Car Accidents

Rear-End Collisions.

Rear-ended in Houston.

The driver who hits you from behind is usually at fault. Usually is the word the insurance company lives in.

A rear-end collision looks like the simplest case there is. Someone was following too closely or not paying attention, and they drove into the back of your car. Texas law requires drivers to keep a safe distance and to control their speed, and the rear driver who fails to do that is typically responsible. But usually is not always. The defense will look for reasons to shift blame: a claim that you stopped short, that a brake light was out, that you changed lanes suddenly. Each is an attempt to move fault onto you, because in Texas every percentage point of fault reduces what you recover.

The low-damage trap

The most common tactic in a rear-end case has nothing to do with fault. It is the argument that because your bumper looks fine, you cannot really be hurt. Adjusters point to a photo of a scuffed bumper and insist a minor impact cannot cause a real injury. The human body does not work that way. A crash transfers energy into the neck and spine whether or not the plastic cracks, and the speed change your body absorbs is not something anyone can read off a bumper. Soft-tissue and joint injuries are real, they show on the right imaging, and they can last for years.

From The Night Docket

Why the bumper is the wrong thing to look at:

The S-Curve
Whiplash as a real cervical facet-joint injury. A clean scan is not an uninjured neck.
Delta-V
The speed change your body absorbs, and why it is invisible in a bumper photo.
The Body at 84
The eggshell-plaintiff rule. A defendant takes the victim as they find them.

What helps a rear-end case

The evidence that wins these cases is gathered early: the other driver's account before it is coached, photographs of both vehicles and the scene, any dashcam or nearby surveillance video before it is erased, and prompt medical care that documents the injury from the start. A gap between the crash and the first doctor visit is the first thing the defense will use, so getting checked out matters both for your health and for your claim.

Common Questions
Is the rear driver always at fault in Texas?
Usually, but not automatically. Texas requires drivers to keep a safe following distance and control their speed, so the rear driver is typically responsible. The defense will still try to assign some fault to you, because under Texas proportionate responsibility any fault assigned to you reduces your recovery.
Why does the insurance company keep talking about my bumper?
Because low property damage is their favorite argument that you were not really injured. The energy that injures a neck or spine is not the same thing as the energy that cracks a bumper. Proper imaging and a documented course of care answer that argument.

Tell me what happened.

Free consultation. No fees unless we win. Speak with me directly, not a screener.

Contact Orlando Rodriguez

(713) 239-2300