Being rear-ended can be one of the scariest experiences of your life. Very often you don’t even see it coming, or what you do see can be terrifying. In this article, we will discuss what comes after a rear-end accident. At Varghese Summersett, our Fort Worth rear-end collision lawyers have a deep understanding of how these cases work and what it takes to maximize your recovery. We know insurance companies try to minimize payouts, and we fight back aggressively on your behalf.
Why Choose Varghese Summersett for Your Rear-End Collision Case?
Varghese Summersett is a premier Texas law firm with more than 100 years of combined legal experience. Our personal injury team includes former prosecutors who tried hundreds of cases and attorneys who previously represented insurance companies. This insider knowledge allows us to anticipate defense strategies and build stronger cases for our clients.
Partner Ty Stimpson leads our Personal Injury Division and has been recognized as a Top 40 Under 40 by the National Trial Lawyers, a Rising Star by Super Lawyers, and Young Professional of the Year by the Fort Worth Chamber. Our firm has team members across four Texas offices in Fort Worth, Dallas, Houston, and Southlake. We handle rear-end collision cases on a contingency fee basis, meaning you pay nothing unless we win your case and we will work to find you medical care in the meantime, often with little to no upfront out of pocket expenses.
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What If I Felt Multiple Impacts in a Rear-End Collision?
Feeling multiple impacts during a crash can be disorienting and frightening. This typically happens in one of two scenarios: either multiple vehicles hit you in rapid succession, or you were pushed forward by the initial impact and then struck by another vehicle or object.
When you feel multiple impacts, the forces on your body are compounded. Each collision adds to the trauma your neck, spine, and soft tissues experience. This is why many victims of chain-reaction crashes suffer more severe injuries than those involved in simple two-car collisions. You should tell medical providers about each impact you felt, as this helps them understand the full scope of forces your body absorbed.
From a legal standpoint, multiple impacts often mean multiple at-fault parties. Our attorneys investigate every collision in the chain to identify all responsible drivers and their insurance policies. This approach can significantly increase the compensation available to you.
What If I’m the Middle Car in a Three-Car Pileup?
Being the middle vehicle in a rear-end collision chain can feel like being caught in a pincer. You may have been pushed into the car ahead of you while simultaneously being struck from behind. Many clients worry this means they share fault for hitting the vehicle in front of them.
Under Texas law, a driver who is rear-ended and pushed into another vehicle is generally not at fault for that secondary collision. The driver who initiated the chain reaction bears responsibility for the downstream impacts. If you were stopped or traveling at a safe speed before being rear-ended, the driver who struck you from behind is liable for both the direct impact and the collision that resulted when you were pushed forward.
There are exceptions. If you stopped suddenly and unexpectedly, were driving erratically, or had non-functioning brake lights, an insurance company might argue you share some responsibility. Our attorneys gather evidence from the scene, witness statements, and vehicle damage patterns to establish that the rear driver’s negligence caused the entire chain of events.
What Must Be Proven in a Rear-End Collision Case?
Texas personal injury claims are governed by negligence law. Under the Texas Civil Practice and Remedies Code Chapter 33, you must prove four elements to recover compensation:
- Duty: The at-fault driver owed you a duty to operate their vehicle safely
- Breach: The driver breached that duty by failing to maintain a safe following distance, driving while distracted, speeding, or otherwise acting negligently
- Causation: The breach directly caused your injuries
- Damages: You suffered actual harm, such as medical expenses, lost income, or pain and suffering
You must prove these elements by a preponderance of the evidence, meaning it is more likely than not that the defendant’s negligence caused your injuries. This is a lower standard than the “beyond a reasonable doubt” standard used in criminal cases.
Texas follows a modified comparative fault rule under Civil Practice and Remedies Code § 33.001. If you are found more than 50 percent at fault for the accident, you cannot recover any compensation. If you are 50 percent or less at fault, your recovery is reduced by your percentage of responsibility.
Types of Damages Available in Rear-End Collision Cases
If you were injured in a rear-end collision in Fort Worth, you may be entitled to recover both economic and non-economic damages.
