Speeding is one of the most frequently cited causes of Texas motor vehicle accidents. At higher speeds, a car accident is much more likely to result in serious injuries or even death.
If you or a loved one has been injured in an accident due to the negligence of another driver, you should schedule a consultation with an experienced Texas motor vehicle accident attorney as soon as possible to discuss your legal rights.
Speeding in Texas: What the Law Says
Texas’ driving laws are found in the Texas Transportation Code.
Section 545.351 is titled “Maximum Speed Requirement.”
Section 545.351(b) states, “An operator shall control the speed of the vehicle as necessary to avoid colliding with another person or vehicle that is on or entering the highway in compliance with the law and duty of each person to use due care.”
Drivers who do not properly control their speed and cause an accident may be held liable for damages in a Texas car accident claim.
Obtaining Compensation After a Texas Car Accident Claim
In Texas, car accident claims are included under the broader category of negligence claims.
In a negligence claim, the injured victim must prove a series of facts in order to obtain compensation for medical bills and other types of losses.
First, the injured victim must show that the at-fault driver had a duty to the victim.
In a car accident case, this duty would be the duty to drive in a manner that is reasonable under the circumstances while traveling on public roadways.
Next, the injured victim must show that the at-fault driver breached this duty. There may be several breaches in a single-car accident claim.
For example, a driver may be speeding and texting at the time of an accident. Or, the driver may be speeding and may run a stop sign or stoplight.
Finally, the injured victim must show how the at-fault driver’s negligence caused the victim’s damages. Damages may include:
- Medical bills
- The cost of future medical care
- The cost of remodeling a home, such as installing wheelchair ramps
- Lost wages
- Loss of earning capacity
- Loss of employment benefits
- Pain and suffering
- Emotional distress
Other types of damages may also be included. The amount of damages available varies depending on the circumstances of the case.
The victim must prove that any damages sought were caused by the motor vehicle accident—not a preexisting injury or condition.
Proving That a Driver Was Speeding
Insurance companies will try to use any reason to refuse to pay a claim. They may argue that their insured driver was not speeding at the time of the crash, for example.
However, there are ways to show that a driver was traveling too fast.
If there were any eyewitnesses to the accident, they may be able to provide a statement that the driver was speeding just before the crash.
Accident reconstruction experts are able to study the damage to vehicles, as well as the site of the accident, to estimate a vehicle’s speed at the time of an accident.
For example, these experts study the length and nature of tire skid marks to calculate a vehicle’s speed.
Depending on the vehicle make and model, data from the car’s internal computer may be used to determine if a vehicle was speeding.
Sometimes, there are cameras or video cameras installed at intersections or local businesses that capture accidents. These photos and footage may be used in a motor vehicle accident claim.
How an Attorney Can Help You
The legal process can be overwhelming and confusing at times.
However, experienced Texas personal injury attorneys know how to prove that your accident was caused by the negligence of another driver.
These attorneys pursue all avenues of recovery in your case so that you obtain the maximum amount of compensation available under the law.
When you hire an attorney, you no longer have to worry about the insurance company calling you or how you will prove your case.
Your attorney handles all of these issues on your behalf. Your focus is on recovering from your injuries and moving forward with your life.
However, there are deadlines in place that limit how long claimants have to pursue legal action against an at-fault driver.
Therefore, it is important to meet with an attorney as soon as possible after an accident.
Call Patterson Law Group Today to Discuss Your Accident
At Patterson Law Group, we are proud to represent clients throughout the state of Texas in their motor vehicle accident claims. To schedule a free consultation with our personal injury attorneys, contact us at 817-659-2947.