Can You Be Found Liable Even If Your Car Was Rear-Ended In A Crash?
One minute you’re driving along in the state of Texas, the next you’re involved in a rear-end crash. Can you still be found liable if you’re rear-ended?
Typically, the answer is no. When someone hits you from behind, it is almost always their fault. But there are certain instances when the driver in front stops short or otherwise does not give the driver behind him or her enough time to stop, and in these cases the driver in front may be considered at least partially liable.
When The Person In Back Is At Fault
Typically, the driver who rear-ends you is, more often than not, fully responsible for causing the accident. If the driver didn’t allow enough time to stop, then the responsibility lies with him or her. Drivers are required, by law, to leave enough space between themselves and the car in front of them to stop safely in the event the driver in front of them stops short. There should be no reason for the driver behind you to hit you.
No matter the reason, and there are many of them, when someone hits you from behind it is almost always that driver’s fault. This is true even if the situation was out of his control, like his brakes failed or he slipped on an icy road. But there are those rare instances when the driver in front is held accountable. This is why, no matter how at-fault you believe the other driver to be, you may still require a car accident lawyer to help you defend your case.
When The Other Driver Says You Are At Fault
Those same rules that apply to the driver who does the rear-ending can also apply to the person being rear-ended. For instance, you’ve probably always heard that the driver in back is always at fault, no matter how many cars end up rear-ending each other as a result. While this may be true, the other driver may argue that you should be held liable for not keeping your distance from the car that you ended up hitting.
It stands to reason that if the other driver is being held liable for multiple accidents, rather than just the one, he’s going to try to blame you for causing the accident in front of you to save himself some grief. However, the law is on your side here. The person who rear-ends the first car in an accident is at fault, no matter how many cars in front of him are affected as a result.
You may need a traffic accident lawyer who specializes in rear-end collisions to assist you with your case. The insurance company wants you to settle for less than you deserve before you have time to realize that you are actually entitled to much more. Our lawyers have no problem going toe-to-toe with them to make sure you are compensated accordingly.
When You May Actually Be At Fault
Though it is rare, there are times when the person who was rear-ended is found at least partially liable for the crash. In these cases:
- The driver in front suddenly puts the car in reverse.
- He stops to make a turn…and doesn’t complete the turn.
- His brake lights fail.
- He gets a flat tire but does not pull over, nor does he put on his hazard lights to warn other drivers.
These are all scenarios wherein the driver in front may be held at least partially responsible for causing the accident. If your situation mirrors one of the above, then you should strongly consider hiring a lawyer to help you. Your situation may be a “it’s not what it looks like” kind of situation, and you will need help defending your case to your insurance company or, and especially, in a court of law.
If You Have Been Involved In A Rear-End Collision In Texas, We Can Help!
You may think you have nothing to worry about, that the other driver is always 100 percent liable in a rear-end crash. However, there are certain situations where you may be deemed the responsible party, and the other driver is going to argue one of these situations to get out of paying for your damages.
A Dallas car accident lawyer can help your insurance company see through the nonsense and get you the help you need. The other driver may be less likely to concoct a story to throw you under the bus if he knows he’s not just going up against you, but your attorney as well.
If you think you’d like a lawyer to help you with your case, then fill out our contact form, or give us a call at 214-305-8277. There is no charge for the consultation, and you are under no obligation to retain us. So give us a call for some free advice today. After all, what do you have to lose?