If you’ve been in a car accident caused by someone else, they should reimburse you for your losses and damages as a result of that accident. For someone to be liable for your losses, however, they must have been negligent. If no one was negligent, then it was a true accident; but the reality is that there are only rarely true accidents. Most of the time, car wrecks are caused by someone’s negligence. A car accident attorney in Katy, TX can help you prove negligence and get you the compensation you’re owed.
How Does Texas Law Define Negligence in Car Accident Cases?
There are three key elements to ordinary negligence in personal injury, and each one builds upon the other. First, someone had to have owed you what’s called a “duty of care.” A duty of care simply refers to the requirement to act as a reasonable person would in any given situation to protect others. Second, the person must have breached this duty of care. In other words, they must have acted in a way a reasonable person would not, or failed to act as a reasonable person would. Finally, you must show that this breach of the duty of care is what actually caused the accident. It’s not enough that someone breached their duty. You must show that “but for” that breach, the accident either wouldn’t have happened at all or would have been much less devastating.
While many personal injury case types prove negligence in this way, when it comes to car accidents, things are often a little bit different. For car accidents, you’re usually dealing with what’s called negligence per se.
Negligence Per Se
When you’re driving a car, there are a number of very specific rules that you must follow. These include obeying all traffic signs, refraining from driving distracted or impaired, not speeding, and driving only where allowed and in properly maintained, registered, and insured vehicles. To argue negligence per se on the part of another driver, you would need to show four elements.
First, that the other person violated a public safety law, and second, that this violation caused the accident. Third, you need to show that you’re a person that law was designed to protect, and finally, that the law was passed deliberately to prevent the kind of accident or injury you sustained.
If you can show those four elements, then the other driver is presumed to be negligent, and it then becomes their responsibility to provide proof that they were not if they wish to escape liability for the accident. With “ordinary” negligence, the burden of proof is on you to show that they didn’t act reasonably.
Understanding the Types of Negligence
Imagine a scenario where a driver causes an accident because they ran a red light. This would be an example of negligence per se, since the driver violated a traffic law that’s designed to protect other road users. Now imagine this same driver caused the same type of accident, but this time they didn’t break any laws. Instead, they just let their attention waver behind the wheel. Now you would have to prove negligence by proving that the driver did not act as a reasonable person would have under the circumstances.
Typically, negligence per se is possible to argue when a driver has broken a specific law, such as by speeding or failing to yield; when a driver is under the influence of drugs or alcohol; or when a driver is texting while driving.
Why Negligence Per Se Is Useful
One of the things that makes negligence per se useful is that it only requires you to show that the other driver broke a traffic law rather than having to prove that someone else in the same situation would have acted differently. The other elements of negligence per se are usually pretty easy to prove: for example, simply by the fact that you were on the road, you are a road user, and thus it’s clear that you are one of the people traffic laws are designed to protect.
When you’re trying to reach a jury, it can be tough to argue that someone was unreasonably careless, because this is a subjective question. Different people react in different ways. But traffic laws aren’t subjective. Either the driver violated the law, or they did not. It’s as simple as that.
How the Other Party May Defend Themselves
Although negligence per se is relatively easy to argue compared to other types of negligence, you’ll also have to be prepared for the defenses the liable party will bring. One very effective defense is that the person didn’t obey the law because they couldn’t. Possibly they were suffering a medical condition, for example, or they were unable because of some circumstance out of their control.
For example, if a driver runs a red light because their brakes give out, that’s not negligence on their part, in the moment. At that point, to hold them negligent, you’d need to show that they knew their brakes were on the fritz and refused to get the proper repairs. Alternatively, if the driver had recently had their brakes inspected or repaired, your lawyer may be able to show that the mechanic or repair shop was negligent. In other cases, it might be the vehicle manufacturer.
Another possible defense is that the defendant didn’t know about the law and also could not have known about it. This isn’t a strong defense, but it can possibly work in some situations. Finally, the other driver might argue that obeying the law in that situation would have been more dangerous than not. For example, if a driver had to disobey a traffic law and risk hitting a car in order to avoid certainly hitting a pedestrian, this might be a good defense.
How a Car Accident Lawyer in Katy, TX Can Help
Having a lawyer is always the best way to prove liability and get the maximum settlement you’re owed after a car wreck. Your lawyer will first start by going over all the evidence to determine what really happened. If the situation is unclear, your lawyer can also do a more in-depth investigation to seek evidence that might have been overlooked. If the other driver is denying that they were speeding, for example, the black box in their car could be used to show their true speed at the time of the accident. If that’s not available for whatever reason, an expert accident reconstructionist may be able to show from the nature of the accident scene that the driver was speeding.
Your lawyer will put the evidence together and use it to make a persuasive argument for the other party’s liability. They’ll negotiate with insurance companies, go to court if necessary, and keep your case on track legally by making sure paperwork is done and filed correctly and all legal procedures are followed.
Proving negligence is rarely straightforward. It requires a knowledge of Texas law and experience with the way courts interpret these laws. For experienced help with your case, call us today at the Law Office of Shane McClelland, PLLC, for a free consultation. We serve clients in Katy, Sugar Land, and in Lincoln, NE.