If you are in a car accident in Texas, you should know the state’s laws to file a claim against a driver you think was at fault or “negligent” and caused the accident. Negligence is about what every driver in Texas owes to every other driver. Every driver has to drive carefully, with care, and under control. If a driver causes an accident because of carelessness, that driver may have to pay for any damage or injuries.
There are several things to look at when figuring out if someone was at fault in a Texas car accident. One of them is called “proper lookout,” meaning that the driver has to pay attention to everything while driving in Texas to avoid an accident.
Common reasons for Cars crash
Driving while distracted: Distractions can cause accidents. One of the most common distractions is texting or talking on a hand-held phone. The National Highway Traffic Safety Administration (NHTSA) says that 660,000 cars are being driven during daylight hours by people who have their cell phones in their hands.
Drunk driving: In a recent year, more than 10,000 people died in car accidents caused by people who had been drinking. Thirty-one percent of all traffic deaths in the U.S. that year were caused by these 10,322 deaths.
The effects of drugs: Alcohol is not the only thing that can make a driver less safe and cause an accident. Some illegal, prescription and over-the-counter drugs can make it very dangerous to drive a car, and they can also put other drivers in danger.
Driver fatigue: Driving while tired or falling asleep at the wheel is a very dangerous thing to do. The NHTSA says that sleepy driving causes 1,000 deaths in car accidents every year. Driver fatigue is a big worry for truck drivers in particular.
Aggressive driving. Aggressive driving can include:
Things like speeding.
Following too close.
Switching lanes often and for no reason.
Running red lights.
There are times when aggressive driving can turn into road rage. A crash can happen if any of these things occur.
Reckless driving: Under Texas law, reckless driving is driving a car with “willful or wanton disregard for the safety of people or property.” Dangerous driving, like going more than 25 mph over the speed limit or passing on two-lane roads where it’s unsafe, causes accidents and puts people’s lives at risk.
Speeding: The National Safety Council says that speeding was a factor in 30% of all fatal accidents in the past year. More than 10,000 people die in car accidents every year because of speed.
Teen drivers: The Centers for Disease Control and Prevention (CDC) said that in one year, nearly 292,000 teens between the ages of 16 and 19 were hurt in car accidents and had to go to the hospital. Another 2,650 were killed. The number of car accidents caused by teen drivers is higher than it should be.
Tailgating: When drivers follow too closely, they have less time to react, which puts other drivers in danger. The NHTSA has found that unsafe passing and following too closely are to blame for 26.5 percent of all rear-end accidents in the U.S.
Problems with cars: Even though people cause most car accidents, the NHTSA has found that vehicle factors are responsible for 4.5 percent of all crashes. Even if a car problem didn’t cause an accident, it could make injuries worse than they would have been otherwise.
Dangerous Roads: Many car accidents in the U.S. happen because the roads are not in good shape. According to the NHTSA, dangerous roads cause 20,2% of accidents involving a single vehicle leaving the road and 18.3% of accidents involving vehicles coming from the opposite direction.
If a driver’s carelessness causes injury or damage, the other driver may be able to file a claim or lawsuit for loss of income because the injured person can’t work, either permanently or for a while, medical or funeral costs, and non-economic compensation, such as for pain and suffering, physical disfigurement, and physical impairment. Still, these are complicated matters that often require the help of a lawyer when dealing with insurance companies.
Talk to a lawyer before you talk to an insurance adjuster or sign any paperwork from an insurance company. They will help with your personal injury and legal issues. They have the resources necessary to fully investigate the crash and determine its true cause. The friendly lawyers are easy to talk to and have decades of experience handling all types of car accidents.
A large number of personal injury cases are caused by car accidents. A careful look at the claim is needed to figure out who is responsible for the accident. Before a party can get money for an auto accident, the plaintiff must be able to show certain things.