Rear-Ended in Texas: Your Rights and First Steps

Attorney Answer

Being rear-ended usually points to the driver behind you, but Texas law does not make that automatic. There is no statute in Texas that says the following driver is at fault. Fault is decided by the rules of the road and by what each driver actually did.

The rule that carries most rear-end cases is the following-distance statute. Tex. Transp. Code § 545.062(a) says: "An operator shall, if following another vehicle, maintain an assured clear distance between the two vehicles so that, considering the speed of the vehicles, traffic, and the conditions of the highway, the operator can safely stop without colliding with the preceding vehicle or veering into another vehicle, object, or person on or near the highway." Speed matters too. Tex. Transp. Code § 545.351(a) states: "An operator may not drive at a speed greater than is reasonable and prudent under the circumstances then existing." Section 545.351(b)(2) separately requires a driver to control speed as necessary to avoid colliding with another vehicle that is on or entering the highway in compliance with law.

Fault can also be shared. Under Tex. Civ. Prac. & Rem. Code § 33.001, a claimant whose share of responsibility is greater than 50 percent recovers nothing. Below that line, § 33.012(a) reduces the recovery by the claimant's own percentage, and § 33.013(a) makes each defendant answerable only for its own percentage, except in the narrow situations listed in § 33.013(b).

Money usually comes from insurance. Tex. Transp. Code § 601.072(a-1) sets the state minimums a driver must carry: $30,000 for injury to one person, $60,000 per crash when two or more are hurt, and $25,000 for property damage. That is a floor, not a measure of your losses. Your own policy may add two things worth checking: personal injury protection, which Tex. Ins. Code § 1952.152 requires an insurer to offer unless you rejected it in writing and which pays regardless of who was at fault, and uninsured/underinsured motorist coverage, which Tex. Ins. Code § 1952.101 requires unless a named insured rejected it in writing.

What you can do

1. Get examined by a doctor, and keep every bill, record, and discharge instruction. Neck and back symptoms often surface days later.

2. Ask the investigating law-enforcement agency for a copy of its crash report. Texas has no driver-filed crash report; the officer's report is the record.

3. Photograph both vehicles and the scene if you have not already, and keep repair estimates, towing and rental receipts, and proof of time missed from work.

4. Report the crash to your own insurance company and ask, in writing, whether your policy includes personal injury protection and uninsured/underinsured motorist coverage.

5. Do not sign a release or cash a settlement check until you know the full extent of your injuries. A release ends the claim, including for treatment you have not had yet.

6. Ask a Texas personal injury attorney to look at the crash report, your medical records, and the available coverage before you negotiate. Most lawyers offer a brief initial call at no cost, and a few minutes on your specific facts with someone who can ask you questions is worth more than any general guidance, including this page.

⏱ Time limits apply. Tex. Civ. Prac. & Rem. Code § 16.003(a) generally gives two years from the day the claim accrues to sue for personal injury and for property damage, and § 16.003(b) sets two years from the date of death in a wrongful death case. Which date starts your clock depends on your facts, and some situations shorten or extend it. Have a Texas attorney confirm your deadline early rather than late.