Automobile Accidents and the Law of Negligence in Texas

BKRH law AdminMay 31, 2026May 31, 2026

This Blog was brought to you by the Carabin Shaw Law Firm – Personal Injury Attorneys, Principal Office in San Antonio

Automobile Accidents and the Law of Negligence in Texas

According to the National Highway Traffic Safety Administration, automobile accidents account for the most number of personal injury cases in the United States. Owing to the propensity of many drivers to ignore road courtesy and traffic laws, automobile accidents have figured on the tally board as one of the leading causes of deaths as well. Distracted driving, drunk driving, speeding, and aggressive driving claim thousands of lives every year on American roads. Texas consistently ranks among the deadliest states for traffic fatalities, with thousands of people killed and tens of thousands seriously injured annually.

More about our San Antonio Car Accident Lawyer here

Therefore, it is unsurprising that a car accident lawyer and an insurance adjuster could never be far behind whenever there is an automobile accident. Both have interests in the outcome, but their interests are very different. The insurance adjuster works for the insurance company and aims to minimize what the company pays out. The car accident lawyer works for the injured person and fights to maximize the compensation they receive. Understanding this fundamental difference helps automobile accident victims make better decisions about protecting their rights.

A person injured in an automobile accident, or any family member of someone killed in such an accident, would certainly find a good lawyer to be the family’s best ally during a crisis. A competent lawyer with experience in handling personal injury cases, specifically automobile accidents, protects the rights of the injured in their pursuit of just compensation for the harm or injury sustained during the accident. Without a competent lawyer, the injured person may not be justly compensated, and failure to receive fair compensation for the harm or injury could make a devastating situation even worse.

The Law of Negligence in Automobile Accident Cases

Proving fault in an automobile accident rests on the law of negligence, which defines that any person who acts negligently and causes damage or injury to another must compensate them for the same. This fundamental legal principle underlies virtually every automobile accident case in Texas. Understanding how negligence works helps accident victims appreciate what must be proven to recover compensation.

The law requires that anyone driving an automobile must observe a reasonable degree of care, and failure to do so gives rise to negligence. This reasonable care standard means that drivers must operate their vehicles the way a reasonably prudent person would under the same or similar circumstances. Driving too fast for conditions, following too closely, running red lights, texting while driving, and driving under the influence all represent failures to exercise reasonable care.

For a claim to succeed, it should be proven by the person injured that the person driving the automobile failed to apply reasonable care, acted negligently under the circumstances, and that the injuries suffered by the person or their property were the direct result of such negligent act or series of acts. This requires establishing four elements: duty, breach, causation, and damages. The at-fault driver had a duty to drive carefully, breached that duty through negligent conduct, caused the accident through that breach, and the accident resulted in actual damages to the victim.

Texas follows a modified comparative negligence system, meaning that accident victims can recover compensation even if they were partially at fault, as long as they were not more than 50% responsible for the accident. If you are found to be 30% at fault for an automobile accident, for example, your compensation would be reduced by 30%. A car accident lawyer can help you understand how comparative negligence might affect your specific case.

When the Driver May Not Be At Fault

Some factors may cause automobile accidents that exonerate the driver from a negligent act, such as inherent defects on the vehicle itself and road hazards like a poorly-lit intersection, bad roads, defective traffic systems, and similar conditions. In these cases, liability may rest with parties other than the drivers involved in the collision.

A product liability attorney should be consulted before filing a claim for damages against a car manufacturer. When defective brakes, faulty steering systems, tire blowouts, or other vehicle defects cause automobile accidents, the manufacturer or parts supplier may bear responsibility. These product liability cases require specialized knowledge of manufacturing standards and product safety regulations.

An injury or harm against someone that has as a proximate cause bad roads and faulty traffic systems may give rise to a claim against the government entity responsible for road maintenance and design. However, claims against government entities in Texas involve special procedures and shorter deadlines than ordinary personal injury claims. An experienced automobile accident lawyer can identify when government liability may apply and ensure proper procedures are followed.

What To Do After an Automobile Accident

A person in an automobile accident should never disregard prompt medical attention, no matter how minor the accident was. As many cases have proven, some injuries manifest only after several hours or even days, and to skip the chance to seek immediate medical attention right after an accident may prove harmful to both your health and your legal case. Medical records documenting your injuries from the time of the accident provide crucial evidence for your claim.

Police presence at the scene of the accident is also important. A police report creates an official record of what happened, who was involved, and often includes the responding officer’s assessment of fault. Request a copy of this report once it becomes available, as it will be valuable evidence in your automobile accident case.

For obvious reasons, the importance of getting the plate numbers of vehicles involved in automobile accidents can never be underrated. If you witness an automobile accident, you should immediately note the plate numbers in case the at-fault driver plans to flee from the scene. Hit and run accidents are unfortunately common, and having the license plate number may be the only way to identify the responsible party.

