Texas Car Accidents
Car Accidents are caused by negligent driving. Yes, this is obvious, but what exactly does negligent driving mean?
If you have a car wreck and end up in court, the question for the jury will be:
Did the negligence, if any, of DEFENDANT DRIVER proximately cause the accident in question? YES or NO
” Negligence,” when used with respect to the conduct of DEFENDANT DRIVER means failure to use ordinary care, that is, failing to do that which a person of ordinary prudence would have done under the same or similar circumstances or doing that which a person of ordinary prudence would not have done under the same or similar circumstances.
The law requires ______________. A failure to comply with this law is negligence in itself.
It is safe to assume that “a person of ordinary prudence” will follow the Texas Drivers Handbook. But when was the last time you looked through the Texas Drivers Handbook? Take a look now. You will find something you didn’t know about driving, or that you have forgotten.
Have you ever read the Texas Rules of the Road in Chapter 545 of the Texas Transportation Code? There are specific requirements for drivers depending on the situation. Do it wrong and you may not only receive a citation, but may also be found guilty of negligence per se if you cause an accident. Negligence per se is when a person’s expected standard of conduct is defined by a statute – instead of being judged by the ordinary prudent person test. In other words, fill in the blank above with the law violated and the judge is now instructing the jury that the DEFENDANT DRIVER was negligent.
Did you know that there are also specific laws on what you must do if you are in an accident? Please also review CHAPTER 550. ACCIDENTS AND ACCIDENT REPORTS of the Texas Transportation Code.
NHTSA did a study in 2008 and found that motor vehicle traffic crashes were the leading cause of death for every age 3 through 6 and 8 through 34. There many statistics, but one death caused by negligent driving is one death too many.
Know the rules of the road, keep your eyes on the road, put down the cell phone, do not drive if you are intoxicated or fatigued, and drive defensively.
To avoid car accidents the Texas Drivers Handbook recommends:
DEFENSIVE DRIVING
To avoid crashes, the defensive driver should:
1. Stay alert and keep his eyes moving so that he [or she] can keep track of what is happening at all times.
2. Look for trouble spots developing all around him [or her].
3. Have a plan of action if the other driver does the wrong thing.
4. Know that the law requires drivers to protect each other from their own mistakes.
You cannot drive defensively if you are DRIVING WHILE DISTRACTED. According to NHTSA, you are 23 times more likely to be in a crash if you text while driving. So “OMG” please put down the phone and watch the road while driving.
If the accident was caused by a distracted driver, please see our posts; Distracted Drivers Hurt People and Texas Texting While Driving Ban Becomes Law.
This post was not meant to be the lecture it turned out to be. Oh well, if it helps one person drive safer, then it was worth posting.
Please also refer to our personal injury blog and our posts, East Texas Auto Accident Lawyer, Truck Accident Lawyer, Motorcycle Accident Lawyer, Documenting Personal Injury Damages and Motor Vehicle Crash, Now What?
East Texas Personal Injury Attorney
We have experience with cases involving car accidents caused by negligent driving, and if you or one of your family members has been seriously injured or killed as a result of negligent driving and need a Texas attorney, please do not hesitate to give East Texas Attorney, Chris Jones, Board Certified Personal Injury Trial Law, a call at 903-236-4990 for a free initial consultation or send us a message at Contact Us.
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