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Accidents can cause serious injuries and often result in challenging financial situations for all who are involved. When the accident was caused by a driver who displayed negligence and could have potentially been avoided, the situation can become even more frustrating. In the event of an accident, call an experienced car accident attorney to learn more about your options.

Most car accident claims are based on negligence, and the following is some information about this legal principle. 

 

What is Negligence? 

Negligence is a legal concept that creates liability for harm caused. Negligence generally means failing to act as a reasonable person would in a given situation. The specific elements of negligence are:

  • Owing a duty of care to others
  • Breaching the duty of care
  • Causing injuries due to the breach
  • Injuries lead to damages for the victim

Drunk drivers and distracted drivers are two of the most common types of negligent drivers. These two categories of drivers are especially dangerous because their behavior is most often unpredictable. For this reason, it is important to recognize some of the signs that a driver is unaware of their surroundings, too tired, or too drunk and unfit to operate a vehicle. 

Negligence in Car Accidents

Some examples of negligent behavior include but are not limited to:

  • Rolling through a stop sign or other traffic sign without paying attention
  • Driving significantly over or under the speed limit
  • Changing lanes or drifting over into a different lane suddenly and without using a turn signal
  • Drowsy drivers nodding off while behind the wheel
  • Making an illegal turn 
  • Braking suddenly and without warning 
  • A driver who is looking at their cell phone instead of watching the road

 

Negligence vs. Reckless Driving 

Negligent and reckless driving behavior are some of the most common causes of car accidents. When a driver is negligent, they usually do not intentionally create a harmful situation, but instead, make an error. On the other hand, a reckless driver refers to someone who acted aggressively and intentionally with no regard for the danger they create. Road rage is a prime example of a reckless driver. 

 

What to do After a Car Accident Caused by a Negligent Driver

The moments after a car accident can feel surreal and disorienting. It can be easy to become confused and unsure of what to do. A few things to remember include:

  • Make sure the scene is safe before exiting your vehicle
  • Contact the police to file an accident report – the police can obtain information from both parties to help start a claim
  • Get medical attention for any injuries or to discover invisible injuries
  • Speak with a lawyer who understands the process of determining a negligent driver in Texas

 

Speak with a Spring Car Accident Lawyer Right Away

If you have been in a car accident in Texas and believe that the other driver was negligent, it is advisable to talk to a knowledgeable car accident attorney as soon as possible. The Holladay Law Firm has many years of experience helping those who have been impacted by car accidents caused by negligent drivers. Contact us today to schedule a free consultation

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