A sudden cease by a number one car can result in a rear-end collision, a typical sort of site visitors accident. Such incidents are notably prevalent in densely populated areas with excessive site visitors quantity, corresponding to these discovered inside the state of Texas. These collisions can vary from minor fender benders to extreme accidents leading to important property harm and private damage. The circumstances surrounding such incidents usually contain figuring out legal responsibility, which could be complicated and rely upon components like following distance, highway situations, and driver conduct.
Understanding the components that contribute to those collisions is essential for enhancing highway security. Texas, with its intensive freeway system and enormous inhabitants, gives a big case research for analyzing these incidents and growing preventative measures. Components corresponding to driver distraction, insufficient following distance, and sudden braking contribute to the frequency of rear-end collisions. Analyzing accident knowledge and driver conduct within the context of Texas site visitors legal guidelines can result in simpler security campaigns and doubtlessly inform coverage modifications.
This text will discover the authorized and sensible implications of rear-end collisions in Texas. Subjects to be lined embrace figuring out fault, understanding insurance coverage procedures, and navigating the authorized course of. Moreover, the article will handle methods for stopping these accidents, emphasizing protected driving practices and the significance of sustaining a protected following distance. Lastly, assets obtainable to drivers concerned in such incidents inside Texas will likely be highlighted.
1. Legal responsibility
Figuring out legal responsibility in rear-end collisions inside Texas usually hinges on the idea of negligence. Whereas the presumption of legal responsibility usually falls on the trailing driver, this is not absolute. Texas legislation requires all drivers to train affordable care, which incorporates sustaining a protected following distance and remaining attentive to highway situations. A sudden cease by the lead car does not routinely absolve the trailing driver of accountability. If the trailing driver can show that the lead car’s actions have been unreasonable or unforeseeable corresponding to a sudden cease with out justification or defective brake lights the dedication of legal responsibility can grow to be extra complicated. As an illustration, if a driver abruptly brakes to keep away from a small animal darting throughout the highway, and a trailing driver, sustaining an inexpensive following distance, nonetheless collides with them, the lead driver’s actions may be deemed a contributing issue to the accident, doubtlessly affecting the legal responsibility evaluation.
The sensible significance of understanding legal responsibility in these conditions can’t be overstated. Legal responsibility determines who bears the monetary accountability for damages, together with car repairs, medical bills, and misplaced wages. Texas is a “modified comparative negligence” state. Because of this if a driver is discovered to be greater than 50% chargeable for the accident, they can’t get better damages. Even when discovered lower than 50% accountable, their harm award will likely be diminished proportionately. This underscores the significance of gathering proof, corresponding to witness testimonies, dashcam footage, and police stories, to ascertain the sequence of occasions and the actions of all concerned events. A radical investigation can considerably affect the result of an insurance coverage declare or lawsuit.
In abstract, figuring out legal responsibility in rear-end collisions in Texas requires a cautious evaluation of the particular circumstances, together with the actions of each drivers main as much as the incident. Whereas sustaining a protected following distance is paramount, different components, together with the conduct of the lead car, play a crucial function. Understanding these nuances is important for navigating the authorized and insurance coverage implications of such accidents and underscores the significance of in search of authorized counsel when crucial. The complexity of those instances emphasizes the necessity for a radical understanding of Texas site visitors legal guidelines and authorized precedents.
2. Negligence
Negligence performs an important function in figuring out legal responsibility in rear-end collisions inside Texas. Establishing negligence requires demonstrating a breach of the obligation of care owed to different drivers on the highway. This obligation includes working a car in a fairly protected method, adhering to site visitors legal guidelines, and anticipating foreseeable hazards. Within the context of a rear-end collision, the main focus usually facilities on whether or not the actions of the concerned drivers met this normal of care.
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Following Distance
Sustaining a protected following distance is a elementary facet of accountable driving. A driver following too intently could lack ample time to react to sudden modifications in site visitors movement, growing the danger of a rear-end collision. Even when the main car stops abruptly, a trailing driver who fails to keep up an enough following distance could be deemed negligent. This precept underpins the rationale behind the “following too intently” site visitors violation. A driver discovered to have violated this legislation is extra prone to be deemed negligent in a rear-end collision.
