Most of the time you will be at fault if you hit a car from behind. Police often assume the person was driving too fast or was not paying attention and ticket the person at the back of the crash. Many people believe it is the law of the land. The Policy Source in Austin, TX explains a few of the exceptions.
What is the law concerning rear-ending another car?
Usually, these accidents are caused by someone following too closely, and they cannot stop when the car in front of them stops or slows down. This could be because of distracted driving, following too close, or even intoxication. In Texas, you should stay one car length behind per 10 MPH. At 50 MPH you should be five car lengths behind the car in front of you.
How is liability determined?
Texas is an “at fault” state, which means the driver ruled responsible for the accident is responsible for all damages. Lawyers may challenge who was at fault if an accident were to go to court.
When is it not your fault?
It is not your fault if the other driver did something wrong that made you unable to stop on time. Here are some cases where you would not be at fault.
- If a car pulls out in front of you and you are too close to avoid hitting it,
- Swerving too close to you in traffic.
- Brake checking or braking too suddenly.
- No brake or tail lights
- Not signaling when turning or changing lanes
- Parked in the roadway
- Stopped in the roadway with no lights flashing.
Give The Policy Source a call.
The Policy Source in Austin, TX can explain all your insurance options, and they would like to remind you to stay a safe distance behind other traffic on the highway.