June 29, 2018
Car crashes in Texas occur for many reasons. If the acts of another cause you to be involved in an accident, that is called negligence.
If you are injured in a car accident, you have the right to sue for damages if the other driver was negligent in some way. In this post, we’re doing to detail the most common negligent acts that result in crashes and what to do if you have been injured.
Distracted Driving
This is the top reason for car crashes in the United States. Distracted driving comes in many forms, including texting or using the phone while driving, talking, eating, applying makeup, and reading. These activities take a driver’s attention off the road. Even one second of distraction can cause a deadly or life-altering crash.
Speeding
Americans are in a hurry all the time, and speeding is becoming a more common problem that leads to crashes in Texas. The higher the speed, the greater likelihood that injury or death could occur.
Aggressive Driving
Aggressive behaviors like cutting other drivers off, changing lanes, passing in a restricted area, and other risky behaviors can put other drivers in serious danger of injury if a crash occurs.
Failure to Stop
Rolling through stop signs, failing to stop at traffic signals, or failing to yield are all actions that can cause major damage to vehicles and significant injuries to drivers and passengers.
Driving Mistakes
Driving mistakes happen to all of us, and most of these mistakes never cause a problem. However, if a simple mistake occurs at the wrong place and time, injury could result. Common driving mistakes include driving the wrong way on a one-way street, failure to use a turn lane when available, and failing to use turn signals.
Tailgating
Impatient drivers are often guilty of tailgating, which puts both drivers and passengers at risk for injury, especially soft tissue injuries like whiplash that come with long lasting health problems.
Potholes
If the local or state government fails to fix a pothole and you cannot navigate around it in time, you could be injured in a crash in which the government entity may be liable for damages.
Tire Blowouts
Tire blowouts are common on interstate highways. These sudden incidents can cause other drivers to react and swerve or lose control, which could lead to crashes and injuries. Depending on the circumstances, the driver of the vehicle, the tire manufacturer, or trucking company may be legally responsible for the accident.
Construction Zones
Construction zones are normally safe for travel unless someone speeds or improperly changes lanes. Depending on the circumstances, you may be able to hold the road or highway department liable for a construction zone crash.
Teenage Driving
Teen drivers have less experience than older drivers. They are also more likely to make mistakes, drive too fast, and engage in distractions while driving. Their risky behaviors put other drivers at risk for injury.
Driving Under the Influence
Many car crashes are related to alcohol or drug use. A drunk driver is in a high-risk category for causing a crash, which could cause significant injury or death to others on the road.
Manufacturer Defects
Vehicle manufacturers have a duty to provide reasonably safe products for customers. If a vehicle part malfunctions and causes you to crash, you may be able to hold the manufacturer and/or other parties responsible for your injuries.
Proving Negligence in a Car Accident Lawsuit
A skilled Texas car crash attorney will be able to prove whether negligence caused your accident. The liable party may be another driver, vehicle or part manufacturer, or government entity. You need someone experienced with many types of car crash cases to seek the compensation you deserve for your injuries.
Four elements must be proven in any negligence case:
Duty: The other driver had a duty of care to you (to drive safely).
Breach of Duty: The other driver failed to meet the reasonable standard of care.
Causation: The other driver’s breach of duty caused your injuries.
Damages: Your injuries resulted in financial losses.
A knowledgeable lawyer will offer a free case review where they can look over the facts of your situation and tell you if all of those elements are present in your case. Normally, car crash compensation will cover expenses like medical bills, lost income, and possibly pain and suffering.
About the Author:
The strength of Brian S. Eppes as a lawyer is in his unique and varied background. Like many other private attorneys, at one point he worked as a prosecutor. However, he also served in George W. Bush’s White House, has helped Texas legislators to write laws, and spent time at a tax and estate planning firm. These experiences have enabled him to look at cases in a different way than his peers and find creative solutions that benefit his clients.