In most cases, if your car is hit from behind, the driver of the other vehicle is responsible for the accident. This is because Texas law generally requires drivers to be aware of what others are doing in front or around their vehicles. However, other variables may also need to be considered when determining liability in any specific incident.
Did you make any unusual moves prior to the crash?
If you were stopped at a red light when your car was struck from behind, it’s unlikely that you would be liable for the crash. However, if you were struck after arbitrarily hitting your brakes while traveling on the highway, you may be at least partially negligent for the crash. The same might be true if you decided to go in reverse with little or no warning and collided with the vehicle behind yours.
Were you impaired or distracted at the time of the crash?
It’s important to note that hitting the brakes to avoid a person or object isn’t necessarily a negligent act. The same might be true of putting your car in reverse to avoid being hit by a falling tree branch or by a car traveling the wrong way down the street. However, if you took such actions while impaired or distracted, you may be liable for any resulting collision. In fact, you may be cited for driving while impaired or distracted even if that wasn’t the proximate cause of a car accident that you were involved in.
If you are involved in a rear-end crash, you may be entitled to compensation for any damages that you incur. However, this is generally only true if the other driver involved in the wreck was negligent in causing it to occur.