Liability in Texas car crashes is generally governed by negligence principles. Negligence refers to a party’s failure to act in a way that an ordinarily prudent person would act under the circumstances to prevent an unreasonable risk of harm. Under Texas law, the elements of a negligence claim are: 1) a legal duty owed by one person to another; 2) a breach of that duty; 3) damages; and 4) proximate causation of the damages by the breach of duty.
The standard of care one person owes another depends on the circumstances surrounding the accident as well as the relationship between the parties. Generally, the standard of care refers to the care and diligence that an ordinarily prudent person would use to prevent injuries under the circumstances. Therefore, a plaintiff must show that a defendant did something (or failed to do something) that a person exercising ordinary care would not have done under the circumstances.
In car accident cases, in order to hold another driver liable, a plaintiff must show that the driver was negligent and also that the other driver’s negligence proximately caused the plaintiff’s injuries. Proximate cause refers to both the direct cause of the damages and the foreseeability of the damages. In cases involving more than one negligent driver, each driver is jointly and severally liable for the resulting damages.
Family Killed in Massive Texas Crash
A recent crash in Mount Pleasant resulted in the deaths of at least five people, according to one local news source. The crash, which occurred on a Friday morning, involved several 18-wheelers and a minivan. The Texas Department of Public Safety reported that the crash began when a U-Haul overturned on the I-30 interstate. The wreck blocked the interstate’s eastbound lanes, but only minor injuries were reported. About an hour after the initial crash, three 18-wheelers failed to stop for the wreck, and a fourth 18-wheeler collided with the back of a minivan. The van was crushed between two of the 18-wheelers.
Three children were in the minivan with their parents. The mother and all three children were killed, and the father was transported to a hospital and admitted in critical condition. One of the drivers of the 18-wheelers was killed, and the other three drivers and a passenger were taken to a hospital for minor injuries. The accident is still under investigation.
Contact a Personal Injury Attorney
If you or a loved one has been injured in a Texas truck accident, contact a San Antonio personal injury attorney to determine which rights you have and how you can enforce them. The attorneys at Carabin Shaw aggressively represent individuals across Texas who have suffered catastrophic injuries and wrongful deaths. We stand up for victims against insurance companies, and we will not hesitate to take a case to trial if an insurance company wrongfully refuses to honor or resolve your claim. With over 200 years of combined experience in Texas personal injury law, we are ready to help clients get back on their feet after serious Texas accidents. Call us at 1-800-862-1260 or use our online form to schedule a free consultation.
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