Rear-End Collisions in Texas: Who’s Really at Fault?
Rear-End Collisions in Texas: Who’s Really at Fault?
Insurance companies may try to blame you — even when you were hit from behind.
The Presumption of Fault in Texas Rear-End Cases
Most people assume that the driver who hits another vehicle from behind is automatically at fault. In many cases, Texas law supports that presumption because every driver has a duty to maintain a safe following distance.
But insurance companies don’t like paying full value — so they look for any excuse to shift blame onto you.
Common Rear-End Crash Causes in Montgomery County
- Texting and distracted driving
- Speeding and tailgating on I-45
- Impaired drivers leaving Lake Conroe bars
- Failure to adjust in heavy Woodlands traffic
- Weather-related braking failures
How Insurance Tries to Blame the Victim
Adjusters may argue:
- You “stopped suddenly”
- Your brake lights weren’t working
- You shared some fault under Texas comparative negligence
Under Texas’s 51% Bar Rule, if they can convince a jury you were more than 50% responsible, you recover nothing. Fighting that tactic is a crucial part of your case.
Proving Fault Requires Evidence
We take quick action to collect:
- Black box vehicle data
- Cell phone usage logs
- Surveillance and dash-cam footage
- Brake and vehicle maintenance records
We partner with reconstruction experts when needed to show exactly **how** and **why** the crash occurred.
Common Injuries From Rear-End Collisions
- Whiplash and soft tissue trauma
- Herniated or bulging discs
- Concussions and traumatic brain injuries
- Shoulder and knee injuries
Symptoms sometimes appear days later — which insurers try to exploit by arguing the crash didn’t cause them. That’s why medical documentation is critical.