In rear end collisions, there is generally only one person at fault, at least by 51%: the driver who did the rear-ending. So, in most cases in Texas, the driver who does the rear-ending is going to end up with their insurance company covering the costs and them being liable for further damages.
If you’ve been rear-ended and the other driver was at fault, it’s crucial to collect information about the driver at the scene. You can follow the link to learn more about the steps you need to take after a vehicle accident. You will need any evidence you can collect if you need to prove fault in court.
Texas vehicle accident liability laws fall under the category of “comparative fault,” whereby each driver is liable based on the percentage by which they were responsible for the crash. In this state, If one driver is determined to be more than 51% at fault for the accident, that driver is not eligible to receive any compensation from liability damages.
What are the laws regarding rear-end accidents in Texas?
Any car accident is a huge pain to deal with. Even if no one is hurt, damage to one car or another can open you up to liabilities and lengthy civil suits. In 2019, the Texas Department of Transportation’s Motor Vehicle Traffic Deaths report estimated that vehicle accidents caused over $39 billion in damages. Even more troubling were the 3,610 lives lost in the same year in Texas due to car accidents.
Before you get behind the wheel of a car in Texas, you are legally obligated to carry insurance. This insurance will, by law, carry a minimum coverage limit of $25,000 in property damage and $30,000 in bodily injury per person, or $60,000 in bodily injury per accident. This is the bare minimum, and your insurance coverage may go higher.
What kind of follow-up should I do if I’ve been rear-ended?
If you have been rear-ended, and particularly if there has been some substantial damage to your person or vehicle as a result of the accident, you should contact a personal injury lawyer who has handled cases like yours. They can give you some sense of what to expect and deal with the insurance companies. It is not a good idea to deal with the insurance company of the at-fault driver yourself.
Why? In short, the insurance company of the driver who is at fault is probably going to try to shortchange you on the settlement offer. If you get yourself a good attorney who deals with the insurance company directly, not only will you likely receive a higher settlement offer, you will also have a decent chance at a successful suit.
What should I do if I am the guilty party?
If you rear-ended someone in Texas, the possibility that you’ll be found liable is rather high. It is always a good idea to hire legal counsel to represent you if you find yourself on the wrong end of a civil lawsuit, because a case like this can drag on for months if not years.
There are ways that you and your attorney can put together a case to argue that you weren’t at fault:
- If the car that you struck stopped suddenly, in a move that is illegal on the road, you could make a case that you are less than 51% at fault, or even not at all at fault
- If the driver you struck drove erratically, swerved in front of you, you have a stronger case
- If the other driver was intoxicated, your case becomes quite a bit easier. However, even if the other driver is arrested for a DUI, you may still want to retain outside counsel to ensure that you can recover as much damages as possible.
- You may also be able to demonstrate a mechanical failure in the car, such as a sudden brake problem or electrical issue that rendered braking impossible
No matter who is at fault in an accident, your attorneys may still be able to negotiate a better deal for you. A lawyer will also be able to give you an accurate value of the damages so you won’t be left short of what you need to cover the bills.
There are many common misconceptions regarding fault in a rear-end collision. The truth is that determining blame is just as complex as it is in any other car accident. Instead of pondering your options, focus on the facts. Sutliff & Stout can tell you how the facts do or do not play in your favor.
As a premier Houston car accident lawyer, we have years of experience helping those involved in rear-end collisions understand their options and work for optimal case outcomes. In Texas, rear-end collision claims can be complex. Trying to navigate the process on your own may not result in as successful an outcome as you might like.
A rear-end collision is characterized by a car accident in which a vehicle crashes into the one in front of it. While some rear-end collisions are mere fender benders, others can be more serious causing serious injury.
One of the reasons determining who was at fault is vital is that vehicles have a responsibility to follow behind one another at a safe distance. Often, the assumption is made after a rear-end collision that the vehicle in the back was not doing so, causing the accident in question.
Reasons Why a Person May Not Be at Fault
There are a number of scenarios in which the person who rear ends another is not at fault. One or more of these reasons may be applicable in your situation.
1. Failure to Yield the Right of Way
When a driver fails to yield the right of way, they may pull out in front of you when it is your turn to turn or move forward on the road. For example, you are on a residential street and a driver backs out of a private driveway and does not notice you coming up the street. Maybe the driver doesn’t even check to see if there is oncoming traffic, and you rear end the driver as they back out. In this case, the person who rear ends the other is not to blame.
2. Cutting Someone Off or Merging Too Close
Cutting someone off or merging too close can create a complicated situation in which it’s difficult to assign blame if a collision occurs. In this situation, for example, if a driver is merging onto the freeway and pulls in front of you without leaving enough space for you to adjust your speed, the driver could be held responsible for the collision if you rear end them.
The driver merging or changing lanes should be able to safely anticipate the presence of other drivers. This is especially important in heavy traffic. But if there is plenty of space for the driver to safely merge and the other driver fails to pay attention and stop in time to adjust to the merging vehicle, the situation could be reversed, and in this case, the person who rear ends the other driver may be at fault.
