The Texas Rear-End Laws: What You Need To Know
Rear-end collisions are the most common type of car accident in the United States. Though often seen as minor “fender benders,” rear-end collisions cause many serious injuries and deaths each year, making fault determination key in traffic law and insurance claims.
While it’s easy to assume the car in the back is the one that caused the accident, that isn’t always the case. So, according to the Texas rear-end laws, who is at fault in a rear-end collision in Texas?
Here’s a simplified breakdown of fault in rear-end collisions:
- Rear driver is typically at fault: Following too closely, distracted driving, speeding, or failing to adjust for conditions
- Front driver potentially at fault: Reversing unexpectedly, brake-checking, or driving with broken brake lights
- Shared fault possible: Unsafe lane changes, abrupt stops without completing intended actions
- Third-party may be at fault: Actions of other drivers or unexpected road hazards causing sudden stops
The Houston car accident lawyers at Grimes & Fertitta are here to explain the Texas at-fault accident laws relating to rear-end accidents and tell you what to do if you are involved in a rear-end collision.
Continue reading about rear-end collisions or, if you or a loved one has been injured in a rear-end collision, call the experienced and aggressive personal injury attorneys in Houston at Grimes & Fertitta at 713-224-7644 today.
Texas rear-end laws
Texas traffic laws don’t specifically address rear-end collisions. However, several general traffic laws and legal principles apply to these accidents. A few concepts you should understand include:
- Duty of care: All drivers in Texas have a legal duty to exercise reasonable care while operating a vehicle. This includes maintaining a safe following distance and being attentive to road conditions and other vehicles. Failure to uphold this duty can be considered negligence.
- Following distance law: Texas Transportation Code § 545.062 requires drivers to maintain a safe following distance. The law states that a driver shall “maintain an assured clear distance between the two vehicles so that, considering the speed of the vehicles, traffic, and the conditions of the highway, the operator can safely stop without colliding with the preceding vehicle or veering into another vehicle, object, or person on or near the highway.”
- Comparative fault: Texas follows a modified comparative negligence rule (Texas Civil Practice and Remedies Code § 33.001). Under this rule, a person can recover damages if they are found to be 50% or less at fault for the accident. If they are 51% or more at fault, they cannot recover any damages. This law can significantly impact rear-end collision cases where fault may be shared.
Since the Texas comparative negligence system can be complicated, it’s important to work with experienced personal injury attorneys in Houston if you’re in a serious accident. You cannot count on the insurance companies and the courts to get things right, and without an attorney you might end up without the compensation that you need to recover.
Continue reading: Can you sue an insurance company for taking too long?
Who is usually at fault in a rear-end collision?
Is the person who rear-ends always at fault? No! Then, who is in the wrong in a rear-end collision? Liability in Texas is assigned based on negligence, so whichever driver fails to exercise reasonable care and causes the accident is at fault in a rear-end collision.
Rear driver is typically at fault
In most rear-end collision cases, the driver of the vehicle that rear-ends another car is considered at fault. This is because drivers are expected to maintain a safe following distance and be prepared to stop if the vehicle in front of them slows down or stops suddenly.
Common reasons for rear-driver fault include:
- Following too closely (tailgating)
- Distracted driving (such as texting while driving)
- Speeding
- Failing to adjust driving behavior for weather or road conditions
Front driver potentially at fault
While less common, there are situations where the front driver may be held partially or fully responsible for a rear-end collision. This can occur if the front driver reverses unexpectedly, intentionally slams on their brakes to aggravate the rear driver (known as “brake-checking”), or operates a vehicle with broken brake lights, making it difficult for the rear driver to anticipate stops.
Shared fault possible
In some cases, fault may be shared between both drivers involved in a rear-end collision. This can happen when one driver makes an unsafe lane change, cutting off another driver who then rear-ends them. Another example is when a driver stops abruptly to make a turn but fails to complete the intended action, surprising the driver behind them.
In Texas, the modified comparative fault rule may apply in these situations, affecting how damages are awarded.
Third-party may be at fault
Occasionally, a third party not directly involved in the collision may be held responsible. This can occur when the actions of another driver cause a chain reaction, leading to a rear-end collision. For instance, if a driver swerves into another lane, causing the car in that lane to brake suddenly, and the car behind rear-ends them as a result.
Unexpected road hazards, such as debris falling from a truck or sudden road damage, can also lead to sudden stops and rear-end collisions, potentially placing fault on the party responsible for the hazard. Occasionally, even auto manufacturers (in the case of injuries like airbag burns) can be found culpable for accidents and injuries.
What to do if you are rear-ended in Texas
Whether you’ve rear-ended someone or someone has rear-ended you, the steps for what to do after a car accident are essentially the same.
- Call the police. Having a police report on file will help your personal injury case, and will ensure that medical attention arrives on the scene as soon as possible.
- Wait for medical attention if you need it. If you are not hurt, assess the injuries of anyone else who has been involved in the accident and let the 911 dispatcher know that you need an ambulance.
- Gather evidence while you wait. If you are not too hurt to do so, and no one on the scene needs your immediate attention, you can begin to gather evidence. This can include:
- Photos and videos of the scene
- The contact, license plate, and insurance information of all drivers involved
- Eyewitness testimonies and contact info for witnesses
- Contact a winning Houston personal injury attorney. You may be able to get a minimal settlement from the insurance company, but without proper representation, you have little chance of getting what you need in civil court. Either way, working with an experienced car accident lawyer is always recommended to make sure that you get what you truly deserve. Additionally, after the accident, you will want to gather:
- Medical bills and documentation
- Doctor’s notes
- Any documentation related to injuries, treatments, physical therapy sessions, or diagnoses
- A copy of the police report or any documentation of communication with the police
- Documentation of any communication with the other drivers
- Documentation of any communication with the insurance company
Once you have received the medical care that you need, you can work on getting the documentation you need for a successful car accident claim. The more information your personal injury attorney has to work with, the better chance they have of proving fault in your accident claim. So, when in doubt, document.
Involved in a rear-end accident in Texas? Grimes & Fertitta knows Texas rear-end laws inside and out!
While Texas rear-end laws are not always straightforward, working with an accomplished personal injury attorney can make sure that you are taken care of after being in a serious rear-end collision.
Whether you need an attorney for a rear-end collision or a Houston 18-wheeler accident lawyer for an accident caused by a jackknifed truck, the attorneys at Grimes & Fertitta are here for you. We give each client the personal attention that is required to understand their case and set their mind at ease. We know that each claim is as unique as the person filing it, and we will fight to get our clients what they deserve.
Call Grimes & Fertitta today at 713-224-7644 or contact us online for a free consultation.
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