Speeding is one of the most common causes of automobile accidents in Texas. At higher speeds, a car accident is much more likely to result in serious injury or even death.
If you or a loved one was injured in an accident due to another driver's negligence, you should arrange a consultation with an experienced Texas auto accident lawyer as soon as possible to discuss your legal rights.
Speeding in Texas: What the Law Says
Texas driving laws are included in the Texas Transportation Code.
Section 545.351 is entitled "Maximum speed requirement".
Section 545.351 (b) states: “An operator must control the speed of the vehicle as necessary to avoid a collision with another person or other vehicle that is on the highway or driving on the highway, in accordance with laws and obligations to avoid any person for proper use. "
Drivers who do not properly control their speed and cause an accident can be held responsible for damage claimed in a Texas car accident.
Receiving compensation after a car accident in Texas
In Texas, auto accident claims fall under the broader category of negligence claims.
In an action for negligence, the injured victim must provide a number of facts in order to receive compensation for medical bills and other types of loss.
First, the injured victim must demonstrate that the culpable driver had a duty to the victim.
In a car accident, this obligation would be the obligation to drive appropriately on public roads under the circumstances.
Next, the injured victim must demonstrate that the culpable driver has violated this obligation. There can be several violations in a car accident.
For example, a driver can accelerate and text SMS at the time of an accident. Or the driver accelerates and may drive a stop sign or traffic lights.
Finally, the injured victim must demonstrate how the negligent driver's negligence caused the victim's damage. Damage can be:
- Medical bills
- The cost of future medical care
- The cost of remodeling a house, like installing wheelchair ramps
- Loss of wages
- Loss of employability
- Loss of unemployment benefit
- Pain and suffering
- Emotional stress
Other types of damage can also be included. The amount of damage available depends on the circumstances of the individual case.
The victim must demonstrate that all of the damage claimed was caused by the motor vehicle accident – not an existing injury or condition.
Prove that a driver was accelerating
Insurance companies will try to refuse to pay a claim for any reason. For example, you could argue that your insured driver did not accelerate at the time of the accident.
However, there are ways to show that a driver was traveling too fast.
If there were eyewitnesses to the accident, they may be able to explain that the driver drove too quickly just before the accident.
Accident reconstruction experts can examine vehicle damage and location to estimate the speed of a vehicle at the time of an accident.
For example, these experts examine the length and type of tire slip marks to calculate the speed of a vehicle.
Depending on the make and model of the vehicle, data from the vehicle's internal computer can be used to determine if a vehicle is accelerating.
Sometimes cameras or video cameras are installed at intersections or in local companies to record accidents. These photos and footage can be used in a car accident.
How a lawyer can help you
The legal process can sometimes be overwhelming and confusing.
However, seasoned personal injury lawyers in Texas know how to prove that your accident was caused by another driver's negligence.
In your case, these lawyers will pursue all possible means of recovery so that you receive the maximum amount of compensation permitted by law.
When you hire a lawyer, you no longer have to worry about whether the insurance company will call you or how to prove your case.
Your lawyer will handle all of these questions on your behalf. Your focus is on recovering from your injuries and driving your life forward.
However, there are time limits that determine how long applicants must take legal action against a culpable driver.
It is therefore important to meet with a lawyer as soon as possible after an accident.
Call the Patterson Law Group today to discuss your accident
At Patterson Law Group, we are proud to represent customers across the state of Texas with their auto accident claims. To arrange a free consultation with our personal injury attorneys, contact us at 817-659-2947.