An In-Depth Look at Rear-End Accidents and the Injuries They Cause: Perspectives from a Houston Car Accident Lawyer

By Leonid Kishinevsky | November 20, 2024

An In-Depth Look at Rear-End Accidents and the Injuries They Cause: Perspectives from a Houston Car Accident Lawyer

What is a Rear-End Collision?

A rear-end collision generally refers to a collision when a car moving forward runs into the back of the car directly in front of it, which is often stationary and not moving at the time of impact.

How Common are Rear-End Car Accidents in the United States and Texas?

According to a study performed by the National Highway Traffic Safety Administration, and the Virginia Tech Transportation Institute, rear-end collisions account for approximately 29 percent of all car accidents nationwide and are also the most common type of near-crash incidents, where a car crash was narrowly avoided. Another study by the National Safety Council found that rear-end collisions account for approximately 40 percent of all car accidents where 2 or more vehicles are involved.

Numerous other studies performed at various times have consistently reached similar conclusions. On an annual basis, rear-end collisions account for approximately 30 to 40 percent of all car accidents in the United States.

The Texas Department of Transportation collects data, statistics, and information relating to car accidents throughout the State of Texas. While this data examines and tracks many factors and variables relating to car accidents in the State of Texas, it does not specifically track information regarding rear-end collisions.

However, the Texas Department of Insurance has issued publications regarding the dangers of tailgating and rear-end collisions, citing statistics regarding rear-end accidents in Texas which correspond to the numbers from other studies cited above regarding the high percentage of overall car accidents caused by rear-end collisions, and the correspondingly high numbers of injuries and deaths caused by rear-end car accidents.

How Common are Rear-End Car Accidents in Houston?

In 2023, according to the Texas Department of Transportation, there were 116,521 car accidents reported in Harris County, which includes the City of Houston city limits as well as other areas which are not technically part of the City of Houston but are part of the the Greater Houston area, such as the City of Bellaire, Cypress, and Alief.

The Texas Department of Transportation is the Texas state government agency responsible for construction and maintenance of the state highway system, and support of the state’s maritime, aviation, rail, and public transportation systems.

Because of the large size of the State of Texas, its varying climate and weather conditions, and many other factors which sometimes make the local needs of one Texas community very different from another, the Texas Department of Transportation divides the State of Texas into 25 different districts for administrative purposes.

The Texas Department of Transportation’s Houston District is comprised Harris County and the surrounding counties of Brazoria, Fort Bend, Galveston, Montgomery, and Waller.

According to the Texas Department of Transportation, the total number of car accidents in 2023 for each of the counties in the Houston District are as follows:

  • Brazoria County: 2,093 total car accidents reported in 2023
  • Fort Bend County: 11,597 total car accidents reported in 2023
  • Galveston County: 7,027 total car accidents reported in 2023
  • Montgomery County: 11,249 total car accidents reported in 2023
  • Waller County: 1,456 total car accidents reported in 2023
  • Harris County: 116,521 total car accidents reported in 2023.

Combining the numbers above, for each district the data from the Texas Department of Transportation indicates that there were a total of 149,943 car accidents reported in 2023 for the Houston District as a whole.

Most of the studies regarding rear-end accidents throughout the United States including those discussed above conclude that rear-end collisions account for approximately 30 to 40 percent of all car accidents.

Based on those percentages and the number of total car accidents reported in the Houston District in 2023, approximately 45 thousand to 60 thousand rear-end car accidents occurred in 2023 in the Houston District.

How Common are Injuries and Deaths Caused by Rear-End Car Accidents?

Nationwide, rear-end car collisions cause approximately 31 percent of all injuries caused by car accidents in the United States.

A study by the National Safety Council also found that in the United States, rear-end car accidents are the cause of over 17 percent of all car-accident related deaths.

If a Rear-End Car Accident Happens in Houston, who is at Fault According to Texas Law?

Each situation is different based on the specific facts involved. However, Texas law almost always finds the driver who rear-ended the car in front of them to be responsible for causing the accident.

Some of legal issues that are frequently encountered in situations involving rear-end car accidents in Houston and Texas as a whole are discussed in greater detail below.

What are Some of the Most Common Causes of Rear-End Car Accidents and What Legal Rules and Principles Apply Under Texas Law?

