By As Law Online 
The last thing anybody wants is to get rear-ended.
Another driver hit the car from behind. They must be at fault, right?
Not necessarily.
Determining liability in a rear-end accident is much more complex than most people realize. Believing otherwise can cost victims thousands of dollars in compensation they deserve. Especially when distracted driving is involved, hiring a distracted driving lawyer is the best thing injured victims can do to protect their claim.
Here’s why…
Driving while distracted is a factor in a significant portion of rear-end accidents. Connecting with a Dallas Car Accident Lawyer at Freese & Goss early can help build a strong distracted driving case — before crucial evidence is lost.
What you’ll discover:
- What Is Liability in a Rear-End Accident?
- Is the Driver Behind Always At Fault?
- When the Lead Driver Is At Fault Too
- How Distracted Driving Impacts Liability
- What Victims Need To Do
What Is Liability in a Rear-End Crash?
Liability is legal responsibility for the accident.
In the vast majority of rear-end accidents, liability rests with the driver who struck the vehicle from behind. Why? Because every driver has a responsibility to maintain a safe distance from the vehicle in front of them. When someone gets rear-ended, it’s typically because that following driver didn’t leave enough room to stop.
But here’s the catch…
Liability is not guaranteed. Any number of factors can shift, share, or completely flip fault between drivers. When it comes to liability, both drivers can be found partially (or completely) at fault. Understanding liability is essential to protecting the right to fair compensation.
Is the Driver Behind Always At Fault?
Technically no. But yes.
Rear-end accidents make up about 29 percent of all traffic accidents causing serious injury, according to the Insurance Information Institute. And drivers in the rear are typically found liable for the crash.
Some common reasons why…
- Following too closely
- Driving distracted (phone, texting, eating, adjusting the radio, etc.)
- Speeding
- Failing to see stopped or slow traffic ahead of time
What to know…
Around 90 percent of rear-end accidents involve a distracted driver behind the wheel looking at their phone, eating, talking to passengers, or being engaged in some other activity. When it comes to proving negligence, having concrete evidence of distracted driving can make a rear-end case much stronger.
3,275 people were killed in distraction-affected crashes in 2023, according to the NHTSA. That number continues to grow each year as distracted drivers turn their attention away from the road.
When the Front Driver Is At Fault Too
Wait, what? The person behind can share liability?
Yes, here’s how.
Certain situations exist where the lead vehicle causes (or shares blame for) the collision. It doesn’t always absolve the driver behind of liability, but it might reduce a victim’s total compensation if they were driving forward.
Things a lead driver can do to share liability include:
- Driving with broken or malfunctioning brake lights
- Slamming on brakes without reason or slowing traffic
- Cutting off another vehicle then braking suddenly
- Pulling backward into oncoming traffic
Imagine driving along and the car in front suddenly stops for no reason. If that driver slams on their brakes without cause — or was driving a vehicle they knew had defective brakes — they can be found partially liable for the accident.
Texas follows comparative negligence rules, which means if both drivers share fault for rear-ending each other, each driver’s compensation gets reduced by their percentage of fault.
Which is precisely why a detailed crash investigation is so important. Insurance companies will go to great lengths to place liability on the victim. Without legal guidance, victims might not realize their settlement has already been reduced by their “fault” in the accident.
How Distracted Driving Impacts Liability
Calling a lawyer because someone was driving distracted sounds complicated. It doesn’t have to be.
Driving while distracted is one of the leading causes of preventable accidents in Texas. And rear-end crashes are no exception.
Here are the facts:
If a driver looks at their phone for 5 seconds at 55 mph, they’ll travel the entire length of a football field without looking at the road ahead. Long enough to miss traffic slowing in front of them and cause a catastrophic rear-end accident.
When investigating a rear-end crash, an attorney will gather some pretty convincing evidence:
- Phone records that detail phone use before and during the crash
- Video footage from dashcams or traffic cameras
- Witness testimony from drivers or pedestrians
- Police reports
Most distracted driving evidence is only useful for a short period. Surveillance video gets taped over. Phone records become more difficult to obtain with time. The sooner action is taken, the better an attorney can protect the claim.
What Should Victims Do Right Now?
Most folks have no idea what to do after being rear-ended.
Here’s what victims should be doing instead:
- Seek medical attention — call an ambulance or go to the hospital to be checked out.
- Call the police and make sure a police report is filed.
- Document everything with photos (the vehicles, road conditions, injuries, etc.)
- Get the contact information of anyone who witnessed the crash.
- Don’t speak to insurance companies without a lawyer present.
- Contact a distracted driving attorney immediately.
Step 6 is one that most people don’t think about. But speaking with an attorney who handles distracted driving cases is often the best way to know fair compensation is being received.
A knowledgeable lawyer will know how to calculate current and future medical bills, lost income, pain and suffering, and even long-term expenses victims tend to forget about after a crash.
Before You Go
Car accidents involving rear-end collisions are far more nuanced than they appear to insurance companies (and insurance adjusters).
Who’s liable depends on the specific facts of each individual accident. And those facts shouldn’t be determined by the insurance company’s first offer. Distracted driving causes countless rear-end crashes, and everyone who gets hurt by someone else’s negligence deserves compensation.
Don’t assume the insurance company has the victim’s best interest at heart.
Knowing who’s liable for the accident — and having the right legal team behind you — can mean the difference between a fair settlement and walking away with thousands less than deserved.