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Distracted Driving
Distracted driving, together with actions like texting, speaking on the telephone, or adjusting the radio, considerably impairs a drivers skill to react promptly to altering highway situations. A distracted driver could fail to see brake lights or a sudden slowdown in site visitors, growing the probability of a rear-end collision. Even momentary distractions can have devastating penalties, and proof of distracted driving could be a sturdy indicator of negligence in most of these accidents.
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Impaired Driving
Working a car drunk or medicine considerably will increase the danger of a collision, together with rear-end accidents. Impaired driving reduces response time, impairs judgment, and may result in erratic driving behaviors. Proof of impaired driving in a rear-end collision is a transparent indication of negligence and can lead to extreme authorized penalties.
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Mechanical Failure
Whereas much less frequent, mechanical failures, corresponding to defective brakes, can contribute to rear-end collisions. Drivers have a accountability to keep up their automobiles in protected working situation, and failure to take action could be thought of negligence. Nevertheless, if a driver can show that the collision was attributable to an unexpected and unavoidable mechanical failure, they can mitigate their legal responsibility. This usually requires proof of normal car upkeep and immediate repairs.
These aspects of negligence spotlight the complexities of figuring out fault in rear-end collisions in Texas. Whereas the trailing driver usually bears the preliminary presumption of legal responsibility, a radical investigation contemplating all contributing components, together with the actions of each drivers and the situation of their automobiles, is essential for a good evaluation of negligence and the suitable allocation of accountability. This underscores the necessity for detailed accident documentation and, when crucial, authorized experience to navigate the complexities of Texas site visitors legislation.
3. Sudden Stops
Sudden stops are a big consider rear-end collisions, notably in dense site visitors environments like these present in Texas. The physics of such incidents are simple: a car in movement requires time and distance to decelerate safely. When a number one car stops abruptly, the trailing driver could not have enough time or distance to react, leading to a collision. This highlights the essential function of following distance. Even attentive drivers can grow to be concerned in rear-end collisions if they’re following too intently. As an illustration, if a driver slams on their brakes to keep away from an animal operating into the road, a trailing driver, even when alert, could also be unable to cease in time if the next distance is inadequate. In such instances, whereas the animal often is the initiating issue, the proximate explanation for the collision is commonly the sudden cease mixed with insufficient following distance.
The frequency of sudden stops in Texas site visitors contributes to the prevalence of rear-end accidents. Freeway congestion, building zones, and the unpredictable actions of different drivers all enhance the probability of sudden braking. This underscores the significance of defensive driving methods. Sustaining situational consciousness, anticipating potential hazards, and adjusting driving conduct accordingly can mitigate the danger of those accidents. For instance, growing following distance in heavy site visitors or inclement climate gives extra response time, decreasing the probability of a collision within the occasion of a sudden cease. Furthermore, avoiding distractions, corresponding to cell phone use, permits drivers to stay targeted on the highway and react extra successfully to surprising occasions.
Understanding the dynamics of sudden stops and their contribution to rear-end collisions is important for selling highway security in Texas. Whereas not all sudden stops are avoidable, adopting protected driving practices, corresponding to sustaining a protected following distance and avoiding distractions, can considerably scale back the danger of those incidents. Moreover, selling consciousness of the authorized implications of following too intently can encourage drivers to undertake safer driving habits, in the end contributing to a discount in rear-end collisions on Texas roads. Additional analysis and evaluation of accident knowledge might determine particular places or conditions the place sudden stops are notably prevalent, permitting for focused security interventions and public consciousness campaigns.
4. Following Distance
Following distance is intrinsically linked to rear-end collisions, particularly in a state like Texas with excessive site visitors quantity and frequent congestion. A ample following distance gives enough time to react to the actions of the car forward, together with sudden stops. When a number one car stops abruptly, the trailing driver wants time to understand the cease, react by braking, and produce their car to a whole cease with out colliding. Inadequate following distance truncates this response time, growing the probability of a rear-end collision. This cause-and-effect relationship is a elementary precept of highway security.
