In Texas, the rear driver usually pays. The rule is simple: the law expects every driver to leave enough space to stop safely. If you hit the car in front, you likely broke that rule and you’re responsible for the damage.
But fault isn’t always that tidy. Texas uses proportionate responsibility, which means each person involved gets a percentage of blame. Your payout drops by your percentage, and if you’re 51% at fault or more, you recover nothing under Texas Civil Practice and Remedies Code § 33.001.
Rear-end crashes with delivery trucks and semis raise the stakes. There’s more evidence to gather, more regulations in play, and more parties involved. The earlier you pursue a case, the easier it is to lock down proof before it disappears.
Want answers about your specific crash? Call Cowen | Rodriguez | Peacock for a free case review at (210) 941-1301.
Key Takeaways for Rear-End Collisions in Texas
- The rear driver is usually responsible under Texas’ following-distance law. Texas Transportation Code § 545.062 requires a safe gap; breaking it points fault to the rear driver.
- Your percentage of fault directly cuts your payout. Under § 33.001, if you’re 51% at fault or more, you recover nothing; even 10% fault trims your recovery by 10%.
- Truck and delivery-vehicle crashes require fast evidence preservation. ELD data, maintenance logs, and “black box” records might be erased or overwritten within days without a preservation letter.
The “Assured Clear Distance” Rule: Why Is the Rear Driver Usually at Fault?
What Does Texas Law Say?
Texas Transportation Code § 545.062 requires you to keep enough distance from the vehicle ahead to stop safely, based on speed and traffic. The statute doesn’t list a fixed number of feet; it just expects “reasonable” spacing for the conditions.
What Is “Negligence Per Se,” and How Does It Help Your Claim?
Negligence per se is a legal shortcut: if a driver breaks a safety law designed to prevent a certain harm and that harm occurs, the law treats the driver as negligent automatically. Here, if the rear driver violates § 545.062 and causes a rear-end crash, that violation supplies the “breach of duty” element. Simply put, the statute fills in a major piece of proof you’d otherwise have to fight over.
When Might the Front Driver Share Fault?
In some scenarios, the front driver’s actions shift part of the blame:
- Sudden reversing: The lead car backs up without warning and strikes the vehicle behind.
- Brake checking: The lead driver slams the brakes to intimidate or send a message.
- Broken brake lights or taillights: If the rear driver had no way to see the lead car slowing due to nonworking lights, fault might be shared.
- Unsafe stops: Stopping in a live lane without a valid reason or failing to use hazards after a breakdown.
- Unsafe lane change and immediate braking: Cutting in with little room and then slowing or stopping.
Expect the other insurer to comb through the facts for any detail that shifts a percentage of fault to you. Our job is to make sure that percentage is fair and supported by solid evidence.
How Does Proportionate Responsibility Affect Your Payout?
Texas follows modified comparative negligence. Each person involved receives a percentage of fault, and your recovery drops by your percentage. Under § 33.001, you recover only if your share is 50% or less. At 51% or more, you recover nothing.
What Evidence Proves Who Is Responsible?
- Scene photos and video: Capture vehicle positions, damage, skid marks, traffic signals, lighting, and weather. Nearby businesses and homes might have cameras pointed at the road.
- Dashcam and in-vehicle data: Many cars store crash data. Some vehicles record speed, braking, and seatbelt use in the seconds before impact.
- Witness statements: Names, phone numbers, and what they saw—collected early while memories are fresh.
- Vehicle damage reports: Repair estimates and photos tell a story about speed and angle of impact.
- Phone records: If distraction is suspected, phone activity around the time of the crash matters.
- Medical records: Notes linking symptoms to the crash, testing (X-rays, MRIs), and a clear treatment timeline.
- Preservation letters: A written demand to keep data—vital for company vehicles with short data retention windows.
I Got Rear-Ended by a Delivery Truck or Semi, What Changes?
A heavy vehicle multiplies force and injury risk. It also introduces federal safety rules and corporate policies that shape the case. We move quickly to secure evidence before it cycles out or gets lost.
Evidence Unique to Commercial Vehicles
- Electronic Logging Devices (ELDs): These track driving hours under the FMCSA ELD rule. They help expose fatigue or hours-of-service violations governed by the Hours-of-Service regulations.
- Event data/engine control module (ECM): Speed, throttle, and brake data in the moments before impact.
- Maintenance and inspection records: Federal regulations require inspections and repairs; see 49 C.F.R. Part 396.
- Driver qualification file: Hiring, training, and past safety history under 49 C.F.R. Part 391.
- Company policies and dispatch records: Unrealistic schedules push tailgating and speeding. Dispatch logs reveal pressure points.
Trucking and delivery companies maintain sophisticated claims teams. We match that by preserving data quickly and reviewing it line by line.
What Injuries Show Up After a Rear-End Crash?
Symptoms sometimes take a day or two to surface. Adrenaline masks pain, and inflammation builds with time. This is why we always recommend getting checked out, even if you feel “okay.”
- Whiplash: Soft-tissue injury from rapid neck movement. Symptoms include neck pain, reduced range of motion, headaches, and shoulder pain.
- Concussion/mild TBI: Dizziness, nausea, light sensitivity, memory issues, and brain fog. Symptoms might build over 24–72 hours. The CDC lists warning signs to watch for.
- Herniated discs: Back or neck pain, numbness, tingling, or weakness in arms or legs.
- TMJ (jaw) pain and headaches: Jaw impact or tension from the collision may trigger grinding, clicking, or headaches.
