Texas Car Accidents Injuries

Every person driving a motor vehicle in Texas must exercise reasonable care while operating that motor vehicle. This means that they must not commit acts that they know or should know are likely to cause injury or harm to another person or to property. Failure to take reasonable care while operating a motor vehicle is considered, under Texas state law, negligence.

Texas courts have developed what is known as the "proper lookout" standard when describing legal negligence. This refers to the duty of a driver to observe the nearby traffic and general situation in the area and take necessary precautions to avoid an accident. It is up to the driver of a motor vehicle to pay proper attention to the road and other drivers to avoid a car accident. Failure to maintain the "proper lookout" standard is considered negligence.

Actions that frequently contribute to car accidents include failure to stop at a red light or stop sign, driving under the influence of alcohol or drugs, driving above posted speed limits, driver distraction and failure to obey traffic laws.

There are a variety of damages that can be recovered in a personal injury case following a car accident in Texas. These include loss of past wages, loss of future earning capacity, cost of past medical expenses, cost of future medical expenses, past and future physical pain, past and future mental anguish and past and future physical impairment.

If the victim of the car accident died as a result of injuries sustained in the accident, the victim's family can file a wrongful death lawsuit against the person or organization responsible for the car accident.

Texas is a proportional comparative fault state. This means that when it comes to car accidents in Texas, if a person is found to be more than 51 percent at fault for a car accident, that person cannot file a liability claim and lawsuit against the other party involved in the accident. For example, if Sandra and Ryan are involved in a car accident and Ryan is found 60 percent at fault in the accident while Sandra is 40 percent at fault, Ryan cannot file a claim or a lawsuit against Sandra, even if Ryan was injured in the car accident.

Under the Texas Financial Responsibility Law, drivers must have a minimum amount of insurance on their vehicles. This minimum amount, as of April 1, 2008, is $25,000 for each injured person up to a total of $50,000 per accident and $25,000 for property damage.

Sometimes, motor vehicle accidents are not the result of the driver's actions but are the result of other factors, such as defective vehicle parts or improper road maintenance. In such circumstances, lawsuits can be brought against the party or parties whose actions—or inaction—were a factor in the car accident. Lawsuits could involve vehicle manufacturers and retailers, component part manufacturers or government entities responsible for road and highway maintenance.

If you or someone you love has been injured in a Texas car accident, you may be eligible to file a lawsuit against the party or parties responsible for the accident. An attorney can help to determine who is responsible for the accident and what damages should be sought.