By the Beverly Law legal team. Updated November 2026.
Rear-ended in Texas?
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What to do after a rear-end crash in Texas
- Call 911 and get medical care the same day. Whiplash symptoms can be delayed for several days (NINDS).
- Get the officer’s name and the report number. An officer who investigates a crash with injury, death or $1,000 or more in property damage must file a report with TxDOT within 10 days (Transp. Code § 550.062). In Austin, see how to get a police report in Austin.
- Photograph both vehicles, your brake lights and the lane before anything is moved, and get names of witnesses who saw the car behind you.
- Open a PIP claim with your own insurer. PIP pays reasonable medical expenses and lost income for expenses incurred within three years of the crash (Ins. Code § 1952.151).
- Do not give a recorded statement to the other driver’s insurer before you get advice. See what not to tell the insurance company.
- If the driver behind you fled, read our Texas hit-and-run accident lawyer page.
Who is at fault in a Texas rear-end crash
The assured-clear-distance rule. A driver following another vehicle must keep an assured clear distance between them so that, considering the speed of the vehicles, traffic and the conditions of the highway, the driver can safely stop without colliding with the vehicle ahead or veering into other vehicles, objects or people. Outside a business or residence district, a truck or a vehicle pulling a trailer that follows a similar vehicle must leave room, when conditions permit, for a passing vehicle to safely enter (Transp. Code § 545.062).
A broken rule is not automatic negligence. In Louisiana-Pacific Corp. v. Knighten, 976 S.W.2d 674 (Tex. 1998), a three-vehicle rear-end crash in the rain, the Texas Supreme Court held that the trial court properly refused a negligence per se instruction under the predecessor to § 545.062. A statute that requires a driver to stop safely imposes a duty of reasonable care, the same standard as ordinary negligence. The jury had found no negligence, and the Court rendered judgment for the defendants (opinion; citation). Courts of appeals have said the mere occurrence of a rear-end collision is not of itself evidence of negligence, and that the answer depends on all the facts of the case (Pearson v. DeBoer, Inc., 99 S.W.3d 273, 276 (Tex. App.-Corpus Christi 2003, no pet.)).
What that means for you. In Texas, the proof has to show what the rear driver did wrong: speed, distraction, following too close for wet roads or heavy traffic. Phone records, dash and traffic camera video, the crash report and the damage pattern carry that weight.
The sudden-stop and sudden-emergency arguments. A driver may not stop or suddenly slow without first giving a stop signal to the driver immediately behind, when there is an opportunity to give it (Transp. Code § 545.105). In Knighten, the Court also upheld a sudden emergency instruction where there was evidence the car in front stopped without warning on a wet street. Expect the insurer to look for those facts.
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Texas deadlines and the 50% bar
Two years to sue. Suits for personal injury must be brought within two years after the claim accrues; for a death, two years from the date of death (CPRC § 16.003).
The 50% bar. You recover nothing if your percentage of responsibility is greater than 50% (CPRC § 33.001). At 50% or less, your damages are reduced by your percentage (CPRC § 33.012). Because Texas treats the following-distance rule as ordinary care, the sudden-stop argument matters more here. See comparative fault in California, Texas and Washington.
Texas cases are handled by the firm’s Texas-licensed attorneys, Joyce Ondich and John Efstathiou.
Insurance: 30/60/25, PIP and UM/UIM
The other driver’s liability policy. Texas drivers must carry at least $30,000 for injury or death of one person, $60,000 for two or more people, and $25,000 for property damage (Transp. Code § 601.072).
PIP. Personal injury protection is part of every Texas auto policy unless a named insured rejects it in writing (Ins. Code § 1952.152). The insurer need not provide more than $2,500 per person (§ 1952.153), and must pay within 30 days after it receives satisfactory proof of the claim (§ 1952.156). Texas is not a no-fault state; see is Texas a no-fault state.
