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Tailgating, when one driver follows another too closely, is a leading cause of rear-end collisions in Texas. If you’ve been hit from behind in Bryan, TX, you may be wondering if you can sue the at-fault driver. The short answer: yes. Texas law presumes the tailgating driver is negligent, but proving your case requires strong evidence and legal strategy. This post by our Bryan car accident attorneys explains your rights, what to expect from insurers, and how to protect your claim after a tailgating crash in Brazos County.
Texas Law on Tailgating and Rear-End Collisions
What the Law Says
Under Texas Transportation Code §545.062, drivers must maintain a safe following distance based on speed, traffic, and road conditions. Tailgating violates this rule and is considered unsafe driving behavior. If a driver fails to leave enough space and causes a rear-end collision, that violation can be used as evidence of negligence.
Legal Presumption of Fault
In Texas, rear-end collisions often trigger a legal presumption: the driver who hit you from behind is presumed to be at fault. A rear-end accident does not automatically make the rear driver liable. Instead, there is a rebuttable presumption that the rear driver failed to maintain a safe driving distance.
However, the rear driver can overcome this presumption only by presenting strong evidence, such as proof of brake light failure or an unforeseeable emergency. Common defenses like “the car in front stopped suddenly” usually fail unless the rear driver has strong evidence to support their claim.
Local Context in Bryan, TX
In Brazos County courts, this presumption of fault generally holds unless the at-fault driver can present compelling evidence. Local judges and juries often give significant weight to dashcam footage and police reports. If you file a claim in Bryan, having clear video or photographic evidence can make a major difference in the outcome.
Common Injuries and Insurance Pushback After a Tailgating Crash
Typical Injuries
Rear-end collisions caused by tailgating often result in:
- Whiplash, which can affect up to 83% of rear-end collision victims
- Soft tissue injuries to the neck and back
- Concussions or mild traumatic brain injuries
- Spinal injuries, especially in higher-speed impacts
In rear-end crashes where the speed difference exceeds 35 mph, the risk of serious injury increases significantly.
Insurance Company Tactics
Insurance companies often try to reduce or deny tailgating claims by arguing:
- The victim made a “sudden stop”
- Poor visibility or weather contributed to the crash
- The victim shares fault under Texas’s modified comparative negligence rule
In Texas, if you’re found to be 51% or more at fault, you can’t recover damages. That’s why insurers push hard to shift blame.
Why Medical Documentation Matters
Even if your vehicle shows little or no damage, you may still have a valid injury claim. Soft tissue injuries and whiplash often don’t appear on X-rays but can be diagnosed through MRIs and medical evaluations. To protect your claim:
- Get a medical evaluation as soon as possible as delays
- Follow up with all recommended treatment
- Keep detailed records of your symptoms and medical visits
Delays in medical care after a rear-end accident may be used by the insurance company to challenge your claim. Prompt medical care strengthens your case.
Building a Strong Tailgating Accident Claim in Bryan
Key Evidence to Collect
To support your case, gather as much evidence as possible. The following items are especially helpful in tailgating claims:
- Dashcam footage, which can capture disputed facts
- Photos of vehicle damage, especially underride marks on your rear bumper
- Images of the accident scene, including skid marks and traffic signs
- Witness statements and the official police report from Bryan PD
- Telematics data from your vehicle or the other driver’s
- Expert accident reconstruction reports, if needed
This evidence can help prove the other driver was following too closely and failed to react in time.
Legal Representation
Scott Scherr at The Payne Law Group can help you navigate the legal process and push back against insurance company tactics. He offers experience with Brazos County courts and understands what evidence resonates with local judges and juries. Having the right legal advocate can make the difference between a denied claim and a fair settlement.
What to Do After a Tailgating Crash in Bryan, TX
If you’ve been rear-ended by a tailgating driver in Bryan, TX, don’t assume the insurance company will do the right thing. Act quickly and gather the right evidence to protect your rights. Contact Scott Scherr at The Payne Law Group today for a free consultation. He and his team can help you understand your rights and fight for the compensation you deserve.