Rear-end collisions are among the most frequent types of car accidents, accounting for nearly 29% of all traffic accidents in the United States, according to the National Highway Traffic Safety Administration (NHTSA). These accidents, while common, can lead to severe injuries and complex legal battles. At The Law Office of David M. Kennedy, a personal injury law firm based in Sherman, Texas, we have extensive experience helping victims of rear-end collisions pursue compensation for their injuries and losses. Understanding the causes, determining liability, assessing injuries, and navigating settlements are crucial for anyone involved in such an accident.

Common Causes of Rear-End Collisions

Rear-end collisions can happen for many reasons, but driver error is the most common factor. Some of the most prevalent causes include:

1. Distracted Driving: With the increasing use of smartphones, distracted driving has become a leading cause of rear-end accidents. According to the CDC, approximately 3,142 people were killed in 2020 due to distracted driving. Texting, adjusting the radio, or even talking to passengers can divert attention long enough to cause a collision.
2. Tailgating: Following too closely behind another vehicle leaves little room for reaction if the car ahead suddenly slows down or stops. Texas law requires drivers to maintain a safe following distance, and failure to do so can result in liability for a rear-end crash.
3. Speeding: When drivers are speeding, they have less time to react to sudden stops, increasing the likelihood of rear-end collisions. The NHTSA reports that speeding was a factor in 26% of all traffic fatalities in 2021, and it contributes to more severe impacts in rear-end collisions.
4. Weather Conditions: Rain, ice, or fog can reduce visibility and traction, making it harder to stop in time to avoid a crash. Drivers are expected to adjust their speed and driving behavior to accommodate for adverse weather, but many fail to do so.
5. Sudden Stops: While the driver who rear-ends another vehicle is often presumed at fault, there are cases where the driver in front may share some responsibility. If a driver stops suddenly without warning or proper signaling, they can contribute to the accident.

Liability in Rear-End Collisions

In most rear-end collisions, the trailing driver is assumed to be at fault. Texas follows a “fault” system when determining liability for car accidents, meaning that the party responsible for the accident must cover the damages.

However, there are instances where the driver in front can be held partially or fully liable. Examples include situations where the lead driver:

• Reverses suddenly into another vehicle.
• Stops abruptly in traffic without reason or warning.
• Fails to repair faulty brake lights, making it difficult for other drivers to anticipate stops.
• Short-stopping, where the driver starts the turn or to enter the intersection, then suddenly stops.

In cases where both drivers share fault, Texas applies a modified comparative negligence rule. This means that if a victim is found to be less than 51% at fault, they can still recover compensation, but their award will be reduced by their percentage of fault.

Common Injuries from Rear-End Collisions

Rear-end collisions, even at low speeds, can result in serious injuries. Some of the most common injuries include:

1. Whiplash: One of the most well-known injuries from rear-end crashes is whiplash, which occurs when the neck is forcefully jerked back and forth. Whiplash can cause chronic pain, stiffness, and reduced range of motion. If serious enough, they can be very difficult to resolve.
2. Back and Spinal Injuries: The sudden impact of a rear-end collision can cause herniated discs, spinal cord injuries, or other back problems that may require long-term medical care.
3. Head Injuries: Even with airbags, drivers and passengers can suffer traumatic brain injuries (TBI) in rear-end accidents. These injuries can range from mild concussions to more severe forms of brain damage, leading to cognitive and physical impairments.
4. Broken Bones: The force of the crash can cause broken bones, especially in the arms, legs, and face. Some fractures may require surgery and extensive rehabilitation, as well as shoulder rotator cuff injuries.
5. Internal Injuries: The impact of the crash can cause internal injuries to organs such as the lungs, kidneys, or liver, which may not show immediate symptoms but can be life-threatening without prompt medical attention.

Settlements and Compensation

Victims of rear-end collisions often face mounting medical bills, lost wages, and other financial hardships. At The Law Office of David M. Kennedy, we work diligently to help our clients obtain fair settlements. Texas law allows victims of rear-end collisions to seek compensation for various damages, including:

• Medical Expenses: This includes both current and future medical costs related to the accident, such as surgeries, physical therapy, and prescription medications.
• Lost Wages: Victims can recover compensation for time missed from work due to their injuries, as well as any loss of future earning capacity.
• Pain and Suffering: Physical pain, emotional distress, and reduced quality of life are all factors that can influence a personal injury settlement.
• Property Damage: This includes the cost of repairing or replacing the vehicle involved in the accident.

Determining Settlement Amounts

The amount of compensation a victim can recover depends on several factors, including:

• Severity of injuries: More severe injuries generally result in higher settlements due to the increased cost of medical treatment and the long-term impact on the victim’s life.
• Clear liability: When fault is clearly established, it can be easier to negotiate a settlement.
• Insurance limits: Texas requires drivers to carry minimum liability insurance, but in some cases, the at-fault driver’s insurance may not cover all the victim’s damages. In such instances, a personal injury attorney can help explore other avenues for compensation.
• Punitive damages: Under certain circumstances, an at-fault driver or his/her employer may be liable for punitive damages, usually due to aggravating factors showing gross negligence. This potential recovery can drive up the value of the case for settlement purposes.

Why You Need a Personal Injury Attorney

Navigating the aftermath of a rear-end collision can be overwhelming, especially when dealing with insurance companies who may try to minimize your claim. At The Law Office of David M. Kennedy, we have a deep understanding of Texas personal injury law and are committed to fighting for the maximum compensation our clients deserve. If you’ve been involved in a rear-end collision in Sherman or the surrounding North Texas area, Contact Us today for a free consultation.

In conclusion, rear-end collisions are complex accidents with a variety of causes, from distracted driving to sudden stops. Determining liability and understanding the full extent of injuries is crucial to obtaining a fair settlement, and having the right legal representation can make all the difference in your recovery process.