Who Is At Fault in a Rear-End Accident in Texas?

Who’s legally at fault for a rear-end accident in Texas?

You might assume the rear driver is always at fault because they’re usually the ones who didn’t maintain a safe distance while following the lead car. In most cases, you would be right. However, not every rear-end collision case is so clear-cut. There are situations where the lead driver could share or even bear full responsibility for the crash.

Having a lawyer review the specifics of your case is a smart first step. They can help uncover details you might have missed and determine where the liability truly lies. Plus, they can assist you in pursuing the compensation you deserve. 

If this resonates with you, we encourage you to schedule a free consultation with an expert lawyer from No Bull Law to understand your legal options after a rear-end accident.

Otherwise, let’s dive into when the rear driver is responsible (or not) for rear-end accidents and how fault is determined in these cases.

Are You Automatically at Fault If You Crash Into Someone From Behind?

No, you’re not immediately at fault if you rear-end someone. However, the chances that you are culpable are much higher if you were responsible for the following:

• Going above the speed limit
• Tailgating (i.e., not keeping a 3-second following distance)
• Driving while texting or multitasking
• Driving under the influence

People often assume the rear driver is at fault because they’re required to maintain a safe distance between vehicles, as per Texas Transportation Code § 545.062. This means the rear driver must adjust their speed and vehicle position, and consider road conditions to ensure they can stop safely without hitting the vehicle ahead

A lawyer can challenge this assumption of fault, however. While it's not a common occurrence, the lead driver can be held responsible for a rear-end collision. 

When Is the Lead Driver Responsible for Rear-End Accidents?

To prove that the lead driver was partially (or completely) responsible for the rear-end collision, a lawyer has to demonstrate that the lead driver affected the rear driver's ability to react properly — such as engaging in the following actions:

• Making a sudden lane change into a tight space, forcing the driver behind to brake abruptly.
• Deliberately braking hard to provoke the driver following them (commonly known as “brake-checking”).
• Operating a vehicle with malfunctioning brake lights, hindering the rear driver's ability to anticipate stops.
• Cutting off another vehicle, leading to a collision with the rear driver.
• Failing to use a turn signal when merging or making a turn. 
• Driving while distracted and stopping unexpectedly.
• Reversing the car without checking the area behind them.
• Driving slower than the minimum speed limit on interstates or highways 

These are just some of the instances in which the lead driver could be considered at fault. Since every car accident case is unique, it’s a good idea to consult an experienced attorney to assess who is liable for the auto accident in your particular situation.

Who Is At Fault in a Multi-Car Pile-Up?

Most of the time, the driver who caused the initial collision is deemed at fault for the pile-up.

However, other drivers could share the blame if they failed to keep a safe following distance or acted recklessly. Here’s an example of a situation where all parties involved bear some degree of responsibility:

• Driver 1 slams on the brakes suddenly due to an obstacle on the road.
• Driver 2 is following too closely and crashes into Driver 1. 
• Driver 3, who is speeding, crashes into Driver 2, pushing into Driver 1.

Since multi-vehicle pile-ups can be complex, all factors must be carefully reviewed, such as speed, road conditions, reaction time, etc., to determine who is at fault.

What Are the Reasons Behind Rear-End Accidents?

Regardless of whether the rear driver or lead driver is at fault, there are some common contributing factors that increase the likelihood of a rear-end accident. These include:

• Distracted driving: The front or rear driver is distracted by texting, talking on the phone, eating, adjusting the radio, or engaging in other activities that take their attention away from the road.
• ‍Speeding: Both drivers are driving at excessive speed, making it difficult for the rear driver to stop quickly, even with a safe following distance.
• ‍Reckless driving: The drivers could be responsible for aggressive maneuvers, abrupt lane changes, inadequate signaling, and other actions that could lead to a rear-end collision.
• ‍Brake malfunction: Lock-ups in the lead vehicle’s braking system may lead to sudden and unexpected stops, making it difficult for the rear driver to avoid a collision. Alternatively, the brakes could fail to engage in the rear driver's car, leading to the accident.
• ‍Road conditions: Uneven surfaces, potholes, construction areas, debris, etc., could cause drivers to brake unexpectedly or lose control. 
• ‍Weather: Poor visibility due to fog, wet roads, or icy surfaces can reduce stopping distance, increasing the likelihood of a rear-end crash.

