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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.
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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.
