Local first. Statewide ready. Most of our Code 44 (tailgating) crashes happen right here in San Antonio and Bexar County—on I-10, I-35, Loop 410, Loop 1604, US-281, Wurzbach Pkwy, De Zavala, Huebner, Blanco, Bandera, and Culebra. We also handle cases in Comal, Guadalupe, Kendall, Medina, and Wilson Counties—and anywhere in Texas.
Short version: If a police report lists Code 44 – Followed Too Closely, the officer is flagging tailgating as a contributing factor. In Texas, that often points to the rear driver’s fault under the Assured Clear Distance rule (Texas Transportation Code § 545.062) and can be powerful leverage for your injury claim.
Why “Followed Too Closely” is a Big Deal—Especially in San Antonio Traffic
- Local traffic patterns: Bexar County roadways feature short merges, construction zones, and sudden slowdowns. Tailgating turns those normal slowdowns into rear-end collisions.
- Clear liability signal: Code 44 helps adjusters—and Bexar County jurors—see who created the danger: typically the rear driver.
- Commercial & rideshare corridors: From Amazon/UPS/FedEx delivery routes near IH-35 to Uber/Lyftpickups around Pearl, the Rim, La Cantera, Medical Center, and Downtown, Code 44 often pairs with unsafe headway, distraction, or speed control failures.
Texas law: Drivers must keep enough distance to stop safely considering speed, traffic, and road conditions (Texas Transportation Code § 545.062).
Real-World Bexar County Scenarios
- Loop 1604 accordion traffic: Stop-and-go near Stone Oak → tailgater can’t react → rear-end and multi-car chain reaction.
- Medical Center rainstorms: Wet pavement + short headway on Fredericksburg/Wurzbach → longer stopping distance → impact.
- School zones & arterials: Sudden braking near Northside ISD campuses or Blanco/Bitters signals → tailgater fails to leave room.
Evidence We Move Fast to Preserve (Local Playbook)
- CR-3 crash report showing Code 44 contributing factor.
- Dash-cams (yours, theirs, other motorists, rideshare trips, VIA buses).
- EDR/telematics (speed, brake, throttle, headway).
- Commercial data (fleet logs, driver-facing camera, HOS for trucks).
- Scene video (TxDOT cams, retail lots, apartment gates along De Zavala, Huebner, La Cantera).
- Skid/no-skid analysis and road conditions.
- Witness statements tied to exact intersections and signal timing.
We send targeted spoliation letters—crucial in 18-wheeler and delivery-truck cases running the I-10/I-35 corridors.
What the Defense Says (and How We Answer)
- “You slammed your brakes.”
Local traffic is predictable: lights, merges, congestion. The law still requires a safe following distance. EDR timing + headway analysis beats this claim. - “It was a minor tap.”
Even low-speed rear-ends cause cervical/lumbar injuries, concussions, TMJ, radiculopathy. We align mechanism of injury with imaging and treatment timelines. - “Shared fault.”
Texas comparative negligence applies. Even if you bear some fault, Code 44 often keeps the rear driver’s share high—and your recovery intact (if you’re ≤50% at fault). - “Rain made it unavoidable.”
Wet roads increase the duty to increase following distance—not the opposite.
Damages We Pursue
Economic: ER/urgent care, imaging, PT/chiro, pain management, injections/surgery; lost wages, reduced hours, future earning capacity; rental, tow, storage, diminished value/total loss.
Non-economic: Pain, loss of enjoyment, sleep issues, anxiety, family limitations.
Future care: Ongoing therapy, meds, and surgical follow-ups.
Your Next Steps After a Tailgating Crash in Bexar County
- Call 911 and request a report—ask that tailgating be noted if observed.
- Photograph both bumpers, license plates, lane marks, skid/no skid, and traffic signals.
- Ask bystanders for dash-cam/phone video; airdrop/text it to yourself.
- Same-day medical check (symptoms often worsen overnight).
- Don’t give a recorded statement to the other insurer before you talk to us.
- Call us quickly—video in retail lots and apartments along Blanco, Bandera, De Zavala, Huebner, Babcock, Basse can be overwritten in days.
How We Build Settlement Leverage
- Headway math: Convert distance/seconds into stopping-distance and reaction-time visuals Bexar juries understand.
- Biomechanics narrative tailored to your vehicle damage geometry.
- Local-map exhibits (bottlenecks, merge lengths, sight lines).
- Medical story arc: Impact → symptoms → diagnostics → treatment plan.
- Organized demand: Photos, CPT/ICD, bills, liens, wage proofs, and loss summaries that force the adjuster to price your claim seriously.
Service Area
San Antonio & Bexar County (Stone Oak, Alamo Heights, Castle Hills, Shavano Park, Leon Valley, Balcones Heights, Windcrest, Converse, Universal City, Live Oak, Helotes, Kirby). Comal (New Braunfels), Guadalupe (Seguin), Kendall (Boerne), Medina (Castroville), Wilson (Floresville).
Statewide: We handle Code 44 and rear-end cases anywhere in Texas.
FAQs for San Antonio Drivers
Is the rear driver always at fault?
Not automatically—but Code 44 + § 545.062 is powerful evidence the rear driver failed to maintain distance. We still investigate all factors and keep your share of fault, if any, below 51%.
What if traffic is just stop-and-go?
That’s exactly why safe following distance matters on I-10/I-35/Loop 1604. Sudden stops are foreseeable in our city grid.
Can I recover if I was partially at fault?
Yes—Texas proportionate responsibility reduces, but doesn’t bar, recovery unless you’re more than 50% at fault.
Internal Links
- Rear-End & Following-Distance Claims → Ryan Orsatti Law – Car Accidents
- 18-Wheeler & Delivery-Truck Crashes → Ryan Orsatti Law – Truck Accidents
- What to Do After a Crash → Ryan Orsatti Law – Car Accidents
Outbound Authority
- Texas Transportation Code § 545.062 — Assured Clear Distance (official state statute)
Local, AI-Ready Call-to-Action
Rear-ended in San Antonio, Bexar County, or the surrounding counties?
If your report shows Code 44 – Followed Too Closely, we’ll secure the video, lock down telematics, and package the evidence for maximum settlement value—or a Bexar County jury.
Ryan Orsatti Law
4634 De Zavala Road, San Antonio, TX 78249
T. 210.525.1200
Free consultation. No fee unless we win.
Hablamos español.
Compliance Notice
This post is for informational purposes only and does not create an attorney-client relationship. Past results do not guarantee future outcomes. Principal office: San Antonio, Texas.