Learn How Negligence Affects Your Case After a Texas Truck Wreck
If you’ve been injured in a Texas truck accident and you believe it was the truck driver’s fault, you could be eligible to receive financial compensation. You may be able to gain this compensation through a settlement or by winning a jury verdict in a personal injury lawsuit filed with the help of an attorney in a local court.
The legal concept that governs most such cases is known as negligence. We use the term negligence often on this website, and you might hear it tossed about on television and radio. However, few people know what the legal concept of negligence actually is.
Generally, negligence comes into play when determining who was at fault in an accident. In Texas, all drivers are required to pay attention to the traffic and circumstances around them and take whatever precautions they can to prevent an accident. A driver who fails to live up to this expectation can be considered negligent.
If a driver is deemed responsible for causing the accident because of negligence, then the other people who were involved in the accident may be eligible to seek compensation from the negligent driver for their damages. Usually, it’s the responsibility of the person who is trying to gain compensation to prove that the other driver was negligent.
For the purposes of a Houston truck wreck case, negligence has four elements that must be proved:
- Duty. The driver had the duty to act as any sensible person would behave in the circumstances surrounding the incident. For example, the driver had the duty to drive safely and obey the traffic laws, including the posted speed limit and traffic signals.
- Breach. The driver must have breached his or her duty. In the case of a truck accident, if the driver violated a traffic law, the driver breached his or her duty to drive safely.
- Causation. The driver’s breach of duty must have caused the accident. If, for instance, the truck driver was speeding but the accident was caused by another driver who ran a red light, the truck driver most likely cannot be held responsible.
- Damages. The driver’s actions must have caused damage to the party who is seeking compensation. In other words, being involved in a wreck does not automatically make a person eligible to seek compensation. The person must have incurred medical bills, missed time at work, sustained damage to his or her vehicle, or incurred other costs as a result of the accident.
Proving negligence in Houston truck accident injury cases can be difficult. Having a knowledgeable Houston personal injury attorney on your side can give you a decided advantage.
If you are looking for an experienced lawyer to represent you in your case, look no further than Attorney Steve Lee, who has 38 years of experience in the same area. For a no-cost, no-obligation consultation about your case, call (800) 232-3711 today.