Motor Vehicle Accidents in Texas Law

In order to file a claim against a driver that you believe to have been negligent and caused an accident where you have sustained injury or damages you need to be familiar with the law regarding motor vehicle accidents.

In Texas, every driver is presumed to have a responsibility to exercise care, caution and control while operating a motor vehicle. If you feel that you are involved in an accident that was caused by the negligence of the other driver then you may have just cause for a lawsuit.

Determination of Negligence

In Texas there is a procedure called "proper lookout" that determines whether negligence is involved in an motor vehicle accident.

Each driver has the responsibility to observe all of the circumstances involved in driving in order to prevent accidents. Proper lookout includes keeping an eye out for all vehicles in the area, including observing their speed and direction, as well as obeying all of the basic rules of the road including speed limits, stoplights, stop signs, proper yielding to oncoming traffic, proper lane changes and so on.

In other words, all drivers must pay attention to the road as well as other drivers and any failure to observe both the road and the other drivers around them could result in any accident been deemed to be caused by their negligence.

Damages

In Texas, you can sue for damages that include loss of income if you are unable to work either permanently or for some period of time, replacement or repair costs for your motor vehicle, medical expenses, funeral expenses and even for some non-economic compensations such as lost support or companionship or pain and suffering.

Never Do These Things

There are several things you should never do at the scene of an accident: (1) not discuss the accident or how it happened with anyone but the police, (2) do not apologize even if you think the accident was your fault, (3) do not refuse medical attention even if you are only slightly injured, (4) do not give any recorded statements to any insurance adjusters (yours or theirs), and (5) do not attempt to represent yourself.

For more information about personal injury in motor vehicle accidents click here.

Motor Vehicle (Accident) in Texas Law

Agriculture Code

Injur+vehicle*

pertaining to liability for damages to roadkill or injury

Civil Practice and Remedies

Injur+vehicle*

pertaining to railroads, transportation services for welfare recipients,governmental liability, inmates

Criminal Procedure

Injur+vehicle*

pertaining to mobile tracking devices

Finance Code

Injur+vehicle*

pertaining to retail installment contracts

Health & Safety Code

Injur+vehicle*

pertaining to the transportation of sick and injured people, emergency medical services, dog attacks

Insurance Code

Injur+vehicle*

pertaining to uninsured and under-insured motorists

Insurance Code (not codified)

Injur+vehicle*

pertaining to policy forms

Natural Resources Code

Injur+vehicle*

pertaining to insurance requirements, certificates, regulations for transport trucks and trailers

Occupation Code

Injur+vehicle*

pertaining to ambulances and other emergency transportation

Parks and Wildlife Code

Injur+vehicle*

safety apparel and equipment for off-road vehicles

Penal Code

Injur+vehicle*

pertaining to intoxication assault

Transportation Code

Injur+vehicle*

pertaining to duty to stop and render aid,performance indicators, road superintendents,invalid license, failure to stop,accident reports, blind pedestrians, removing material from highway, financial responsibility,reckless operation

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John Q. Lawyer

Attorney at Law

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