Rear-End Collisions: Common Causes and How to Prove Fault in Your Case
Rear-end collisions are some of the most common types of car accidents in Texas and across the United States. While many people assume the driver in the back is always at fault, determining liability isn’t always that simple. Proving fault can be key in recovering fair compensation, especially when injuries are involved.
If you’ve been hurt in a rear-end crash, you might be facing medical bills, missed work, and uncertainty about what to do next. Jose Orihuela, Attorney at Law, a friendly personal injury attorney in Webster, Texas, can help you understand what causes these crashes and how to show the other driver was at fault.
Common Causes of Rear-End Collisions
Rear-end crashes often happen quickly and unexpectedly. A sudden stop, distraction, or moment of carelessness can change everything in an instant. While every accident has its own circumstances, certain patterns show up again and again. Here are some of the most frequent causes of rear-end collisions:
Distracted driving: Texting, eating, adjusting the radio, or looking at a GPS can cause drivers to take their eyes off the road just long enough to miss that traffic ahead has stopped.
Tailgating: Following too closely doesn’t leave enough space to react when the lead vehicle slows down or stops. In Texas, tailgating is a common cause of rear-end accidents, especially in heavy traffic or on highways.
Speeding: Driving too fast makes it harder to stop in time. Even a few miles over the speed limit can increase the chances of hitting the car in front during sudden traffic changes.
Sudden stops: Sometimes the lead driver slams on the brakes without warning, catching the following driver off guard. While this doesn’t always shift blame, it can play a role in determining fault.
Driving under the influence: Alcohol and drugs slow reaction time and impair judgment, often leading to preventable crashes.
Weather conditions: Rain, fog, or ice can reduce visibility and traction, making it harder for drivers to stop in time—even if they’re paying attention.
Vehicle defects: Worn brake pads, tire blowouts, or other mechanical issues can also play a part in causing rear-end collisions.
Understanding what led to the crash is the first step in building a strong case with the help of a personal injury attorney. But identifying the cause isn’t enough—you also need to show who was responsible.
How Fault Is Determined in Texas
Texas follows a “modified comparative fault” rule, which means both drivers can share responsibility for a crash. If you’re found to be more than 50% at fault, you can’t recover damages. But if you’re 50% or less at fault, your compensation will be reduced by your percentage of responsibility.
That makes proving fault especially important. Insurance companies often try to shift blame to reduce what they have to pay. The more clearly you can show the other driver caused the accident, the stronger your case will be. Here’s how fault is usually established:
Police reports: Officers who respond to the scene usually write up a report that includes statements, observations, and sometimes an initial assessment of fault.
Witness statements: Passengers, pedestrians, or other drivers who saw the accident can help back up your version of events.
Traffic camera footage: Many intersections and highways are equipped with cameras. If the crash was caught on video, that footage can be powerful evidence.
Photos of the scene: Pictures of the damage, skid marks, traffic signals, and road conditions can help reconstruct how the accident happened.
Expert analysis: In some cases, accident reconstruction experts are brought in to analyze the impact and determine how fast each car was going or what actions the drivers took.
Statements by the drivers: What each driver says after the crash matters. An admission like “I didn’t see you stop” can be used to show fault.
Now that we’ve covered how fault is determined generally, let’s look at what it takes to prove fault in your specific case.
How to Prove Fault in Your Case
Proving fault isn’t always about pointing fingers—it’s about building a strong, well-documented argument. If you're dealing with injuries, medical expenses, or lost wages, you'll want to make sure your case is backed by solid evidence. Here are several key steps that can help prove fault:
Collect evidence at the scene: If you’re able, take photos of the vehicles, road conditions, license plates, skid marks, and anything else that could be important later.
Request the police report: Get a copy of the accident report from the responding officer. This can include critical information about who was cited or what the officer observed.
Seek medical treatment: Seeing a doctor right away connects your injuries to the accident and gives you medical records that can support your claim.
Keep a detailed record: Track all related expenses—hospital bills, physical therapy, medications, time off work, and transportation to appointments.
Speak with witnesses: If anyone saw the accident, get their name and contact info. Their version of events may match yours and help prove you weren’t at fault.
Hire a personal injury attorney: A lawyer can help collect evidence, speak with experts, deal with the insurance company, and file a claim on your behalf if needed.
Even if fault seems obvious, gathering solid evidence is the best way to strengthen your case and push back against insurance company tactics.
When the Rear Driver Might Not Be at Fault
People often assume the driver who hits someone from behind is always responsible—but that’s not always true. In Texas, fault is based on actions, not position. Here are some situations where the front driver might be at least partially to blame:
Brake checking: If a driver suddenly and intentionally slams on their brakes to “teach a lesson,” they could share liability for provoking the crash.
Broken brake lights: If the lead vehicle didn’t have working brake lights, the following driver may not have been able to tell they were slowing down.
Backing up suddenly: If the lead driver shifted into reverse and backed into the other car, the roles are reversed, and they may be found liable.
Unexpected stops without reason: Stopping in the middle of a lane for no clear reason can sometimes lead to partial fault, especially if there’s no hazard or red light.
These situations can complicate a case and make it harder to assign blame without strong evidence. That’s why documenting everything and working with a legal professional can be so helpful.
What to Do Immediately After a Rear-End Crash
What you do in the moments after a rear-end collision can have a big impact on your case later. Even if you feel okay or the damage looks minor, taking the right steps matters. Here’s what to do:
Check for injuries: Your safety comes first. Call 911 if anyone is hurt, and don’t try to move anyone unless it’s necessary to avoid further harm.
Move to a safe spot: If the cars are drivable, move to the shoulder or a safe area to avoid further accidents.
Call the police: Even in minor crashes, having an officer file a report can help protect your claim later.
Exchange information: Get the other driver’s name, license number, insurance details, and contact info.
Document the scene: Use your phone to take pictures or video of everything related to the accident, including damage, skid marks, traffic signs, and injuries. This evidence will be instrumental for the personal injury attorney who takes on your case.
Seek medical care: Even if you feel okay, adrenaline can mask injuries. It’s smart to get checked out by a doctor soon after the crash.
Taking these steps helps protect your health and strengthens your legal claim if you need to file one with a personal injury attorney
Contact a Personal Injury Attorney Today
If you’ve been in an accident, a personal injury attorney can help you fight for compensation. Look no further than Jose Orihuela, Attorney at Law. I offer friendly help to clients in Santa Fe, Seabrook, Kemah, Bacliff, Dickinson, Houston, Alvin, League City, Friendswood, Clear Lake, South Houston, and Webster, Texas. Call today for a free consultation.