Rear-End Collisions are the Most Common Multi-Vehicle Crash in Texas
Hurt in a rear-end collision in Southeast Texas? You are certainly not alone. Rear-end crashes are the most common type of multi-vehicle accident in Texas. It is crucial that victims know the law and know how to navigate a claim. Here, our Houston car accident lawyer provides a comprehensive guide to rear-end collisions in Texas.
Texas Rear-End Collisions Are Presumed Fault-Based, Liability is Not Automatic
Texas follows a fault-based motor vehicle liability system. In rear-end collisions, the trailing driver is often presumed negligent, but that presumption is rebuttable. The legal theory usually rests on failure to maintain a proper lookout, failure to control speed, or following too closely under Texas Transportation Code section 545.062. The statute requires drivers to maintain an assured clear distance, considering speed, traffic, and road conditions.
Takeaway: The rear driver is typically at fault for a rear-end collision in Texas. With that being said, liability is by no means automatic. Every crash should be thoroughly investigated to determine what exactly caused the crash.
What to Know About Comparative Negligence and Rear-End Crash Claims in Texas
Texas uses a modified comparative negligence (Texas Civil Practice and Remedies Code section 33.001) to apportion liability in car accident claims, including for rear-end collisions. An injured victim may recover damages only if their percentage of responsibility does not exceed fifty percent.
With that being said, any recovery is reduced by the injured victim’s share of fault. In rear-end cases, defense counsel frequently alleges contributory conduct by the lead driver. Some common allegations include abrupt braking, distracted driving, or failure to maintain brake lights.
As an example, imagine you suffered $25,000 in damages in a rear-end crash in Houston. If you were found 20 percent responsible for your own accident, you would be liable for 20 percent of your own damages. In other words, your settlement/verdict could be reduced by $5,000 (20 percent).
Recovering Compensation for a Rear-End Crash in Southeast Texas
In Texas, car accident victims have the right to seek compensation for the full extent of their damages, including for their non-economic losses. Do not trust an insurance company to step up and pay out full and fair financial compensation after a serious accident. Along with other damages, our Houston rear-end collision lawyer can help you seek compensation for:
- Vehicle repairs;
- Ambulance costs;
- Emergency room care;
- Hospital bills;
- Other medical expenses;
- Loss of wages;
- Loss of earning power;
- Pain and suffering;
- Long-term disability; and
- Wrongful death.
Set Up a Free Consultation With a Houston Auto Accident Attorney Today
At Henrietta Ezeoke Law Firm, our Houston rear-end collision lawyer has the professional experience that you can trust. If you or your loved one was hurt in a rear-end crash, we can help. Call us now or contact us online for a free, no obligation case review. We provide legal representation to car accident victims in Houston, Sugar Land, and throughout the region.
Source:
statutes.capitol.texas.gov/?tab=1&code=CP&chapter=CP.33&artSec=33.001
