The definition of negligent driving varies from state to state, but what is known across the map is that it is unbelievably irresponsible. It’s shocking how drivers can act while they are on the road; they put themselves and others around them at great risk due to thoughtless action. Here is what negligent driving in the state of Texas means, and why you have the right to demand compensation if you are the victim of a car accident on account of negligence.
The Five Factors
According to FindLaw, in a case of personal injury from an accident behind the wheel due to negligence, there have to be these five factors proven to a court: duty, breach of duty, cause in fact, proximate cause, and damages. A driver’s duty behind the wheel is to be fully alert, obey the rules of the law, and not allow distractions to cause them to lose focus of that duty. A breach of duty is when a thoughtless driver causes an accident due to not following through on their duties, resulting in the accident, or the cause in fact. The cause in fact states that the accident was “in fact” the reason that the plaintiff presenting the case has been injured. Proximate cause is that it was clear that driving while distracted would result in the accident, and damages are the compensation the plaintiff is trying to achieve for their injuries.
Types of Negligent Driving
As stated previously, negligent driving can take many forms, but it always is the breach of duty on proper rules of the road. Some examples include: driving while under the influence of drugs or alcohol, texting and driving, driving over the speed limit, running a red light, and others. Some of these, of course, will hold more weight with the law on the punishment of the defendant, especially when it comes to the severity of the victim’s injuries. It is important to collect as much information as possible as soon as the accident occurs to help build your case. And to help build your case, you should enlist the help of a trustworthy car accident attorney.
Call Todd R. Durham Today
The Todd R. Durham Law Firm has always believed in upholding the justice of those wronged, especially in instances of negligent driving. It represents the irresponsibility, carelessness and selfishness of drivers everywhere, and you should not pay the price for it. If you are the victim of negligent driving, call Todd Durham today at (214) 222-4000 to set up a free, in-person consultation to discuss your case. We are based in Lewisville and serve select cities in the Dallas-Fort Worth area.