You may not know that rear-end crashes are the most commonly reported type of traffic accidents in the United States. In fact, a report from the National Highway Traffic Safety Administration found that nearly 29% of reported collisions resulting in serious injuries and fatalities each year are rear-end crashes.
Most people think that after you hit a driver from behind, you are automatically at fault due to basic traffic rules, like following another vehicle too closely, avoiding reckless driving, and paying attention to the road.
Is this always the case? Can the driver in front actually be liable for a rear-end crash?
No-Fault VS. Fault States
Texas and some other states determine fault for a car accident based on a comparative negligence model, meaning that responsibility for the collision is apportioned between all the parties involved. The plaintiff filing the personal injury claim loses a portion of their damages in proportion to their level of responsibility for the crash, as long as it is below a certain amount.
Certain states use a pure contributory negligence model, including North Carolina, Virginia, Washington D.C., Alabama, and Maryland. This means that if the victim filing the personal injury claim share any fault for the crash, they are unable to recover any damages at all.
Who Is Liable for a Rear-End Crash?
If you are involved in a rear-end crash in Texas, you are not automatically assigned fault for the collision. Actually, you should ignore the belief that you will automatically be liable for the accident if you hit someone from the rear. A judge or jury is able to apportion responsibility for the crash between all the drivers involved.
If you are ever involved in a rear-end crash, you should consult with a qualified car accident lawyer in Houston because you may be innocent, and the other driver may be fully at-fault for the accident.
Comparative Negligence
Like we have stated before, Texas is a comparative negligence state. In order to win a judgment against the accused driver, the jury must find that the other driver was negligent, meaning he or she failed to act like a person with reasonable prudence would have under the same circumstances.
Based on the evidence related to your case, the jury will determine whether the accused party acted negligently and caused the crash. Unless you are able to show that the accused party acted negligently or his or her actions contributed to the rear-end collision, you are unable to recover your full compensation.
Can the Lead Driver Be at Fault?
A judge may determine that the lead driver is totally or partially at-fault for causing the rear-end crash if evidence shows that he or she did something that a reasonable driver would not have done. Some of these actions include cutting off another driver or hitting the brakes and coming to a sudden stop when it was safe to do so. Keep in mind that the jury may consider the actions of both drivers to determine who was at-fault for the rear-end accident.
Unavoidable Collisions
Certain accidents cannot be avoided. These kinds of collisions are not the result of negligence on part of another driver. For example, when a wild animal crosses a busy roadway and caused a traffic accident. If a passenger in the vehicle suffers injuries and files a lawsuit against the driver, the accused party can claim that the collision was unavoidable. If this defense is successful, the passenger will not be able to recover compensation.
Contact West Loop Law and the Law Office of Nhan Nguyen, MD, JD to discuss your case with an experienced Houston car accident attorney who will fight to protect your right to compensation.
Texas Car Wreck Attorneys
After a car wreck, you’ll probably find yourself in serious pain —and with a ton of unexpected debt. It’s easy to become overwhelmed dealing with the aftermath of a crash and making choices on what to do next. That’s why you need the help of a Houston car crash lawyer to help you make the right choices and secure the compensation you need and deserve.
The team of personal injury lawyers at the West Loop Law and the Law Office of Nhan Nguyen, MD, JD will fight for your best interests. We treat every case with equal importance, and we focus on getting the effective results our clients deserve. Contact our law offices today at 713-840-7200 to discuss your case with a lawyer who cares.
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