Skip to Content

Is the Driver Behind Always At Fault for a Crash?

fender bender

Rear-end collisions are the most common type of car accident, accounting for about 29% of all crashes that result in some sort of injury in the U.S. each year. It is a widely held belief that the driver behind is always at fault for rear ending the car in front. However, there may be certain circumstances where both drivers may be found to be liable for the crash.

Common Causes of Rear-End Collisions

As a general rule, the driver behind is responsible for a crash if they fail to brake in time and end up colliding with the car in front of them. In other words, liability is generally automatic in rear-end collisions because the rear driver has the primary responsibility to leave a proper buffer and brake in time to avoid a collision. Some of the most common causes of these crashes include:

  • Following too closely
  • Braking too slowly
  • Speeding
  • Driving too fast for the current conditions
  • Impaired driving
  • Distracted driving

How to Lead Driver May Be Found at Fault

Texas follows a comparative negligence rule when it comes to determining liability for car accidents. This means that two drivers can both be found to be partially liable in the event of a crash, even if it was a fender bender. Here are a few scenarios that may make the lead driver partially liable for a crash:

  • Pulling out of a driveway or parking lot
  • Failure to look when changing lanes
  • Failure to yield to oncoming traffic
  • The driver stopped due to no apparent reason
  • A mechanical failure caused the car to halt

In the case where the front driver is partially liable for the crash, their total award amount will be reduced by the percentage that they are found to be at fault. The same rule applies to the rear driver.

How an Attorney Can Help You

If you were injured in a rear-end collision, whether you were the front or rear driver, you may have legal rights to file a claim to get your medical expenses and lost wages paid for. While the other driver’s insurance company may attempt to put blame on you to avoid paying out your claim, we will launch a full investigation on your behalf to ensure you aren’t unfairly held liable.

At Law Offices Of Vic Feazell, P.C., our Waco car accident attorneys have been protecting the rights of those injured across Texas for decades. When you choose us to represent you, you choose a team of legal advocates who will fight relentlessly for the justice and compensation you deserve.

Contact our team at (254) 938-6885 to get started with your no-fee, no-obligation case review! While we are based in Waco, we also serve clients in Austin and the surrounding areas of Texas.