McAllen Rear End Accident Lawyer

If you’ve ever felt the sudden jolt of a vehicle slamming into your back bumper on a McAllen roadway, you know the shock and confusion that follows. In those first moments, it’s easy to assume the other driver is completely at fault—after all, they hit you from behind. But as any experienced McAllen rear end accident lawyer will tell you, the reality of these cases is often far more complex than it appears on the police report. Texas law operates under a modified comparative negligence standard, meaning the driver in front can sometimes share a percentage of the blame depending on factors like malfunctioning brake lights or sudden, unexpected maneuvers.

At JD Silva & Associates, we understand that insurance companies are quick to exploit this nuance to reduce your settlement or deny your claim entirely. Our legal team is dedicated to cutting through that confusion, investigating every detail of the collision, and ensuring the true story of what happened is told. Whether you’re dealing with a straightforward fender bender or a high-speed impact that resulted in serious spinal trauma, the path to fair compensation begins with a clear understanding of your rights. Below, we break down everything you need to know about fault, damages, and how we fight to protect your future after a rear-end collision in the Rio Grande Valley.

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Rear-End Collisions Explained

Every rear end accident has a unique set of circumstances that will determine qualifying damages. Many people assume fault is automatic after being rear-ended. However, either party may be held liable. However, there are several factors that can lead to a rear-end crash. The most common causes include:

• Distracted driving
• Following too closely
• Failing to yield the right of way
• Speeding and reckless driving

Who Is at Fault in A Rear-End Collision?

In some cases, both parties can be found to be at fault under the state’s comparative negligence doctrine. Surprisingly, there are circumstances where the person who was rear-ended can be held partly liable for a car accident:

• If a motorist is stopped on the side of the road and fails to turn on their hazard lights
• If the brake lights no longer function and the driver failed to fix them
• If a driver abruptly reverses
• If a driver stops and signals for a turn then fails to complete the turn

Under comparative negligence, if a driver is found to be more than 50 percent at fault for a car accident, they cannot recover damages in a personal injury lawsuit in Texas.

What is Comparative Negligence mean in a Rear End Accident?

Comparative negligence is a legal doctrine that seeks to allocate blame in a personal injury matter. Blame is then distributed as a percentage. Injury victims bearing less than 50 percent of the responsibility may collect compensation. The victim’s compensation will be reduced by the amount of their liability.

For example, suppose Driver one rear-ended Driver two at a stop light. Driver two signaled they were turning and changed their mind. Driver one was speeding. Driver two is found to be 20 percent at fault and is entitled to collect 80 percent of the awarded compensation. If the insurance company offers a $100,000 settlement for pain and suffering, driver two may collect $80,000.

Damages in a Rear End Accident Claim

When people are hurt in rear-end car accidents, they may be entitled to recover several different types of damages. At JD Silva & Associates, we have helped our clients recover:

• Medical expenses related to your rear end car accident injuries
• Lost wages if they are unable to work
• Loss of future income
• Pain and suffering damages
• Loss of enjoyment of life damages
• Emotional distress damages
• Possible punitive damages in certain circumstances

Contact Our McAllen Rear End Accident Lawyers for a Free Consultation

Our McAllen rear-end accident lawyers work tirelessly to secure maximum compensation for each and every client. If you or a loved one was injured in a rear end car accident, contact us today. We will aggressively fight on your behalf so you can focus on what matters.