Fault or no-fault? Extenuating circumstances or not? Guilty or not? So many questions of this kind arise when you are involved in an auto accident in which your vehicle was “rear ended”. This is an incident in which your car was either stationary or moving and was then struck from behind by another vehicle.
There are many ways this scenario can play out, with you being rear ended by a negligent driver, you being hit from behind by another vehicle that was forced into yours, and so on. The issue at hand, however, is just who is ultimately responsible for your being rear ended.
Generally, you shouldn’t leave a thing to chance if your vehicle has been rear ended because there are too many things at stake. For one thing, if you are going to say that it was the other driver who hit your car with theirs, and that they are entirely to blame, you will have to be able to prove it.
If the accident was witnessed by a lot of other people who are willing to go on record and provide a statement to that effect, you may have no problems. However, even here you may find that the guilty driver’s insurance company is making things difficult for you.
The Challenges of Auto Accidents
It can sound horrible, but you may find that an insurance company is unwilling to pay for many claims after you have been rear ended. It is the general pattern of most companies to seek ways of avoiding the biggest payouts, and you will find yourself struggling to prove that the driver behind you was totally at fault, liable for all that happened to your car or your body because of the crash, and for any subsequent financial issues afterward.
Also, not all states distinguish fault. In the state of Texas, you can pursue the guilty party who rear ended your vehicle, and you can even attempt to deal with their insurance company, but often this just leaves you without any results or with a settlement that is insufficient.
This is why you need an experienced auto accident attorney to step in and take over the work. In fact, if you are ever rear ended, the first thing to do after the dust has settled is to contact an experienced auto accident attorney. They will begin gathering up all of the information needed to ensure the best possible outcome. That means going so far as to call them from your hospital bed or as you recover at home after the incident.
Working With a Qualified Attorney Makes Sense
Is it really that serious? Absolutely, and you will need to have the issue professionally evaluated straight away. You may want to work with a firm that acts as if you were going directly to court rather than simply seeking to claim what is rightfully yours.
Why should you look at an auto accident as if it were about to become a lawsuit? The reality is that you should view the matter as seriously as if it were going to court because that may be what it takes to get what you are due. As stated, insurance firms are not enthusiastic about paying out, and they will question every single detail. Since you were someone who was just rear ended, it could mean you are in a hospital, not in a fit state to gather data and information, and unable to meet their challenge.
A good auto accident attorney will step up to any such challenge and put together a case that prevents the insurance company from slipping out of their obligation.
Of course, it does come back to whether or not someone is supposed to receive monetary damages under the terms of the law. In Texas, an injured party can sue the person at fault for the accident, but they need to prove that fault. They may need to prove the extent of damage or injury, too. At each step of the way, an experienced attorney has the resources, skills, and ability to ensure the best possible outcome.
The attorneys at Reyes Browne Reilley Law Firm have a proven record of success in helping clients involved in a rear end accident to receive all that they are due under Texas law. Give them a call today to get your case opened and under review.