Hit by Reckless/Speeding Driver

According to the 2002 National Highway Transportation Safety Agency traffic report, speed is a factor in 31% of all fatal accidents. In 2003, Texas Highway Patrol issued 528,000 citations for speeding - and that doesn't include tickets issued by local law enforcement, or the drivers who were never caught. Drunk driving, road rage, driving while drowsy, racing, running red lights and stop signs, and several other unsafe driving practices account for most of the auto accidents in Texas, and thousands of innocent victims are injured or killed as a result of these reckless drivers each year.

Texas law states that every individual must "exercise reasonable care" when driving any motor vehicle. Failure to do so constitutes negligence. This is broken down into two areas: whether the driver knew that his or her actions could result in an accident, and whether the driver used "proper lookout."

"Foreseeability" means that a driver should know that speeding, drunk driving, and other forms of reckless driving creates unnecessary risk - and could likely cause an accident resulting in injury or even death. The law states explicitly that all drivers on Texas roadways have a duty to understand this unnecessary risk, and avoid taking actions that could cause harm to other drivers or pedestrians. Failing to do so is identified as negligence.

"Proper lookout" means that a driver is required to pay attention to the road and other cars at all times to reduce the possibility of accidents, and to be able to actively avoid an accident if another car or object gets into the driver's path or comes to close to the driver's vehicle. Again, failure to do so is legal negligence.

If legal negligence in either area results in an accident, then that driver is liable for damages and injuries caused in the accident, and must compensate injured parties either directly or through an insurance company.

Of course, in a court of law it is not as easy at this. First you must prove negligence, and then prove that negligence directly led to the accident (called "causation"). The driver may claim that you were partially at fault, there may be other circumstances involved, etc. Determining the level of negligence (e.g. driving 10 mph over the speed limit vs. 50 mph over the limit or whether alcohol was involved) also goes a long way to determining compensation.

That's why it is so important to contact Jim S. Adler & Associates as soon as possible. We have over three decades of handling personal injury cases that have resulted from reckless driving. Our lawyers will fight the insurance companies and make sure that you get full compensation for the negligence of another driver. Don't accept or sign any insurance offers before talking to us. Chances are, they are offering much less than what your case is really worth. Contact us today.

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