Economic damages compensate you for financial losses with specific dollar amounts:
- Past and future medical expenses, including emergency care, surgery, physical therapy, and medication
- Lost wages from time missed at work
- Reduced earning capacity if your injuries prevent you from returning to your previous job
- Property damage to your vehicle
- Out-of-pocket expenses such as transportation to medical appointments
Non-economic damages compensate you for subjective losses that don’t have a specific price tag:
- Physical pain and suffering
- Mental anguish and emotional distress
- Loss of enjoyment of life
- Disfigurement or physical impairment
- Loss of consortium for your spouse
Learn more about economic damages and non-economic damages in Texas personal injury cases.
How Long Do I Have to File a Rear-End Collision Lawsuit in Texas?
Under Texas Civil Practice and Remedies Code § 16.003, you have two years from the date of the accident to file a personal injury lawsuit. If you miss this deadline, you will likely be barred from recovering any compensation.
Two years may seem like plenty of time, but evidence can disappear quickly. Witnesses move away and forget details. Surveillance video gets overwritten. Vehicle damage is repaired. The sooner you contact a Fort Worth rear-end collision lawyer, the better positioned we are to preserve evidence and build a strong case on your behalf.
Read more about the statute of limitations for personal injury cases in Texas.
What Is My Fort Worth Rear-End Collision Case Worth?
The value of your rear-end collision case depends on several factors:
- Severity of injuries: Cases involving herniated discs, traumatic brain injuries, or chronic pain conditions typically result in higher compensation than soft tissue injuries that heal quickly
- Medical expenses: The cost of your treatment, including future care you will need
- Impact on your work: Lost wages and reduced earning capacity
- Available insurance coverage: The at-fault driver’s policy limits and whether you have underinsured/uninsured motorist coverage
- Clarity of fault: Rear-end collisions often have clear liability, which can strengthen your negotiating position
Insurance companies use software to calculate settlement offers, but these programs rarely account for the full impact an injury has on your life. Our attorneys know how to document your damages thoroughly and negotiate for what your case is truly worth.
The Legal Process for Fort Worth Rear-End Collision Claims
Understanding what to expect helps reduce stress during an already difficult time. Here is how a typical rear-end collision case progresses:
Initial Consultation: You meet with one of our attorneys to discuss the accident, your injuries, and your legal options. This consultation is free, and there is no obligation to hire us.
Investigation: We gather evidence including the police report, photographs, witness statements, medical records, and any available surveillance footage. For multi-vehicle collisions, we work to identify every at-fault party.
Medical Treatment: You continue treating with your doctors. We track your medical expenses and work with providers to ensure your care is documented thoroughly.
Demand Letter: Once you reach maximum medical improvement or we have a clear picture of your damages, we send a demand letter to the insurance company outlining your claim.
Negotiation: Insurance companies rarely offer fair compensation on the first attempt. We negotiate aggressively, using our knowledge of how insurers evaluate claims to push for maximum recovery.
Litigation: If the insurance company refuses to offer fair compensation, we file a lawsuit. Our attorneys are experienced trial lawyers who are prepared to take your case to court if necessary.
Resolution: Most cases settle before trial, but we prepare every case as if it will go before a jury. This approach often leads to better settlement offers.
Why Insurance Companies Fight Rear-End Collision Claims
You might think rear-end collisions would be straightforward, since the rear driver is almost always at fault. However, insurance companies still deploy aggressive tactics to minimize payouts.
Disputing the severity of injuries: Insurers often argue that rear-end collisions at low speeds cannot cause serious injuries. Medical research shows otherwise. Even impacts at 10 mph can cause herniated discs, whiplash, and concussions.
Blaming pre-existing conditions: If you had prior back or neck problems, the insurance company may claim your current symptoms are unrelated to the accident. Texas law allows you to recover for aggravation of pre-existing conditions. Learn more about how pre-existing conditions affect car accident claims.
Questioning gaps in treatment: If you waited to seek medical care or missed appointments, insurers argue your injuries must not be that serious. This is why we encourage clients to follow their doctors’ recommendations consistently.
