Getting rear-ended on I-35 is already stressful enough. Then the other driver — or their insurance company — turns around and says you caused the crash. Suddenly you’re dealing with injuries, a damaged vehicle, missed work, and someone pointing the finger at you. It’s a disorienting position to be in, and a lot of people don’t know what their legal options actually are.

The short answer is yes, you can still sue. Texas law does not bar you from recovering damages just because the other party claims you share some of the blame. What matters is how much fault is actually assigned to each party — and that determination is rarely settled by whatever the other driver says at the scene.

If you’ve been hurt in a rear-end crash on I-35 or anywhere else around Austin, Kelley Wolff Injury Attorneys | Austin Accident Lawyers handles car accident claims throughout Travis County and the surrounding area. This post walks through the key questions injured drivers in Austin are asking right now.

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How Does Texas’s Fault System Actually Work After a Rear-End Crash?

Texas follows a modified comparative fault rule, codified under Texas Civil Practice and Remedies Code § 33.001. Under this rule, you can recover compensation as long as you are found to be 50% or less at fault for the accident. If you are found 51% or more responsible, you recover nothing. If you are found, say, 25% at fault, your damages are reduced by 25%.

This is why the other driver claiming you caused the crash is not the end of the story. What they say at the scene is just their version of events. The actual fault percentages are determined through evidence — traffic camera footage, black box data, skid marks, witness statements, police reports, and expert reconstruction if needed.

Rear-end collisions have a strong presumption in Texas law that the following driver is at fault. The logic is simple: you’re expected to maintain a safe following distance and pay attention. That presumption can be challenged — for example, if you cut someone off sharply, braked suddenly without cause, or had non-functioning brake lights — but the burden of rebutting that presumption sits with the rear driver.

On I-35 specifically, Austin’s busiest and most crash-prone corridor, sudden braking is common due to merging traffic, construction zones, and unpredictable congestion. Insurance adjusters know this and sometimes use it to argue the lead driver contributed to the crash. Don’t accept that framing without evidence to back it up. According to FindLaw, comparative fault rules vary significantly by state, making it essential to understand how Texas applies its own version before accepting any settlement.

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What Evidence Should I Gather After a Car Accident on I-35 in Austin?

The I-35 corridor through Austin is one of the most surveilled stretches of highway in central Texas. TxDOT cameras, business security cameras, dashcams from other vehicles, and even cell phone footage from bystanders can all become useful evidence. Gathering it quickly matters because footage often gets overwritten within days.

After any crash, do these things as soon as you physically can:

Request the police report from Austin Police Department or the Texas Department of Public Safety, depending on where on I-35 the crash happened. That report documents the officer’s initial observations and sometimes includes a fault determination.

Photograph everything — road conditions, your vehicle position, the other driver’s vehicle, skid marks, debris, and any visible injuries on your body. Take photos before vehicles are moved if it’s safe to do so.

Get the names and contact information of any witnesses. People stop, they see things, and they disappear quickly. A witness who saw the other driver tailgating for half a mile before impact is extremely valuable.

Ask your Austin car accident attorney to send a preservation letter to TxDOT and any nearby businesses requesting that they retain any footage. This needs to happen fast — often within 24 to 48 hours of the crash.

The CDC’s traffic injury data consistently shows that rear-end collisions are among the most common crash types in the United States, which means insurance companies have well-developed strategies for handling these claims. You need equally organized documentation to counter their adjusters.

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What Injuries from Rear-End Crashes Qualify for a Car Accident Claim in Texas?

Rear-end crashes can cause serious injuries even at relatively low speeds. Whiplash is the most commonly cited injury, but that term covers a range of cervical spine damage that can result in chronic pain, limited mobility, and long-term disability. Other injuries include herniated discs, traumatic brain injuries from the head snapping forward, shoulder and rotator cuff tears from bracing against the steering wheel, and lumbar spine damage.

Texas law allows you to recover for both economic and non-economic damages. Economic damages include medical bills, lost wages, reduced earning capacity, and the cost of future treatment. Non-economic damages cover pain and suffering, mental anguish, and loss of enjoyment of life.

