Rear-End Collision Attorney in Texas

Rear-end collisions are one of the most common types of auto accidents in Texas. Even though they often seem straightforward, these accidents can lead to severe injuries and significant legal consequences. At Jose Orihuela, Attorney at Law, I understand how overwhelming the aftermath of a rear-end collision can be for my clients.

You’re not only dealing with the physical pain and emotional stress but also the intricacies of insurance claims, medical bills, and potential legal issues. It’s my job to help you through this difficult time, protecting your rights and working to secure fair compensation for your injuries.

The Legal Definition of Rear-End Collisions

A rear-end collision occurs when one vehicle crashes into the back of another. These accidents can happen for several reasons, including distracted driving, speeding, or following too closely. In Texas, the driver who hits the vehicle in front is typically presumed to be at fault because all drivers are expected to maintain a safe following distance.

This rule, however, isn’t always absolute. There are situations where the driver in front might share responsibility, such as if they suddenly brake without reason or have malfunctioning brake lights.

As a personal injury attorney, I’ve handled many cases where liability wasn’t as clear as it first seemed. Texas follows a modified comparative fault rule, which means that even if you’re partially responsible for the accident, you may still recover damages.

According to Texas Statutes Civil Practice and Remedies Code Chapter 33, Subchapter A, Section 33.001, you can recover damages if your fault is less than 51%. In cases where the fault is disputed, gathering the right evidence—such as traffic camera footage, witness statements, or vehicle damage reports—can make or break a case.

I work with my clients to carefully investigate every detail of the collision to protect their legal rights.

Common Injuries in Rear-End Collisions

Rear-end collisions often lead to injuries that aren’t immediately apparent. Whiplash is one of the most common injuries in these types of accidents. It occurs when the sudden impact causes your head to jerk forward and back, straining the muscles and ligaments in your neck.

While whiplash is sometimes dismissed as a minor injury, it can lead to chronic pain, limited mobility, and even nerve damage if left untreated.

Other common injuries include spinal injuries, concussions, and soft tissue damage. These injuries can require long-term medical treatment, physical therapy, and sometimes surgery. I’ve worked with many clients who underestimated the severity of their injuries initially, only to find themselves facing months or even years of recovery.

That’s why it’s crucial to seek medical attention immediately after any accident, even if you feel fine at the moment. Medical records are vital for your personal injury claim, and they provide a clear link between the accident and your injuries.

The Need to Prove Negligence in a Rear-End Collision

In any personal injury case, proving negligence is the key to receiving compensation. Negligence means that someone fails to act with the level of care that a reasonable person would have in a similar situation. In a rear-end collision, negligence is often assumed if the other driver is distracted, speeding, or following too closely.

However, the burden of proof still lies with the injured party, and that’s where a personal injury attorney comes in.

My role as your attorney is to gather and present the evidence needed to show that the other driver was negligent and that their actions directly caused your injuries. This involves reviewing police reports, speaking with witnesses, and possibly working with accident reconstruction experts to paint a clear picture of what happened.

Texas law allows you to seek compensation for medical expenses, lost wages, pain and suffering, and more. By building a strong case, I can work with you to pursue the compensation you deserve.

Why a Personal Injury Attorney Is Important

You might wonder if hiring a personal injury attorney is necessary after a rear-end collision. The answer is often yes. Insurance companies will almost always try to minimize the amount they pay out, and without legal representation, you may end up settling for far less than you deserve. As a personal injury attorney, I’m familiar with the tactics insurance adjusters use and how to counter them effectively.

In addition to handling negotiations with insurance companies, I’ll also represent you in court if your case goes to trial. Most personal injury cases settle before trial, but having a lawyer who is prepared to take the case as far as necessary sends a strong message to the insurance company.

I take pride in treating each case personally, understanding that you’re not just another client but a person who’s been hurt and needs help. My job is to take that burden off your shoulders so you can focus on healing.

Compensation You May Be Entitled To

The compensation you’re entitled to in a rear-end collision case will depend on the extent of your injuries and the impact they have on your life. In Texas, you can recover damages for:

• Medical Expenses: This includes hospital bills, doctor visits, physical therapy, and any future medical care related to the accident. It’s important to track all of your medical expenses, even if they seem minor at first. These bills add up quickly, and they’re a crucial part of your compensation claim.

• Lost Wages: If your injuries prevent you from working, you can seek compensation for the income you’ve lost and any future earnings you may miss out on. Lost wages are not just about missed paychecks but also include future earning potential. This compensation can make a big difference in your financial recovery after an accident.

• Pain and Suffering: This covers the physical pain and emotional distress caused by your injuries. Pain and suffering compensation is often subjective, but it’s just as important as tangible expenses. Your quality of life matters, and this helps account for the non-economic toll the accident has taken on you.

• Property Damage: You may also recover costs for repairing or replacing your vehicle. Property damage isn’t limited to just your car but can also include any personal items damaged in the collision. Keep all repair receipts and estimates to bolster your compensation claim.

It’s important to note that Texas has a statute of limitations for filing personal injury claims. You generally have two years from the date of the accident to file your claim. Waiting too long could result in losing your right to pursue compensation. I always encourage clients to reach out as soon as possible after an accident so I can start building a strong case from the beginning.

What Sets Jose Orihuela, Attorney at Law Apart

As a personal injury attorney, I bring a unique, hands-on approach to each case I handle. Some attorneys may treat cases as routine, but I believe in making every client feel heard and understood. I’ve been practicing law for over 20 years, and during that time, I’ve represented many clients in rear-end collision cases across Texas.

What sets me apart is my genuine care for the people I represent. I know you’re going through a tough time, and it’s my goal to help ease that burden by providing compassionate, effective legal representation.

I take the time to get to know each of my clients and understand the full scope of how their injuries have affected their lives. This personalized approach allows me to fight for compensation that fully addresses your needs, both now and in the future. If you’ve been injured in a rear-end collision, I’m here to help you through the legal process.

With an office in Webster, Texas, I've served clients in South Houston, Clear Lake, Friendswood, League City, Alvin, Houston, Dickinson, Bacliff, Kemah, Seabrook, and Santa Fe. Contact Jose Orihuela, Attorney at Law today to see how I can assist with your case.