In a rear-end accident, the rear driver is often at fault, although the facts of the crash ultimately determine who is responsible. Texas law does not make that driver automatically responsible for every rear-end crash. A sudden lane change, unsafe stop, pileup, or another driver’s actions could affect who caused the collision and who must pay for the resulting losses.
The Texas Law Dog helps injured people sort through these questions while an insurance company investigates the claim. An Arlington car accident lawyer from our firm can gather evidence, examine how the collision happened, and challenge an attempt to place fault on you.
The Rear Driver Is Often Responsible, But Not Always
Many rear-end accidents happen because the second driver did not stop in time. The driver may have been following too closely, speeding, looking at a phone, or not paying enough attention to traffic. The Texas Law Dog can look at what both drivers were doing before the crash happened.
Texas Transportation Code § 545.062 requires a driver following another vehicle to maintain an assured clear distance between the vehicles. The driver must consider the speed of both vehicles, traffic, and road conditions when deciding how much space to leave.
That rule is important in many rear-end claims, but hitting someone from behind does not by itself settle the fault question. A Texas appellate court has specifically recognized that there is no Texas law making a driver automatically at fault just because that driver struck another vehicle from behind.
When the Front Driver May Share Fault
Sometimes, the actions of the front driver contribute to a rear-end collision. The Texas Law Dog examines the moments leading up to the crash instead of making assumptions based only on where the vehicles were damaged.
For example, fault may be disputed when the front driver:
- Cuts closely in front of another vehicle.
- Reverses into a vehicle behind them.
- Stops in a traffic lane without a clear reason.
- Has brake lights that are not working.
- Makes an unsafe lane change just before the crash.
These facts do not automatically make the front driver responsible. They are pieces of the larger picture. Statements from witnesses, video, vehicle damage, and other evidence may help show whether either driver had enough time and distance to avoid the collision.
More Than One Driver Can Be at Fault
Texas looks at what each driver did before the collision. The Texas Law Dog will review the crash and respond if an insurance company tries to place some of the responsibility on you.
Under Texas Civil Practice and Remedies Code § 33.003, fault can be divided among the people who contributed to the accident. For example, one driver could be 80% at fault, and another could be 20% at fault. Texas law also limits when a person can recover damages.
Under § 33.001, you cannot recover damages if you are more than 50% responsible. If you are 50% or less at fault, your share of responsibility reduces your damages.
Evidence Can Show Who Caused a Rear-End Crash
What happened in a rear-end collision may seem clear at first. Later, the drivers may give different accounts of the same event. This is why evidence matters when there is a dispute over fault.
The Texas Law Dog can collect and review information that helps show what happened before the vehicles made contact. Evidence may include photos, witness statements, police records, and other information that help show how each driver contributed to the accident.
Our Arlington personal injury lawyer will work to preserve time-sensitive evidence, such as surveillance footage, before it disappears.
Insurance Companies Investigate Fault Before Paying a Claim
A rear-end crash may look straightforward, but disagreements can still come up over how it happened. The Texas Law Dog knows that insurers may question speed, stopping distance, injuries, and whether both drivers share responsibility.
An adjuster may review driver statements, photos, the police report, medical records, and other evidence. The insurer may also request a recorded statement, so what you say about the crash and your injuries can matter.
Founding attorney Matthew E. Aulsbrook worked in the insurance industry and owned insurance agencies before becoming a lawyer. His background gives him insight into how insurers investigate claims and assess fault. Our firm can handle these communications while gathering evidence to support your claim.
Chain-Reaction Rear-End Crashes Can Make Fault Harder to Determine
A crash involving three or more vehicles raises another set of questions about who is at fault in a rear-end accident. The Texas Law Dog may need to determine which impact happened first and whether one driver’s actions pushed another vehicle into yours.
Multiple drivers may also share responsibility in a highway pileup. Vehicle positions, witness accounts, video, crash damage, and the timing of each vehicle’s impact can help piece together what occurred.
Fault and Damages Are Separate Parts of a Claim
Proving that another driver caused the accident is only one part of an injury claim. The Texas Law Dog gathers information showing the losses related to the crash. Damages in these cases may include medical bills, lost pay, reduced ability to earn money, property damage, physical pain, and other losses allowed by Texas law.
Medical records and bills can help connect treatment to the injuries from the crash. Pay records may show income that was lost while the person could not work. Repair estimates and photographs can document damage to the vehicle.
A dispute with the insurance company may continue even when there is little to question about who caused the crash. An adjuster could say that some medical care was unrelated to the accident or question certain expenses. Records from the crash and the person’s treatment can help address those issues.
You Usually Have Two Years to File a Texas Car Accident Lawsuit
Waiting too long to take legal action after a crash can affect your legal options, even when there is strong evidence showing who caused the accident.
Texas Civil Practice and Remedies Code § 16.003, a lawsuit for personal injury generally must be brought no later than two years after the date of the accident. The statute also sets a two-year deadline for wrongful death lawsuits, starting from the date of death.
Some cases can have different deadlines or notice requirements. The Texas Law Dog can determine how much time you have to take legal action based on the facts of your case.
Need Help Proving Who Is at Fault in a Rear-End Crash? Call Us
If you are trying to determine who is at fault in a rear-end accident, you do not have to rely on what an insurance adjuster tells you. The Texas Law Dog can review the evidence, explain how Texas rules apply, and discuss your options during a free consultation.
We represent injured people on a contingency fee basis, so there is no attorney’s fee unless we recover money for you. When an insurance company disputes fault or your damages, our team is prepared to stand up for you.
We don’t just bark, we bite. Contact us today to discuss the accident and your next steps. Se habla español, and we are available 24/7, including evenings and weekends.
