In a Multi-Car Rear-End Accident, Are All Cars at Fault in Texas?
When rear-end car accidents involving multiple vehicles occur, multiple drivers may be held liable for the injuries and property damages you suffer.
Drivers are urged to keep their focus on the road and to obey all traffic regulations to reduce the likelihood of car accidents and injuries. When crashes do occur, multiple drivers may be impacted. This is especially true in rear-end collisions, where having to slam on your brakes can cause a multi-vehicle pileup to occur. Blame for these accidents may be shared among several parties. If you are a victim in this type of crash and collided with another vehicle as the result of another’s reckless driving behavior, you may still be entitled to compensation through a personal injury claim.
Common Causes of Rear-End Car Accidents
According to the Texas Department of Transportation (TxDOT), roughly 40,000 car accidents occurred in El Paso over the course of 2016, half of which resulted in potentially serious injuries for drivers and their passengers. These crashes are often due to the reckless and negligent driving behaviors of others. Common causes of car accidents in Texas include:
- Speeding and going too fast for conditions;
- Aggressive driving, such as tailgating and improper passings;
- Failure to obey traffic signs and signals;
- Distracted driving;
- Driving under the influence of alcohol, drugs, or medications.
All of the above behaviors make rear-end collisions more likely to occur. The Insurance Information Institute (III) reports that rear-end crashes are responsible for roughly 30 percent of all car accidents on U.S. roads. When these occur in heavy traffic conditions or on busy interstates, multiple vehicles are likely to be involved.
Determining Fault In Rear-End Car Accidents
One driver going too fast, following another too closely, or racing to get through a stop light can easily crash into the rear-end of another, requiring an immediate emergency response from drivers following behind. Even if you are able to stop in time, you may be propelled into another vehicle on impact.
In this situation, it can be difficult to determine exactly who is at fault. Under the Texas Civil Practice and Remedies Code, the rules of proportionate responsibility allow you to seek compensation from other drivers, providing you were not more than 51 percent to blame. However, this would reduce the overall amount you are entitled to. For example:
- A multi-vehicle rear-end accident leaves you with $100,000 in damages;
- It is determined you were 40 percent responsible for the accident;
- You would still be entitled to 60 percent of your damages, or $60,000.
Contact Our El Paso and Las Cruces Car Accident Attorneys Today
Determining who is to blame in car crashes can be challenging, particularly if multiple drivers are involved. In these situations, you need an experienced car accident attorney on your side. If you are involved in a rear-end crash, contact the Lovett Law Firm and request a consultation in our Texas or New Mexico offices to discuss your case and how we can assist you.
https://lovettlawfirm.com/do-you-need-uninsured-motorist-insurance-?/
Do You Need Uninsured Motorist Insurance?
If they are uninsured, your own insurance coverage may help to cover the costs you incur in an accident, but this type of insurance is not mandatory in Texas.
Do You Need Uninsured Motorist Insurance?
Uninsured motorist insurance coverage is not required in Texas, but it can protect you in car accidents involving other drivers.
When car accidents occur, insurance coverage often can be used to pay for the medical expenses and property damages you and other drivers suffer. If you are at fault, your insurance company can held you avoid potential legal liability. If the other driver is to blame, you can seek compensation for your injuries through their insurance policy. If they are uninsured, your own insurance coverage may help to cover the costs you incur, but this type of insurance is not mandatory in Texas. In this scenario, our El Paso car accident attorneys can help you explore other options in getting the compensation you need to recover.
Insurance Coverage Requirements In Texas
According to the Texas Department of Insurance (TDI), drivers are required to purchase a mandatory amount of liability insurance coverage, to cover the medical expenses and property damages other drivers suffer in the event of a car accident for which they are to blame. New Mexico has similar laws in place. Unfortunately, even though it is required, some drivers fail to obtain coverage. Reasons for this include:
- They may be reluctant to pay the higher insurance premiums most companies charge if they have a poor driving record.
- Depending on the types of driving offenses or prior car accidents, they may be unable to find an insurance company willing to cover them.
- They may be driving illegally, without a license or their vehicle may not be registered.
Uninsured Motorist Coverage
According to the Insurance Information Institute (III), as many of 15 percent of drivers in Texas and more than 20 percent of those in New Mexico do not have a valid insurance policy in place. To protect yourself against the high costs of car accidents and injuries involving these types of drivers, you may wish to add uninsured/underinsured coverage to your existing policy. While both Texas and New Mexico do not require this coverage, they do require insurance companies to offer it and to verify that you are refusing this coverage in writing.
In the event you are involved with an uninsured driver and do not have uninsured/underinsured coverage, there are several options:
- Ensure that your insurance company did offer it, as required by law, and obtained your written refusal of the offer.
- File a personal injury lawsuit against the other driver in court. Depending on the situation, you may be able to seek damages that are in excess of what an insurance policy would typically cover.
Even if the at fault driver is currently unemployed or has little income, the court can utilize wage garnishment and other enforcement efforts until the debt is paid.
Let Our El Paso and Las Cruces Car Accident Attorneys Assist You
Even a minor crash or collision can leave you suffering serious injuries, requiring ongoing medical care while preventing you from working or engaging in your normal activities. In these situations, our El Paso car accident attorneys are here to help. Contact the Lovett Law Firm and request a consultation in our Texas or New Mexico offices today.