The significance of following distance as a part of protected driving can’t be overstated. Contemplate a situation on a Texas freeway the place site visitors is transferring at 70 mph. A driver following too intently has considerably much less time to react to a sudden cease than a driver sustaining a protected distance. Even a fraction of a second could make the distinction between a close to miss and a collision. Furthermore, adversarial climate situations, corresponding to rain or fog, additional scale back visibility and enhance stopping distances, emphasizing the necessity for even higher following distances in such circumstances. Understanding these components helps drivers make knowledgeable selections concerning protected following distances, adapting to various highway situations and site visitors movement.
Sensible software of this understanding includes adopting the “three-second rule” or the same methodology for gauging applicable following distance. This rule includes choosing a stationary object on the aspect of the highway and counting the seconds it takes for the trailing car to achieve that very same level after the main car has handed it. Three seconds or extra usually gives ample response time beneath regular situations. Nevertheless, this can be a minimal guideline, and higher distances are sometimes crucial, particularly in adversarial climate or heavy site visitors. Integrating this apply into on a regular basis driving habits can considerably scale back the danger of rear-end collisions, contributing to safer roadways in Texas and past. Failure to keep up a protected following distance cannot solely lead to collisions but additionally contribute to authorized legal responsibility within the occasion of an accident, because it demonstrates a breach of the obligation of care owed to different drivers.
5. Visitors Legal guidelines
Texas site visitors legal guidelines play a crucial function in figuring out fault and legal responsibility in rear-end collisions. These legal guidelines present a framework for establishing affordable driver conduct and outline breaches of obligation that represent negligence. Understanding related site visitors legal guidelines is important for navigating the authorized and insurance coverage implications of such accidents.
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Following Distance
Texas Transportation Code Part 545.343 addresses following distance, prohibiting drivers from following one other car extra intently than is cheap and prudent. This legislation acknowledges that protected following distances fluctuate based mostly on pace, site visitors situations, and climate. A driver failing to keep up a protected following distance and subsequently concerned in a rear-end collision could be cited for violating this legislation, strengthening the argument for his or her negligence and legal responsibility.
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Obligation of Care
Texas legislation imposes an obligation of care on all drivers to function their automobiles safely and keep away from actions that might foreseeably hurt others. This consists of the accountability to stay attentive, drive at applicable speeds, and react promptly to altering highway situations. A driver who stops out of the blue with out a justifiable purpose could also be present in breach of their obligation of care if their actions contribute to a rear-end collision.
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Proof of Negligence
Visitors violations, corresponding to dashing, distracted driving (utilizing a cell phone), or driving beneath the affect, can function sturdy proof of negligence in rear-end collisions. If a police report signifies that the trailing driver was participating in any of those behaviors on the time of the accident, their probability of being deemed at fault considerably will increase.
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Modified Comparative Negligence
Texas follows the modified comparative negligence rule. Because of this a driver discovered to be greater than 50% chargeable for an accident can’t get better damages. Even when discovered lower than 50% at fault, their restoration is diminished proportionally. This authorized precept reinforces the significance of adhering to site visitors legal guidelines, as violations can instantly affect the result of authorized proceedings and insurance coverage claims associated to rear-end collisions.
Within the context of a rear-end collision in Texas, a complete understanding of site visitors legal guidelines is essential for figuring out fault and navigating the authorized course of. Proof of site visitors violations, mixed with components like following distance and obligation of care, shapes the authorized arguments surrounding negligence and legal responsibility. This underscores the significance of in search of authorized counsel following a rear-end collision to guard one’s rights and pursuits beneath Texas legislation.
6. Insurance coverage Claims
Insurance coverage claims grow to be central following rear-end collisions in Texas, impacting all events concerned. The claims course of goals to evaluate damages, decide legal responsibility, and supply monetary restitution for losses incurred. Understanding this course of and its complexities is essential for anybody concerned in such an incident.
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Legal responsibility Willpower
Insurance coverage corporations conduct impartial investigations to find out legal responsibility based mostly on police stories, witness statements, and driver accounts. The at-fault driver’s insurance coverage usually covers the damages to the opposite car and any related medical bills. In Texas, the idea of modified comparative negligence performs a big function. If a driver is discovered greater than 50% at fault, they can’t get better damages. Even when lower than 50% at fault, their restoration is diminished proportionally. This underscores the significance of a radical investigation and correct illustration of the info.
