In Texas, if you are involved in a car accident, you should be familiar with the laws of the Texas in order to file a claim against a driver that you believe to have been at fault, or often called negligent, and caused the accident. Negligence deals with every driver’s duty or obligation to every other driver in Texas. Every driver has a responsibility to exercise care, caution and control when driving. If a driver negligently causes a car accident, that driver may be responsible for any damages or injuries caused by the car accident.
There are several areas to look at to determine whether negligence is involved in a Texas car accident. One is called “proper lookout” and this means that the driver has to observe all the circumstances of driving in order to prevent a Texas car accident. It represents the duty of drivers to pay attention to the road as well as other drivers and failure to observe this could result in a Texas car accident because of negligence. Another area is if a driver is driving too fast under the circumstances. While speeding above the speed limit is often the cause of a car accident, it is still possible to be negligent if driving under the speed limit, yet the driver is driving too fast under the circumstances. And most recently, driving while texting or talking on the cell phone may be negligent.
If injury or damages occur as the result of a driver’s negligence, the non-negligent driver may be able to make a claim or lawsuit for loss of income because the injured victim is unable to work, permanently or for a period of time, medical or funeral expenses, and non-economic compensation, such as for pain and suffering, physical disfigurement and physical impairment. That being said, these are complex issues that often need legal guidance when dealing with insurance companies.