Rear End Collision Attorney

Rear End Collision Attorney in Arlington & DFW Areas

Arlington & DFW rear end collision attorney David Kohm has worked for many years handling cases for our clients and their families. Although rear end collisions are inevitable, it only takes one inattentive driver to ruin your day. With so many people on the roads today, the distractions both in and outside of your vehicle are a recipe for a rear end collision. People could be texting, checking their GPS system, putting on makeup, or talking on their cell phones – the list goes on. Our attorneys know that these accidents are a common event, so our experience can help you through the burdens the accident has placed on you by most likely seeking compensation from the negligent driver’s insurance.

Arlington TX rear end collision attorney David Kohm has worked for many years handling these types of cases for our clients and their families, who have suffered physical injuries, wrongful death, lost wages, continued employment issues, pain and suffering, and medical bills. The most important thing is ensuring that you get the medical treatment you need. Our office can ensure you receive this treatment without having to pay any money directly. The doctors would agree to be paid a portion of the settlement, and you won’t have to pay us any money directly either. We don’t collect unless you win your case.

The large majority of cases never go to trial, but it is essential to build up a case as a bargaining tool with the insurance companies. Insurance companies retain skillful defense lawyers to misdirect juries by clouding the facts of the case and attempting to make it appear as though you, the victim, are an equal culprit in the accident. You need an experienced attorney that can make an irrefutable case. We hope that your case doesn’t have to go to trial but if it does, we strive to present such a strong case that the insurance company has no choice but to give the compensation you need.

If you’ve suffered as a result of a rear end collision, because of the other driver’s negligence, you cannot afford to hope that the insurance company will be generous in seeing that you’re properly compensated. Don’t take a quick settlement and don’t speak to any insurance adjuster until you’ve had the time to speak with a qualified personal injury attorney who knows how to deal with this type of accident.

Who is at fault in a rear-end accident?

In most cases, the driver who rear-ends another vehicle is considered at fault in a rear-end accident. Texas law requires drivers to maintain a safe following distance to avoid collisions, even in sudden or unexpected situations. However, determining fault isn’t always straightforward, as unique circumstances can impact liability. At The Law Offices of David Kohm, we carefully investigate the details of your accident to ensure fault is assigned correctly.

Can I still be at fault if I was rear-ended?

Yes, there are situations where the driver in front may share or even bear full responsibility for a rear-end collision. For example:

• If the lead driver made a sudden and unnecessary stop.
• If their brake lights were not functioning properly.
• If they were reversing at the time of the accident.

Texas follows a comparative fault system, meaning your compensation could be reduced if you are found partially at fault. Our attorneys can help gather evidence to minimize your liability and protect your rights.

What if the car in front of me stopped suddenly?

Even if the vehicle in front of you stopped suddenly, you could still be found at fault for not maintaining a safe following distance. However, exceptions exist if the lead driver’s actions were reckless or unlawful, such as:

• Cutting you off without warning.
• Stopping abruptly in the middle of traffic without cause.
• Operating their vehicle in a way that created an unavoidable hazard.

At The Law Offices of David Kohm, we analyze police reports, witness statements, and other evidence to build a strong case in your defense or claim. If the lead driver acted negligently, we’ll fight to hold them accountable.

How do I file a claim after a rear-end accident in Texas?

Filing a claim after a rear-end accident in Texas involves several important steps:

• Report the Accident: Notify your insurance company as soon as possible. Provide accurate details about the collision.
• Gather Evidence: Collect photos of the accident scene, your vehicle’s damage, and any visible injuries. Obtain the other driver’s insurance and contact information, as well as witness statements.
• Obtain the Police Report: This report can serve as a key piece of evidence in determining fault.
• Seek Medical Attention: Even if you feel fine, injuries like whiplash can surface later. Prompt medical documentation strengthens your claim.
• Contact an Attorney: At The Law Offices of David Kohm, we handle the claims process on your behalf, ensuring your rights are protected and maximizing your potential compensation.

What if the other driver doesn’t have insurance?

If the other driver doesn’t have insurance, you still have options to recover damages:

• Uninsured Motorist Coverage (UM): If your policy includes UM coverage, it can help cover medical bills, vehicle repairs, and other damages.
• Personal Injury Protection (PIP): PIP coverage, required in Texas unless waived, can help pay for medical expenses and lost wages regardless of fault.
• Legal Action: You may be able to file a lawsuit against the at-fault driver to recover damages.

Our experienced attorneys can guide you through these options and help you pursue the compensation you deserve, even in challenging situations.

How much is my case worth?

The value of your case depends on several factors, including:

• Medical Expenses: Costs for current and future medical treatments.
• Property Damage: Repairs or replacement of your vehicle.
• Lost Wages: Compensation for time missed from work due to your injuries.
• Pain and Suffering: Compensation for physical and emotional distress caused by the accident.

At The Law Offices of David Kohm, we thoroughly evaluate your case to determine its full value and fight to ensure you receive fair compensation.

Will my insurance rates go up if I file a claim?

Filing a claim doesn’t automatically mean your insurance rates will increase. It depends on factors such as:

• Who Was at Fault: If you’re not at fault for the accident, your rates may not increase.
• Your Insurance Provider’s Policies: Each company has its own rules regarding premium adjustments.
• Claim History: Frequent claims may result in higher premiums.

We recommend consulting with your insurance provider and an experienced attorney to understand how filing a claim could impact your rates. Our team can also assist in dealing with your insurance company to protect your interests.

What types of injuries are common in rear-end accidents?

