346-590-6665
Houston traffic is notorious for its stop-and-go nature. You are driving down I-45 or the 610 Loop when traffic suddenly halts. You stop in time, but the driver behind you does not. The impact jars your neck and back. You are now left with car damage, medical bills, and a question: Who is actually responsible?
Most people assume the driver in the back is always to blame. That is often true, but it is not automatic. Proving fault requires evidence. You must show that the other driver was negligent under Texas law. Our knowledgeable auto accident lawyers help clients in Houston navigate these complex liability issues every day.
Texas Law on Safe Following Distance
The foundation of most rear-end accident claims is the concept of “assured clear distance.” Texas law requires drivers to maintain enough space between vehicles to stop safely.
According to Texas Transportation Code § 545.062, an operator shall maintain an assured clear distance between the two vehicles. This distance must allow the driver to stop without colliding with the preceding vehicle. They must consider vehicle speed, traffic, and road conditions.
If a driver hits you from behind, they likely failed to maintain a safe following distance. This violation is strong evidence of negligence. Our attorneys can use this statute to establish that the other driver failed their legal duty to keep you safe.
Is the Rear Driver Always at Fault?
While the rear driver is usually liable, there are exceptions. You might encounter a situation in which the lead driver, the one who was hit, caused the crash.
A driver in front can be found at fault if they:
- Reverse suddenly into the car behind them
- Stop abruptly without a valid reason, often called “brake checking
- Drive with non-functioning brake lights
- Merge into your lane without enough space and immediately slow down
In these scenarios, the presumption of fault shifts. Our legal team will investigate the crash scene to see if the lead driver’s actions contributed to the collision. A thorough investigation is vital because Texas law uses a proportionate responsibility system, which can adversely affect your claim.
Understanding Proportionate Responsibility in Texas
Texas follows a “modified comparative negligence” rule, also known as proportionate responsibility. It means that more than one person can be at fault for an accident. The court or insurance adjuster assigns a percentage of blame to each party.
Under Texas law, a claimant may not recover damages if their percentage of responsibility exceeds 50%. If you are found to be 51% responsible for the crash, you receive nothing.
If you are 50% or less at fault, your compensation is reduced by your percentage of responsibility. For example, if you have $10,000 in damages but are found 20% at fault, you would receive $8,000.
Insurance adjusters often try to shift blame onto you to reduce their payout. They might argue that you stopped too suddenly or that your taillight was broken. We fight against these tactics to ensure liability is assigned correctly.
Evidence We Use to Prove Fault
Proving negligence takes more than just your word against theirs. Our legal professionals gather specific evidence to build a strong case for our clients.
Police Reports: A crash report typically includes the officer’s assessment of who caused the accident. It also lists any citations issued, such as “failure to control speed.”
- Dash Cam Footage: Video evidence is hard to dispute. It can show exactly what happened in the moments leading up to the impact
- Witness Statements: Independent witnesses can verify that you stopped safely and that the other driver was distracted or speeding
- Vehicle Damage: The location and severity of the damage often tell a story. Heavy front-end damage to the rear vehicle suggests a high speed at impact
The Deadline to File a Claim
You do not have unlimited time to take legal action. Texas sets a strict deadline for personal injury lawsuits.
The Texas statute of limitations requires a person to bring suit for personal injury or property damage within two years of the date of the crash.
If you miss this deadline, the court will likely dismiss your case. You will lose your right to seek compensation for your injuries. Our law firm ensures all paperwork is filed correctly and on time so you do not lose your opportunity for justice.
What Compensation Can You Recover?
Once fault is proven, the next step is determining the value of your claim. Texas law allows accident victims to recover “damages” to make them whole again. These generally fall into two categories: economic and non-economic damages.
Economic Damages are the financial costs you have incurred. Under Texas law, these include:
- Medical Expenses: This covers hospital stays, physical therapy, and medications. Note: Texas law limits recovery to medical bills that have been actually paid or incurred (by you or your insurance), rather than the potentially higher “sticker price” initially billed by the provider
- Lost Wages: If you missed work due to your recovery, you can be reimbursed for that lost income
- Loss of Earning Capacity: If your injuries prevent you from returning to your previous job or earning the same salary in the future
- Property Damage: The cost to repair or replace your vehicle
Non-Economic Damages cover the intangible impact of the crash. State law defines these as damages for:
- Physical pain and suffering
- Mental or emotional anguish
- Physical impairment or disfigurement
- Loss of enjoyment of life
We Solve Problems for Houston Drivers
Dealing with insurance companies after a wreck is stressful. You should not have to face it alone. At Moises Morales Law, we focus on solving your legal problems efficiently. We prioritize your well-being and treat you like a person, not a case file.
If you were injured in a rear-end collision, contact Moises Morales Law today. We can review the facts of your crash and help you understand your options. Call us at 346-590-6665 to schedule a consultation.
