Who is responsible for a car accident?
Car accidents can happen for many reasons. The basic elements of a car or truck accident are similar to any claim of negligence. To prove that someone acted negligently and caused damage recoverable (such as in an automobile accident), we must show that: A breach of obligation of duty (negligence) was a causal link between the duty and the damages resulting from the breach of duty. To prove that someone was negligent (breach of an obligation) must be demonstrated that the defendant failed to use ordinary care – what a reasonable person of ordinary prudence would have done under the same or similar circumstances.
We are all under a duty to use “ordinary care” when driving a car or truck. In a personal injury claim involving a car or truck accident, negligence is usually what causes most accidents. Some types of negligent conduct that may cause an auto accident and personal injury include: Failure to maintain a proper lookout.
Failure to control their speed, such as speeding or driving too slowly.
Following too closely behind another vehicle.
Failing to yield right of way.
Going through a red light or stop at a stop sign.
Failure to control non-use of the vehicle brakes in cars.
Failing to use the horn.
Lack of properly conducted driving signals.
Driving in an altered state, as under the influence of alcohol or drug.
Driving on the wrong side of the road.
This is not an exhaustive list as there may be many other ways that the car or truck driver can act negligently and cause injury.
Moreover, in many cases of car accidents, the driver failed to use ordinary care in multiple ways. To demonstrate that the actions of the other car or truck driver’s negligence is responsible shall be shown to have been the case “close” of your injuries. “Proximate cause” means that cause which, in a natural and continuous sequence, produces an event, and without causing such an event would not have occurred. To be a proximate cause, the act or omission complained of must be such that a person using ordinary care would have foreseen that the event, or some similar event, might reasonably result therefrom.
There may be more than one proximate cause of an event. In the case of a car accident, proximate cause is rarely a problem in a car or truck accident. Once duty (negligence, breach of duty) and causation are established, it is necessary to assess the damage that can be recovered by someone injured in an automobile accident. The most common types of damages sought and recovered in an auto accident personal injury in Texas: Past and future physical pain and mental anguish
Past and Future physical impairment losses
Loss of consortium
Loss services to families of the past wage earner
Loss of future earning capacity for future medical expenses
Past medical expenses punitive (exemplary)
Damages in some cases
End-use may be the result of driver inattention, speeding, distraction, and reduction value.
Traffic accidents that are the result of driver impairment are common. The impairment may be caused by many factors including drug and alcohol abuse. In some cases, a claim for personal injuries from a car accident may also be brought against persons other than the driver negligent. If the driver was working for a company or individual, the employer may be liable for the negligence of the driver and damage arising from the accident. Moreover, even if not working, the vehicle owner may be liable for the negligence of the driver.
This is known as liability for negligent entrustment. Purposes of this cause of action, an owner of a vehicle that allows another for its operation can be held responsible for his negligent driving. The owner – whether friend, acquaintance, parent, brother, sister, spouse or another relative – may be liable if negligently entrusted the vehicle to someone who knew or should have known, of being a daredevil, incompetent or unlicensed.
This Blog was posted by No.1 Lawyer – Carabin Shaw Attorneys At Law in El Paso