Who’s at fault? It’s one of the most important questions in a car accident case and often the first question on a person’s mind after a crash. But the answer can be complicated—especially in a rear-end or left-turn collision in Texas. In this article, we’ll discuss some general rules and important exceptions.
Texas Is an At-Fault State
First, Texas is an at-fault state for car accidents. That means the driver who caused the car accident is legally responsible for paying the costs of the crash. However, things can get complicated when there’s comparative fault and both parties are partially responsible.
Fault in Rear-End Collisions
In Texas, the second driver—the one in the vehicle that was following—is generally considered to be at fault in car accidents. That’s because they had the duty to follow at a reasonable distance and pay attention to vehicles stopping ahead.
However, there can be exceptions. For example, when the first driver:
- Stopped erratically, suddenly or unnecessarily
- Had broken brake lights
- Reversed into the car behind
- Cut into the lane and hit the brakes
Fault can also be complex in multi-vehicle accidents when one driver’s actions cause a chain reaction and several cars crash.
Fault in Left-Turn Collisions
The Texas Transportation Code § 545.152 says that a driver turning left must generally yield to oncoming traffic that’s close enough to be an immediate hazard. However, there are some exceptions, including when the oncoming driver:
- Is speeding
- Runs a red light
- Drives while distracted or impaired
- Has no headlights or drives without headlights at night
A case’s outcome depends on the facts. For example, the traffic signals involved can play a significant part in the outcome. While the law says that left-turning drivers have a duty to yield to oncoming drivers at a green light, this isn’t true at a green arrow. When left-turning drivers have a green arrow at the traffic signal, they have the right of way.
A left-turning driver may not be entirely at fault when something obscured the road, like overgrown bushes or trees, a parked truck or another obstruction that blocked the view. They also may not be entirely at fault if another driver mistakenly waved them through as if the way was safe.
In a Rear-End or Left-Turn Accident, Evidence Is Critical
Because the facts can so heavily influence the outcome of the case, it’s important to collect as much accurate evidence as possible. Photos of the vehicles at the scene, police reports, witness statements and dashcam videos can all play a significant part in telling your side of the story.
Take quick action to make sure evidence is preserved and to get a forceful advocate on your side. To get started, contact our Dallas law firm or call us at 972-450-1418 to schedule a confidential consultation.
