Car Accident Law – These are legal rules which determine the parties who are responsible for causing car accidents and the resultant effects (body injuries, loss of lives or damage to property).
In order to obtain compensation, victims of car accidents are typically required to prove one or more of the following primary elements in law; duty, harm, breach and causation.
Drivers are legally required to obey all traffic rules. In case of an accident, the complainant will be required to produce evidence that will prove how the defendant breached his/her duty of care. The complainant must also prove the principle of causation, e.g. by providing medical testimony that proves that the injuries sustained were as a result of the accident.
Finally, the complainant must prove the element of harm. This can be done by providing evidence to show damage to the complainant’s vehicle or medical bills. The Houston Car Accident Lawyer can walk you through this step and handle most of this for you without your concern.
What to do immediately after a car accident
When a car accident occurs, the driver(s) involved are required by law to stop immediately. If anyone has been injured, the drivers are expected to call the police and an ambulance. It’s imperative for the involved parties to exchange particulars such as names, addresses, car registration numbers and insurance details (where applicable).
The parties involved should never accept liability or start any negotiations without involving their respective lawyers or insurance providers. It’s important to record the names and addresses of any eye witnesses, and also take photographs of the accident scene.
Sources of evidence
In the event of a car crash injury, the following can be used as evidence in a court of law by your Houston car accident attorney; formal police reports, testimonies by eye witnesses, medical bills, Re Gestae statements (excited utterances or self admission of fault made immediately after an accident), medical reports, photographs, traffic surveillance video footage, blood-alcohol readings, among others.
Motorists’ duty of care
Motorists are legally expected to;
- Observe the prescribed speed limits while driving.
- Giving appropriate signals to other drivers and pedestrians (using the vehicles’ headlights and indicators).
- Obey all the traffic signs.
- Give right of way to pedestrians (at crosswalks).
- Properly use and maintain the vehicle.
- Properly maintain control of the vehicle while driving.
- Always be on the look-out/ remain vigilant.
If a court of law determines that a car accident occurred as a result of the motorist’s negligence, the court may order such a motorist to compensate the injured party by paying damages.
Pedestrians’ duty of care
Pedestrians have the legal obligation to;
- Strictly obey safety warnings, traffic lights and other signs.
- Use common sense to avoid possible danger.
- Walk along the prescribed sidewalks and always be alert and careful.
- Act reasonably and prudently under the circumstances existing at the material time.
- If a court of law determines that a pedestrian involved in a car accident did not practice his/her duty of care, he/she may not be awarded compensation.
- In the court of law, the complainant can successfully sue the defendant and obtain compensation if the court establishes that the defendant;
- Exceeded the recommended speed limit.
- Was drunk or under the influence of intoxicating substances at the material time.
- Was distracted because of listening to loud music, texting, calling or eating.
- Disobeyed or ignored traffic signals.
- Was driving carelessly.
- Was driving on the wrong side of the road.
To find out more information how The Houston Car Accident Lawyer can help you and get you the restitution you deserve, call us at 844-431-9930 for a consultation.