- Shoulder and knee injuries: Seat belts and dashboard contact lead to sprains, labrum tears, or bruising.
Who Pays Medical Bills While the Claim Is Pending?
Liability claims take time. While your injury claim proceeds, several coverage sources might help keep bills under control:
- Personal Injury Protection (PIP): Texas policies include PIP unless you rejected it in writing. Insurers must offer at least $2,500 in PIP under Texas Insurance Code § 1952.152. PIP pays medical bills and a portion of lost income regardless of fault.
- MedPay: Similar to PIP but usually covers medical bills only. It’s optional and depends on your policy.
- Health insurance: Your health plan might pay first, then seek reimbursement (subrogation) from your settlement depending on plan terms.
- UM/UIM coverage: If the at-fault driver is uninsured or underinsured, your own policy may step in under Texas Insurance Code § 1952.101.
- Hospital liens: Texas hospitals may file a lien for accident-related treatment under the Texas Property Code Chapter 55. Managing liens requires careful coordination so you don’t pay more than required.
What Compensation May You Pursue?
Your claim may include both financial and non-financial losses:
- Medical bills: ER care, imaging, follow-up appointments, physical therapy, medication, surgery, and future care.
- Lost wages and job impact: Time away from work and reduced earning capacity if lingering symptoms limit your role.
- Property damage: Repair or replacement of your vehicle and damaged personal items.
- Pain and suffering: Physical pain, daily limits, sleep issues, and the human cost of living with injury.
- Mental health harms: Anxiety, fear of driving, mood changes, or trauma symptoms.
- Exemplary (punitive) damages: In rare cases involving gross negligence, Texas allows exemplary damages under Chapter 41. These are meant to punish extreme misconduct, not to cover ordinary losses.
How Do Property Damage Claims Work in Rear-End Crashes?
Property damage moves on its own track, separate from injury claims. Here’s what to expect:
Liability vs. Collision Coverage
If the other driver is clearly at fault, their liability coverage should pay. If fault is disputed or you want faster repairs, using your collision coverage might speed things up; your insurer then seeks reimbursement from the other carrier.
Total Loss vs. Repair
If repair costs approach the vehicle’s value, the insurer might declare a total loss. The payout usually reflects actual cash value, not the original purchase price.
Rental and Loss of Use
Policies vary. Keep all receipts and ask how many days are covered.
Diminished Value
A repaired car might be worth less than before the crash. Third-party diminished-value claims are recognized in Texas in many situations.
Do You Have Deadlines to Worry About?
Yes. Most Texas injury cases must be filed within two years of the crash under Texas Civil Practice and Remedies Code § 16.003.
Claims against government entities also require written notice within a short window—generally six months under the Texas Tort Claims Act notice provision—and some cities set even shorter deadlines.
If you think a government vehicle was involved, it’s always best to consult with a lawyer to determine your case’s eligibility and preserve your rights.
How We Build Your Case While You Focus on Recovery
We handle the paperwork, evidence gathering, and negotiation, and we keep you updated without burying you in legalese. Our team:
- Secures scene and vehicle data, including dashcam and any available “black box” records.
- Issues preservation letters to trucking and delivery companies to keep ELD, ECM, and maintenance data.
- Organizes medical records and tracks bills, liens, PIP, health insurance payments, and UM/UIM claims.
- Prepares a demand package that shows liability clearly and documents all losses.
- Advises you on settlement vs. filing suit, based on evidence and recovery prospects.
Frequently Asked Questions About Texas Rear-End Collisions
What if I was part of a chain-reaction crash?
Multi-vehicle rear-end collisions are common at intersections and on highways. Investigators look at impact points, vehicle damage patterns, skid marks, and any video to sort out which impact started the sequence and which drivers lacked a safe following distance. Responsibility may be split among multiple drivers under Texas’ proportionate responsibility.
How is fault decided if no officer responded?
Other evidence fills the gap: photos, witness statements, estimates, medical records, and any available dashcam or nearby camera footage. For commercial vehicles, ELD and ECM data help time events to the second and show speed and braking.
Will PIP delay my liability claim?
No. PIP is designed to pay early and quickly for medical bills and part of your lost income regardless of fault under § 1952.152. It helps cover immediate costs while the liability claim develops.
What if the other driver was driving for Uber, Lyft, or a delivery app?
Coverage depends on whether the driver was logged into the app and whether a ride or delivery was in progress. For rideshare drivers, coverage tiers apply; see Uber’s published policy details on insurance while driving with Uber. We collect app status and company records to confirm which policy applies.
Do I have to give a recorded statement to the other driver’s insurer?
No. You must cooperate with your own insurer under your policy, but you’re not required to give the other insurer a recorded statement. If one is necessary to move the claim forward, prepare first so small wording choices don’t get misread.
How long does a rear-end injury claim take?
Timelines vary wildly. Straightforward property damage might resolve within weeks. Injury claims usually take longer because medical treatment needs time to stabilize. Many resolve within several months; cases with tougher disputes or serious injuries might take longer, especially if a lawsuit becomes necessary.
Let Us Handle the Details So You Can Focus on Healing
You shouldn’t have to track down data, juggle bills, and argue with two insurance adjusters while you’re sore and missing work. We take that off your plate and pursue the maximum compensation available under the law.
The sooner we start, the better the evidence. Call Cowen | Rodriguez | Peacock at (210) 941-1301 for a free and confidential consultation.