Making lowball offers: Insurance adjusters are trained to settle claims quickly and cheaply. Their initial offer is almost never the full value of your case.
Our attorneys know these tactics and counter them with thorough documentation, expert testimony, and aggressive negotiation.
Fort Worth Local Resources
If you’ve been involved in a rear-end collision in Fort Worth, these local resources may be helpful:
Hospitals with Trauma Centers:
- John Peter Smith Hospital – Level I Trauma Center, 1500 S. Main St., Fort Worth
- Texas Health Harris Methodist Hospital Fort Worth – 1301 Pennsylvania Ave., Fort Worth
- Cook Children’s Medical Center – Pediatric Level I Trauma Center, 801 7th Ave., Fort Worth
Law Enforcement:
- Fort Worth Police Department – (817) 392-4222
- Tarrant County Sheriff’s Office – (817) 884-1213
Obtaining Your Crash Report:
Personal injury cases in Tarrant County are heard at the Tim Curry Criminal Justice Center and the Tarrant County Civil Courts Building in downtown Fort Worth.
What to Expect From Varghese Summersett
When you hire Varghese Summersett to handle your Fort Worth rear-end collision case, you can expect:
Direct access to your attorney: You will work with experienced lawyers who know your case, not paralegals or case managers who barely know your name.
Thorough investigation: We gather every piece of evidence that supports your claim, from crash scene photos to black box data to surveillance footage.
Aggressive negotiation: Insurance companies know we are prepared to go to trial. This leverage often results in better settlement offers.
No upfront costs: We handle personal injury cases on a contingency fee basis. You pay nothing unless we recover compensation for you.
Clear communication: We keep you informed throughout the process and answer your questions promptly.
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Watch: Fort Worth Woman Shares Her Rear-End Collision Story
Frequently Asked Questions About Fort Worth Rear-End Collisions
Is the rear driver always at fault in a rear-end collision?
In most cases, yes. Texas law requires drivers to maintain a safe following distance and be able to stop safely. However, there are exceptions. If the front driver slammed on their brakes suddenly without reason, reversed unexpectedly, or had broken brake lights, they may share some responsibility. Our attorneys investigate every case to establish clear liability.
What should I do immediately after a rear-end collision in Fort Worth?
Call 911 and seek medical attention, even if you feel fine. Adrenaline can mask pain. Exchange information with other drivers, take photos of all vehicles and the scene, and get contact information from witnesses. Do not admit fault or apologize. Report the accident to your insurance company, but do not give a recorded statement to the other driver’s insurer without speaking to an attorney first. Learn more about what to do after a car accident.
Why does my neck hurt days after a rear-end collision?
Delayed pain is common after rear-end collisions. Soft tissue injuries like whiplash may not become apparent until inflammation sets in. Disc herniations and other spinal injuries can also take days to manifest symptoms. This is why seeking medical care promptly is so important. Read more about delayed pain after a car accident.
Can I recover compensation if I was partially at fault?
Yes, as long as you were not more than 50 percent at fault. Under Texas modified comparative negligence law, your recovery is reduced by your percentage of fault. If you were 20 percent responsible and your damages total $100,000, you would recover $80,000. Learn more about modified comparative negligence in Texas.
How much does it cost to hire a Fort Worth rear-end collision lawyer?
Varghese Summersett handles personal injury cases on a contingency fee basis. This means we only get paid if we recover compensation for you. There are no upfront costs or hourly fees. Our fee is a percentage of the recovery, so our interests are aligned with yours.
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Injured in a Fort Worth Rear-End Collision? We’re Here to Help.
If you or a loved one was hurt in a rear-end crash in Fort Worth, the experienced personal injury attorneys at Varghese Summersett are ready to fight for the compensation you deserve. We understand the physical, emotional, and financial toll these accidents take on families. Let us handle the legal battle while you focus on healing.
Call (817) 203-2220 today for a free consultation. We work on a contingency fee basis, so you pay nothing unless we win your case.