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Injury Evaluation
Insurance coverage adjusters assess the bodily harm to automobiles, usually utilizing pictures and restore estimates. They might additionally take into account diminished worth, which displays the discount in a car’s resale worth after an accident. Disputes can come up concerning the extent of damages or the need of sure repairs, requiring negotiation or impartial value determinations to achieve a settlement. Correct documentation of the harm is important for a good evaluation.
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Medical Expense Protection
Medical bills ensuing from the accident, together with emergency room visits, hospital stays, bodily remedy, and ongoing remedy, are usually addressed via insurance coverage claims. Delays in remedy attributable to declare disputes can exacerbate accidents and complicate restoration. It is essential to doc all medical remedy and bills associated to the accident for inclusion within the declare.
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Uninsured/Underinsured Motorist Protection
If the at-fault driver lacks ample insurance coverage or is uninsured, uninsured/underinsured motorist protection comes into play. This protection, a part of the injured get together’s personal coverage, gives compensation for damages. Understanding the specifics of this protection is essential, notably in Texas, the place uninsured drivers are a priority. Policyholders ought to assessment their protection limits and perceive how these provisions apply in rear-end collision eventualities.
Navigating insurance coverage claims after a rear-end collision in Texas could be complicated, involving a number of events, authorized issues, and monetary implications. Understanding the state’s site visitors legal guidelines, insurance coverage rules, and the idea of comparative negligence is important for a profitable decision. Authorized illustration could be invaluable in defending one’s rights and guaranteeing a good settlement. The data supplied right here is for instructional functions and doesn’t represent authorized recommendation. Consulting with a certified lawyer is really useful for particular steerage concerning particular person circumstances.
7. Police Stories
Police stories serve an important operate in rear-end collision instances in Texas, offering an official report of the incident and contributing considerably to the dedication of fault. When a collision involving a sudden cease happens, a police report paperwork the circumstances, together with highway situations, witness statements, and driver accounts of the occasion. This documentation turns into important proof for insurance coverage corporations and authorized professionals when assessing legal responsibility. A police report may word, for example, whether or not the main car’s brake lights have been functioning appropriately, whether or not the trailing driver exhibited indicators of distraction, or whether or not any contributing components, corresponding to highway hazards, performed a task within the incident. This goal report helps set up a factual foundation for figuring out negligence.
The significance of a police report in these conditions extends past merely documenting the info. It gives an impartial account of the incident, usually compiled by educated professionals skilled in accident investigation. For instance, if a driver claims they have been sustaining a protected following distance however the police report signifies proof on the contrary, corresponding to skid marks suggestive of extreme pace or a brief stopping distance, the report’s contents can considerably affect the result of an insurance coverage declare or authorized continuing. Moreover, a police report can doc contributing components past the speedy actions of the drivers concerned, corresponding to inclement climate, poor visibility, or surprising highway hazards. This contextual data contributes to a extra complete understanding of the occasions resulting in the collision.
In abstract, acquiring a police report after a rear-end collision in Texas, notably one involving a sudden cease, is important. The report’s goal documentation of the incident, together with driver statements, highway situations, and potential contributing components, is essential for insurance coverage claims and authorized proceedings. This official report serves as a cornerstone of proof used to find out fault and legal responsibility, impacting the monetary and authorized outcomes for all events concerned. The absence of a police report can complicate proceedings and doubtlessly hinder the power to precisely assess accountability, emphasizing the sensible significance of this documentation in rear-end collision instances in Texas.
8. Authorized Illustration
Authorized illustration performs an important function following rear-end collisions in Texas, notably when a sudden cease precedes the incident. These conditions usually contain complicated authorized and insurance coverage points, the place the dedication of fault and legal responsibility could also be contested. Authorized counsel can present invaluable steerage and advocacy for these concerned, defending their rights and guaranteeing a good decision. For instance, if a driver rear-ends one other car that stopped abruptly attributable to a sudden lane change by a 3rd car, establishing legal responsibility requires a radical investigation and evaluation of the actions of all events concerned. An lawyer can assist collect proof, interview witnesses, and reconstruct the accident to find out the sequence of occasions and the contributing components. This cautious evaluation is crucial for establishing negligence and guaranteeing that every one accountable events are held accountable.
