Rear-End Collision in San Antonio: Your Rights and Next Steps

After a rear-end collision in San Antonio, check yourself and your passengers for injuries. Whiplash, concussions, and back injuries are extremely common in rear-end impacts but symptoms often do not appear immediately. Call 911 if anyone is injured. Under Tex. Trans. Code 550.021, all drivers involved in an accident resulting in injury or death must immediately stop and remain at the scene.

Even if the damage seems minor, call police and request a report. Under Tex. Trans. Code 550.062, officers must investigate crashes involving injury, death, or property damage exceeding $1,000. The responding officer will document vehicle positions, damage, road conditions, and statements from both drivers. This report is a critical piece of evidence for your claim.

If you are physically able, move your vehicle out of the travel lanes to prevent secondary collisions. San Antonio freeways carry enormous traffic volumes — a stopped vehicle on I-35 through downtown, I-10 near the Medical Center, or Loop 410 creates a serious hazard for secondary crashes. Turn on your hazard lights and stay behind the guardrail if possible.

Photograph the damage to both vehicles from multiple angles. Focus on the rear of your vehicle and the front of the other vehicle — this shows the point of impact. Also photograph skid marks (their length indicates the other driver's speed and braking distance), road conditions, traffic signals, weather conditions, and any visible injuries you or your passengers have.

Exchange information with the other driver: name, phone number, insurance company, policy number, driver's license number, and license plate. Get contact information from every witness. In a rear-end collision, witnesses who saw the other driver following too closely, looking at their phone, or speeding before impact can be extremely valuable for your case.

Write down everything while it is fresh. The exact time, your speed, the traffic conditions, whether you were stopped or moving, and what you felt on impact. Did you see the other vehicle in your mirror before the collision? Were they on a phone? Texting while driving is illegal in Texas under Tex. Trans. Code 545.4251. Your memory will fade, and a written account from the scene is more credible than one recalled weeks later.

Texas law creates a rebuttable presumption that the rear driver is at fault in a rear-end collision. The legal basis is Tex. Trans. Code 545.062, which requires every driver to maintain an assured clear distance — enough space to bring the vehicle to a stop without colliding with the vehicle ahead. If you rear-end someone, the presumption is that you violated this duty.

This presumption gives the lead driver — the person who was hit from behind — a significant advantage. You do not need to prove the rear driver was distracted, speeding, or tailgating. The fact that they hit you from behind is, by itself, evidence of negligence. The rear driver bears the burden of explaining why the collision was not their fault.

The rear driver's insurance company knows this presumption exists. In straightforward rear-end cases where the lead driver was stopped at a light or in traffic, fault is rarely disputed. The insurance fight typically shifts to the value of your injuries — how much your claim is worth, not who caused the crash.

The presumption is rebuttable, meaning the rear driver can overcome it with evidence. Recognized exceptions in Texas include brake checking (the lead driver intentionally slammed their brakes to intimidate the following driver), sudden stops without a valid reason on a highway where stopping is unexpected, non-functioning brake lights that gave the rear driver no warning of deceleration, cutting off (an unsafe lane change that placed the lead vehicle directly in front without sufficient distance), and reversing into the rear vehicle.

If the lead driver was partially negligent, Texas proportionate responsibility applies (Tex. Civ. Prac. & Rem. Code 33.001). A jury assigns fault percentages to each party. You can recover damages only if you are less than 51% at fault. If you are found 20% at fault and the rear driver 80% at fault, your damages are reduced by 20%. But if you are found 51% or more at fault, you recover nothing. This is a critical difference from pure comparative negligence states.

Dashcam footage is the single best piece of evidence for establishing or rebutting the rear-end presumption. If you have a dashcam, save the footage immediately and make backup copies. If you do not have a dashcam, check nearby businesses for surveillance cameras — San Antonio businesses along I-35 frontage roads, Loop 410 service roads, and major intersections often have security cameras that capture crashes.

Whiplash is the signature injury of rear-end collisions. The sudden force snaps your head forward and then backward, straining the muscles, ligaments, and tendons in your neck. Approximately 80% of whiplash cases result from rear-end impacts. Roughly 43% of whiplash victims experience symptoms lasting more than a year, and about 30% of whiplash injuries occur at speeds below 10 mph — meaning even a low-speed fender bender can cause real damage.

Beyond whiplash, rear-end collisions commonly cause concussions and traumatic brain injuries (occurring in approximately 20% of rear-end crashes), herniated or bulging discs in the spine, broken bones in the wrists and arms from gripping the steering wheel, rib fractures from the seatbelt, and facial injuries from airbag deployment. These injuries range from weeks of recovery to permanent disability.

The critical point for your claim: many of these injuries have delayed onset. Whiplash symptoms may not appear for 24 to 72 hours. Concussion symptoms can emerge days later. If you wait weeks to see a doctor, the insurance company will argue your injuries are unrelated to the crash. University Hospital — San Antonio's only civilian Level I trauma center — treats the most serious crash injuries. For less severe injuries, visit an urgent care or your primary care physician within 24 hours.

In a clear rear-end collision, the rear driver's liability insurance is responsible for your damages. Texas requires all drivers to carry minimum liability insurance of 30/60/25 — $30,000 per person bodily injury, $60,000 per accident bodily injury, and $25,000 for property damage (Tex. Trans. Code 601.072). In a serious rear-end collision producing spinal injuries or traumatic brain injury, these minimums may fall far short of your actual damages.

The rear driver's insurance adjuster will likely contact you quickly. They may seem friendly, but their goal is to settle your claim for as little as possible. They may ask for a recorded statement — you are not required to give one. They may offer a quick settlement before you know the full extent of your injuries. Do not accept any settlement until you have completed medical treatment and understand your total damages.

If the rear driver was uninsured — approximately 14.1% of Texas drivers lack insurance according to the Insurance Research Council — your uninsured motorist (UM) coverage applies. Texas law requires insurers to offer UM/UIM coverage, but you can reject it in writing. If you never rejected UM coverage, it may be included in your policy. Check your declarations page.

Texas has a 2-year statute of limitations for personal injury claims (Tex. Civ. Prac. & Rem. Code 16.003). This clock starts on the date of the crash. If you are filing against a government entity — for example, if a city bus or military vehicle rear-ended you in San Antonio — you must file a formal notice of claim within 6 months under the Texas Tort Claims Act (Tex. Civ. Prac. & Rem. Code Chapter 101).

For minors injured in a rear-end collision, the 2-year clock is tolled until the child turns 18. For wrongful death claims, the 2-year period runs from the date of death, which may differ from the date of the crash.

Do not wait. Evidence degrades over time. Dashcam and surveillance footage gets overwritten — most systems record over footage within 30 to 90 days. Witnesses move away or forget details. Skid marks fade. The sooner you document the crash, get medical treatment, and begin the claims process, the stronger your case will be.

Were you rear-ended in San Antonio? Take our free 2-minute assessment. You will answer a few questions about your accident and injuries, and we will provide a personalized report covering your potential claim — including how Texas fault presumption applies, what your injuries may be worth, and whether connecting with a San Antonio personal injury attorney makes sense for your situation.

Someone hit you from behind. Texas law puts the burden on them to explain why. Start with the assessment at /assessment/. It is free, confidential, and takes less time than filling out an insurance form.