Determining Who Is At Fault In A Rear End Collision
In rear-end accidents, the driver who hit a car from behind is most often at fault, so determining who is responsible in a rear-end collision can be fairly straightforward; however in Texas, both drivers can be at fault and/or neither driver can be at fault, so rear-end collisions merit a closer inspection.
Fault-Based and Comparative Negligence
Texas is a fault-based car accident state, meaning that fault determines who is responsible for the resulting damages caused by an auto wreck. Thus, a driver is not automatically at fault for rear-ending someone in Texas. Our state also 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.
Failure to Control Speed
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,” codifies this violation by stating that a driver may not drive faster than is reasonable and prudent under the existing circumstances and requiring drivers to control their vehicle’s speed to avoid colliding with another person or vehicle already on or entering the roadway.
Rear-end accidents can involve two cars or several cars, depending on the speed and traffic conditions. An experienced personal injury lawyer will know how to prevent a responsible driver from successfully lodging defenses against rear-ending you, such as alleging it was an unavoidable accident or a sudden emergency. A leading driver (driver in front) can be found at fault for being rear-ended if the other party can prove they acted negligently.
Rear-End Collision Injuries
Rear-end collisions happen more than any other type of car accident in the United States and account for 29 percent of all car crashes, according to the National Highway Traffic Safety Administration. According to the National Safety Council 2.5 million rear-end collisions are reported every year.
Rear-end accidents can cause injuries even when occurring at low speeds. If you are struck from behind in an auto accident, you should seek medical treatment right away. Delaying being checked out or treated for your injuries can make your personal injury claim more difficult to pursue. Whiplash is by far the most common read end collision injury. Other injuries suffered from being struck from behind in a car accident include:
- Spinal cord injuries
- Head injuries
- Brain injuries
- Neck injuries
- Back strain
- Back sprain
- Slipped or herniated disc
- Spinal stenosis
- Fractured vertebrae
- Compressed intervertebral discs
- Broken bones
- Arm and wrist injuries
- Fractured ribs
- Facial injuries
- Crushed limbs
- Emotional trauma including PTSD
- Shoulder strain
- Soft tissue damage
If you were not the person who caused the wreck, then you have the right to recover a rear-end collision insurance claims payment, settlement, or verdict at trial. That means the person who is at fault for the car crash will be held financially responsible for the damages, losses, and bills you are paying because of the injuries you suffered. Typically, the person’s car insurance will cover accident-related expenses, including lost wages, vehicle damage, medical expenses, and other related costs.
Read End Collision Lawyer
Rear-end collisions are commonly caused by distracted driving, slow-moving cars, heavy traffic, reckless driving, stopping short to avoid hitting something, tailgating, bad weather, and poor road conditions. If you were injured in a rear-end collision, you may be entitled to recover damages from the other driver.
Even if you were the driver in the rear, if the other driver cut you off or pulled out in front of you, you could win a personal injury lawsuit. Insurance companies may not want to pay when the time comes to seek compensation for the damages caused by another driver. This is why you should seek the help of an experienced car accident lawyer in the Lubbock area.
The local lawyers of Liggett Law Group are happy to speak with you for free in a confidential, no-obligation consultation to give you the best advice for your family about what to do after being hurt in a car accident. Ted Liggett has over 20 years of experience as a trial lawyer and has dedicated his entire legal career to helping those who have been physically injured due to the negligence of others.