Who is at Fault in a Rear End Accident?

When rear end accidents leave you suffering serious injuries, our Edinburg, TX car accident attorney defends your rights in filing a claim.

Rear end car accidents are one of the most common types of collisions. They can occur in your neighborhood and on roads or highways you travel regularly, as well as in public parking lots and other locations. Even a relatively minor rear end collision can cause serious injuries, requiring extensive medical care. It is generally assumed that the rear driver is responsible and therefore liable for damages that another motorist suffers, but this is not always the case.

Rear End Accidents: When the Other Driver is to Blame

Rear end collisions can happen in a variety of situations. While the driver who hit the motorist in front of them is generally assumed to be at fault, there may be extenuating factors involved. It is important to review all the circumstances surrounding the crash to determine who is ultimately to blame.

There are many different types of risky and reckless driving behaviors that can make rear end accidents more likely to happen. According to statistics from the Texas Department of Transportation (TXDOT), the most common of these include:

  • Stopping abruptly in the middle of the street;
  • Pulling out in front of other drivers;
  • Suddenly changing lanes and failing to signal;
  • Abruptly slamming the brakes, rather than gradually slowing the vehicle;
  • Driving without brake or taillights.

Rear end car accidents can also happen when another driver is backing up. This can occur in parking lots or areas with off street parking, at stop signs and red lights when the driver is in danger of blocking traffic, or in situations in which the driver may have missed a turn. In all of these cases, the at-fault driver can be held accountable in a claim.

Defending Your Rights in a Rear End Car Accident Claim

If you are the driver in the rear position in a rear end accident and file an insurance claim against the other person involved, the insurance company may end up denying you a settlement. They will likely state that you as a driver should always maintain control of your vehicle and are responsible for stopping, regardless of what the other driver does. While this is partially true, you may still be entitled to compensation.

Under the Texas Transportation Code, there are numerous provisions regarding the proper movement and operations of motor vehicles, which serve to protect the general public and prevent car accidents from happening. If you can show the other driver was in violation of any of these provisions, you may be able to collect compensation in a claim.

Contact Our Edinburg, TX Rear End Car Accident Attorney

At the Law Office of Raúl A. Guajardo, P.L.L.C., we fight to get you the compensation you need to recover when rear end accidents occur. To request a consultation regarding how we can help in your case, contact our Edinburg, TX car accident attorney today.