Some of the most common legal principles of Texas law that apply to determining who is at fault for causing a rear-end collision include the following:

  • Rear-End Accidents Caused by a Driver Failing to Maintain a Proper Following Distance

Texas Transportation Code 542.062 Following Distance,, states the following (emphasis added):

  1. An operator shall, if following another vehicle, maintain an assured clear distance between the two vehicles so that, considering the speed of the vehicles, traffic, and the conditions of the highway, the operator can safely stop without colliding with the preceding vehicle or veering into another vehicle, object, or person on or near th

Simply put, Texas Transportation Code 542.062 as quoted above requires a driver to keep enough distance between their vehicle and the vehicle in front to be able to safely stop without hitting the vehicle in front of them.

The Texas Drivers Handbook is the official coursebook published by the Texas Department of Public Safety. The Texas Drivers Handbook teaches new drivers applying for a Texas driver’s license the information covered by the exam that must be passed to obtain a Texas driver’s license, and the information in the Texas Drivers Handbook is also intended to serve as an instructional guide on the best practices for how to be a safe driver. This is why the standard curriculum for Texas Driver’s Education Programs is based on the Texas Drivers Handbook.

On the topic of following distance, the Texas Drivers Handbook provides the following instructions:

You should keep a safe distance between your car and the one in front of you. The faster you drive, the greater the distance you should keep from the car ahead of you. For speeds of 30 mph or less, the minimum time between your car and the one in front of you is 2 seconds with good road conditions. During periods of poor road conditions, allow more time. Using a four-second following interval is the best practice for a beginning or less experienced driver.

  • Rear-End Accidents Caused by Speeding (Failure to Control Speed)

Texas Transportation Code 545.351 Maximum Speed Requirement states the following regarding the maximum speed at which a driver should be operating their vehicle (emphasis added):

(a) An operator may not drive at a speed greater than is reasonable and prudent under the circumstances then existing.

(b) An operator:

(1) may not drive a vehicle at a speed greater than is reasonable and prudent under the conditions and having regard for actual and potential hazards then existing; and

(2) shall control the speed of the vehicle as necessary to avoid colliding with another person or vehicle that is on or entering the highway in compliance with law and the duty of each person to use due care.

In other words, a driver should never drive their car at a speed so fast that the driver cannot avoid hitting another vehicle or person on the road, including the car in front of them.

There is an obvious relationship between speed and following distance: the faster a car is moving, the longer it takes to stop. Accordingly, the greater the speed at which someone is driving, the more following distance they should leave between their car and the vehicle in front of them.

The Texas Drivers Handbook provides the following instructions relating to speed and following distance:

You should adjust your speed and following distance according to your physical condition and the conditions of the vehicle and road. If you are tired or not feeling well, do not drive. Never force yourself to drive.

You should know when to slow down and increase the following distance.

Slow down and increase the following distance when the road is wet. Many drivers find out too late what a small amount of rain can do. Roads become slippery when wet, making your car harder to control. Slow down and make sure you have complete control of the situation at all times.

Slow down and increase the following distance when the road is crowded.

Slow down and increase the following distance when your vision is limited. You should always be able to stop within the distance you can see ahead of your car. In the dark or in bad weather, do not over-drive your range of vision.

The Texas Drivers Handbook also includes a chart which illustrates the principle discussed above- the greater the speed at which a car is moving, the longer it will take to stop. The greater the speed at which someone is driving, the more following distance they need to leave between their car and the vehicle in front of them to avoid causing a rear-end collision. The below chart from the Texas Drivers Handbook shows how the approximate stopping distance of a vehicle increases based on the speed at which the vehicle is traveling and how driving at a faster speed can significantly increase the distance needed to bring a vehicle to a stop.

  • Rear-End Accidents Caused by Distracted Driving from Cell Phone Use or Other Factors

One of the most common causes of all car accidents, including rear-end crashes in the Houston area, is distracted driving. Distracted driving causes a delay in processing and reaction time, increasing the likelihood of a driver causing an accident. This includes an increased likelihood of the distracted driver rear-ending the car in front of them because they were not paying attention.