Uninsured/underinsured motorist coverage. It must be included unless an insured named in the policy rejects it in writing (Ins. Code § 1952.101). See making a UIM claim.
Whiplash, head injuries and how often rear-end crashes happen
Whiplash. The National Institute of Neurological Disorders and Stroke describes whiplash as a soft tissue injury to the neck, also called neck sprain or strain, usually caused by sudden extension and flexion and commonly the result of a car crash. Symptoms can include neck pain and stiffness, headaches, dizziness, burning or prickling sensations, and shoulder or back pain. They may appear right away or be delayed for several days. Most people recover within three months, but some keep having neck pain and headaches (NINDS). Treatment can include ice, pain relievers, physical therapy or a cervical collar, and surgery is rarely needed (MedlinePlus).
Head injuries. The CDC lists motor vehicle crashes among the common ways people get a traumatic brain injury (CDC). A headache, dizziness or trouble concentrating after a crash deserves a doctor’s attention. See concussion or brain injury after a crash and our page on whiplash claims after a car accident. Serious head injuries are covered on our Texas brain injury lawyer page.
Rear-end crashes are the most common kind of police-reported crash in the country. NHTSA’s annual compilation for 2023 counts 1,748,481 rear-end crashes out of 6,138,359 police-reported crashes, or 28.5%. They made up 27.2% of injury crashes (461,282) and 7.2% of fatal crashes (2,701). Only angle crashes caused more injury crashes (NHTSA, Traffic Safety Facts 2023, Table 29).
Rear-end crashes in Texas
TxDOT’s 2025 contributing-factor report lists “followed too closely” as a factor in 20,429 crashes statewide. Of those, 9 were fatal, 139 caused suspected serious injuries, 2,688 suspected minor injuries and 3,152 possible injuries. Driver inattention was listed in 76,918 crashes. A crash can have more than one factor, so these totals overlap (TxDOT 2025 Crash Contributing Factors). Overall, 3,769 people died and 244,534 were injured in Texas crashes in 2025 (TxDOT 2025 Crash Facts).
Our news desk covers these crashes. On October 13, 2026, a 50-year-old man died on southbound I-35 in Waco after his Nissan reportedly rear-ended a cement pump truck, lost power and drifted into the next lane, where a semi struck it. In September 2026, a driver was killed when a passenger vehicle slammed into the back of an 18-wheeler on I-635 in Mesquite that had slowed for traffic. For crashes with big rigs, see rear-ended by a semi truck and our Texas truck accident lawyer page. Local help: Austin car accident and Austin truck accident pages.
Rear-ended by a city, county or state vehicle
The Texas Tort Claims Act waives immunity for injuries caused by a government employee’s negligent use of a motor vehicle within the scope of employment (CPRC § 101.021). The governmental unit is entitled to notice within six months, and city charters can require it sooner (CPRC § 101.101). Liability is capped at $250,000 per person and $500,000 per occurrence for the state and cities, and lower for other local units (CPRC § 101.023).
Rear-end rules in Texas, California and Washington
| State | Following-distance law | What a violation proves | Signal before a sudden stop | Deadline to sue | Your share of fault |
|---|---|---|---|---|---|
| California | No closer than “reasonable and prudent” (Veh. Code § 21703) | Presumed negligence if the elements of Evid. Code § 669 are met; the driver can rebut it | Required when there is an opportunity (Veh. Code § 22109) | 2 years (CCP § 335.1) | Reduces the award, never bars it (Li v. Yellow Cab) |
| Texas | Assured clear distance so the driver can safely stop (Transp. Code § 545.062) | Not negligence per se; the same duty of reasonable care, decided by the jury (Louisiana-Pacific v. Knighten) | Required when there is an opportunity (Transp. Code § 545.105) | 2 years (CPRC § 16.003) | Barred if more than 50%; otherwise reduced (CPRC § 33.001) |
| Washington | No closer than “reasonable and prudent” (RCW 46.61.145) | Evidence of negligence, not negligence per se; DUI is negligence per se (RCW 5.40.050) | Required when there is an opportunity (RCW 46.61.305(3)) | 3 years (RCW 4.16.080(2)) | Reduces the award; does not bar it (RCW 4.22.005) |
Texas is the only one of the three with a general 50% fault bar, and the only one whose high court has ruled out negligence per se for the following-distance statute.
