Car Accidents

Rear-End Collisions.

Rear-ended in Houston.

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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:

Dispatch: The Queue →
Rear-end crashes are the most common work-zone crash. The driver behind owes room to stop, the zone owes the warning, and the traffic-control plan is one of the first records the case needs.
Dispatch: The Gap →
About 1.75 million rear-end crashes a year. Texas measures the gap by the stop, and a jury, not an automatic rule, decides whether the room was safe.
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.

If you were the driver behind

Rear-ending someone does not end your case before it starts. Texas asks the driver behind to keep an “assured clear distance” (Transportation Code Section 545.062), and the Texas Supreme Court reads that as a duty of reasonable care that a jury measures, not an automatic breach (Louisiana-Pacific Corp. v. Knighten). A sudden stop, a dead brake light, or a lane that ended without warning can move part of the fault forward.

Work zones are where this happens most. The Texas Department of Transportation says rear-end collisions are the most common kind of work-zone crash, and the federal traffic-control manual warns that a line of stopped traffic “might extend past the normal location of the signs.” When the warning did not reach far enough, the case can reach whoever set up the zone. A contractor building a road for TxDOT is shielded only if it was following its contract documents on the point that caused the crash (Civil Practice and Remedies Code Section 97.002), so the traffic-control plan is one of the first records to get.

Often still a case, and sometimes against a company you never saw. A work zone is temporary by design, so call while the setup can still be documented.

Read The Queue and The Gap.

Call (713) 239-2300

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