Everyday auto accidents occur across Texas. And each and every auto accident is different, each resulting in differing levels of damages, injuries and losses. While most auto accidents are caused by another driver’s negligence or momentary lapse of attention, some accidents are caused by reckless behavior. Common acts of negligence include failing to yield the right of way, rear-ending a vehicle, running a stop light or stop sign or an unsafe lane change. Common acts of reckless disregard occur when a driver operates a vehicle at extreme high speeds, drives under the influence of alcohol or drugs or races another vehicle. In Texas, if the other driver is negligent the injured individual should be entitle to property damage, medical bills and expenses, pain and suffering, mental anguish, lost wages and/or lost income. If the negligent driver was also reckless the victim may be entitled to punitive damages or special damages, in addition to his or her actual damages.
Causes for car accidents and losses involve:
Drunk driving losses
Hit and run
Semi-trailer and tractor crashes
If you or a loved one has been injured in a car accident or personal injury, call the Law Firm of Serna & Associates.
Establishment of responsibility
As with most liability claims, determining who is at fault in a traffic accident is determining who was negligent. Failure problems can be tricky. Call our law firm, we can help you. Our experienced attorneys will help you determine who was at fault. We will obtain the police report on your loss, review traffic laws, and interview witnesses to determine who was at fault for your accident.
Drunk Driving Accidents
It’s unfortunate, but every day across the state of Texas, drunk drivers are killing and injuring Texans. In our opinion, drunk drivers should be punished for killing and injuring innocent victims. It is important to understand that the victim and / or her family have the right to claim actual damages and punitive damages.
In addition to the drunk driver being liable for the personal injuries he caused, a bar or nightclub can also be liable for damages if they cared for an obviously drunk guest, who then drove and caused an accident. The fact that the person who served alcohol to the drunk driver may be held liable does not relieve the drunk driver of liability.
Our experienced personal injury attorneys know the laws governing liability and can help you identify who might be liable for your injuries, including people or businesses you may not have considered.
Every ½ hour, someone in this country is killed in an alcohol-related crash or accident. In the past year alone, more than a million people were injured in alcohol-related accidents.
Accidents caused by defective products
In some cases, accidents are caused by factors unrelated to the conduct of any particular driver. For example, an accident may occur due to a defect. In some car accident cases, the loss is caused by a product defect. In such cases, an automobile manufacturer or supplier can be held liable for injuries caused by a defect in the automobile under product liability law.
A product liability lawsuit is a lawsuit filed against the seller of a product for selling a defective product that caused physical injury to a consumer or user. If a manufacturer of a product creates a defective product, whether in the design, manufacture, or labeling of the product, the manufacturer is liable for injuries caused by the product, regardless of whether the manufacturer was negligent.
Accidents caused by road defects
Bad roads and / or malfunctioning traffic control signs can also contribute to an accident. Sometimes incorrect designs, maintenance issues, construction issues, signage issues, lighting issues, or other road defect issues, including misplaced trees and utility poles, can cause serious or even fatal accidents. In cases like this, the highway construction company or even the state can be held liable. Special rules apply to claims and lawsuits brought against government entities.
Reckless behavior and road rage
A driver can also be held liable for an accident due to his willful or reckless conduct or failure to act in accordance with a reasonable driver in the same circumstances.
A reckless driver is one who operates his vehicle with “willful and unbridled disregard” for the rights and welfare of others. A driver may be reckless, for example, if he drives in a threatening or harassing manner out of “road rage” and causes an accident.
The concept of “Road Rage” is defined as “an assault with a motor vehicle or other dangerous weapon by the operator or passenger (s) of another motor vehicle or an assault precipitated by an incident that occurred on a highway.”
Statistics compiled by NHTSA show that nearly 13,000 people have been injured or killed since 1990 in crashes caused by aggressive driving. According to NHTSA, more than 60 percent of drivers consider dangerous driving by others, including speeding, to be a major personal threat to themselves and their families.
Texas law enforcement agencies are renewing their efforts to identify and sanction aggressive drivers – those who speed, behave very well, and engage in other dangerous driving practices.
In all of the above cases, it is essential that the victim or her family take the appropriate measures to preserve the evidence, investigate the loss and that the doctors or other experts evaluate the injuries and losses.
If you’ve been injured in an accident, contact Serna & Associates today.
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News extracted from https: carabinshaw.com