The sensible significance of authorized illustration turns into evident in a number of methods. Attorneys specializing in site visitors accidents perceive Texas site visitors legal guidelines and authorized precedents associated to negligence, legal responsibility, and damages. They will successfully negotiate with insurance coverage corporations to make sure honest settlements, defending shoppers from accepting lowball presents or being unfairly assigned a higher share of fault. Moreover, if a case proceeds to litigation, authorized illustration is important for navigating the courtroom system, presenting proof, and advocating for the consumer’s greatest pursuits. As an illustration, an lawyer can problem the admissibility of sure proof, cross-examine witnesses successfully, and current a compelling case to a choose or jury. This experience is invaluable in complicated instances involving disputed legal responsibility or important damages, corresponding to critical accidents or fatalities.
In conclusion, in search of authorized illustration after a rear-end collision involving a sudden cease in Texas is extremely advisable. The complexities of those conditions, coupled with the potential for important monetary and authorized penalties, necessitate skilled steerage. Attorneys can present essential help in navigating the insurance coverage claims course of, defending shoppers’ rights, and guaranteeing honest compensation for damages. Whereas retaining an lawyer could characterize an upfront price, the potential advantages, each monetary and authorized, usually outweigh the expense, notably in instances involving disputed fault, critical accidents, or complicated authorized points. The involvement of an lawyer can stage the taking part in subject, offering people with the assets and experience essential to navigate the often-challenging aftermath of a rear-end collision in Texas.
Continuously Requested Questions
Following a rear-end collision in Texas, notably when a sudden cease is concerned, quite a few questions usually come up. This part addresses some frequent inquiries, offering data to assist understanding of the authorized and sensible implications.
Query 1: If a car stops abruptly, is the trailing driver routinely at fault?
Not essentially. Whereas Texas legislation locations a accountability on drivers to keep up a protected following distance, the circumstances surrounding a sudden cease have to be totally investigated. Components such because the main driver’s purpose for stopping, the presence of hazards, and the trailing driver’s response time all contribute to figuring out legal responsibility.
Query 2: How does Texas legislation outline a “protected” following distance?
Texas legislation does not specify a exact distance. It requires drivers to keep up a following distance that’s “affordable and prudent” given the prevailing situations. This consists of contemplating components like pace, site visitors quantity, and climate. The “three-second rule” presents a sensible guideline, however higher distances could also be crucial in adversarial situations.
Query 3: What ought to one do instantly after a rear-end collision?
Guarantee security by transferring automobiles to a protected location if doable. Contact legislation enforcement to acquire a police report. Change insurance coverage data with different concerned events. Search medical consideration for any accidents, even when seemingly minor. Doc the scene with pictures if doable. Chorus from admitting fault or discussing the small print of the accident with anybody apart from legislation enforcement and authorized counsel.
Query 4: How does the idea of “modified comparative negligence” have an effect on rear-end collision instances in Texas?
Texas follows a modified comparative negligence rule. Because of this if a driver is discovered greater than 50% chargeable for the accident, they can’t get better damages. Even when discovered lower than 50% accountable, their harm award will likely be diminished proportionally. This method underscores the significance of precisely figuring out every driver’s diploma of fault in a rear-end collision.
Query 5: What function does a police report play in a rear-end collision case?
The police report serves as an official report of the accident, documenting particulars corresponding to the situation, time, concerned events, witness statements, and noticed highway situations. Insurance coverage corporations rely closely on police stories when figuring out legal responsibility. Moreover, the report can function essential proof in authorized proceedings if the case is disputed.
Query 6: When ought to one take into account in search of authorized illustration after a rear-end collision?
