Car, motorcycle and pedestrian
Dallas rear-end collision lawyer.
If someone hit you from behind, the law is usually on your side, because Texas requires every driver to leave enough room to stop. The hard part is rarely fault. It is your injuries, because insurers like to say a low-speed bump cannot hurt anyone. We document your treatment from the first day, collect the video and the crash report, and show what that impact really did to you.
Right now
If you were just rear-ended.
- 01
See a doctor within a day or two
Neck, back and head symptoms from a rear impact often show up 24 to 72 hours later. Tell the doctor exactly how you were hit: stopped or moving, looking ahead or turned, and where you feel it.
- 02
Get the police report number
Call police from the scene. If more than two cars were involved, get the name, plate and insurance of every driver, because in a chain reaction more than one of them may share the blame.
- 03
Photograph both bumpers, even if they look fine
Modern bumper covers hide damage. Take close photos of both cars, the road and the traffic, and keep every repair estimate. Hidden damage behind the cover helps show the force of the hit.
- 04
Do not tell the adjuster you are fine
"I'm okay" on day one becomes the insurer's whole defense on day ninety. You do not have to give the other driver's insurance a recorded statement.
- 05
Keep a short daily note
A few lines on your phone: pain level, sleep, work you missed, things you could not do. It is the clearest proof of how the injury affects your life.
- 06
Call us before you sign anything
A fast check for a "minor" crash usually comes with a release that ends your claim for good. The first consultation is free, in English or Spanish.
Key deadlines and numbers
- Deadline to sue
- 2 years from the crashSource: Tex. Civ. Prac. & Rem. Code 16.003
- Following distance
- The driver behind must leave room to stop safely for the speed, traffic and roadSource: Tex. Transp. Code 545.062
- Texting while driving
- Against the law in Texas, and a common cause of rear-end crashesSource: Tex. Transp. Code 545.4251
- Your own PIP coverage
- At least $2,500 for medical bills and lost pay, no matter who was at faultSource: Tex. Ins. Code 1952.152
- If you are partly at fault
- You can recover if you are 50% or less at fault, reduced by your shareSource: Tex. Civ. Prac. & Rem. Code 33.001
Texas law
How Texas law treats a rear-end crash.
The driver behind you has the duty to keep a safe distance and pay attention. When that driver hits you, the evidence of carelessness is usually strong. The insurer knows this, so it shifts the argument to your injuries or tries to put part of the blame on you.
| Who | When they may be responsible |
|---|---|
| The driver who hit you | Following too closely, looking at a phone, speeding, or driving tired or impaired. |
| That driver's employer | The driver was working: a delivery van, a company pickup, a work truck. |
| Other drivers in a chain reaction | A car further back started the chain and pushed the others forward. |
| A driver who cut in front of you | Someone changed lanes and braked hard, leaving the cars behind no room. |
| A vehicle or parts maker | Rare, but brake or automatic-braking failures do happen. |
Strong evidence, not an automatic win
A rear impact is strong evidence the driver behind broke the following-distance rule, but Texas courts do not treat it as automatic. The insurer may claim you stopped for no reason or cut in. Video, the crash report and witnesses usually answer that.
Source: Tex. Transp. Code 545.062Little damage does not mean little injury
Insurers lean on photos of a small dent to call neck and back injuries exaggerated. Bumpers are built to absorb force without showing it, and your body does not have a bumper. Consistent treatment records and your doctors' explanations are what answer that argument.
Medical bills are counted at what was paid
Texas limits recovery of medical expenses to amounts actually paid or owed, not the full sticker price on the bill. That makes it important to keep every bill, every payment and every explanation of benefits.
Source: Tex. Civ. Prac. & Rem. Code 41.0105Fault can still be split
If the insurer convinces a jury you share the blame, your recovery drops by your percentage, and over 50% ends it. That is why we collect the evidence before the other side builds its story.
Source: Tex. Civ. Prac. & Rem. Code 33.012How we work
How we build a rear-end claim.
Mr. Estrada reads your file and sets the strategy. Our team works the details with him, and you get updates in English or Spanish.
01
Save the video and the vehicle data
Preservation letters go out quickly for business cameras, dashcams and the 911 call. Many newer cars record speed and braking in the seconds before a crash, and we ask that this data be kept.
