Grimes & Fertitta, P.C.

How can I prove negligence following a car accident in Texas?

Following a car accident, there are certain steps you should take no matter who is to blame. For example, you should alert Texas law enforcement as well as your insurance company. Be sure to gather information such as the name and contact information of the other driver as well as the names and numbers of any witnesses. You should also get the other driver’s insurance information and take pictures of the scene.

The Texas Department of Insurance reports that drivers who cause accidents are responsible for paying for the damages. However, you must be able to prove that the driver is at fault for the incident by doing the following: 

  • Demonstrating the breach of duty
  • Showing that the driver’s breach of duty caused damages
  • Outlining the extent of the damages

A breach of duty can be any deviation from ordinary care, which can include speeding, failure to yield, running a red light or distracted driving. The Texas Department of Transportation notes that alcohol continues to be a significant problem, as drunk drivers were responsible for 29 percent of all people killed in a motor vehicle accident.

It is important to note that you can also bring a lawsuit against more than just the other driver. For example, if a commercial vehicle was not properly maintained and the lack of maintenance led to an accident, you may be able to sue the business. You could also pursue a claim against the owner of a business for the driver’s negligence when the owner knew the person was unlicensed, incompetent or generally reckless.

While this information may be useful, it should not be taken as legal advice.


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