3. Stopping Short or Failing to Maintain Speed
As previously mentioned, drivers who are being tailgated are sometimes tempted to pump their brakes to slow down the car behind them. That is not always the best idea, especially if the tailgater does end up rear-ending you. A jury of your peers may end up deciding that you stopped too quickly and find you at fault for causing an unnecessary accident.
This type of situation, where there may be reason to believe the rear-ended driver stopped short or failed to maintain speed, can often fall into the judgment of a jury. So while it may have seemed like a good idea to pump your brakes or slow down to get another driver to stop tailgating you, if an accident occurs, a jury could very well find that your actions were not reasonable and, thus, you may be held responsible for the collision.
On the other hand, if you rear ended a driver that abruptly stopped in a situation where there was likely no reason for the driver to stop, you may not be found at fault for causing the accident. In this situation, it’s important to use your own judgment to figure out if a jury could logically determine from the circumstances.
4. Conditions That Contribute to a Rear-end Accident
The common thread here is that while many rear-end accidents commonly result in a finding that the driver who caused the accident failed to stop in time for a variety of unsafe driving reasons, there are many other individual factors that can contribute to this type of accident that can demonstrate that the other party was in fact the negligent driver.
Some of the causes to be aware of include driver inattention, such as texting while driving, tailgating, driving intoxicated or under the influence of drugs, failure to drive safely in adverse weather conditions, road defects or a third-party driver driving unsafely, unforeseen obstructions in the road, mechanical failure such as faulty brake lights, and accidents caused by health conditions. The answer of who is at fault in a rear-end accident is never as black and white as many drivers have been led to believe.
Determining “Duty of Care” in Texas Car Accidents
It may be difficult to determine which driver failed to adhere to their “duty of care” on the road. As such, if you have been involved in a car accident, either as the alleged at-fault driver or as the victim, it is important to consult with an auto accident attorney before filing or settling a claim.
This is a crucial first step because the negligent driver’s insurance company will ultimately be responsible for compensating the other driver for their damages. Additionally, even if you think you are absolutely sure who is at fault, it never hurts to seek legal advice before you file a claim.
Claims adjusters are accustomed to seeing a variety of situations and can quickly discern if there is enough evidence to support your claim, so it is better to be safe than sorry by seeking an expert legal opinion. In many cases, the insurance company will try to arbitrarily reduce the amount offered to you or deny your claim altogether. In these situations, it is best to find a well qualified car accident lawyer to assist you with your claim.
How Do You Determine Who Is At Fault in a Rear-End Collision?
Texas is a comparative negligence state when it comes to car accidents, including rear-end collisions. This means that you are not automatically at-fault in Texas if you hit someone from the back. For example, if you engage in litigation in a rear-end collision, a jury may determine that one, both, or none of the drivers involved in the accident were negligent. Depending on the fault ratio assigned to each party, it may not be enough for you to collect damages from your case. Working with a Houston car accident lawyer can provide you with other options or at least let you know what to expect before the litigation process even begins.
Comparative negligence means that to win a judgment and subsequently collect damages against another entity in a rear end collision, a jury must determine that the other party was negligent. This is applicable no matter which part you played in the collision.
In some instances, the other driver may know they were culpable and attempt to claim an unavoidable accident defense. Such an approach might mitigate your ability to collect damages even if the accident was the other person’s fault. At Sutliff & Stout, we are well-versed in the various forms of defense and legal strategies that the other party may try to employ to avoid accountability.
How Can a Houston Car Accident Lawyer Help?
A skilled Houston car accident lawyer, like the team at Sutliff & Stout, can help you file a car accident claim and work to successfully negotiate or litigate to collect damages. Moreover, working with a car accident lawyer may also prove helpful when dealing with your insurance company. One of the biggest mistakes people make is assuming that because the adjuster is friendly and seems helpful, the company will do its part and pay your claim. This is not always the case. The last thing you want is to be surprised with the news that your insurance company has outright denied your claim, leaving you holding the bag financially.
Sutliff & Stout has years of experience in dealing with car insurance companies that have used every trick in the book to try to get out of paying out claims to insured drivers. So not only can we assist in filing a claim to determine fault and help you collect damages, but we may also be able to assist where your auto insurance company is concerned.
We will start with a comprehensive claim review to determine what avenues might be best for your situation. At this point, we will collect all the facts and supporting documentation associated with your claim. Throughout the process, we will keep you fully apprised of each step so that you are never in the dark about the decisions being made on your behalf.
Work with a Houston Car Accident Lawyer on Rear-End Collisions
Have you been involved in a rear-end collision and want to know your options? Determining who was at-fault may be more complex than you think. Working with reputable Houston car accident lawyers like the team at Sutliff & Stout can apprise you of your options.
We have helped countless clients successfully resolve rear-end collisions. We may be able to help you as well. Schedule a free case review today by calling us at (713) 987-7111 or reaching out online to learn more.