Who Pays for Rear-End Collisions?

Texas follows a fault-based system for car accidents, which means the driver responsible for causing a rear-end collision is generally liable for the damages. Pertaining to this, determining liability is not always straightforward, and insurance companies may dispute fault or compensation.

If you have been involved in a rear-end accident, an experienced Texas car accident lawyer can explain how the state law applies to your case and help you recover maximum damages from the negligent driver.

Negligence and Liability in Rear-End Collisions

In most rear-end collisions, the driver who hits the vehicle in front is presumed to be at fault. Texas law requires drivers to maintain a safe following distance and remain in control of their vehicle at all times. If a driver fails to stop in time to avoid a collision, they are generally considered negligent.

In effect, Texas uses a modified comparative negligence rule, which means fault can be shared between drivers. If the driver in front contributed to the crash by making an abrupt stop without cause, failing to use turn signals, or having malfunctioning brake lights, they may share liability.

Insurance Coverage for Rear-End Collisions

Texas requires drivers to carry minimum liability insurance to cover damages in an accident. The state’s minimum coverage requirements under Texas Transportation Code Section 601.072 include:

• $30,000 per person for bodily injury
• $60,000 per accident for bodily injury
• $25,000 per accident for property damage

If the at-fault driver’s insurance policy does not fully cover the damages, the injured party may file a claim with their own insurer under uninsured/underinsured motorist coverage, if available.

Exceptions to Automatic Fault in Rear-End Collisions

While rear-end collisions are typically blamed on the driver who rear-ended another vehicle, exceptions exist. Situations where the front driver may be partially or fully at fault include:

• Sudden and unnecessary braking in moving traffic
• Intentionally “brake checking” another driver
• Driving with malfunctioning brake lights
• Reversing unexpectedly into another vehicle
• Stopping in a travel lane without hazard lights or warning

If evidence, such as dashcam footage or witness testimony, shows that the front driver’s actions contributed to the crash, liability may be divided between both parties.

Comparative Fault and Impact on Compensation

Under Texas Civil Practice and Remedies Code Section 33.001, Texas follows a modified comparative negligence rule. If an injured driver is found to be partially at fault for the crash, their compensation is reduced by their percentage of fault. If they are found to be more than 50 percent responsible, they cannot recover damages. Insurance companies often use this rule to dispute liability, making legal representation critical for injured drivers seeking full compensation.

Recoverable Damages in Rear-End Collisions

Victims of rear-end collisions in Texas may recover damages for:

• Medical expenses for injuries sustained in the crash
• Lost wages due to time off work
• Property damage to repair or replace the vehicle
• Pain and suffering, including emotional distress
• Rehabilitation costs for long-term injuries

If the at-fault driver was reckless, such as driving under the influence or engaging in road rage, punitive damages may also be awarded.

How an Attorney Can Help After a Rear-End Collision

Navigating a rear-end collision claim in Texas can be complex, especially when liability is disputed. An experienced car accident attorney can:

• Investigate the accident and gather crucial evidence, such as surveillance footage, accident reports, and witness statements
• Negotiate with insurance companies to seek fair compensation
• Challenge attempts to assign partial fault to the injured driver
• File a personal injury lawsuit if the insurance settlement is inadequate

Rear-end collisions may seem straightforward, but legal complexities can arise when proving fault and securing fair compensation. Anyone involved in a rear-end accident in Texas should seek legal guidance to ensure their rights are protected and they receive the compensation they are entitled to.

Frequently Asked Questions

Can I recover damages if I was rear-ended but my brake lights were not working?

Yes, but your compensation may be reduced under Texas’ modified comparative negligence rule. If the other driver was primarily at fault for the crash, you may still recover damages, but the percentage of fault attributed to your non-functioning brake lights could reduce your settlement or verdict.

What if I was rear-ended but I had to stop suddenly because of road debris or another hazard?

If you had to stop unexpectedly due to an unavoidable road hazard, liability may depend on whether the following driver maintained a safe distance. The at-fault party could be the driver who rear-ended you, the entity responsible for the hazardous condition, or even another driver who created the emergency situation.

Can I file a claim if I was rear-ended by a driver who had a sudden medical emergency?

If the at-fault driver suffered an unforeseen medical emergency, such as a heart attack or seizure, they might invoke the “sudden medical emergency” defense. However, if they had a known medical condition and failed to take precautions, they may still be held liable for your damages.

What if my vehicle was pushed into another car after being rear-ended?

If a rear-end collision caused a chain reaction, liability may be shared among multiple drivers. The initial driver who caused the crash is often held responsible, but insurance companies may investigate whether any other motorists contributed to the severity of the accident.

Can the driver who rear-ended me sue me for damages?

In rare cases, the driver who rear-ended you may try to claim that your actions caused or contributed to the accident. For example, if you made a sudden and unnecessary stop in moving traffic or reversed unexpectedly, they might argue that you share liability under Texas’ comparative negligence law.

What if I was rear-ended by a commercial truck or rideshare vehicle?

If you were rear-ended by a commercial truck, rideshare vehicle, or delivery driver, multiple parties could be liable, including the driver, their employer, or even a third-party maintenance company. Commercial policies typically have higher coverage limits, but these cases require thorough investigation to determine fault.

Can I recover damages if I was rear-ended by an uninsured driver?

Yes, but your options depend on your own insurance coverage. If you have uninsured/underinsured motorist (UM/UIM) coverage, you can file a claim with your insurer. You may also be able to pursue a personal injury lawsuit against the at-fault driver, though collecting compensation may be challenging if they lack assets.

Our Seasoned Texas Car Accident Lawyers Will Fight to Maximize Your Compensation

Trust Guss Injury Lawyers has built a reputation as a legal powerhouse in car accident litigation, fighting for victims across Texas and nationwide for over 30 years. With a perfect 10.0 AVVO rating, more than 1,400 five-star reviews, and a proven track record of success, we have what it takes to recover the highest possible compensation for our clients.

You pay nothing upfront—our fee comes only when we win for you. Let us put our experience, resources, and dedication to work for you today. To schedule your free consultation, call us 24/7 at 888-298-4070 or contact us online.