How to Prove Liability in a Rear-End Collision in Texas
Being in a rear-end collision caused by another driver can leave you shaken, badly injured, and unsure of what to do next. It can be incredibly difficult to deal with severe neck pain, back injuries, or other trauma while trying to navigate medical appointments, car repairs, and insurance claims.
When it comes to proving liability in your rear-end collision case, there are several key pieces of evidence that can strengthen your claim:
- The police report filed at the scene
- Photographs of vehicle damage and the accident scene
- Medical records that document your injuries and treatment
- Witness statements from people who saw the collision occur
- Video footage from nearby security or traffic cameras
- Documentation of lost wages and other expenses related to the accident
- Expert testimony from accident reconstruction specialists
Don’t try to handle this complex legal process on your own while you’re trying to recover. The experienced attorneys at Grimes & Fertitta understand Texas liability laws and know how to build a strong case that will help you get the compensation you need to recover. Call us today at 713-224-7644 or contact us online for a free consultation about your rear-end collision case, and let us fight to get you the compensation you deserve.
1. Obtain the police report filed at the scene
When you’re involved in a rear-end collision in Texas, always call the police, even if the damage seems minor. A police report serves as an official, unbiased document that establishes key facts about your accident.
The responding officer will gather insurance information, interview witnesses, note road conditions, and document any traffic violations. They may also issue citations, which can be crucial evidence if the other driver was texting, speeding, or violating other traffic laws.
Many insurance companies consider police reports to be one of the most reliable forms of evidence when determining fault. A Houston car accident lawyer can help you request a copy of your police report as soon as possible and review it carefully for accuracy. If you notice any errors, contact the police department promptly to request corrections. Inaccurate details, even minor ones, could affect your ability to prove liability later.
2. Take photographs of vehicle damage and the accident scene
When proving fault in rear-end accidents, take extensive photos of both vehicles immediately after the accident, before anything is moved — as long as it is safe to do so. Focus particularly on the point of impact; in rear-end collisions, the pattern of damage can tell a clear story about speed and angle of impact. Capture close-up shots of all damage as well as wide-angle views showing the relative positions of both vehicles. Don’t forget to photograph any debris on the road, skid marks, or damaged guardrails.
Weather conditions, traffic signals, and road signs are also important elements to document. Many drivers don’t realize that photos of the surrounding area can help establish important context about visibility, traffic patterns, and road conditions. Take more photos than you think you need — you can’t go back and capture these details later, and seemingly minor details could become important as your case develops.
Continue reading: What to do if you’ve been hit by a truck
3. Keep medical records that document your injuries and treatment
Under rear end collision Texas law, you should seek medical attention immediately after your accident, even if you feel your injuries are minor. Rear-end collisions often cause injuries that worsen over time, particularly whiplash and other soft tissue injuries.
Keep detailed records of every medical visit, including emergency room care, follow-up appointments, physical therapy, and any specialist consultations. Save all bills, prescriptions, and treatment plans.
Additionally, you can create a daily log documenting your pain levels, limitations, and how your injuries affect your daily life. This documentation helps establish the full impact of your injuries and can be particularly valuable if your recovery takes longer than expected. Insurance companies often try to minimize soft tissue injuries, but comprehensive medical documentation makes it harder for them to dispute the severity of your condition.
4. Record witness statements from people who saw the collision occur
A good car accident lawyer will help you gather contact information from all witnesses while still at the accident scene. Independent witnesses can provide valuable testimony about the other driver’s behavior before the collision, such as whether they were using a phone or driving erratically. Their unbiased accounts can be particularly valuable if the other driver disputes liability or their insurance company tries to claim you contributed to the accident.
Act quickly to secure witness statements while memories are fresh. Written statements are good, but recorded or videotaped statements can be even more compelling. Ask witnesses to be specific about what they saw, including details about vehicle speeds, weather conditions, and any evasive actions taken. Even witnesses who only saw the aftermath can provide valuable testimony about road conditions or statements made by the other driver.