One critical point: get medical treatment immediately after the crash, even if you feel okay. Adrenaline masks pain. Symptoms from whiplash and soft tissue injuries often don’t appear until 24 to 72 hours after impact, sometimes longer. If you delay treatment, the defense will argue your injuries aren’t serious or aren’t related to the accident.

The Mayo Clinic notes that whiplash symptoms can take time to develop and may include not just neck pain but headaches, dizziness, and cognitive difficulties — all of which are compensable injuries under Texas law. Keep records of every doctor visit, every prescription, every day you couldn’t work or perform normal activities.

If the crash resulted in a fatality, the family may have a separate wrongful death claim under Texas law. Those cases have their own procedural requirements and timelines.

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How Long Do I Have to File a Car Accident Lawsuit in Austin, Texas?

Texas has a two-year statute of limitations for personal injury claims, including car accident claims. That clock generally starts running on the date of the crash. Under Texas Civil Practice and Remedies Code § 16.003, if you miss that deadline, the court will almost certainly dismiss your case regardless of how strong your evidence is.

Two years sounds like plenty of time, but it goes faster than people expect. Insurance negotiations drag on. You’re focused on recovery. Then suddenly you’re approaching the deadline without a settlement and scrambling to file suit.

There are narrow exceptions. If the injured person is a minor, the clock typically doesn’t start until they turn 18. If the at-fault driver fled and their identity was unknown for a period of time, the timeline may be affected. These exceptions are specific and don’t apply to most cases.

Practically speaking, the best time to talk to an Austin personal injury attorney is as soon as possible after the crash — not because you’re necessarily going to file suit immediately, but because evidence preservation, medical documentation, and claim strategy all benefit from early attention. Justia’s legal resources confirm that statutes of limitations are jurisdictionally specific and that missing them eliminates your right to pursue compensation, regardless of the merits of your case.

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What Does a Car Accident Lawyer in Austin Actually Do for You After a Crash?

A lot of people assume they can handle a car accident claim on their own, especially if the crash seems clear-cut. That assumption costs people money.

Insurance adjusters work for the insurance company. Their job is to resolve your claim for as little as possible. They are trained negotiators who handle hundreds of claims a year. You are handling one. That imbalance matters.

A car accident attorney handles the investigation, communicates with the insurance company on your behalf, calculates your full damages including future medical costs and lost earning capacity, and negotiates from a position of knowledge about what similar cases have settled for in Travis County. If the insurance company refuses a fair offer, your attorney can file suit and take the case to trial.

On cases involving disputed fault — exactly like a rear-end crash on I-35 where the other driver blames you — having legal representation is especially important. The opposing insurance company will exploit any ambiguity in the fault narrative. An experienced attorney knows how to present the evidence to counter that.

Kelley Wolff Injury Attorneys | Austin Accident Lawyers takes car accident cases on a contingency fee basis, meaning you pay nothing unless there is a recovery. There is no financial risk in having a consultation. Learn more about our team and our experience handling car accident claims throughout Texas.

Cases involving commercial trucks on I-35 — 18-wheelers, delivery vehicles, semis — involve additional layers of liability, including federal motor carrier regulations and employer liability. Those cases require a different approach than standard passenger vehicle crashes. If a truck was involved in your crash, talk to Austin 18-wheeler truck accident attorneys specifically.

The American Bar Association recommends consulting with an attorney after any accident resulting in significant injury or disputed fault, and that guidance applies directly to rear-end crashes on I-35 where the facts are being contested. Cornell Law School’s legal information database also provides useful background on how comparative negligence doctrines function across jurisdictions if you want to understand the legal framework more deeply.

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Talk to an Austin Car Accident Attorney Before You Settle

If you were rear-ended and the other driver or their insurance company is now trying to shift the blame onto you, don’t accept that framing and don’t sign anything. Once you settle, you almost always waive your right to any future claims related to that crash — even if your injuries turn out to be more serious than they initially appeared.

Our Austin office is available to review your case, answer your questions, and tell you honestly what your claim is worth. We also handle motor vehicle accident claims beyond standard passenger vehicle crashes, including motorcycle and commercial vehicle accidents throughout Texas.

Contact us to schedule a free consultation. You can also call our team directly at (512)-470-6068 or visit our office at 17800 Hamilton Pool Rd Ste. 203, Austin, TX 78738, United States.

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Written by Travis S. Kelley. Read more about the author.