Typically, the driver who rear ends another is responsible. However, if they were rear ended first or the car that was rear ended suddenly stopped or there was a "sudden emergency" then the person who rear ended you may not have been negligent. It's very fact specific.
The person who hits another from behind is responsible the majority of the time. Search Avvo for a car accident lawyer in your city to discuss.
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Texas is a comparative negligence state. This means that your negligence, if any, can be compared with the negligence of the other driver and your settlement or verdict can be "adjusted" based on your percentage of fault.
Practically, this means that the insurance carrier or jury will have to hear both sides and determine what percentage of fault that you can receive. This percentage effects your recovery and your insurance settlement.
A good Personal Injury lawyer in your area can further explain these issues to you. I recommend that you do so as soon as practical after the collision.
A person who hits you from behind is not necessarily liable to you. The fact that a ticket was issued will not help you with the insurance adjuster and is not normally admissible at trial of the case, if it gets that far.
The attorney who stated that Texas is a comparative negligence state is correct. A jury would have to compare your conduct to that of the person who hit you. Unfortunately, if the case should go to trial, the person that hit you will claim that it was the person behind him that caused him to be driven into you.
Your best bet is to get a good personal injury attorney, who will be able to help you with this. She/he will be able to better determine how to assist you. You may have a claim against the person that hit you and the person that he claims hit him.
As you can see, this can get pretty sticky in a hurry. Get a good personal injury lawyer and let that person assist you.
NOTE: Mr. Younger is licensed to practice law in Texas. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Younger strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.
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