In some Texas car accident cases, one or more drivers involved in the accident may be issued a traffic citation, causing some to wonder what impact that could have on a subsequent personal injury claim. Under Texas law, a motor vehicle driver must exercise reasonable care under the circumstances presented. This means that the level of care that is required in ordinary circumstances may not be sufficient in other situations. For example, the reasonable care required may be different when it is raining or snowing, or while driving in bumper-to-bumper traffic.
If a driver is issued a citation for a traffic violation, some evidence concerning the violation may be able to be used in a Texas personal injury claim. If a driver violates a traffic law or similar statute, evidence of that violation may constitute negligence per se, or negligence as a matter of law. However, the violation of a statute does not always mean there will be a finding of negligence per se. If the court determines that the defendant was negligent per se, then the jury will be instructed that is the case and the only issues for the jury to determine are causation and damages.
Texas courts consider various factors in determining whether a violation of the statute constitutes per se liability, including whether the plaintiff’s injury is due to a direct or indirect violation of the statute, and whether the statute would impose liability without fault.
New Details Emerge Regarding Texas School Bus Crash
The Texas Department of Transportation issued its findings concerning an accident that occurred in September involving a school bus in Lampasas, Texas. According to one news article, the crash occurred on September 29 and took place while public school students from Oklahoma were heading to Sea World for a field trip. The elementary school principal was driving the bus when it began to hydroplane. The report found that the bus was making a left-hand turn when it hydroplaned, crossing over the center median. When the driver attempted to get back in the correct lane, he overcorrected and lost control of the bus. The bus crashed into a ditch, rolled over, and went through a fence before it came to a stop. Several students were brought to the hospital, and at least one student remained hospitalized. The driver has reportedly been issued a citation for maintaining an unsafe speed.
Have You Been Injured in a Texas Car Accident?
The San Antonio personal injury lawyers at Carabin Shaw have been fighting for the rights of victims of auto accidents, trucking accidents, and other types of personal injury accidents for over 25 years. We have over 200 years of combined experience in personal injury law, and we proudly advocate for the rights of individuals injured or wrongfully killed in accidents. Our injury attorneys are based in San Antonio with branch offices across Texas. We offer free consultations to all prospective clients. Contact us online, or call us at 1-800-862-1260.
Texas Court Rejects City’s Claim of Immunity in Recent Car Accident Case, Texas Injury Lawyers Blog, October 19, 2018
Extension to Fix Expert Report Deficiencies in Texas, Texas Injury Lawyers Blog, April 30, 2018
Court Finds State Liable for Injuries Caused by Drop-off on Road’s Edge, Texas Injury Lawyers Blog, October 19, 2018