Herbert Trial Law

Rear-End Accidents

Rear-End Accidents

Rear-end accidents are one of the most common types of car wrecks. At Herbert Trial Law, our Houston car accident lawyers handle a variety of cases in which a victim sustains an injury after someone crashes into them.

If you’ve been injured in a rear-end collision, it’s important to call our legal team right away. When you work with an attorney, you have an advocate to fight on your behalf. We hold the liable party accountable and seek maximum compensation for all the damages you incur. 

Contact us today to schedule your free consultation.

Why Work With an Attorney?

Generally speaking, a driver who hits someone else from behind is almost always liable for the victim’s damages. However, there are certain exceptions, and insurance companies strive to protect their profits as much as possible. 

While your case seems straightforward, insurance adjustors tend to downplay the severity of rear-end accidents. Moreover, they may try to question the extent or validity of your injuries. 

As personal injury attorneys, we know the impact that a collision can have on your life. When someone else’s negligence causes you harm, you deserve an ally who is more than ready to fight. At Herbert Trial Law, we’re Ready to Win. 


“That’s an old saying about something you can’t get, blood from a turnip. Well, Mr. Herbert and his team did just that for me.”

– David

Liability in Read-End Collisions

When you think of a rear-end accident, liability probably seems clear. To determine liability, you have to find the at-fault driver, and usually, that means the driver who runs into another person. The Texas Transportation Code requires that drivers maintain a safe distance from the vehicle in front of them.

However, there are instances in which drivers share fault, and both drivers have some percentage fault. This is possible under the Texas Modified Comparative Fault rule. As long as you are under 50% responsible for the accident, you can still pursue damages. 

In rear-end collisions, it’s rare for the driver in front to hold full responsibility, but it’s possible, and insurance companies may try to shift fault onto you. 

What Do I Do If I Get Rear-Ended?

As with any car accident, there are some basic steps you can follow to preserve your health and protect your rights. 

Step One: Call 911

Under Texas law, you have to remain at the scene of the accident and call 911 to report the crash. This is true even if the collision seems minor. If anyone needs medical attention, be sure to request an ambulance. 

Once the police arrive on the scene, share the details of what happened and stick to the facts. Never say anything that could imply you were at fault in some way. Then, ask how you can get a copy of the official police report. 

Often, that report is the foundation of your injury claim. It’s the “official” version of what the investigating officer believes occurred.

Step Two: Get the Other Driver’s Insurance & Contact Details

Write down their name, phone number, address, driver’s license number, and insurance information. This goes for every driver involved in the accident. Once you exchange information, write down the make, model, license plate number, and VIN number of each car involved. 

NOTE: Typically, the VIN in is in the corner where the dashboard and windshield meet.

Step Three: Document the Scene

Gather Evidence at the Scene of the motor vehicle collision

As long as it’s safe, document the scene of the accident with your phone. Take pictures and videos from different perspectives to show the damage to each car.

Additionally, photograph the environment:


  • Tire marks
  • Property damage 
  • Relevant signs or traffic signals
  • Weather conditions
  • Road hazards

Step Four: Witnesses

If there are any witnesses present, ask for their names and contact information. Then, ask if they are willing to provide a written testimony. This testimony can be a crucial piece of evidence in your car accident claim. 

Step Five: Write It Down

Write down your memories of the event while it’s fresh. Try to document all the details about the accident, from the time and location to the position of the cars, road hazards, and anything that might be remotely relevant. 

Ready to Win for You

“Kyle and his team are phenomenal communicators and will fight for you no matter how small the case is. I will forever be grateful for the help they gave me. 10/10 would recommend to anyone for legal matters.”

– Cassidy

Common Causes of Rear-End Accidents

Rear-end accidents often occur because a driver is distracted, under the influence, or tired. However, there are many potential causes and factors that lead to the collision. When you understand why these accidents happen, you can see how to build a stronger case and fight for maximum compensation. 

  • Distracted driving is a leading cause of these collisions. Eating, drinking, using the phone, or talking to passengers are all common distractions that pull a driver’s attention from the road. 
  • Fatigue is a common factor because it slows people’s reaction times. Moreover, they can have impaired judgment and a hard time staying in the correct lane. 
  • Driving under the influence similarly impairs judgment and reaction times, leading to rear-end collisions. 
  • External factors also play a role, from the weather, road conditions, and behavior of drivers not directly involved in the accident. 

Common Injuries

Injuries from rear-end crashes vary with the severity of the accident. Here are some of the most common injuries resulting from rear-end car wrecks. 

  • Broken bones
  • Brain injuries 
  • Internal injuries 
  • Whiplash/soft tissue damage
  • Spine and back injuries

The majority of injuries qualify for compensation. If you are in a rear-end crash, it’s important to seek medical attention immediately. This is your top priority after any car accident, even when you feel fine. 

Your doctor’s treatment is important to your health, but it’s also important for your injury claim. When you seek out a medical evaluation from a professional and follow their treatment plan, it connects your injuries to the accident. 

Works Hard for Clients
“He definitely knows his stuff and made sure that I too understood what was going on with each phase of my case. Kyle constantly kept me up to date on the progress of my case, I never felt left in the dark or uncertain.”
– Amanda

How Can An Attorney Help Me?

An attorney helps by analyzing the evidence, negotiating with the insurance companies, and fighting for your best interests. At Herbert Trial Law, our lawyers guide you through the process to ensure you protect your rights. 

In pursuing your best interests, our main goal is to secure a settlement agreement that meets your needs. To do so, we thoroughly assess your damages, gather information, and negotiate with the adjusters. 

Often, people shirk away from personal injury lawyers because they believe they cannot afford one. However, we operate on a contingency fee basis, which means you pay nothing until we win your case. We want to relieve your burden, not add to it. 

In order to protect your rights and attain a settlement that is fair, it’s a good idea to work with an experienced accident attorney. When you schedule your free consultation, we explain your options and help you understand the best way to secure the compensation you deserve.

See What Herbert Trial Law Can Do For You

Whether you sustain whiplash, a back injury, or any other injury, you deserve justice. After a rear-end accident, you have rights. Call our law firm, and let us show you that we are the legal team needed to fight for the compensation you deserve. 

At your free consultation, you’ll see that our team is always Ready to Win.

    Call Us Now.

    10 minutes can make all the difference.

    Ready to Win?

    Schedule a FREE Consultation



      This was my first time being in this type of situation and I’m glad I chose them to fight for me.

      – Taylor