HomeCar News​​How Fault is Determined in a Rear-End Accident in Texas

​​How Fault is Determined in a Rear-End Accident in Texas

Rear-end accidents happen far too often and can lead to nagging injuries and property damage. Although you may think that these types of accidents are easy to handle, they are not, especially in Texas. Without a deep understanding of the law, accident victims can be taken advantage of. 

Rear-end accident professionals encourage victims to collaborate with attorneys for car accidents to ensure that their rights are protected after a fender-bender. Understanding fault can help you determine if you’re entitled to damages after your rear-end collision. Read on for how to determine who’s at fault for your accident. 

Determining Fault in Read-End Collisions

Generally, the rear car is held responsible when a car strikes another from behind. This is based on the presumption that drivers follow other vehicles at a safe speed and distance that allows them to come to a full stop before rear-ending a suddenly stopped car. Speaking with a legal professional can help make sure you don’t overlook key details.

Comparative Fault

Texas driving law follows the modified comparative fault rule, also known as proportionate responsibility. This states that when both parties share fault in an accident, each party’s received damages get reduced by their percentage of fault for the accident. If you’re unsure what you’re entitled to by law, speak with a legal professional.

Providing Evidence of Fault

Evidence is often used to help accurately demonstrate who was at fault. Evidence often includes the following:

  • A police report that states the officer’s observations and traffic law violations
  • Witness testimony about what occurred
  • Property damage
  • CCTV footage that shows what took place

Insurance Companies and Fault

Insurance companies gather evidence and conduct their investigations into what occurred in the rear-end collision. They often do this by reviewing the evidence, interviewing everyone involved, and consulting with experts about the details of the accident. What insurers do with this information can be troubling, and working with an attorney can protect you. 

Insurers will make an offer to you based on the information they find. Often, insurance companies make lower offers so that unsuspecting victims take a quick offer that is far less than they deserve. If you feel that the deal the insurer involved in your rear-end collision offered is unfair, speak with a car accident attorney right away about your options.

Rear-End Collision Legal Representation

Fault is determined based on the many factors of your claim. Specifically, who had the duty of care and whether or not they acted on that duty. When negligent drivers cause accidents, they are legally responsible for the damages they cause, according to Texas law. When you’ve been involved in an accident, the representation you choose can affect your claim. 

Rear-end accident legal professionals always recommend working with a seasoned attorney. This attorney should have extensive experience with rear-end collision cases like yours. Your attorney should pursue the best alternative for you and communicate in a way that meets your needs. Don’t deal with your rear-end accident alone; let a legal professional offer assistance. 


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