There are many different factors that can cause distracted driving, and studies have shown that one of the main causes of distracted driving in the United States is cell phone use while driving. However, while cell phone use is one of the leading causes of distracted driving, it is not the only cause. The Texas Drivers Handbook defines distracted driving as performing any activity while driving that shifts your focus away from the task of driving and observing the road conditions around you as you drive your vehicle.

There is no specific section of the Texas Transportation Code that is devoted exclusively to the subject of distracted driving, but other sections of the Texas Transportation Code include the need to pay attention to traffic and road conditions and take them into account when driving as part of the requirements that must be followed by drivers in the State of Texas.

The Texas Drivers Handbook directly addresses the topic of distracted driving and provides the following guidance on the need to avoid distracted driving and to maintain complete focus on the road:

Whenever you are driving a vehicle and your attention is not on the road, you’re putting yourself, your passengers, other vehicles, and pedestrians in danger. Distracted driving can result when you perform any activity that may shift your full attention from the driving task. Taking your eyes off the road or hands off the steering wheel presents obvious driving risks. Mental activities that take your mind away from driving are just as dangerous…If drivers react a half-second slower because of distractions, crashes double.

  • The Texas Transportation Code Includes Several Sections that Regulate and Prohibit Cell Phone Use While Driving, Which is One of the Leading Causes of Rear-End Car Accidents

Notably, the Texas Transportation Code does include several sections which regulate and prohibit cell phone use while driving, which is one of the most common causes of distracted driving in the United States.

Texas Transportation Code 542.4251 Use of Portable Wireless Communication Device for Electronic Messaging makes it a criminal misdemeanor offense punishable by a fine of between $25 and $99 to send or receive text messages on a cell phone while driving (except using hands-free devices). If someone has already been convicted of this offense previously, a second conviction is a misdemeanor punishable by a fine of $100 to $200.

If the prohibited texting while driving caused death or serious bodily injury, then the violation can be classified as a Class A misdemeanor offense punishable by a fine not greater than $4,000 and jail time not greater than one year.

Additionally, a driver under 18 years of age may not use a handheld cell phone device while driving in Texas, except for a few extremely limited emergency situations.

Likewise, drivers in Texas with learner’s permits are prohibited from using cell phones in any form while driving within the first six months of getting their permit.

Similarly, using any handheld cell phone or other electronic device while driving in a school zone in Texas is illegal.

The Texas Drivers Handbook provides the following instructions regarding cell phone use:

Avoid using a cell phone while driving; use may cause distraction and driver inattention. If you must use a cell phone, safely pull off the road and use a hands-free headset.

Who is Responsible for Causing a Rear-End Car Accident Under Texas Law and How is Fault for Causing the Accident Determined?

One or more of the issues discussed above often play a role whenever a rear-end car accident happens. The Texas Transportation Code and the Texas Drivers Handbook often serve as useful guideposts for determining who is at fault for causing a rear-end collision and any resulting injuries and damages.

If someone is injured in a rear-end car accident and makes a personal injury claim, the issue of who is at fault under Texas law would be determined according to the legal principle of negligence.

In simple terms, negligence is a legal concept based on the standard of what a reasonable person would do in the same situation or a similar one. If someone did not meet that standard and their actions were unreasonable under the circumstances, that person would be considered negligent.

For someone to be found negligent in violation of the reasonable person standard, there must also be a legal duty owed to act as a reasonably prudent person in that specific situation. These issues can sometimes get complicated for certain situations, but in relation to the topics discussed in this blog, Texas law is clear that drivers owe a legally recognized duty to others to operate their vehicle safely and in accordance with the reasonable person standard. Some examples of this which often apply to situations involving rear-end car accidents include the following:

  • Along the same lines, Texas law recognizes a duty owed by a driver to other vehicles on the road and their occupants to not drive at an excessive speed and driving at a speed at or below the posted speed limit may still be negligent if a reasonable person would not drive at that speed in the same or similar circumstances. Seay v. Kana, 346 S.W.2d 384 (Houston Tex.Civ.App., 1961, no writ hist.);.

There are many other possible situations and scenarios for how a rear-end accident could potentially occur. If the insurance company of the driver hitting the car ahead of them refused to admit fault, it would ultimately be up to the judge or the jury at trial to determine who caused the accident pursuant to the negligence standard.

Can More Than One Person be Found at Fault for a Personal Injury Claim Caused by a Rear-End Collision in Texas?

