In rear end collisions, there is generally only one person at fault, at least by 51%: the driver who did the rear-ending. So, in most cases in Texas, the driver who does the rear-ending is going to end up with their insurance company covering the costs and them being liable for further damages.
If you’ve been rear-ended and the other driver was at fault, it’s crucial to collect information about the driver at the scene. You can follow the link to learn more about the steps you need to take after a vehicle accident. You will need any evidence you can collect if you need to prove fault in court.
Texas vehicle accident liability laws fall under the category of “comparative fault,” whereby each driver is liable based on the percentage by which they were responsible for the crash. In this state, If one driver is determined to be more than 51% at fault for the accident, that driver is not eligible to receive any compensation from liability damages.
What are the laws regarding rear-end accidents in Texas?
Any car accident is a huge pain to deal with. Even if no one is hurt, damage to one car or another can open you up to liabilities and lengthy civil suits. In 2019, the Texas Department of Transportation’s Motor Vehicle Traffic Deaths report estimated that vehicle accidents caused over $39 billion in damages. Even more troubling were the 3,610 lives lost in the same year in Texas due to car accidents.
Before you get behind the wheel of a car in Texas, you are legally obligated to carry insurance. This insurance will, by law, carry a minimum coverage limit of $25,000 in property damage and $30,000 in bodily injury per person, or $60,000 in bodily injury per accident. This is the bare minimum, and your insurance coverage may go higher.
What kind of follow-up should I do if I’ve been rear-ended?
If you have been rear-ended, and particularly if there has been some substantial damage to your person or vehicle as a result of the accident, you should contact a personal injury lawyer who has handled cases like yours. They can give you some sense of what to expect and deal with the insurance companies. It is not a good idea to deal with the insurance company of the at-fault driver yourself.
Why? In short, the insurance company of the driver who is at fault is probably going to try to shortchange you on the settlement offer. If you get yourself a good attorney who deals with the insurance company directly, not only will you likely receive a higher settlement offer, you will also have a decent chance at a successful suit.
What should I do if I am the guilty party?
If you rear-ended someone in Texas, the possibility that you’ll be found liable is rather high. It is always a good idea to hire legal counsel to represent you if you find yourself on the wrong end of a civil lawsuit, because a case like this can drag on for months if not years.
There are ways that you and your attorney can put together a case to argue that you weren’t at fault:
- If the car that you struck stopped suddenly, in a move that is illegal on the road, you could make a case that you are less than 51% at fault, or even not at all at fault
- If the driver you struck drove erratically, swerved in front of you, you have a stronger case
- If the other driver was intoxicated, your case becomes quite a bit easier. However, even if the other driver is arrested for a DUI, you may still want to retain outside counsel to ensure that you can recover as much damages as possible.
- You may also be able to demonstrate a mechanical failure in the car, such as a sudden brake problem or electrical issue that rendered braking impossible
No matter who is at fault in an accident, your attorneys may still be able to negotiate a better deal for you. A lawyer will also be able to give you an accurate value of the damages so you won’t be left short of what you need to cover the bills.
