Do you know that rear-end collisions are the most common type of multi-vehicle accident in the United States? According to the Federal Highway Administration (FHWA), rear-end collisions make up nearly 30% of motor vehicle collisions nationwide.
You need to know what to do to protect your legal rights and financial interests after a rear-end crash—and this starts with knowing how liability is determined for these types of accidents. Our Houston auto accident lawyers provide a guide to rear-end collisions in Texas.
Causes of Rear-End Collisions in Texas
Every car crash in Southeast Texas requires a comprehensive investigation to determine exactly how it happened and why it happened. This is no different for rear-end accidents. It would be a mistake to assume that all rear-end collisions have the same underlying cause. Some of the most common reasons why these types of accidents happen include:
- Tailgating (following too closely);
- Speeding;
- Distracted driving;
- Drunk or drugged driving;
- Sudden reserving by the front driver; and
- Defective tail lights or brake lights on the front vehicle.
The Rear Driver is Not Automatically Liable in Texas
There is a common misperception that the rear driver is automatically that one at fault for a rear-end collision. However, that is simply not the reality in Texas. While it is certainly true that the rear driver is far more likely to be held legally responsible for this type of crash, the specific circumstances of the case always matter. Texas is a comparative negligence jurisdiction—each party to a motor vehicle accident is liable for their proportionate share of the blame.
For example, imagine that you were the front driver in a rear-end crash in Houston. You sustained $30,000 in total damages in the wreck. If an investigation reveals that the rear-end collision happened because the rear driver was speeding and distracted, you can hold them liable for the full extent of your damages—or $30,000. However, if an investigation reveals that you are partially at fault because your vehicle did not have working brake lights, your compensation will be reduced by your level of fault..
Rear-End Accident Compensation
Following a rear-end collision, you need financial compensation to pay your bills and support the people in your life. At the Kolodny Law Firm, our Houston car accident lawyers help rear-end crash victims fight to maximize their financial support. Compensation may be available for:
- Automobile repairs;
- Medical bills;
- Rehabilitative support;
- Lost wages;
- Pain and suffering;
- Disfigurement; and
- Disability.
Rear-End Accident FAQs
How Long Do I Have to File a Claim After a Rear-End Accident in Texas?
In Texas, the statute of limitations for filing a personal injury claim is generally two years from the date of the accident. This means you must initiate legal action within two years to preserve your right to seek compensation for injuries or damages. However, there are exceptions that may extend or shorten this period, so it’s important to consult a lawyer to understand your specific situation.
Should I Contact a Lawyer After a Rear-End Collision, Even If the Damages Seem Minor?
Yes, it is advisable to contact a lawyer after a rear-end collision, even if the damages appear minor. Minor accidents can still result in hidden injuries or complications that may not be immediately apparent. A lawyer can help you understand your rights, evaluate the potential for compensation, and guide you through the claims process to ensure you are adequately compensated for all damages.
What If the Other Driver Doesn’t Have Insurance?
If the other driver involved in the rear-end collision doesn’t have insurance, you have a few options. First, check if you have uninsured motorist coverage (UM) as part of your own auto insurance policy. This coverage can help pay for your medical expenses and damages.
If you don’t have UM coverage, you may still pursue a claim through your own health insurance or other personal resources. Additionally, you could explore filing a lawsuit against the uninsured driver directly, though collecting damages may be challenging if they lack insurance and resources. Consulting with a lawyer can help you navigate these options effectively.
How Is Liability Determined in a Rear-End Collision in Texas?
Liability in a rear-end collision in Texas is not automatically assigned to the rear driver. Texas follows a comparative negligence system, meaning that fault is assigned based on the specific circumstances of the accident. Both parties may share some degree of fault.
For example, if the rear driver was speeding and the front driver had faulty brake lights, liability could be split. This means that the amount of compensation you can receive may be reduced by your percentage of fault in the accident.
Contact a Houston Rear End Collision Lawyer for a 100% Free Consultation
At the Kolodny Law Firm, our team of the best car accident lawyers in Houston have the skills, knowledge, and experience to handle rear-end collision claims. If you or your loved one was hurt in a rear-end crash, we are more than ready to help.
Call us now or contact our legal team online for your free, no-obligation consultation. We represent car accident victims in Houston, Harris County, and beyond.
Related Reading
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Where to find our Houston office
Alan Kolodny is committed to representing injured clients in Texas and throughout the United States. Alan earned his B.A. from Rice University and his J.D. from Southern Methodist University.
He focuses his practice on representing plaintiffs in personal injury cases involving the following matters: maritime and offshore accidents, including those under the Jones Act; automobile and 18-wheeler truck accidents; and industrial site accidents, work-related accidents, and claims for injured railroad workers under the Federal Employers’ Liability Act.
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