Brian White | July 22, 2020 | Auto Accidents
A tragic car accident near Hardy Toll Road on I-45 claimed the lives of two children. The crash occurred in the 23400 block of the North Freeway. The children, who were 11 and 13 years of age, were flown by Life Flight to Memorial Hermann hospital, where they died.
Three adults were injured in the accident. There was no update as to the condition of the three adults injured in the accident.
According to one news report, a vehicle had either stopped or was preparing to stop when another vehicle struck it from behind. Another source reports that a black Nissan had stopped after losing a tire when the red Ford Mustang struck the Nissan from behind. The two vehicles were the only vehicles involved in the fatal crash.
Determining Fault in a Complicated Car Crash?
There is very little known about the cause of the car crash, so it is impossible to speculate who might be at fault for the crash. In many rear-end crashes, the driver in the rear vehicle is at fault for the cause of the crash. Texas traffic laws require that drivers maintain a safe distance and speed, in case they need to stop.
However, if you are involved in a rear-end crash, you should not assume the rear driver will be held liable for damages. It is best to talk to a car accident lawyer to discuss potential legal defenses to a rear-end crash, such as modified comparative fault.
Damages in a Car Accident Claim
When you are involved in a car accident, the driver who caused the crash is generally liable for your injuries, losses, and damages. Typical damages in a car accident claim include:
- The cost of your medical care, including surgeries, physician’s bills, hospital bills, therapy, medications, and medical equipment
- The cost of any personal care, rehabilitative care, or in-home health care
- Loss of income, salaries, benefits, wages, overtime pay, bonuses, and commissions
- Decreases in your earning potential because of a permanent impairment
- Pain and suffering, including mental, emotional, and physical suffering
- Permanent disabilities, scarring, impairment, and disfigurement caused by the accident or your injuries
- Other out-of-pocket costs related to the accident and your injuries
The value of your personal injury claim depends on the facts and circumstances of your accident. The type and severity of your injuries can have a significant effect on how much your claim is worth. However, allegations of comparative fault can also significantly impact how much money you get from a car accident claim.
What is Modified Comparative Fault in Texas?
Modified comparative fault is a theory used to assign damages in a personal injury claim, including traffic accidents. If a victim is partially at fault for the cause of the crash, the victim’s damages may be reduced by his portion of fault.
For example, if a jury finds that your actions contributed to the cause of your car accident by 30 percent, your damages are reduced by 30 percent. If you were to receive $100,000, the most you could receive for the claim would be $70,000 ($100,000 less 30%).
Texas modified comparative fault laws have a 51 percent bar. If you are 51 percent or more at fault for the cause of the car accident, you cannot receive any compensation for your injuries.
In the case of a serious car accident, your damages could be substantial. A ruling of 52 percent fault could mean that you receive no money for your injuries. Injuries in a serious car crash might include:
- Traumatic Brain Injury
- Multiple Fracture
- Spinal Cord Injuries
- Chest Injuries
- Damage to Internal Organs
- Back Injuries
- Wrongful Death
If an insurance company tries to blame you for the cause of the crash, contact an attorney immediately. The insurance company may attempt to use the state’s modified comparative fault laws to undervalue or deny a valid claim. You need experienced help to fight the insurance company for the compensation you deserve.
Common Causes of Rear-End Crashes in Houston
There are many reasons why a rear-end accident may happen. Some of the common causes of rear-end accidents include:
- Distracted Driving
- Drunk Driving
- Following Too Close for Conditions (Tailgating)
- Drowsy Driving
- Reckless Driving
- Traffic Congestion
In most cases, the cause of a rear-end crash is human error. Even during poor weather conditions, a driver needs to take steps to avoid an accident, such as allowing more room to stop. The same applies when a person is driving in congested traffic.
Drivers have the responsibility and duty to adjust their driving behaviors as conditions change to avoid causing a wreck.