While you might be presumed to be at fault as the rear driver in a San Antonio rear-end crash, some exceptions may hold the front driver completely or partially at fault for the accident. Here are some things you should know about this situation:
The Rear Driver Is Usually at Fault
In most rear-end crashes, the rear driver is usually held liable. This is because all motorists are expected to maintain a safe following distance from the vehicle ahead. Even if the driver ahead suddenly stops, there should be no collision if you keep a safe following distance, in which you can come to a complete stop in the space between you and the other vehicle.
There Are Exceptions to This Rule
While the rear driver is often found at fault for rear-end crashes, there are exceptions when the lead driver may be found partially or completely at fault for the accident, such as:
- The lead driver drops suddenly for no reason.
- The lead driver has burnt out or malfunctioning brake lights.
- The lead driver makes unsafe maneuvers
- The lead driver fails to signal before turning or changing lanes.
The Lead Driver Could Have Been Brake Checking
Another possibility is that the front driver is brake-checking. Brake checking involves intentionally slamming on the brakes without warning. This is often done to harass or intimidate the driver behind. The driver may perform this unsafe practice in retaliation against another driver who they feel slighted them.
Brake checking is an extremely dangerous action, often considered a form of road rage. When a driver slams on their brakes to try to get a trailing driver to back off, they can cause a collision.
Brake checking can be considered a form of reckless driving in Texas, which occurs when a driver drives a vehicle in a way that displays a “willful or wanton disregard for the safety of persons or property.” In addition to facing potential criminal penalties for these actions, reckless drivers may be held liable in civil claims against them.
Texas Uses a Modified Comparative Negligence System
In some rear-end crashes, both drivers may share fault. Under Texas’s modified comparative negligence system, you can pursue compensation for your injuries if you are determined not to be more than 50% at fault.
For example, if a driver in front of you suddenly stopped without warning and there wasn’t much time to stop, a jury could find that the lead driver was 70% at fault for the accident. In that case, you could still recover compensation, but it would be reduced by 30% of your fault. However, if the jury found you were 70% at fault for the crash, you would not be able to recover any compensation.
Contact Our Experienced Car Accident Lawyers for Legal Assistance
If you were involved in a rear-end crash and think the other driver was to blame, an experienced car accident lawyer from George Salinas Injury Lawyers can help you gather compelling evidence, such as dashcam footage, traffic camera videos, and witness statements. Reach out to George Salinas Injury Lawyers for a free consultation.