Auto Accident Under 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 automobile 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 auto 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 auto accident being deemed to be caused by their negligence.
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 automobile, 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 auto 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 automobile accidents click here.
John Q. Lawyer
Attorney at Law
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