Rear-end collisions are one of the most common types of accidents on the road. Each year, rear end crashes account for over 29% of collisions according to the National Highway Traffic Safety Administration (NHTSA). For drivers in Dallas, Texas, the risks are no exception.
Rear-End Collisions: Understanding Liability
When a rear-end collision occurs, the question of liability often arises. Who was at fault and who should pay for damages? There are many factors that determine liability in a rear-end crash. By understanding these factors, you can have a better grasp of who may be responsible.
Why Rear-End Collisions Happen
There are several reasons why a driver may end up hitting the vehicle in front of them. Here are some of the most common causes of rear-end crashes:
Distracted Driving
Distractions like texting, eating, or adjusting the radio often cause drivers to take their eyes off the road. This lack of attention can prevent a driver from stopping in time to avoid a collision. Glancing at your phone for just 5 seconds at highway speeds means traveling the length of a football field blindfolded.
Tailgating
Following too closely behind another vehicle is a prime factor in many rear-end wrecks. Tailgating does not allow enough time to react and brake. Experts recommend keeping at least a 3-second following distance from the car ahead. This cushion is even more essential in bad weather when stopping distances increase.
Speeding
Excessive speed decreases the time available to stop and makes collisions more forceful. Speeding often accompanies tailgating as well. The NHTSA states that increased speed is a major contributor to severity of crashes.
Slippery Roads
Rain, snow, and ice all reduce traction and the ability to stop quickly enough to avoid hitting another car. Braking distances can more than double on wet roads. Winter weather requires slowing down, yet many drivers fail to properly adjust their speed.
Impaired Driving
Being under the influence of alcohol or drugs slows reaction time and impacts judgment when driving. Impaired drivers often end up in rear-end crashes due to slow braking reflexes. Even one drink can slow reflexes while moderate intoxication decreases coordination and focus.
Mechanical Failures
Issues like failed brakes or defective tires can prevent a driver’s ability to stop in time. However, proper vehicle maintenance helps avoid these types of faults. Tires should be routinely checked for tread depth and inflation. Brakes should be inspected each year or 12,000 miles.
Determining Liability in a Rear-End Collision
When a rear-end accident occurs, liability generally falls on the driver who hit the vehicle in front of them. This is because drivers must maintain a safe following distance and pay attention to avoid striking the car ahead. However, liability depends on the specific circumstances involved.
Presumption of Negligence
In most rear end crashes the rear driver in a rear-end crash is presumed to be negligent. This means the rear driver is assumed to be at fault due to not exercising proper control of their vehicle and avoiding the collision.
The rear driver must then prove they were not negligent in order to rebut this presumption. It can be challenging to overcome this assumed liability. Eyewitness testimony, accident reconstruction evidence, and police reports may be used to try to overcome the presumption. Hiring a car accident lawyer in Dallas is wise.
Exceptions to Presumed Liability
In some cases, the front driver may share some liability or hold sole responsibility. Situations where the rear driver may not be presumed negligent include:
- The front driver cut them off or merged into their lane abruptly
- The front driver reversed suddenly into the rear vehicle
- Road conditions like black ice made stopping impossible
- A defect with the rear driver’s brakes prevented stopping
- The front driver brake checked the rear vehicle
If strong evidence shows the accident circumstances did not allow the rear driver to prevent the crash, liability may shift away from them fully or partially.
Comparative Negligence
Texas uses comparative negligence laws in auto accident claims. Under this system, multiple parties can share fault based on their percentage of responsibility. So, even if the front driver partly caused the collision, the rear driver may still hold some liability. Damages are awarded based on the degree of fault for each driver.
For example, the front driver may bear 20% liability for improper lane changing while the rear driver bears 80% liability for tailgating and not slowing down. Any damages awarded would be reduced by 20% for the front driver’s comparative negligence.
Injuries Resulting from Rear-End Collisions
While rear-end crashes may seem minor, they can produce significant injuries:
Whiplash
Whiplash is the most common injury, caused by the head jerking back and forth. Pain, stiffness, headaches, and restricted range of motion in the neck can result. Symptoms may develop immediately or appear days later, causing victims to miss the opportunity to document injuries.
Herniated Discs
The force of impact can push spinal discs out of alignment, putting pressure on the spinal cord and nerves. This causes severe back pain, numbness, and muscle weakness. Disc injuries often require extensive therapy and surgery to repair.
Traumatic Brain Injuries
Striking one’s head on the steering wheel or windows can lead to concussions, bleeding in the brain, and loss of consciousness. Brain function may be permanently impaired. Even mild traumatic brain injury can cause cognitive problems.
Broken Bones
Fractures most often occur in the vertebrae of the neck and back, arms, wrists, ribs, legs and ankles during the collision. Broken bones require immobilization, surgery, or casts to heal properly.
Psychological Harm
Many crash victims develop anxiety, panic attacks, PTSD, and phobias following the trauma. Fears of driving or riding in vehicles are common after a collision.
Seeking Compensation
Rear-end crashes caused by a negligent driver often lead to expensive medical bills, lost income, and pain and suffering. Under Texas law, the at-fault party is responsible for providing compensation to the not-at-fault injured party.
An experienced Dallas car accident lawyer can help recover full compensation in a rear-end accident. Thorough investigations, negotiations with insurance companies, evidence gathering, and aggressive litigation in court may be needed to secure a favorable settlement or verdict.
Documenting all collision-related costs and losses is vital. Categories of recoverable damages may include:
- Medical expenses from injuries
- Income lost due to missing work
- Loss of future earnings capacity
- Cost of household and childcare assistance
- Cost of medications, equipment, and modifications
- Disability or disfigurement damages
- Physical and mental pain and suffering
- Loss of companionship for family members
If you were the victim of a Texas rear-end collision, contact the rear-end accident attorneys at Karns & Karns Personal Injury and Accident Attorneys for a free case review at 800-4-THE-WIN (800-484-3946). Our law firm has successfully claimed hundreds of millions of dollars in compensation for our clients. Call now to discuss your situation with our legal team.