Note the names, addresses, phone numbers, and other contact details of all persons involved in the accident, including witnesses. Witnesses’ accounts of the incident, if possible in writing, can go a long way toward building a strong case for damages. Independent witnesses who have no stake in the outcome provide especially powerful testimony about what they observed.

Take pictures at the scene of the automobile accident. As pictures speak a thousand words, photographs of vehicle damage, skid marks, traffic signals, road conditions, and the overall accident scene provide valuable evidence. Successful reconstruction of the incident using available photos can prove essential when liability is disputed.

Contact a Personal Injury Lawyer Immediately

Contacting your insurance company promptly after an automobile accident is advisable, as your policy likely requires you to report accidents within a certain timeframe. However, be cautious about what you say to any insurance company, including your own. Recorded statements can be used against you later in ways you might not anticipate.

Above all, contact a personal injury lawyer as soon as possible after an automobile accident. Your lawyer can handle inquiries and interviews from insurance companies, so you should leave it to their expertise and knowledge of the law to manage your case skillfully. Trying to negotiate with insurance adjusters on your own puts you at a significant disadvantage against professionals who handle these situations every day.

Personal injury lawyers who handle automobile accident cases typically offer free consultations to evaluate your case and explain your legal options. Most work on a contingency fee basis, meaning you pay no attorney fees unless they recover compensation for you. This arrangement ensures that anyone injured in an automobile accident can access quality legal representation regardless of their financial situation.

If you or a loved one has been injured in an automobile accident in Texas, don’t face the insurance companies alone. Contact an experienced personal injury lawyer today to protect your rights and fight for the compensation you deserve.

Labor Relations Attorney — BKRH Law

BKRH law AdminMay 12, 2026May 12, 2026

The relationship between employers and organized labor shapes the operations, costs, and culture of countless workplaces across the country. Collective bargaining, union organizing campaigns, grievance arbitrations, and unfair labor practice charges require legal counsel that understands both the technical requirements of labor law and the practical realities of managing a workforce. At BKRH Law, our labor relations attorneys represent employers in the full range of labor matters before the National Labor Relations Board, state labor agencies, and in arbitration and federal court proceedings.

Why Labor Relations Counsel Matters
Labor law is a specialized field that operates by its own rules. The National Labor Relations Act, the Labor Management Relations Act, state public sector labor laws, and the body of arbitration decisions interpreting collective bargaining agreements create a framework that general employment lawyers do not always navigate well. Employers facing organizing campaigns, contract negotiations, or grievance proceedings benefit from counsel with genuine labor relations experience.

Labor Relations Matters We Handle
Our labor relations practice serves employers with a comprehensive range of matters, including:

Collective bargaining and contract negotiations
Union organizing campaigns and election proceedings
Unfair labor practice charges before the NLRB
Grievance and arbitration proceedings
Strike, lockout, and picketing matters
Decertification petitions
Union avoidance counseling and training
Successorship and accretion issues
Joint employer analysis
Public sector labor relations under state PERB-equivalent statutes
Interest arbitration in public sector contract disputes
Collective bargaining agreement interpretation and enforcement
Union information requests and duty to bargain issues
Healthcare and education sector labor matters

We represent private sector employers under the NLRA and public sector employers under the various state statutes that govern labor relations for government employees, school districts, and other public entities.

How BKRH Law Can Help
Whether you are facing an organizing campaign, preparing for contract negotiations, defending an unfair labor practice charge, or addressing day-to-day labor relations issues, BKRH Law provides the strategic counsel and practical experience that successful labor relations work requires.

Contact BKRH Law Today
If your organization needs labor relations counsel, contact BKRH Law today to schedule a confidential consultation and put experienced labor attorneys to work on your behalf.

Blog Featured Health and Hospital Law

Health and Hospital Law Attorney — BKRH Law

BKRH law AdminMay 12, 2026May 12, 2026

Healthcare is among the most heavily regulated industries in the United States. Hospitals, health systems, physician practices, long-term care facilities, and other healthcare providers operate under overlapping federal and state regulatory frameworks that touch every aspect of operations — patient care, billing, employment, privacy, governance, and transactions. At BKRH Law, our health and hospital law attorneys provide healthcare clients with the experienced regulatory and transactional counsel they need to operate confidently in this demanding environment.

The Regulatory Landscape Hospitals Actually Face
Healthcare attorneys advise on a daily basis on HIPAA privacy and security, the Stark Law and Anti-Kickback Statute, the False Claims Act, EMTALA, the Joint Commission accreditation standards, Medicare and Medicaid reimbursement requirements, state licensing rules, and the medical staff bylaws that govern physician-hospital relationships. Decisions made without attention to these frameworks can carry significant financial and operational consequences.