The short answer is yes. Texas follows the law of proportionate responsibility (also called “comparative negligence”. If more than one person or entity is alleged to have caused or contributed to any accident, including a rear-end collision, a judge or jury would determine if each of the persons or entities alleged to be at fault was actually negligent based on the evidence presented at trial.

For every person or entity determined to be negligent, the judge or jury would then determine the overall percentage the role of each negligent person or entity caused or contributed to the accident, with the total for all persons or entities found to be negligent adding up to 100%.

Even if a person is found to be partially at fault for causing an accident, they can still recover for their injuries and damages caused by the accident, with their recovery being reduced by the percentage of their fault. For example, if the victim of a rear-end accident was found to be 10% at fault for causing the crash, they would recover 90% of their total damages.

The exception to this is the rule that Texas law does not allow someone to recover any damages if they are 51% or more at fault for causing the accident. The reasoning behind this rule is that a person should not recover compensations if their fault was the biggest factor in causing their accident and resulting injuries.

What are Common Injuries Sustained in Rear-End Car Accidents?

The type and severity of injuries suffered in a rear-end accident can vary significantly depending on many factors which include the following:

  • The type of cars involved in the crash
  • The relative size, weight, and safety features of the cars involved,
  • The speed at which each vehicle was traveling before impact,
  • The force of the impact of the crash,
  • How each vehicle was positioned at the time of the crash
  • How the occupants of both vehicles were positioned in the vehicles at the time of impact, what they were doing at the time of impact, and how their bodies were positioned at the time of impact
  • Whether any occupant of either vehicle involved hit any part of their body on something inside their vehicle from the impact
  • Whether either vehicle, but especially the rear-ending vehicle was accelerating or decelerating at the time of impact and to what degree

Depending on the factors listed above and other details about how the crash occurred, there are many types of possible injuries that could be caused by a rear-end car crash. These can include the following:

  • Sprain, strain, soreness, and soft tissue damage in the neck, sometimes referred to as “whiplash”
  • Soft tissue pain, muscle pain, stiffness, muscle spasms, and overall discomfort in your upper back, mid back, or lower back, which may be a soft-tissue injury or which may indicate a more serious spinal cord injury
  • Radiating pain, numbness, or tingling in your neck, shoulders, arms, and hands
  • Radiating pain, numbness, or tingling in your lower back and legs
  • Headaches, restlessness, inability to tolerate bright lights or loud noises for extended time periods, “brain fog”, irritability, inability to focus, and other mild-to-moderate symptoms of a concussion or Traumatic Brain injury (TBI)
  • Swollen ,bruised, numb, or sore arms, shoulders, knees, legs, or any other body parts that may have hit any part of the inside of your vehicle as a result of the crash

What Should I do if I was Involved in a Rear-End Car Accident in Houston?

  • Call the police. If you or someone else involved in the crash may need to be transported to the hospital, you should call 911 immediately. If the situation does not appear urgent, you can choose to contact the police via the police department’s non-emergency number(s). The downside to this approach is that it may take significantly longer for police to arrive if they are summoned in this way rather than a 911 call. If you suspect the driver who rear-ended you may have been under the influence of drugs or alcohol at the time of the crash, you should call 911 and make it clear to the operator answering the call that you think the other driver may have been intoxicated when the crash happened.
  • Try to get photos or videos of both vehicles in their original positions at the crash scene before they are moved, if it is possible to do so safely. Likewise, if the other driver appears possibly intoxicated or impaired, try to get photos or videos documenting this information if you are able to do so safely.
  • One of the first things you should try to do right after the crash happens if you are able is to take a clear photo showing the vehicle that hit you and their license plate. If the other driver decides to flee the scene before providing you their information, you will have a much better chance of locating them if you were able to obtain this information and can provide it to a police officer.
  • Take photos of the damage to your car and the other driver’s car- if it is necessary to move your vehicles from the roadway as soon as possible, it may be easier and more convenient to take these photos at a secondary location after the cars have been moved
  • Exchange insurance information with the other driver and take a photo of the insurance documents they provide you. Akso get their driver license, State ID, passport, or whatever other identification documents they are able to provide you so that you can confirm the identity of the person who was actually driving the car when the accident occurred. This is important because the person who was driving the other car when it crashed into you may not be the same person who is listed on the insurance documents they provide you at the crash scene. This does not necessarily mean that there is anything illegal or improper going on, but you may have a much harder time obtaining this information later if it is needed for your personal injury claim and you cannot confirm who was actually driving the car that hit you from the information you obtained at the crash scene.
  • If you have AAA or another towing service and your car is not drivable after the crash, if you are able to do so you may want to call and ask them to come to the crash scene to tow your vehicle after the police officer is finished with their investigation and instructs everyone to move their vehicles to clear the roadway. It will usually take a while for the towing service to arrive. At some point after the investigating officer arrives and completes their investigation, if your car cannot be driven safely and your towing service is not at the scene, you may be forced to have your car towed to a storage lot by one of the random tow drivers who shows up to the scene. Sometimes this scenario is unavoidable, but if you can take preventative measures to have your towing company move your vehicle to a different location instead, you may avoid having to deal with towing and storage fees, as well as the hassle of going through the necessary steps to get your car out of the storage lot.