While understanding the factors that led to the accident is important, it doesn’t paint the entire picture. There’s more involved in assigning liability for driving accidents.

How Is Fault Determined for Rear-End Accidents?

As we mentioned earlier, establishing fault isn’t always straightforward in rear-end accidents. However, reviewing key evidence can help determine who was responsible for the collision. 

Let’s look at the types of evidence you need in order to assign fault:

• Police reports: These include details such as circumstances of the accident, statements from those involved, witness accounts, and the officer’s observations. It may also include citations issued, traffic violations, and the officer’s determination of fault.
• ‍Witness statements: These statements can provide a neutral perspective on how the crash happened, what actions the drivers took, and any other relevant information, such as road or traffic conditions.
• ‍Photographic evidence: Photos of the accident scene that show any visible damages, skid marks, and traffic signs or signals. These images can be used to establish the cause of the crash.
• ‍Vehicle damage assessments: These assessments help determine the point of impact and the severity of the collision. They also provide insight into the speed and force of the crash, which can be crucial in establishing fault.
• ‍Medical records: Documentation from healthcare providers details the injuries suffered by those individuals involved in the accident. This can be used to show the physical impact of the crash.

Alongside evidence, negligence also plays a crucial role in determining fault in rear-end collisions. 

But what is negligence?

Negligence occurs when someone does not exercise proper care, causing damage or injury to another individual. Some negligent actions, such as tailgating, driving under the influence, and speeding, can be the primary reason for an accident.

Proving the other party’s negligence can be used to eliminate any blame on your part. 

After reviewing evidence, however, both drivers involved in a rear-end car accident could be found negligent to some extent.

In this situation, Texas’s modified comparative negligence rule applies, which means that each driver’s compensation is reduced based on their percentage of fault. For example, if it’s determined that one driver is 35% at fault and the other is 65% at fault, the compensation of the less at-fault driver will be reduced by 35%.

Who Determines Fault in Rear-End Accidents?

In Texas, fault in a rear-end collision could be established by the following parties:

• Law enforcement officers: They assess the scene, interview witnesses, and issue citations to the driver they believe is responsible for the collision. Their report can heavily influence the determination of fault, although it’s not the final word.
• ‍Insurance adjusters: They conduct their own investigations, which may involve reviewing the police report, examining vehicle damage, and analyzing statements from both drivers and witnesses. Their findings impact the final compensation amount.
• ‍Courts: If a lawsuit is filed or the parties cannot reach a settlement, a judge or jury will ultimately determine fault based on the evidence presented.

Keep in mind that insurance adjusters may try to assign a percentage of the blame to you in order to reduce the payout (as per the comparative negligence rule).

Here’s where having a skilled personal injury lawyer to represent you plays a critical role. They can piece together all the evidence to prove you were less at fault. They can ask the insurance company to reconsider your percentage of liability and argue to maximize your compensation. 

You can then use that settlement amount to cover damages you’ve incurred as a result of the crash.

What Are the Damages Involved in Rear-End Accidents?

Based on the circumstances, an attorney could help you seek compensation for various accident-related losses after a rear-end collision. Let’s take a closer look:

1. Economic Damages:

These account for the monetary losses you’ve suffered or will suffer due to the accident, such as:

• Medical expenses: This includes the cost of treating injuries through emergency room visits, hospital stays, surgeries, medications, disability devices, doctor visits, and any future medical procedures.‍
• Property damage: This includes car repair or replacement expenses and the cost of replacing damaged personal belongings (phones, watches, glasses, etc.).
• ‍Lost wages: This includes immediate loss of income such as salary, bonuses, and other benefits you would have received if you didn’t have a car accident injury. This also covers any future earnings that you might miss out on if your ability to work is compromised.

2. Non-Economic Damages:

These refer to emotional and physical losses that don’t directly affect your finances but still have a profound and lasting impact on your life. These damages include:

• Pain and suffering: The physical pain and discomfort caused by injuries.‍
• Emotional distress: Anxiety, depression, or trauma triggered by the accident.
• ‍Loss of quality of life: The inability to enjoy activities or experiences you once enjoyed, such as sports, hobbies, or travel.

