In Texas, you may be found liable if your car is rear-ended in a crash. While this may sound counterintuitive, it can happen.
Read on to find out more about accident liability in Texas and how Texas’s system of modified comparative negligence could leave you holding the blame, at least partially, for your rear-end crash.
What is a Rear-End Accident?
A rear-end accident is a car accident in which the front end of one car collides with the back end of the car it is following. Rear-end accidents are the most common car accident in the U.S. and typically occur at:
- Intersections;
- Stop signs and signals; and
- Yield signs.
The driver in front is often stopped when the following driver collides with their vehicle.
Who is at Fault for a Texas Rear-End Accident?
While the following driver is generally at fault for a rear-end crash, the lead driver may be found entirely or partially responsible under certain circumstances. These may include but are not limited to the following:
- The front driver acted recklessly causing the back driver to rear-end them;
- The front driver neglected to use their turn signal when turning;
- The front driver slammed on their brakes for no apparent or visible reason; or
- The front driver pulled out from a parking lot onto the street without yielding.
There are also unavoidable rear-end crashes where neither driver can be held responsible. These may include acts of nature such as falling trees and deer.
How is Liability Determined in a Texas Rear-End Accident?
Texas follows the doctrine of modified comparative negligence. This means both drivers, or in some cases multiple drivers may share liability for a rear-end crash.
The court determines liability for a rear-end crash. The court assigns a percentage of fault to each driver involved in the crash.
Each driver is assigned a percentage of fault from 0% to 100%. Drivers who are awarded compensation will have any award reduced by their assigned percentage of fault.
For example:
- A driver who is awarded $100,000 in compensation is assigned 25% fault;
- That driver’s $100,000 award is then reduced by their assigned fault of 25% or $25,000;
- The driver’s total compensation award is $75,000.
Any driver whose fault exceeds 50% is not entitled to compensation under Texas’s system of modified comparative negligence.
Contact an Experienced Dallas Rear-End Accident Attorney Today
If you were injured in a rear-end crash in Texas, your claim rests on the ability to prove the other driver’s negligence. Proving negligence in a rear-end crash can be complicated, especially if you were driving the rear vehicle. That is where the experienced Dallas car accident attorneys at Mathias Raphael PLLC Accident & Injury Lawyers can help.
At Mathias Raphael PLLC Accident & Injury Lawyers, we will work tirelessly to gather evidence to support your negligence claim and protect you from common insurance company tactics like:
- Claim denials;
- Delayed settlements; and
- Victim blaming.
Reach out to Mathias Raphael PLLC Accident & Injury Lawyers in Dallas today to schedule your complimentary consultation with a legal professional. At Mathias Raphael PLLC Accident & Injury Lawyers, we care about your rights and want you to receive the accident compensation you deserve.