02
Look for distraction
When a driver plows into stopped traffic, we ask why. In a lawsuit we can seek phone records and the driver's own account under oath.
03
Connect the injury to the crash
We gather imaging, therapy notes and your doctors' opinions. When the insurer argues the impact was too small, we work with medical and accident reconstruction professionals who can explain the forces involved.
04
Sort out a chain reaction
When three or more cars are involved, we line up the damage, the statements and any video to show which driver started it and which insurers have to answer.
05
Negotiate, and sue when the offer is not fair
We send a demand backed by the records and negotiate from there. Insurers often lowball rear-end claims. When the offer does not match the evidence, we file and prepare the case for trial.
Who handles it
The lawyer on the sign is the lawyer on your case.
Mr. Estrada has practiced in Texas since 2003, in state court and in the Northern, Eastern and Western federal districts of Texas. He reads the file and sets the strategy, with associates and staff who work the case alongside him. Everything is explained to you in English or Spanish.
What clients say
“He made sure he addressed all of our questions and put us at ease. He never made it seem like we were an inconvenience.”Questions people ask us about money and paperwork.
- Who pays my medical bills right now?
- Usually your PIP first, then your health insurance, or a doctor who agrees to wait until the case resolves. We help set this up so you do not stop treatment for lack of money.
- Will my health insurance want its money back?
- Often, yes. Health plans and hospitals can claim part of a settlement. We check whether each claim is valid and negotiate it down before money is paid out.
- My car was fixed, but it is worth less now
- A car with a crash on its history can sell for less even after a good repair. In some cases you can claim that loss of value from the at-fault driver's insurance. Ask us before you settle the property damage.
- I have no license or no insurance myself
- If the other driver hit you from behind, you can still make a claim for your injuries. You may face a ticket of your own, which is a separate matter we can also explain. Talk to us privately.
Dallas and Odessa
Where we see rear-end crashes.
In Dallas, stop-and-go traffic on I-35E, I-30, Loop 12 and US-67 produces rear-end crashes every rush hour, and many of them become chain reactions. In Oak Cliff we see them at the lights along Jefferson Boulevard, Illinois Avenue and Hampton Road. From our Odessa office we handle rear-end crashes on I-20 and SH-191, where pickups and heavy trucks brake hard in construction zones and oilfield traffic.
FAQ
Questions people ask.
Is the driver who rear-ended me always at fault in Texas?
Usually, but not automatically. Texas requires the driver behind to keep a safe distance, so a rear impact is strong evidence of carelessness. The insurer may still argue you stopped suddenly or cut in, which is why early video and witness statements matter.
My car barely has a scratch. Can I still have a claim?
Yes. Vehicle damage and injury do not always match, and bumpers are designed to hide force. What matters is the medical evidence: prompt treatment, consistent records and a doctor who connects the injury to the crash.
I felt fine at the scene and started hurting the next day. Is that a problem?
It is very common after a rear-end crash, and doctors know it. What hurts a claim is waiting weeks to get care. See a doctor as soon as symptoms start and explain when and how they began.
How much is a whiplash claim worth in Texas?
There is no standard number. Value depends on your treatment, how long symptoms last, missed work, how the injury affects daily life and the insurance available. Anyone quoting a figure on the first call is guessing.
What if I was in the middle of a chain reaction?
You may have claims against more than one driver: the one who hit you and the one who started the chain. Each one's insurer will point at the others, so the evidence has to be sorted out early.
How much does it cost to hire you?
The first consultation is free. Injury cases are handled on a contingency fee, which means the fee comes out of the recovery, not out of your pocket. We explain the exact terms, including case costs, before you sign.
Related situations
- Car accidents
- Multi vehicle crashes
- Delivery and work vehicle accidents
- 18 wheeler and truck accidents
- Hit and run and uninsured drivers
- Brain injuries
- All: Personal Injury
Updated October 2026
This page is general information about Texas law, not legal advice for your situation. Reading it does not create an attorney client relationship. Every case is different, and past results do not guarantee a future outcome.
Two offices
Oak Cliff and Odessa.
Mon to Fri 9 to 5, Sat 9 to 12. Emergencies 24/7 by phone.
Law Office of Olegario Estrada, P.C.
We explain everything.We answer 24/7.Se habla español.
Free consultation by phone, video, or in person. Offices in Dallas and Odessa.