This Blog Was Brought to You By J.A. Davis & Associates, LLP – Personal Injury Lawyer San Antonio
Rear End Collision
If someone is tailgating you, that driver is doing something wrong — not you. Under Texas Transportation Code Section 545.062, all drivers are required to maintain a safe and reasonable distance from the vehicles ahead of them, taking into account speed, traffic density, and road conditions. Nearly half of all annual multi-vehicle accidents in the United States are rear-end collisions, making them among the most common and preventable crashes on Texas roads. More about Car Accident Lawyers SanAntonio at J.A. Davis & Associates here.
A rear-end collision is one of the most frequent car accident causes. When struck from behind by a negligent driver, the victim is generally not held responsible for the accident — even if they were completely stopped at the time of impact. Texas law places the duty to maintain safe following distance squarely on the driver behind, which means fault in most rear-end collisions is relatively straightforward to establish. However, straightforward liability does not guarantee fair compensation without experienced legal representation — insurance companies will still attempt to minimize what they pay.
Preventing a Rear-End Collision
All drivers have a legal obligation to maintain an acceptable following distance between their vehicle and the vehicle ahead. The standard guidance is at least three to four seconds of following distance under normal conditions, with greater distance required in rain, fog, or heavy traffic. Flashing brake lights early gives drivers behind adequate warning of upcoming changes in traffic flow, reducing the risk of chain-reaction collisions at high speeds.
Turn signals should be used consistently every time a driver turns or changes lanes — sudden movements without warning leave following drivers no time to react. Distracted driving is a serious national epidemic and one of the leading contributors to rear-end crashes. Texting, adjusting the radio, eating, or engaging with any device while driving removes attention from the road at critical moments. Even a two-second glance away from traffic at highway speed covers significant distance. Drivers who engage in distracted driving and cause rear-end crashes face clear evidence of negligence when phone records and witness accounts document what they were doing at the time of impact.
What to Do After a Rear-End Collision
Even when exercising reasonable care, a rear-end collision with a negligent driver can happen without warning. The immediate aftermath is often confusing and disorienting, but certain steps taken quickly can protect both health and legal rights. First, check on everyone involved in the accident and call 911 for immediate medical assistance. Even injuries that seem minor at the scene — soreness, stiffness, mild headache — can develop into more serious conditions in the days that follow, so medical evaluation should not be delayed or skipped.
Call the police as soon as possible and ensure a formal police report is filed. Official documentation of the accident, including the officer’s observations, any citations issued, and preliminary fault determinations, is vital for any future legal claim. While waiting at the scene, take note of the surrounding conditions — weather, time of day, road surface, and visibility. Obtain the other driver’s license plate number, insurance information, and contact details. If the other driver is uncooperative, law enforcement can assist in obtaining that information. Take photographs of both vehicles, the accident scene, any visible damage, and any physical injuries. Witness contact information should also be collected while people are still present.
Avoid making statements to the other driver’s insurance company before consulting with an attorney. Insurance adjusters are trained to use casual statements to challenge claim validity or reduce settlement values, and what seems like an innocent comment can be used against a victim later in the claims process.
Injuries from a Rear-End Collision
Whiplash is the most commonly discussed rear-end collision injury, and for good reason. When a vehicle is struck from behind, the sudden forward-and-back motion of the head and neck produces soft tissue strain that can cause pain, stiffness, headaches, and limited range of motion for weeks or months. Because whiplash symptoms often develop gradually over the 24 to 72 hours following a crash, victims who feel fine immediately after an accident are sometimes surprised by the extent of their discomfort days later — and may have already made statements to insurers that complicate their claims.
Face and head injuries are also common in rear-end collisions, even with airbags and seatbelts engaged. Safety features are designed to reduce injury severity but do not eliminate it, particularly in higher-speed impacts. Back injuries — including herniated discs, spinal compression, and lumbar strain — frequently result from the compressive forces of a rear-end impact and can produce long-term pain and limitations that affect daily functioning and employment. Concussions and traumatic brain injuries, though less frequently associated with rear-end collisions than frontal impacts, do occur and require careful medical evaluation.
Victims injured in rear-end collisions may be entitled to compensation covering medical bills, future medical treatment, lost wages during recovery, reduced earning capacity for permanent injuries, and non-economic damages for pain and suffering. J.A. Davis & Associates represents injured clients in McAllen, San Antonio, and throughout South Texas. Contact the firm to find out how experienced car accident lawyers can help pursue fair compensation for rear-end collision injuries.