San Antonio Rear-End Collisions Lawyer

According to information provided by the National Highway Traffic Safety Administration, rear-end collisions are the most common type of car accident, accounting for 29 percent of all crashes. Although it is generally assumed that a rear-end collision is always the fault of the driver of the following car, Texas’ comparative fault standard may complicate matters some. If you have been injured in a rear-end collision in San Antonio, an experienced San Antonio rear-end collisions lawyer from George Salinas Injury Lawyers can help you further understand the legal options that are available to you.

• Following too closely, which is also known as tailgating.
• Aggressive driving
• Distractions, including texting, passengers or pets in the car, or external distractions, such as construction zones or a previous crash on the shoulder of the roadway.
• Driving while impaired by drugs or alcohol.
• Speeding, which makes it harder to stop.

• Poor visibility or poor road conditions.
• Failure of the lead car’s driver to use turn signals
• Parking lots or garages where vehicles make frequent or sudden stops.
• Fatigued driving, which alters a driver’s ability to judge distances between his or her car and other cars.

• Before you hit the road, be sure to inspect your vehicle. Make sure your brakes, brake lights, and turn signals are working properly, your tires have the proper thread depth of at least 4/32 of an inch, your windshields are clean and your windshield wipers are working properly, and your mirrors are adjusted appropriately for the person driving.
• Be sure you are well rested and free of alcohol or drug impairment so that you are able to react appropriately to hazards on the roadways. Avoid distractions such as cell phones and other items that can draw your attention away from the task of driving.
• Use your inside rearview mirrors to regularly scan what is going on behind you. Mirrors should be scanned every five to eight seconds, as well as when stopping, slowing, or changing lanes.
• If someone is following too closely and it is safe to do so, pull into another lane to allow them to pass by you.
• Do not follow too closely. The National Safety Council recommends allowing at least four seconds between your vehicle and the vehicle in front of you during regular daytime driving conditions, and more at night or in inclement weather. You should also allow extra distance if you are traveling behind a vehicle that makes frequent stops.

• Keep a proper distance between your car and the car in front of you when stopped at intersections, as well. This allows space for the lead car to roll backward if it is stopped on a hill, or for you to maneuver around the vehicle in front of you if it stalls at the light.
• Always be as alert as possible when driving your vehicle, regularly scanning the traffic ahead, around, and behind you for potential hazards. Pay attention to the brake lights of the vehicle ahead of you, and anticipate potential situations that may cause the traffic in front of you to suddenly stop, such as a person walking into the roadway from between two parked cars.
• Be predictable for other drivers so that they know what your intentions are. Always signal when changing lanes or turning, and plan ahead when making a turn by being in the appropriate lane well in advance of the turn. Avoid making sudden lane changes.
• Brake early rather than stopping suddenly. Slow gradually when coming to intersections.

After a rear-end collision in San Antonio, injured parties have three ways of recovering compensation: through their own insurance policy if they have a policy to cover the damage to their own car, through a third-party claim against the at fault party’s insurance company, or through a personal injury lawsuit. An experienced car accident attorney can help you with all three methods of pursuing compensation by helping you to negotiate a settlement from your insurance company, the other driver’s insurance company, or through a lawsuit filed in the courts. The types of compensation that can be sought include:

• Vehicle repairs
• Lost earning capacity
• The cost of hiring someone to do household chores if the claimant is no longer able to do them
• Lost wages
• Past, current, and future medical expenses related to the accident injury
• Non-economic damages, such as pain and suffering, disability, or loss of companionship
• In rare cases of extremely reckless, flagrant, or wanton negligence, exemplary damages—also known as punitive damages—can be sought

Your personal injury attorney will help you to determine the amount of compensation that is fair based on the severity of your injuries, your future medical needs, and the impact that your injuries have had on your life.

When filing a personal injury lawsuit to recover damages in Texas, there are a few provisions to be aware of:

• Statute of limitations: The time that you have to file a personal injury lawsuit in court is two years from the date of the accident. If you do not file the suit within two years, your case will likely not be heard. If the claim is against a public entity, such as a city or a municipal bus line, then your time limit to file a lawsuit is much shorter—even as short as 60 days, in some cases.
• If you’re seeking exemplary damages, you are limited to the greater of $200,000; two times the amount of economic damages plus $750,000; or two times the amount of economic damages plus the amount of non-economic damages.
• If the at fault party was participating in a city or county community service program at the time of the accident, claimants are limited in the compensation they can seek against the city or county. These limits are $100,000 per person or no more than $300,000 per accident for personal injury or death, and $10,000 per accident for property damage.