Driver responsibilities under Texas car accident law

When you choose to get behind the wheel of a motor vehicle and drive, you are taking on certain responsibilities.

Texas law requires you to exercise reasonable care when driving to avoid harming others. A person who fails to fulfill this responsibility may be found negligent and be held legally and financially responsible for the injuries and damage they caused as a result of that negligence.

In Texas, one of the most important driver responsibilities is the duty to maintain a “proper lookout.”

“Proper lookout” is a term used to describe a driver’s responsibility to intelligently and carefully observe the road, other motorists and their general surroundings while driving. As a driver, you have a duty to take reasonable steps to avoid car accidents.

The proper lookout standard is used by Texas courts to help determine who is at fault for a car accident.

Other driver responsibilities include:

  • Driving at a reasonable speed for the current conditions
  • Keeping your car in good repair and working order
  • Maintaining control of your vehicle

If you have been injured in a car accident caused by a negligent driver, you should seek the immediate advice of a qualified Texas personal injury attorney. At Fears | Nachawati, we provide free legal advice to car accident victims.

Texas woman forms group to raise awareness about dangers of distracted driving

A Texas woman is leading the charge in a campaign to ban texting and talking on cell phones while driving.

Jennifer Smith, from Grapevine, Texas, founded “FocusDriven,” an organization whose mission is to raise awareness about the dangers of distracted driving. Specifically, FocusDriven is dedicated to getting legislation passed that will ban talking on cell phones and texting while operating a motor vehicle.

FocusDriven is the first national nonprofit organization devoted specifically to raising awareness about the dangers of distracted driving.

Smith lost her mother in a car accident caused by a man who ran a red light while talking on a cell phone. Ever since her mother’s car accident death, this Texas native has been actively raising awareness about the dangers of using a cell phone while driving.

In fact, Smith even brought a lawsuit against Sprint Nextel over her mother’s death, claiming the company did not do enough to warn consumers about the hazards of talking on a cell phone while driving.

The statistics certainly back up FocusDriven’s message about the dangers of distracted driving. In 2008, 6,000 deaths in the United States were attributed to distracted driving. Of the 1.4 million car crashes that took place in 2008, a staggering 200,000 were attributed to drivers who were texting while driving.

Texas in particular has been singled out by Advocates for Highway and Auto Safety for its gaps in highway safety laws.

If you have lost a loved one in a car accident caused by a distracted driver, contact a Texas personal injury attorney to learn about your legal rights and options.

One dead, one injured following Plano, Texas, car accident

A Dallas man was killed in a Plano car accident early Saturday morning.

The victim was 33-year-old Albil C. Bernal. According to witnesses, Bernal ran a red light at the intersection of West Park Boulevard and Custer Road. His pickup truck then struck a Hyundai sport utility vehicle.

As a result of the accident, Bernal was pinned underneath his truck. He died at the scene.

The driver of the Hyundai suffered non-life threatening injuries and was taken to a local hospital for treatment.

The cause of the accident remains under investigation.

Click here to read more about this Plano, Texas, car accident.

If you or someone you love has been injured in a car accident, contact the Texas personal injury lawyers of Fears | Nachawati. Email us or phone us toll free at 1.866.705.7584 today for free legal assistance.

12-year-old child killed in four-vehicle car accident

A 12-year-old boy was killed in a four-car accident Tuesday in Flower Mound, Texas. The accident took place on U.S. 377 at around 4:00 p.m. where the highway intersects with Stone Crest Road.

The chain reaction accident started when a car rear-ended a pickup truck that was waiting to turn left off the highway. The truck was then pushed into oncoming traffic. An approaching driver lost control of their vehicle while attempting to avoid the truck, striking a fourth vehicle.

The child was a passenger in the car that lost control. He died at the scene of the accident. Two others were injured and taken to area hospitals.

U.S. 377 was shut down for more than three hours while investigators worked the scene.

To read more about this Flower Mound, Texas, car accident, click here for the full story.

Have you or someone you love been injured in a car accident? Then contact the Texas personal injury lawyers of Fears | Nachawati. To receive free legal advice about your car accident claim, email us or phone us toll free at 1.866.705.7584.

Two teens killed in single-vehicle car accident

Two people are dead and a third is injured after a single-vehicle car accident on U.S. Highway 82.