3. Punitive Damages

In rare situations, your rear-end car accident case might go to trial. If a jury finds the at-fault driver’s conduct malicious or grossly negligent, the jury may award you punitive damages. These damages are meant to punish at-fault drivers for their gross negligence and deter similar actions in the future.

It can be quite difficult to determine these losses as there is no set formula. Plus, it’s hard to pin down a value on non-economic damages since they are subjective. 

A car accident lawyer would have seen thousands of similar cases and can determine the true value of damages, which is why getting a lawyer’s aid can be invaluable in ensuring you get fair compensation. 

How Can a Car Accident Attorney Help with Your Rear-End Accident Case?

A car accident attorney can guide you through the challenges that come after a rear-end collision. They handle all the tedious paperwork and various legal processes so you can focus on getting your life back on track. 

Here’s what they do once they take up your car accident case:

• Gathering evidence like police reports, medical reports, surveillance footage, etc.
• Working with accident reconstruction experts to review the scene and establish how the crash occurred and who was responsible.
• Analyzing traffic laws to prove that the other driver was negligent (e.g., not leaving enough space to stop.)
• Working with medical professionals to show how the auto accident has caused both short-term and long-term harm.
• Calculating economic and non-economic damages.
• Using evidence and building a strong case to prove you were less at fault.
• Initiating an insurance claim against the at-fault driver in order to seek compensation, ensuring all the details are in order.
• Negotiating with insurance adjusters to avoid lowball offers.
• Filing a car accident lawsuit and fighting for fair compensation if both parties can’t come to an agreement.

Looking for an attorney with expertise in Texas Law?

We can help!

Take Charge of Your Rear-End Accident Case with No Bull Law

We at No Bull Law know how overwhelming a rear-end crash can be, leaving you with more questions than answers. We’ll help you regain control of the situation and take your rear-end collision case by the horns. 

Here’s how we do it:

• Through our free consultation call, we give you honest advice right from the get-go.
• Our expert lawyers will start investigating your claim as soon as they get the details. 
• If we take your case, we’ll fight for a fair settlement—nothing less.

But what about the fees?

We operate on a contingency basis. If we don’t win your case, you pay nothing! Our fees and expenses are recouped from your final settlement, so there are no upfront costs. 

Ready to steer your case in the right direction?

Consult our car accident experts at our Texas law firm today!

2 FAQs About Rear-End Accidents

Here are a few more things you should know about rear-end collision cases:  

1. How Much Compensation Can You Get for Rear-End Accidents in Texas?

On average, settlements for rear-end collisions in Texas typically range between $9,000 and $40,000 for common injuries such as whiplash (soft tissue damage), bruises, fractures, etc.

However, if the accident resulted in catastrophic injury, such as brain damage or spinal cord injury, the settlement amount could be in six figures.

There’s a large swing in the settlement range as the actual amount depends on several factors, like the at-fault driver’s liability insurance coverage, the severity of the injuries, and property damage.

2. What Happens When Neither Driver Is Responsible for a Rear-End Accident?

There are several scenarios where neither driver is considered at fault. Here’s what typically happens in those situations:

• Construction work: If an unavoidable accident happens due to a road hazard, the construction company might be held responsible for not keeping the work zone safe or failing to warn drivers properly.
• ‍Manufacturing defect: If a manufacturing defect causes the driver to lose control and rear-end a vehicle, the car manufacturer may be responsible for the resulting damages. A personal injury lawyer needs to demonstrate that the defect posed an unreasonable safety risk and that the manufacturer failed to take appropriate steps to address the issue.
• ‍Weather conditions: Even if bad weather contributed to an unavoidable accident, the actions of both drivers would be evaluated to determine their respective percentages of negligence.
• ‍Municipal governments: If a municipal body fails to address known hazards or does not perform adequate road maintenance, you can hold them liable for driving accidents. However, bringing a claim against the government is a very difficult procedure filled with administrative hurdles.

In these cases, you should consult a lawyer to understand the way forward.