Related pages
- California rear-end collision lawyer
- Washington rear-end collision lawyer
- Texas car accident lawyer
- Texas brain injury lawyer
- Texas hit-and-run accident lawyer
- Rear-end accident: who is at fault?
- Areas we serve in Texas
Common questions
Is the driver who rear-ended me automatically at fault in Texas?
No. Texas requires an assured clear distance (Transp. Code § 545.062), but the Texas Supreme Court treats that as the ordinary duty of reasonable care, not negligence per se (Louisiana-Pacific Corp. v. Knighten, 976 S.W.2d 674 (Tex. 1998)). You still need evidence of what the rear driver did wrong, such as speed, distraction or following too close for the conditions.
How long do I have to sue after a rear-end crash in Texas?
Two years from the crash (CPRC § 16.003). If a government vehicle hit you, notice is due within six months, or sooner under some city charters (CPRC § 101.101).
The insurer says I stopped suddenly. Does that end my claim?
No. Texas drivers must signal before stopping or suddenly slowing when they have the chance (Transp. Code § 545.105), and a jury can assign you part of the fault. You recover nothing only if your share is more than 50% (CPRC § 33.001).
Who pays my medical bills while the claim is pending?
PIP on your own policy, unless it was rejected in writing (Ins. Code § 1952.152). The insurer must pay within 30 days after it receives satisfactory proof of the claim (§ 1952.156).
My neck pain started days after the crash. Is that normal?
It can be. NINDS notes that whiplash symptoms may be delayed for several days. Get checked and keep the records.
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Sources
- Tex. Transp. Code § 545.062
- Tex. Transp. Code § 545.105
- Louisiana-Pacific Corp. v. Knighten, 976 S.W.2d 674 (Tex. 1998), opinion
- Louisiana-Pacific Corp. v. Knighten, citation
- Pearson v. DeBoer, Inc., 99 S.W.3d 273 (Tex. App.-Corpus Christi 2003, no pet.)
- Tex. Civ. Prac. & Rem. Code § 16.003
- Tex. Civ. Prac. & Rem. Code § 33.001
- Tex. Civ. Prac. & Rem. Code § 33.012
- Tex. Civ. Prac. & Rem. Code § 101.021
- Tex. Civ. Prac. & Rem. Code § 101.023
- Tex. Civ. Prac. & Rem. Code § 101.101
- Tex. Ins. Code § 1952.101
- Tex. Ins. Code § 1952.151
- Tex. Ins. Code § 1952.152
- Tex. Ins. Code § 1952.153
- Tex. Ins. Code § 1952.156
- Tex. Transp. Code § 601.072
- Tex. Transp. Code § 550.062
- TxDOT, 2025 Crash Contributing Factors
- TxDOT, Texas Motor Vehicle Traffic Crash Facts, Calendar Year 2025
- NHTSA, Traffic Safety Facts 2023: A Compilation of Motor Vehicle Traffic Crash Data (DOT HS 813 738), Table 29
- National Institute of Neurological Disorders and Stroke, Whiplash
- MedlinePlus (National Library of Medicine), Neck Injuries and Disorders
- CDC, Traumatic Brain Injury Facts and Stats
Important: This page is general information, not legal or medical advice, and reading it does not create an attorney-client relationship. Every case is different; talk to a lawyer about yours. Texas cases are handled by the firm’s Texas-licensed attorneys, Joyce Ondich and John Efstathiou. Last reviewed: November 6, 2026.