Getting into one car accident is stressful enough, but what if you’re still recovering from that accident and then get hit again? Unfortunately, this situation happens in Texas more often than people think. If you’re injured in a second crash before finishing treatment for the first, things can get complicated, but it doesn’t mean you’re without options.

Here’s what you need to know about how multiple car accidents close together can affect your personal injury claims, medical treatment, and potential settlement in Texas.

How Multiple Car Accidents Complicate Settlements

When you're hurt in a second accident while still healing from the first, several key questions will come into play:

• Did the second crash make your injuries worse?
• Which crash is responsible for which injuries?
• Are you now dealing with new injuries or an aggravation of the previous ones?

These questions and others are critical because they influence things like who pays for your treatment, how your claim is valued, and whether one or both insurance companies may try to deny or reduce your payout.

Unfortunately, a common tactic some insurance companies use as a way to reduce their settlement is to point to a victim’s previous medical history and blame the new injury on that. Insurance companies may argue that the first accident caused your pain, not the second. Or, that your injury is not as severe as claimed because you already had it. The best way to fight back from these tactics is to contact a Texas personal injury attorney right away.

An experienced Austin car accident attorney can work to effectively divide liability between the two crashes and communicate with your doctors to clearly document the timeline and impact of each accident. Moreover, they’ll negotiate with both insurance companies on your behalf and prevent one insurer from unfairly blaming the other—or you! As part of their negotiation efforts, they may point to the eggshell skull rule.

What to Know About the Eggshell Skull Rule

In Texas, we have what is called the “eggshell skull rule” to protect victims in instances like these. If you are recovering from a previous accident or have pre-existing conditions, the eggshell skull rule is in place to protect you, especially when a car accident aggravates or worsens injuries.

The rule states that a defendant must take a victim as they find them. This means if a person has a pre-existing condition or is more vulnerable to injury because they are still recovering from a previous crash, the defendant is still fully responsible for all resulting harm—even if the injuries are more severe than what would typically be expected. In other words, a defendant cannot avoid liability just because the victim was unusually fragile. For repeat accidents, this can be critical case law.

Contact Us at McKinney Vos with Questions

If you get into a second car accident before finishing treatment from a previous one, your case will be more complicated, but it won’t be hopeless. To protect your health and case, seek medical attention immediately and contact an attorney who understands how to untangle complex injury claims.

Get in touch with our compassionate Texas car accident team today for a free case review and let us fight to get you the compensation you deserve.