If you’ve been in a car accident, you’re probably familiar with the idea of negligence. Negligence speaks to who is responsible for the accident, and in some cases more than one party can be at fault. A car accident injury lawyer in San Antonio can help you understand how negligence will work in your case.
From a Car Accident Injury Lawyer in San Antonio: Negligence in a Rear-End Collision
The Basics
By default, the following driver is almost always considered negligent in a rear end collision. In nearly all cases, the police and insurance companies will assume that if you hit the driver in front of you, you were following too closely. This applies even if the first driver failed to signal a turn or was driving very slowly because drivers are expected to leave enough following distance to allow for safe emergency stops at all times.
The Exceptions
Brake checking is a type of road rage incident where a driver takes it upon themselves to “punish” another driver or somehow “teach them a lesson” by zooming up in front of them and then immediately slamming on the brakes. Of course, the intention is rarely actually to cause an accident. Instead, the enraged driver usually intends just to scare the other person or get revenge for a perceived slight.
Texas does not have a law specifically prohibiting brake checking, but it does have laws forbidding reckless driving that puts others in danger. The police can and will cite a driver for reckless driving if they are caught engaging in brake checking, and in the event the brake check causes a rear-end collision, the driver may be held primarily or even entirely at fault, depending on the precise circumstances.
The Nuance
Texas is a modified comparative negligence state, which means that anyone 50% or less at fault for an accident can recover compensation for their losses; however, everyone’s compensation will be reduced by the same percentage as their degree of fault. This means it’s very important that negligence be calculated correctly. If you are blamed for more fault than you hold, this will keep you from collecting all you are rightfully owed. On the other hand, you can expect the other party to fight vigorously to reduce their own liability. Check out this site for more on how to protect yourself.
In a rear end collision, as stated, most of the time the driver behind is considered entirely responsible. However, there can be cases where the driver in front is held at least partially responsible, even without brake checking. This could be the case if the driver did not use their signal before turning, were distracted while driving, or broke some other kind of rule of the road. In some cases, there could even be a third party partially at fault, such as if a competent adult pedestrian chose to suddenly step out into the street where there is no crosswalk or in violation of the traffic lights.
Liability matters in these cases, so talk with the lawyer as soon as possible to protect yourself and get the compensation you are owed.
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