Collisions occur daily throughout Texas, with many resulting in life-threatening injuries. An accident victim may be entitled to seek restitution in civil court for financial damages. To succeed, a plaintiff must prove that the defendant is legally responsible for what occurred. In other words, what constitutes liability in car accidents?
There are three primary issues to consider whether someone is financially responsible for damage in a car accident. A judge presiding over a personal injury case always has these issues in mind. In some cases, more than one issue is relevant.
Car accidents often involve driver negligence
Negligence is one of the key elements to establishing liability when someone files a personal injury claim in civil court following a motor vehicle accident. Another word for negligence is “carelessness,” which means that a driver may have been distracted or otherwise was not fulfilling the duty of care that all motorists owe to others in or near the roadway. When negligence is the cause of a collision that results in injury, the party deemed negligent may be held accountable for damages.
Reckless driving
If a person willfully disregards the safety of others, such as blowing through a red light, speeding well beyond the limit or making unsafe lane changes, these are typically considered reckless acts. Reckless drivers are typically found liable for willful acts that result in injury to another. A third element that determines liability when car accidents occur is intentional misconduct. Sadly, many lives have been lost and serious injuries suffered because of drivers using their vehicles to cause intentional harm. If a person is unsure whether he or she has grounds for bringing a claim to court, it’s important to ask a personal injury attorney to review the case.