5. Request video footage from nearby security or traffic cameras
Following a rear-end collision, survey the accident scene for potential video sources immediately. Look for traffic cameras, business security cameras, ATMs, and even doorbell cameras on nearby homes. Many surveillance systems automatically delete footage after a short period, so time is critical. We know this step can seem daunting, but a good car accident or premises liability attorney in Houston can help you send preservation letters to businesses and property owners to ensure valuable footage isn’t lost.
Video evidence can be particularly powerful in disputes about sudden stops or lane changes. While a rear driver is typically presumed at fault, there are exceptions. Clear video evidence showing your driving pattern before the collision can help defeat claims that you contributed to the accident through sudden braking or other actions.
6. Document lost wages and other expenses related to the accident
Keep meticulous records of all time missed from work, including partial days for medical appointments. Request a detailed letter from your employer documenting your regular wages, overtime rates, missed opportunities for bonuses or promotions, and any paid time off you had to use. If you’re self-employed, gather past tax returns and business records to establish your typical earnings.
Don’t overlook indirect financial impacts. Document costs for transportation to medical appointments, modifications to your home or vehicle, hired help for tasks you can’t perform, and canceled travel plans. These seemingly minor expenses can add up to significant amounts over time. Save every receipt and create a spreadsheet tracking all accident-related expenses — this organization will strengthen your claim for full compensation.
7. Request expert testimony from accident reconstruction specialists
In complex rear-end collision cases, an accident reconstruction expert can use scientific principles to demonstrate exactly how the collision occurred. These experts analyze vehicle damage, road conditions, skid marks, and other physical evidence to create detailed reports and diagrams. They can calculate vehicle speeds, determine impact angles, and explain the physics of the collision in terms that insurance adjusters and juries can understand.
Expert witness testimony becomes particularly valuable when dealing with chain-reaction collisions or when there are disputes about sudden stops or mechanical failures. While hiring an expert adds to the cost of pursuing your claim, their testimony can be the difference between a denied claim and a full settlement. A good accident reconstruction expert can also help identify additional factors that contributed to the collision, such as poor road design or inadequate signage, potentially bringing in additional liable parties.
Rear-end collisions in Texas — FAQs
What is the law on rear-end collisions in Texas?
In Texas, rear-end collisions fall under negligence law, where the plaintiff must prove the defendant failed to exercise reasonable care while driving. Texas follows a modified comparative fault system, which means you can recover damages as long as you’re not more than 51% at fault for the accident.
How is fault determined in a rear-end collision?
Fault in a rear-end collision is determined by examining evidence including police reports, witness statements, vehicle damage patterns, and any available video footage of the accident. Insurance companies and courts will look at factors such as following distance, speed, road conditions, and whether drivers were following traffic laws at the time of the collision.
Are you always at fault in a rear-end collision in Texas?
While the rear driver is typically presumed to be at fault in Texas rear-end collisions, there are countless exceptions to this general rule. The front driver could be partially or fully at fault if they were driving recklessly, made an unsafe lane change, reversed suddenly, or had non-functioning brake lights.
Need help proving liability in a rear-end collision accident? Call Grimes & Fertitta.
Whether you were the rear driver or the car in front, if you’re fighting to prove liability in a rear-end collision in Texas, you need an experienced attorney who understands the complexities of collision cases and knows how to gather compelling evidence by your side.
Our skilled legal team at Grimes & Fertitta will investigate every aspect of your accident, from securing video footage to consulting with accident reconstruction experts, ensuring you have the strongest possible case for compensation.
Don’t wait to get help — call 713-224-7644 or contact us online today for a free consultation and let us fight for the compensation you deserve.
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- How Catastrophic Injuries Differ in Personal Injury Cases
- Can You Sue the Government for Negligence?
- Legal Options After a Rideshare Accident in Texas
- Can I Sue My Insurance Company for Emotional Distress?