Health and Hospital Law Matters We Handle
Our health and hospital law practice serves healthcare providers with a comprehensive range of matters, including:

HIPAA privacy and security compliance
Stark Law and Anti-Kickback Statute analysis
False Claims Act and qui tam defense
Medicare and Medicaid reimbursement and audits
Medical staff bylaws and credentialing
Peer review and fair hearing proceedings
Physician-hospital affiliation and integration agreements
Healthcare mergers, acquisitions, and joint ventures
Healthcare employment and contracting
Telehealth regulatory compliance
Certificate of Need (CON) applications
Licensure and accreditation matters
Healthcare contracts and managed care agreements
Government investigations and OIG matters

We serve hospitals, health systems, physician groups, long-term care facilities, ambulatory surgery centers, and other healthcare providers across the full spectrum of regulatory, transactional, and operational issues.

How BKRH Law Can Help
Healthcare organizations need legal counsel that genuinely understands the industry — the regulations, the operational realities, and the business pressures that affect every decision. BKRH Law provides the practical, industry-focused guidance healthcare clients need to navigate compliance challenges, complete strategic transactions, and respond effectively when issues arise.

Contact BKRH Law Today
If your healthcare organization needs legal counsel, contact BKRH Law today to schedule a confidential consultation and connect with attorneys who understand the complexities of modern healthcare law.

Blog Estate Planning Featured

Estate Planning Attorney — BKRH Law

BKRH law AdminMay 12, 2026May 12, 2026

A thoughtful estate plan does more than transfer property at death. It protects loved ones, minimizes tax exposure, avoids unnecessary court involvement, ensures that healthcare and financial decisions are made by trusted people if you cannot make them yourself, and reflects your values and priorities in a way that brings clarity to those you leave behind. At BKRH Law, our estate planning attorneys help individuals and families build comprehensive plans that fit their lives, their assets, and their goals.

Why Estate Planning Matters at Every Stage of Life
Most people associate estate planning with retirement or older age, but the right time to put a plan in place is much earlier. Young families need guardianship designations for minor children. Adults of any age need healthcare directives in case of incapacity. Business owners need succession plans. People with blended families need to address inheritance carefully to prevent disputes. The cost of planning is small. The cost of not planning, when it eventually matters, is often substantial.

Estate Planning Matters We Handle
Our estate planning practice assists clients with a comprehensive range of matters, including:

Wills and testamentary planning
Revocable living trusts
Irrevocable trusts for tax and asset protection
Special needs trusts
Charitable trusts and planned giving
Durable powers of attorney
Healthcare powers of attorney and living wills
Designation of guardian for minor children
Beneficiary designation reviews and coordination
Federal estate and gift tax planning
Business succession planning
Probate and trust administration
Trust litigation and contested matters

A good estate plan is not just a single document — it is a coordinated set of decisions that work together to carry out your wishes and protect the people who matter to you.

How BKRH Law Can Help
Whether you are creating an estate plan for the first time, updating an existing plan after a major life change, or coordinating planning across complex family or business circumstances, BKRH Law provides the careful guidance and clear communication that estate planning should always include.

Contact BKRH Law Today
If you need estate planning assistance, contact BKRH Law today to schedule a confidential consultation and start building the plan your family deserves.

Blog Educational Law Featured

Educational Law Attorney — BKRH Law

BKRH law AdminMay 12, 2026May 12, 2026

School districts, charter schools, colleges, and universities operate in one of the most heavily regulated environments in American law. Federal and state statutes, constitutional requirements, regulatory agency oversight, and the daily realities of serving students and families create a constant stream of legal questions for educational institutions. At BKRH Law, our educational law attorneys provide comprehensive legal counsel to schools, districts, and educational organizations facing the full range of legal challenges in modern education.

Why Educational Law Requires Specialized Counsel
Educational institutions deal with overlapping legal frameworks that few other clients ever encounter — special education law under the IDEA, civil rights obligations under Title VI and Title IX, student privacy under FERPA, employment law that intersects with collective bargaining, open meeting and public records requirements, and the constitutional standards that apply to government actors. A general practitioner can miss the specialized requirements that govern even routine educational decisions.

Educational Law Matters We Handle
Our educational law practice serves K-12 districts, charter schools, higher education institutions, and educational foundations with a wide range of matters, including:

Special education and IDEA compliance
Section 504 and Title II of the ADA
Title IX investigations and complaints
Student discipline, due process, and expulsion proceedings
FERPA and student records issues
Employment matters involving teachers, administrators, and staff
Collective bargaining and labor relations
School board governance and open meetings compliance
Public records and information requests
Construction, facilities, and bond matters
Charter school formation and operation
Educational policy development and review
Defense of administrative complaints and litigation

We advise on day-to-day operational questions and represent clients in administrative hearings, state and federal court litigation, and appeals when matters cannot be resolved at earlier stages.

How BKRH Law Can Help
Whether you are a district facing a complex special education dispute, a charter school navigating authorization questions, or a higher education institution responding to a Title IX matter, BKRH Law provides the depth of educational law experience that institutional clients need to make confident decisions.

Contact BKRH Law Today
If your educational institution needs legal counsel, contact BKRH Law today to schedule a confidential consultation and connect with attorneys who genuinely understand the legal landscape your institution operates in.