Under Texas law, there is a presumption that a driver who rear-ends another vehicle is at fault. This presumption is based on the duty of care of drivers to maintain a safe distance and take careful control of their vehicles to avoid such collisions. However, this presumption can be challenged if the driver of the struck vehicle is found to have contributed to the accident through negligence. If the presumption is rebutted, recovery may be either reduced or barred altogether. Accordingly, for a claim in a rear-end collision case to be successful, the following should be established: 

• Fault of the Defendant – This is automatically presumed by the mere fact that the defendant rear-ended the vehicle of the plaintiff. 
• Lack of Fault by the Plaintiff – It should be shown that the plaintiff did not commit any act that caused the rear-end collision. Otherwise, the defendant can claim that it is not their fault under the “rebuttable presumption.”