Negligence
To prove that somebody was negligent (breach of a duty), it must be shown that the defendant failed use ordinary care - that which a reasonable person of ordinary prudence would have done under the same or similar circumstances. We are all under a duty to use "ordinary care" in operating an automobile or truck. In a personal injury claim involving a car or truck accident, negligence is generally what causes most accidents. Some types of negligent behavior which can cause a car accident and personal injury include:
- Failure of the other car or truck driver to keep a proper lookout
- Failure of the other driver to control their speed such as speeding or driving too slowly.
- Following too closely by the other driver
- Failing to yield right-of-way
- Going through a red light or failing to stop at a stop sign
- Failure to control the vehicle
- Failure to use the brakes in the car
- Failing to use the horn
- Failing to use a turn signal correctly
- Driving in an impaired state such as under the influence of alcohol or drugs
- Driving on the wrong side of the road
This is not an exhaustive list as there can be many other ways that the car or truck driver can act negligently and cause injuries. Furthermore, in many car accident cases, the negligent driver has failed to use ordinary care in multiple ways.
To prove that the negligent actions of the other car or truck driver is liable, we must show that they were the "proximate cause" of your injuries. " Proximate cause" means that cause which, in a natural and continuous sequence, produces an event, and without which cause such event would not have occurred. In order to be a proximate cause, the act or omission complained of must be such that a person using ordinary care would have foreseen that the event, or some similar event, might reasonably result therefrom. There may be more than one proximate cause of an event. In a car accident case, proximate cause is rarely an issue.
If you or a loved one have been injured do to the negligent conduct of another, contact Michael P. Fleming, former Harris County Attorney today.
In addition to being well-known as the former Harris County Attorney, Michael P. Fleming has been recognized as a Texas Super Lawyer. His Houston law firm is AV rated by Martindale - Hubbell and has been featured in H-Texas Magazine's Top Attorneys in Houston issue. He is also one of the small percentage of attorneys in the entire country to have had the privilege of arguing and winning a case before the Supreme Court of the United States.