The accident took place on Sunday morning as the driver, 18-year-old Dale Everett Thomas, was headed west on Highway 82, near Highway 289. For reasons that remain unclear, Thomas’s car rolled several times across the center median and landed on the pavement in the east lane of the highway.

Thomas died from injuries sustained in the accident, as did one of his passengers, 16-year-old Kendall Breigh Golden. A third passenger, a 16-year-old boy whose name has not yet been released, was taken to an area hospital for treatment.

Traffic on Highway 82 was shut down for several hours as police completed their investigation. At this point, all investigators can say is that speed definitely played a role in the accident.

To read more about this Sherman, Texas, car accident, click here for the complete article.

If you have been injured in a Texas car accident, contact the personal injury law firm of Fears | Nachawati today to receive free legal assistance. Email us or phone us toll free at 1.866.705.7584 to speak to a Texas personal injury lawyer at no charge.

Eight injured in five-vehicle Plano car accident

Eight people were injured in a five-vehicle accident in Plano, Texas, on Monday afternoon. The accident caused major traffic delays, with the southbound lanes closed between Park Boulevard and Plano Parkway for six hours.

The accident took place north of 15th Street on Central Expressway. Plano police believe the accident was caused by an 18-wheeler careening into the southbound HOV lane and striking a Texas DOT truck located in a construction zone.

The 18-wheeler then struck a pickup truck. As a result of the impact, the pickup truck flipped over a box truck and crashed into a Mazda.

After being struck by the 18-wheeler, the Texas DOT truck smashed into a concrete median, pushing it into the northbound HOV lane.

Both the southbound and northbound HOV lanes will be closed while repairs are being made.

Five of the eight injured individuals were treated and released at the scene. The remaining three were taken to nearby hospitals.

To read more about this Plano, Texas, car accident, click here for the complete article.

If you have been injured in a Texas 18-wheeler accident, contact Fears | Nachawati today for free legal advice on your possible personal injury lawsuit. To speak with an experienced Texas personal injury lawyer, simply email us or phone us toll free at 1.866.705.7584.

I am partly to blame for my car accident. Can I still sue the other driver?

In some cases it is still possible for you to bring a lawsuit against the other driver even if you were partly at fault for your car accident.

Texas uses a system of comparative negligence, properly referred to as “proportionate responsibility.” Comparative negligence occurs when the defendant argues that the plaintiff was responsible for some of their own injuries and shares the blame for the accident.

In a Texas car accident lawsuit involving comparative negligence, the jury will be asked to determine each party’s percentage of responsibility, which can range from 0% (no responsibility) to 100%. (complete responsibility).

While bearing some fault for an accident does not necessarily bar you from bringing a lawsuit, note, however, that in Texas, if you are found to be more than 50% responsible for your own injuries, then you cannot recovery any damages.

If you have been injured in a car accident, contact the law firm of Fears | Nachawati today to receive free legal advice. You will speak with a Texas personal injury lawyer who will help you understand your legal rights. Simply email us or phone us toll free at 1.866.705.7584.

I was hurt in a car accident. Can I sue the owner of the vehicle?

If you were in a car accident in Texas, it is sometimes possible to bring a lawsuit against someone other than the driver of the car. If the driver of the car is not also the owner of the car, then the doctrine of negligent entrustment may apply under specific circumstances.

Note that liability for negligent entrustment does not apply in all cases where someone other than the owner was driving the car that caused the accident. Rather, negligent entrustment occurs when the owner of a vehicle entrusts that vehicle to a driver they know is reckless, incompetent or unlicensed. Should that reckless, incompetent or unlicensed driver cause an accident, then the owner is liable for the damages.

An experienced Texas car accident lawyer can review the facts of your case and determine which parties may be held liable for your injuries and losses. If you have been hurt in a car accident, contact Fears | Nachawati today to speak with a Texas personal injury lawyer. You can email us or phone us toll free at 1.866.705.7584.

Teacher injured when pickup truck plows through donut shop

A high school teacher was injured when a pickup truck crashed into a Grand Prairie donut shop.

The driver of the pickup, a 78-year-old man and a regular customer at the shop, mistakenly hit the gas instead of the brake. His vehicle then smashed through the shop.

Three teachers from Crosswinds High School were dining in the donut shop at the time of the accident. Two of the teachers were able to get out of the way of the truck, but the third was hit and taken to Arlington Memorial Hospital, possibly with a broken hip.

