How Fault is Determined in Texas Vehicle Accidents

Originally published by robertslawfirm.

The majority of vehicle accidents are caused by the negligence of one or more drivers. Most are caused by unintentional errors (hence the term “accident”), and in these situations you will need to establish a case for negligence. To prove negligence, you must demonstrate four things: The defendant driver had a duty to drive in a reasonable manner. Drivers are under a duty to operate vehicles in a reasonable manner to prevent injuries to others. Traffic regulations exist to impose this duty. Accidents usually occur as a result of traffic law violations, such as driving over the speed limit or ignoring red lights. If there is no traffic violation, a driver still has a responsibility to use ordinary care. This means conducting yourself as a normal person would under similar driving circumstances. The driver did not conduct himself/herself in such a reasonable manner. Breaking a traffic regulation automatically amounts to a breach of duty simply because the law established the duty. However, some circumstances provide defenses to the defendant, such as colliding with another car while swerving to avoid an unexpected hazard like a falling tree. The driver caused injuries because he or she did not driver reasonably. To prove negligence, there must be a close connection between the driver’s conduct and your damages or injuries. If the accident is not the driver’s fault, but was caused by a defect in the vehicle unknown to the driver, you will have difficulty proving the driver was negligent. You actually were injured […]

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