Being injured in a car accident in The Woodlands, Conroe, Houston or anywhere else in Texas is an overwhelming experience. Faced with a lengthy recovery, pain and suffering, and mounting medical bills, car accident victims often feel helpless. While it is possible to obtain compensation through a personal injury lawsuit, you must be able to demonstrate the other driver was negligent. This is why it is critically important to work with the right car accident attorney.
What are a driver’s responsibilities?
All drivers in Texas have a duty of care to operate their vehicles safely and avoid causing injuries to others. In particular, drivers must follow traffic laws, and be mindful of road conditions. If an accident occurs, all involved drivers are required by law to stop and check to see if anyone has been injured. If so, or someone has been killed, drivers must immediately stop at the scene, exchange information, and provide reasonable assistance to anyone who has been injured.
What are the elements of driver negligence?
To have a valid claim, it is necessary to demonstrate the following elements of negligence:
- The other driver had a duty to of ordinary care
- The other driver breached this duty
- The other driver caused the accident, in whole or in part
- The accident caused your injuries or other damages
While this seems straightforward, proving driver negligence is a bit more complicated. It takes a skilled attorney to conduct a thorough investigation, gather essential evidence, and identify and interview witnesses. Nonetheless, examples of driver negligence, include
- Distracted driving (texting while driving)
- Speeding/reckless driving
- Driving under the influence of alcohol or drugs
- Driving while fatigued
- Failing to obey traffic signals
- Failing to yield right of way
- Illegal turns
- Failing to signal (lane changes/turning)
- Aggressive driving
- Failing to properly maintain a vehicle
What is comparative negligence?
It is worth noting that Texas follows a “modified comparative fault” rule for purposes of injury claims. Under this rule, an individual who is more than 50 percent at fault for an accident is barred from recovering damages. A victim who is less than 50 percent at fault can recover damages, however, the amount of any award will be reduced by the degree of liability assigned to him/her (this is also referred to as “proportionate responsibility”). If, for example, the other driver’s insurance adjuster or the court determines the total damages in a claim are $100,000, but finds the injured party (the plaintiff) to be 20 percent at fault, the amount that is awarded will be reduced to $80,000.
Why This Matters
If you were injured in a car accident in Texas, you may be able to recover compensation against the driver responsible under negligence law. The car accident attorneys at Adams Law Firm will fight for your right to obtain compensation for your medical expenses, loss of earnings, pain and suffering, and other losses and hold all parties responsible for the accident.
Posted in: Car Accident