Experienced San Antonio Rear-End Accident Lawyers
We can demand the money you deserve in Bexar County, Texas
Perhaps the most common type of car accident is a rear-end accident. Because rear-end collisions often occur, many people assume that such car crashes are minor and not that serious.
We know the truth. We know that rear-end collisions often result in serious injuries, including concussions and whiplash. That’s why it’s critical that rear-end injury victims fully understand the legal options available to them.
Our San Antonio rear-end accident attorneys at The Herrera Law Firm can help you every step of the way. We know how to investigate these types of accidents and what evidence to look for. We understand how the legal system works in Texas. That’s why we have such a strong track record of success. Experience matters – and so does your rear-end accident.
Why do rear-end accidents happen?
Most rear-end collisions occur because the driver in back was doing something they should not have been doing behind the wheel. This often includes:
- Distracted driving, such as using a cellphone, eating, or looking up directions.
- Texting while driving, whether it’s a rear-end accident at an intersection, a red light or a high-speed rear-end collision on a highway.
- Speeding, especially on highways when drivers tailgate and don’t have enough room to slow down to avoid a rear-end crash.
- Drunk driving or driving under the influence of drugs.
- Tired driving or falling asleep at the wheel, especially in cases involving rear-end highway accidents at night.
What are common rear-end accident injuries?
Injuries sustained in rear-end collisions can cover a wide range. Due to the violent forward and backward motion often caused by many rear-end crashes, common injuries include:
- Whiplash, a type of neck injury that be very painful and injure soft tissue, nerves, muscles or ligaments in the neck.
- Concussions and other types of traumatic brain injuries (TBIs).
- Back injuries, including spinal cord injuries.
- Facial injuries, including cuts and lacerations to the face, especially if someone’s face hits the windshield or comes into contact with another part of the car during a rear-end collision.
- Broken bones (bone fractures).
- Internal injuries or bruises to the abdomen, stomach or shoulder caused by the seatbelt.
Who pays for my rear-end accident?
Texas has an at-fault car insurance system. In a rear-end accident, that usually means the rear driver (and their insurance company) must pay for the cost of the wreck.
This might sound simple. But even if another driver clearly caused your rear-end accident, be prepared for a tough legal battle. That’s because there are often thousands of dollars or significantly more at stake.
Who is at fault for a rear-end collision?
In most rear-end collisions, the driver of the trailing vehicle is presumed to be at fault for following too closely or not paying attention. Texas law requires drivers to maintain a safe following distance, and when someone hits the back of another car, it is usually strong evidence they didn’t leave enough space or time to stop.
However, there are exceptions. The lead driver can share fault if they suddenly slam on the brakes for no reason, have broken brake lights, reverse unexpectedly, or cut sharply into another lane and stop. Fault is usually proven with the police report, photos, vehicle damage patterns, skid marks, witness statements, and sometimes dashcam or surveillance vid
What should I do after a rear-end accident?
You need to know what to do if another driver crashed into the back of your car in San Antonio or another nearby city in Texas. Such steps include:
- Call the police and tell them you’ve been involved in a serious accident.
- If you or anyone else sustained an injury, ask the police to respond to your accident. If the other driver doesn’t want the police involved, don’t listen to them. Call 911 and ask the police to respond to your crash.
- If you are in pain or believe you’re injured in any way, seek immediate medical treatment.
- If you can safely do so, take pictures of the crash site before moving your vehicle.
- If someone saw your collision, get their name and phone number. Statements from eyewitnesses can strengthen your rear-end accident claim or lawsuit.
- Don’t talk about your accident with anyone at the crash site other than the investigating police officer. Anything you say could later be used to deny your injury claim.
- Schedule a follow-up doctor’s appointment as soon as possible. Many rear-end accident injuries take several days to develop, especially whiplash.
- Call a lawyer as soon as possible.
What is the average settlement amount for a rear-end collision?
Rear-end whiplash claims often settle anywhere from about $10,000 to $90,000, with many “average” cases landing in the $15,000 to $45,000 range. Less serious soft-tissue claims with short recoveries may resolve for a few thousand dollars, while cases involving herniated discs, nerve damage, or permanent limitations can push into six figures or more. It all depends on the severity and duration of symptoms, the need for injections or surgery, how much work you miss, and how clearly the other driver is at fault. The Herrera Law Firm can calculate and fight for every dollar you’re entitled to.
How long does it take to settle a rear-end collision?
There’s no fixed timetable, but there are some common patterns. Straightforward rear-end accidents with clear fault, minor injuries, and finished medical treatment may settle within a few months once records and bills are collected. Cases involving ongoing treatment, disputed injuries (such as lingering whiplash or back pain), or questions about fault often take longer (sometimes 9 to 18 months or more) because you generally don’t want to settle until you understand your long-term prognosis.
If negotiations stall or the insurance company insists on a lowball offer, filing a lawsuit can extend the timeline but also creates leverage and allows access to formal discovery (like depositions and subpoenas) that can strengthen your case. Our rear-end accident lawyers will usually aim to settle once your condition has reached maximum medical improvement or there is a solid picture of future treatment needs, so the settlement reflects both current and future losses.
How much does it cost to hire a San Antonio rear-end collision lawyer?
The Herrera Law Firm works on a contingency fee basis, which means you don’t pay upfront for our services. If there’s no recovery, we don’t get paid. Texas law generally gives you two years from the date of the crash to file a personal injury lawsuit based on a rear-end accident. Miss that statute of limitations and you usually lose your right to pursue compensation, no matter how strong your case might have been. Because it takes time to gather medical records, investigate, and negotiate with insurers, it is smart to contact a rear-end accident lawyer as soon as you have received initial medical care so they can protect evidence and make sure any lawsuit is filed on time.
How can a San Antonio car accident attorney help?
In a rear-end collision, the driver of the vehicle that crashes into the rear of the other vehicle is usually responsible for the accident. Proving that the other driver caused the crash can often be extremely complicated – even if your accident seems straightforward. At The Herrera Law Firm, our legal team works hard to investigate the circumstances surrounding every crash to make sure negligent parties are held accountable for their actions. We demand justice in every case.
As your car accident attorney, we will fight vigorously for your rights. We know how to investigate rear-end accidents, and we have the track record to prove it. We will leave no stone unturned in pursuit of justice.
A rear-end collision does not have to occur at high speeds to lead to serious injuries. Even a rear-end accident at moderate speed can result in whiplash, a head injury, or other potentially serious injuries. Unfortunately, insurance companies often try to downplay the severity of a rear-end crash.
Don’t let them push you around. Get an experienced San Antonio car accident lawyer from the Herrera Law Firm to take on your rear-end collision claim, and let our legal team help you get the compensation you deserve. Contact us and schedule a free consultation with a San Antonio rear-end accident attorney you can count on in a crisis.