Rear End Accidents in Texas – Who is at fault?

Every rear end accident is different. Even though most people may think the rear-ender is always at fault, this is not always so.

Injured in an auto accident? Call (832) 463-1003 to speak to an attorney.

When is the rear-ender not at fault?

Sometimes, the rear-ender can claim they were in a Sudden Emergency such as when a sudden health incident occurs that a reasonable person could not avoid.

Other times, the rear-ender could say that the accident was Unavoidable such as when a car hits you to avoid a running child on the street. These are just some of the reasons that could help rear-enders avoid fault in the eyes of the law.

Insurance adjusters also attempt various ways to get you to admit that their clients were not at fault for rear ending you.

A tactic that adjusters use is to sympathize with you and acknowledge you were not at fault. Then, they would ask questions that seem harmless by suggesting that the accident seemed to occur due to something “sudden” or “unavoidable.”

Once you agree that you were rear ended by circumstances outside of the rear ender’s control, your statement will go down on reports that the insurance company will use to avoid accepting 100% liability.

While you may believe that the driver that rear-ended you is completely at fault, a Texas jury could find one, both, or neither driver at fault for the car crash.


If you gave a recorded statement and admitted that the crash occurred due to something sudden, unavoidable, or something you did, the jury may not find the rear ender 100% at fault and you may not be able to recover the property and bodily injury damages from the auto insurance company that you’re entitled to.


Because the insurance company’s goal is to pay the least amount possible on a claim, it is very important that you seek advice from an experienced car wreck attorney immediately after being involved in an auto crash and before you speak to the insurance adjuster.

For help on what to do after an accident, please call (832) 463-1003 for a free consultation!