The driver of the pickup truck was uninjured. Police say they do not expect to bring any charges against him.

The owner of the building, Michael Zimmerman, estimates that the accident resulted in at least $5,000 worth of damage to the shop.

For the complete story on this Texas car accident, click here.

If you have been involved in a car or truck accident, contact the Texas personal injury lawyers of Fears | Nachawati today. You will receive free legal advice from an experienced car accident attorney. Simply email us or phone us toll free at 1.866.705.7584.

Head-on collision kills three, injures three

Three people are dead and another three are injured after a head-on collision Friday morning that took place south of Lavon Lake, Texas. The accident occurred at around 10:00 a.m. on Highway 205, about a mile outside of Wylie.

Among those injured was a four-year-old girl who lost her mom and grandparents in the accident.

It appears that the white Hyundai SUV was traveling north when it likely hydroplaned, crossing the center line and hitting a Honda Passport minivan head-on.  It was raining at the time of the accident.

The driver of the minivan as well as two passengers in the vehicle were killed. The two individuals in the SUV suffered nonlife-threatening injuries.

The investigation into the accident remains ongoing. As of Friday, no charges had been filed.

To read more about this Texas car accident, click here for the full article.

If you have been injured in a car accident, contact Fears | Nachawati today for free legal advice from a Texas personal injury lawyer. You can e-mail us or phone us toll free at 1.866.705.7584.

Can I be found liable if my car is rear-ended in a car accident?

If you are rear-ended, the car accident is almost always the other driver’s fault. 

Every driver has a basic duty to allow themselves enough distance in order to stop safely. If a driver is unable to stop when the vehicle ahead of them brakes, then they are not driving safely. 

In other words, they’re not exercising reasonable caution, which means that they can be found negligent and responsible for the accident.

There is, however, no hard and fast rule that being hit from behind always means the other driver is at fault, regardless of the circumstances. There may be situations when a driver is responsible for an accident even if they were hit from behind. An experienced car accident attorney will be able to review the facts of your case and advise you on who will likely be found at fault for the accident and whether you have a good claim for a personal injury lawsuit.

If you have been involved in a car accident, contact Fears | Nachawati today to receive free legal advice. Just email us at info@fnlawfirm.com or call our toll-free number at 1.866.705.7584.

Pet boa constrictor missing after car accident

A boa constrictor is missing after a single-vehicle car accident last week.

Last Thursday, a woman, whose name officials will not release, was in a one-vehicle rollover accident in Troup. And she lost more than just control of her car…she lost her five foot-long pet boa constrictor.

When officials arrived at the scene, they found the woman walking down the road with her vehicle turned upside down in some nearby trees.

The woman told responders from the Troup Volunteer Fire Department that she was transporting the snake in an aquarium and that she could not locate the snake after the accident.

The woman was treated for nonlife-threatening injuries, and warns that the snake may bite.

For more on this Texas car accident and the missing snake, click here to read the complete oracle.

To receive free legal advice on personal injury lawsuits, contact Fears | Nachawati. You will speak with a Texas personal injury attorney who will provide you with free legal advice. You can email us at info@fnlawfirm.com or call our toll-free number at 1.866.705.7584.

How to avoid car accidents

Texas roadways can be a dangerous place. While it isn’t possible to entirely eliminate the risk of being involved in a car accident, there are simple steps that drivers can take to help avoid motor vehicle collisions.

You can avoid car accidents by:

Eliminating distractions: Distractions include eating, drinking, talking on a cell phone and changing radio stations.

Keeping your vehicle in good repair: Have your car maintenanced regularly.

Avoiding driving at night or in inclement weather: Darkness and poor weather conditions greatly reduce visibility, and night driving presents a risk of fatigue.

Remaining aware of your surroundings: One of the most important safety precautions you can take while driving is to simply keep your eyes on the road at all times and be aware of the other motor vehicles around you.

Obeying traffic laws: Always follow the rules of the road.

Exercising particular caution when driving through intersections: Intersections are where the majority of accidents occur.

Never drinking while driving: Alcohol impairs your judgment and slows your reaction time.

Following the speed limit: Excessive speed reduces your braking distance, which means you have less time to react to potential hazards.

If you have been involved in a car accident, contact Fears | Nachawati for free legal advice. You can email us at info@fnlawfirm.com or call our toll-free number at 1.866.705.7584.