If you’ve been involved in a rear-end collision, you might have questions about whether the rear driver is always at fault. Are there instances where the front driver could be liable for a rear-end accident? You may have questions about what steps to take to seek compensation for your injuries.
These are important questions, and Kraft & Associates, P.C. has the answers. The car accident attorneys at Kraft & Associates have represented many Dallas drivers who suffered injuries in rear-end accidents. That gives us an in-depth understanding of these cases and their complexities.
Below, we will discuss how liability is determined in rear-end collisions. We will address circumstances when the front-car driver may be liable and the Texas laws that might apply. Most importantly, we will outline the types of compensation available to victims of rear-end accidents and how our car accident lawyers can help you pursue compensation from the negligent driver.
Rear-End Accident Statistics in Texas
Rear-end accidents are the most common type of traffic accident. While many are minor accidents, some rear-end collisions cause serious injuries.
According to the Texas Department of Transportation Crash Records Information System, 82,106 rear-end crashes occurred in one recent year state-wide. Those accidents caused 967 deaths, 5,011 serious injuries, and 26,397 minor injuries.
Liability for Rear-End Collision
The driver whose actions caused the rear-end collision typically has liability. Typically, the driver of the trailing vehicle is responsible for a collision, but not always. In some cases, multiple drivers share liability.
Examples of negligent actions that can lead to rear-end accidents include the following:
- Texting while driving
- Talking on the phone while driving
- Speeding
- Following too closely/tailgating
- Failure to slow down at a yellow light
- Failure to stop at a red light
- Failure to yield to pedestrians at an intersection
- Failure to check both ways before turning
- Disobeying traffic lights or signs
- Impaired driving
- Drowsy driving
- Aggressive or erratic driving
- Inoperable brake lights or tail lights
- Road rage
An experienced attorney at Kraft & Associates can help you seek evidence to show that another driver’s negligence caused the accident that injured you. We will investigate the crash and gather evidence such as:
- Photos and videos of the accident and the vehicles involved
- Texas peace officer’s crash report
- Medical records
- Phone records
- Eyewitness accounts
- Accident experts’ testimony
Can the Driver in the Front Be at Fault for a Rear-End Accident?
Yes, there are situations in which the driver in the front may be at fault for a rear-end accident. The driver in front may be liable for the collision if he or she:
- Pulls out in front of another car
- Slams on their brakes suddenly and unnecessarily in an active traffic lane
- Reverses their car without checking behind them
- Drives aggressively
- Drives while drunk
- Drives while distracted
- Brake-checks the vehicle behind them
- Drives with broken brake lights
Texas Rear-End Accident Laws
In Texas, a driver who is at fault for an accident is liable for compensating anyone who is harmed as a result. It doesn’t matter if the driver is in the front car or rear car. Whoever caused the accident could be held legally and financially responsible.
One important law regarding rear-end collisions is § 545.062 of the Texas Transportation Code. It requires drivers to maintain enough distance between themselves and the car in front to safely stop without colliding with the preceding vehicle or veering into another vehicle, object, or person on or near the highway. Drivers typically fail to leave adequate room between their vehicle and the car in front. A driver who violates this law and hits another vehicle from behind would likely be primarily or entirely at fault for the accident.
Another relevant law is § 33.001 of the Texas Civil Practice and Remedies Code, which allows injured parties to recover compensation for accidents in which they are partially at fault, as long as their fault does not exceed 50 percent. In other words, contributing to an accident does not necessarily prevent a driver from demanding compensation from another at-fault party.
A driver who is partly at fault would have any compensation awarded by a court reduced proportionately, according to their share of fault. If an injured driver is found to be 25 percent at fault for a rear-end collision and a jury awarded $100,000 in damages, the injured driver would be eligible to receive $75,000 in compensation.
Damages in a Rear-End Accident
Depending on the circumstances, a Texas rear-end accident attorney could help you seek compensation for the following accident-related losses after a rear-end collision:
- Current and future medical expenses
- Property losses, such as car repairs or replacement
- Lost wages
- Personal care costs during your recovery
- Diminished future earning capacity if your injuries result in a long-term disability that prevents you from working
- Pain and suffering
- Mental and emotional distress
- Scarring
- Disfigurement
- Loss of quality of life
If your case goes to trial and a jury finds the at-fault driver’s conduct fraudulent, malicious, or grossly negligent, the jury may award you exemplary damages. These damages, also called punitive damages, are meant to punish defendants for their outrageous actions and deter similar misbehavior in the future.
It’s important to note that exemplary damages are rarely awarded and are only available if your case goes to trial. The vast majority of rear-end collision claims are settled out of court, which means they do not include these damages.
Contact Our Car Accident Lawyers Today
If you suffered an injury in a rear-end crash in Texas, you may have a right to seek compensation if the accident was not your fault. The Dallas rear-end collision attorneys at Kraft & Associates, P.C., can investigate your case, seek the evidence necessary to prove the at-fault driver’s negligence, and demand full and fair compensation for you. Contact us today for a free consultation with one of our experienced car accident lawyers.