Authorized counsel is advisable if accidents are concerned, legal responsibility is disputed, or the insurance coverage claims course of turns into complicated or contentious. An lawyer can shield one’s rights, negotiate with insurance coverage corporations, and, if crucial, pursue authorized motion to get better damages. Authorized experience could be particularly precious in navigating Texas’s modified comparative negligence system.
Understanding these continuously requested questions presents a place to begin for navigating the complexities of rear-end collisions in Texas. Nevertheless, every state of affairs presents distinctive circumstances. Consulting with an skilled lawyer is really useful for customized steerage and illustration.
This FAQ part gives a normal overview. The next part delves deeper into particular authorized and sensible elements of rear-end collisions in Texas. Proceed studying for a extra complete understanding of this necessary subject.
Ideas for Avoiding Rear-Finish Collisions in Texas
Stopping rear-end collisions requires diligent consideration to protected driving practices. The next ideas supply sensible steerage for minimizing the danger of those incidents on Texas roads.
Tip 1: Preserve a Protected Following Distance
Adhering to the “three-second rule” gives a minimal protected following distance beneath regular situations. Improve this distance in adversarial climate, heavy site visitors, or when following massive automobiles that hinder ahead visibility. This gives ample time to react to sudden stops or slowdowns.
Tip 2: Get rid of Distractions
Distracted driving considerably impairs response time. Keep away from utilizing cell gadgets, adjusting the radio, or participating in different distracting actions whereas driving. Sustaining concentrate on the highway and surrounding site visitors is essential for anticipating potential hazards.
Tip 3: Follow Defensive Driving Methods
Anticipate potential hazards by scanning the highway forward and observing the conduct of different drivers. Be ready for sudden stops or lane modifications. Sustaining situational consciousness permits for proactive changes in pace and following distance.
Tip 4: Guarantee Automobile Upkeep
Common car upkeep, together with brake inspections and tire strain checks, is important for protected operation. Correctly functioning brakes and tires are essential for efficient stopping and management, particularly in emergency conditions.
Tip 5: Be Conscious of Highway Situations
Regulate driving conduct to swimsuit prevailing highway situations. Cut back pace and enhance following distance in rain, fog, or different adversarial climate. Train additional warning in building zones or areas with heavy site visitors congestion.
Tip 6: Perceive Visitors Legal guidelines
Familiarize oneself with Texas site visitors legal guidelines concerning following distance, pace limits, and right-of-way guidelines. Adherence to those rules contributes to a safer driving setting and reduces the danger of authorized repercussions within the occasion of a collision.
Tip 7: Stay Calm and Collected
If confronted with a sudden cease, keep away from panic braking. Apply brakes firmly however easily, sustaining management of the car. Sudden, jerky braking can enhance the danger of shedding management or being rear-ended by one other car.
By persistently implementing the following pointers, drivers can considerably scale back their danger of involvement in rear-end collisions on Texas roadways. These preventative measures promote safer driving habits and contribute to a safer site visitors setting for all.
The next conclusion summarizes the important thing takeaways and presents remaining suggestions for navigating the complexities of rear-end collisions in Texas.
Conclusion
Rear-end collisions ensuing from sudden stops characterize a big concern on Texas roadways. This exploration has examined the multifaceted nature of those incidents, encompassing authorized ramifications, insurance coverage procedures, and sensible preventative measures. Understanding Texas site visitors legal guidelines associated to following distance and negligence is essential for all drivers. The precept of modified comparative negligence underscores the significance of adhering to those rules, as even partial fault can affect harm restoration. Moreover, the complexities of insurance coverage claims processes necessitate cautious documentation, thorough investigation, and, when applicable, authorized counsel. The monetary and authorized penalties of such collisions could be substantial, impacting all events concerned.
Finally, stopping these incidents stays paramount. Selling consciousness of protected driving practices, emphasizing the significance of sustaining protected following distances, and eliminating distractions can contribute to a safer driving setting for all Texans. Continued concentrate on driver training and accountable driving habits can mitigate the dangers related to sudden stops and rear-end collisions, in the end decreasing the frequency and severity of those incidents on Texas roads. Cautious consideration of the knowledge offered right here can empower drivers to make knowledgeable selections, selling highway security and decreasing the incidence of rear-end collisions in Texas.
