Being rear-ended in Houston traffic can be a jarring and painful experience. From the congested stretches of the Katy Freeway (I-10) to the stop-and-go on Loop 610, these collisions are the most common type of car accident in the city. While it may seem obvious that the driver who hit you from behind is at fault, securing fair compensation from their insurance company is often much more challenging than you’d expect.
Insurance adjusters are trained to minimize payouts. They may try to argue that you stopped too suddenly, that your brake lights weren’t working, or that you share some of the blame. Understanding how to prove fault is critical to protecting your rights and recovering the compensation you deserve for your medical bills, lost wages, and vehicle repairs. If you’ve been injured in a rear-end collision in Houston, a skilled attorney can be your most important ally.
The Presumption of Fault in Texas Rear-End Accidents
In Texas, there is a legal presumption that the driver who rear-ends another vehicle is at fault. This is based on the fundamental traffic law requiring every driver to maintain a safe following distance. This distance should be sufficient to allow them to stop safely if the vehicle ahead brakes suddenly. However, this is a rebuttable presumption, meaning the rear driver can try to overcome it with evidence.
An insurance company might attempt to shift blame by claiming:
•You made an unsafe lane change: The other driver might allege you cut them off, leaving no time to react.
•Your vehicle had a malfunction: They could argue your brake lights were out, making it impossible to see you were stopping.
•You stopped for no reason: The adjuster may claim your stop in the roadway was unexpected and unnecessary.
•You were reversing: In some cases, a driver may falsely claim you were backing up into them.
Without strong evidence to counter these arguments, you could see your claim unfairly reduced or denied. This is why gathering proof is so important, even in what appears to be a straightforward rear-end collision.
How to Prove Fault in a Houston Rear-End Collision
To build a strong case and counter the insurance company’s tactics, you need to gather compelling evidence that establishes the other driver’s negligence. A dedicated Houston rear-end accident lawyer will launch a thorough investigation to collect the following:
- The Official Police Report: The responding officer’s report is a crucial piece of evidence. It will contain details about the accident scene, statements from both drivers, any citations issued (such as for following too closely), and the officer’s initial assessment of how the crash occurred.
- Photos and Videos from the Scene: Visual evidence is powerful. If you are able, take pictures of the vehicle positions, the damage to both cars, skid marks on the road, and any relevant traffic signs or signals. This documentation can help reconstruct the accident and disprove false claims.
- Eyewitness Testimony: Independent witnesses who saw the collision can provide an unbiased account of what happened. Their statements can be invaluable in confirming that the other driver was following too closely, speeding, or distracted.
- Traffic and Dashcam Footage: Many intersections and businesses in Houston have surveillance cameras. Your attorney can work to obtain this footage, which may provide indisputable proof of the other driver’s fault. Similarly, your own dashcam video can end a dispute before it begins.
- Medical Records: Seeking immediate medical attention after the crash is vital for your health and your legal claim. Medical records create a direct link between the collision and your injuries, such as a whiplash injury, which is common in these accidents. This documentation proves the extent of your damages.
Why You Need a Houston Car Accident Lawyer
Trying to fight an insurance company alone while recovering from an injury is a recipe for frustration and a lowball settlement offer. The legal system is complex, and adjusters know how to use it to their advantage. Hiring an experienced attorney levels the playing field.
Your lawyer will handle all communication with the insurance company, protecting you from tactics designed to get you to admit partial fault. They will manage the investigation, gather all necessary evidence, and build a case designed to secure maximum compensation for your losses. This includes not only your immediate medical bills and car repairs but also future medical needs, lost earning capacity, and your pain and suffering.
If you were injured in any type of car accident, you have a right to seek justice.
Contact a Houston Rear-End Accident Attorney Today
Don’t let an insurance company dictate the value of your claim. If you or a loved one has been injured in a rear-end collision in Houston, you need a strong advocate on your side. At the Stano Law Firm, we are committed to fighting for the rights of accident victims.
Contact us today for a free, no-obligation consultation. We will listen to your story, evaluate your case, and explain how we can help you pursue the full and fair compensation you are owed. You pay nothing unless we win your case.