In Texas a driver is not automatically at fault for rear-ending someone. Although the driver who hit a car from behind is most often at fault, both drivers can be at fault. Sometimes neither driver is at fault, so rear-end collisions merit a closer inspection.
Examining Rear End Car Wrecks
Rear-end collisions are commonly caused by distracted driving such as illegally texting and driving, slow-moving cars, heavy traffic, reckless driving, stopping short to avoid hitting something, following too closely, bad weather, and poor road conditions. Rear-end accidents can involve two cars or several cars, depending on the speed and traffic conditions.
Texas is a fault-based car accident state. Fault in Texas is determined by who is responsible for the resulting car accident damages. Texas uses a concept called comparative negligence, which means that each party is responsible for their percentage of contribution to the incident and will pay that percentage of the losses accordingly. If a judge or jury finds the plaintiff, the one filing the lawsuit, 51% or more at fault, they will recover nothing.
If a judge or jury finds the plaintiff, the one filing the lawsuit, 51% or more at fault, they will recover nothing.
Failure to Control Speed and Rear End Accidents
Failure to control speed is a Texas traffic violation most often cited following a rear-end collision. Section 545.351 of the Texas Transportation Code, entitled “Maximum Speed Restrictions.” This codifies this violation by stating that a driver may not drive faster than is reasonable and prudent under the existing circumstances. The law requires Texas drivers to control their vehicle’s speed to avoid colliding with another person or vehicle already on or entering the roadway.
When the Leading Driver is At Fault
A leading driver (driver in front) can be found at fault for being rear-ended if the other party can prove the leading driver acted negligently, such as engaging in brake checking. If you were the driver in the rear and the other driver cut you off or pulled out in front of you, you could win a car accident lawsuit. Typically, the person’s car insurance will cover accident-related expenses, including lost wages, vehicle damage, medical expenses, and other related costs.
If you were involved in a rear end accident in Texas, the experienced Lubbock car accident lawyers at Liggett Law Group help. Our experienced attorneys are skilled in investigating Texas car accidents. We are here to discuss your rights and help you learn your legal options. Contact us today for a free consultation.