Should I see a Doctor if I was in a Rear-End Collision?

Yes, even if you do not immediately feel pain or symptoms right after being hit. After a car accident, your body will usually go into fight-or-flight mode, which will normally include releasing lots of adrenaline. Because of this phenomenon, people who were in a car accident often feel nothing for approximately 24 hours before the symptoms from the car accident truly start to be felt, which is why many car accident victims often feel significantly worse on the day after the crash than they did on the day of the accident.

Anytime you were involved in a car accident, it is always a good idea to get checked out by a medical professional as soon as you are able to do so. Unless you are in significant pain or have clearly severe medical symptoms requiring urgent attention, it is not necessary to go to a hospital emergency room. Emergency rooms generally triage patients in order of severity of injury, with the patients who are in the most serious condition being seen first.

If you are experiencing symptoms that may truly require immediate medical attention, you should call 911 and ask to be transported by ambulance to the emergency room of your choosing to make sure that you promptly get the medical attention you need to properly address any significant and/or life-threatening injuries.

If your symptoms are not severe enough to require transport by ambulance and a visit to the emergency room, or even if you feel completely fine immediately after a car accident, it is still a good idea to get examined by a medical professional to have them assess your condition and to confirm that there are no issues or injuries from the car accident that require further attention.

Hopefully, the doctor will give you a clean bill of health and tell you that everything is fine, which would likely reduce some of the anxiety and stress that everyone feels after being injured in a car accident. Conversely, if there was a problem of some kind that was caused by the crash, you would want to know about it as soon as possible so you can take the necessary steps to treat your injuries and symptoms and doing the necessary work to get on the road to recovery.

Should I Hire a Lawyer if I was Injured in a Houston Rear-End Car Accident?

We believe the answer is yes, and the sooner you make that call the better, There are a lot of moving parts to making a personal injury claim in Texas and a qualified, knowledgeable car accident lawyer can help you through these steps so you can focus on recovering from your injuries and not have to worry about the multitude of problems and complications that arise in the aftermath of dealing with a car accident. These include:

  • Getting a copy of the police report
  • Opening an insurance claim, dealing with insurance adjusters, and having to deal with the common tricks, traps, and tactics used by insurance companies to wrongfully deny or underpay injury claims
  • Dealing with your vehicle property damage and figuring out how to get your car fixed or dealing with the process of what happens if your car is deemed a total loss
  • Dealing with the medical bills you owe if you received initial medical treatment from your car accident
  • Figuring out how to get any further medical care you may need
  • Understanding your rights, the relevant circumstances relating to your crash, and whether a settlement offer by the insurance company is truly fair in light of the specific circumstances of your car accident and how it affected you

Hire the Right Attorneys to Hep With Your With Your Injury Claim if Your Were Rear-Emded in Houston.

The car accident attorneys at the Kishinevsky Law Firm PLLC are here to help, and we have helped numerous clients injured in car accidents in the greater Houston area and throughout the State of Texas obtain full and fair compensation for their car accident injury claims. If you or a loved one is involved in car accident, you deserve to be paid the full amount of compensation for your injuries. Before you talk to the insurance company, contact our office today for a completely free and confidential consultation to discuss your case and see how we may be able to help you.

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