Rear-end accidents often result in a variety of injuries, even at low speeds. Common injuries include:

• Whiplash: A neck injury caused by the sudden back-and-forth motion of the head.
• Back Injuries: Such as herniated discs or muscle strains.
• Head Injuries: Including concussions or traumatic brain injuries (TBI).
• Shoulder and Arm Injuries: Often caused by bracing for impact.
• Soft Tissue Injuries: Such as sprains, strains, and bruising.

Even minor symptoms can worsen over time. At The Law Offices of David Kohm, we recommend seeking immediate medical attention to diagnose and document injuries as soon as possible.

How do I prove my injuries were caused by the accident?

Proving your injuries were caused by the accident requires strong evidence and proper documentation. Key steps include:

• Immediate Medical Evaluation: Seek medical attention promptly after the accident to establish a clear connection between the collision and your injuries.
• Medical Records: Maintain detailed records of all treatments, diagnoses, and recommended follow-ups.
• Accident Documentation: Photos of the scene, vehicle damage, and your injuries can help show the severity of the collision.
• Expert Testimony: Your doctor or medical expert can provide statements connecting your injuries to the accident.
• Legal Representation: Our experienced attorneys will gather and present evidence to ensure your injuries are fully accounted for in your claim.

Can I get compensation for whiplash or soft tissue injuries?

Yes, you can seek compensation for whiplash and other soft tissue injuries, as they can significantly impact your life and require medical treatment. Compensation may cover:

• Medical Expenses: Including initial treatments, physical therapy, and ongoing care.
• Lost Wages: For time missed from work due to pain or recovery.
• Pain and Suffering: For the physical and emotional toll of your injuries.

Insurance companies often downplay these injuries, but at The Law Offices of David Kohm, we know how to build a compelling case to ensure you receive fair compensation for all your damages.

Do I need a lawyer for a minor rear-end accident?

Even in a minor rear-end accident, hiring a lawyer can protect your rights and ensure you receive fair compensation. While some cases may seem straightforward, complications can arise, such as:

• Hidden Injuries: Injuries like whiplash or soft tissue damage may not appear immediately.
• Insurance Disputes: The at-fault driver’s insurance company may attempt to minimize or deny your claim.
• Property Damage: You may need help proving the full extent of your vehicle’s damage.

At The Law Offices of David Kohm, we offer a free consultation to assess your case and determine if legal representation is necessary. Our goal is to help you navigate the process with confidence, even for smaller claims.

How long do I have to file a lawsuit in Texas?

In Texas, the statute of limitations for filing a personal injury lawsuit after a car accident is two years from the date of the accident. This deadline applies to:

• Personal Injuries: Claims for medical expenses, lost wages, and pain and suffering.
• Property Damage: Claims for vehicle repairs or replacement.

If you miss this deadline, you may lose your right to seek compensation. At The Law Offices of David Kohm, we recommend contacting us as soon as possible to preserve evidence, build your case, and meet all legal deadlines.

What if the other driver blames me for the accident?

If the other driver blames you for the accident, it’s essential to gather evidence to defend yourself. Key steps include:

• Document the Scene: Take photos of the vehicles, damages, and any relevant traffic signals or road conditions.
• Obtain the Police Report: This report often includes the officer’s assessment of fault, which can be helpful.
• Witness Statements: Eyewitness accounts can provide an unbiased perspective on how the accident occurred.

Texas follows a comparative fault system, meaning you can still recover damages if you are less than 51% at fault, though your compensation may be reduced by your percentage of fault. Our attorneys specialize in building strong cases to dispute unfair blame and ensure you receive the compensation you deserve.

What evidence should I collect at the scene of the accident?

Gathering evidence at the scene of a car accident is critical to building a strong case. Key evidence includes:

1. Photos and Videos: Take clear pictures of vehicle damage, license plates, road conditions, traffic signs, skid marks, and any visible injuries.
2. Contact Information: Collect names, phone numbers, and insurance details from all parties involved.
3. Witness Statements: Get contact information for any witnesses and record their observations if possible.
4. Accident Details: Note the time, date, weather, and any other relevant conditions.
5. Police Report Number: If the police are called, request the report number and officer’s contact details.

At The Law Offices of David Kohm, we can use this evidence to build a strong case for your claim. If you’re unable to gather evidence due to injuries, we can assist in conducting a thorough investigation.

Will dashcam footage help my case?

Yes, dashcam footage can be invaluable in proving fault and supporting your version of events. Dashcam recordings can:

• Show how the accident occurred in real-time.
• Capture traffic violations or reckless driving by the other party.
• Provide indisputable evidence to counter false claims.

Our attorneys can review your dashcam footage to determine how it strengthens your case and present it as compelling evidence during negotiations or in court.

What role does the police report play in proving fault?

The police report is a crucial document in car accident cases, as it often includes:

• The Officer’s Assessment: Observations about how the accident occurred and any traffic laws violated.
• Statements from Parties Involved: Summaries of what drivers and witnesses reported at the scene.
• Citations Issued: Evidence of negligence, such as tickets for speeding or distracted driving.

While the police report is not the final word on fault, insurance companies and courts often rely on it heavily. At The Law Offices of David Kohm, we can obtain and analyze the police report to strengthen your claim or dispute inaccuracies if necessary.

If you have questions or would like to discuss your case, you can call our offices day or night. Call the Law Offices of David Kohm at the number listed on our homepage or you can contact us online by completing our Free Evaluation Request form. We will respond to you very quickly. Initial consultations are FREE, and we will come to your home or doctor’s office to meet with you.

Auto Accident Assistance

• Recover property damage
• Recover lost wages
• Recover car repair expenses
• Rental car assistance

Se habla ingles y espanol. Llame a David Kohm, Dallas-Fort Worth abogado de accidentes.