What Are Permissible Negligence Per Se Allegations in Texas?
An Overview of Negligence Per Se Arguments That Can Be Used in Texas Car Accident Cases In this article, we're going to discuss the various negligence per se arguments that can be used in Texas car accident cases. Now, before we get started, it's helpful if you first have an understanding of ordinary negligence allegations...
Is Running a Stop Sign Negligence?
Running a Stop Sign: A Recognized Negligence Per Se Argument in Texas Car Accident Cases Car accidents happen all too frequently and most of the time they're caused by someone making a careless mistake. One such careless act is when a driver runs a stop sign, injuring someone as a result. It goes without saying...
Is Running a Stoplight Negligence?
A Very Clear Negligence Per Se Argument: Running a Stoplight Virtually all personal injury claims are based on a "theory of negligence." For instance if your employer does a poor job supervising your coworkers and one of those coworkers runs over your foot with a forklift, the theory of negligence that you'd assert against them...
How Does the Law Work When the Vehicle that Caused My Crash Was Blocking the Roadway?
Obstructing a Roadway is "Negligence Per Se" Under Texas Law Imagine you are driving down the road at night, and as you round a curve in the roadway, you see small, blurry lights that you can't properly make out in the distance. As you drive closer, you suddenly realize the blurry lights are actually the...
What Does Failure to Take Evasive Action Mean?
Car Accident Theory of Negligence: Failure to Take Evasive Action Under Texas law, when you sue someone who caused you to sustain injuries in a car accident, you must articulate a theory of liability. In other words, you must explain to the court, legally speaking, what the driver did wrong. Moreover, this theory of liability...
How Do Texting While Driving Car Accident Cases Work?
Texas Car Accident Law: Distracted Driving and Cell Phones In this article, our Texas car accident attorneys are going to discuss the legal ramifications of distracted drivers (with specific focus on phones and mobile devices). The approach that we're going to take is to discuss this topic from the perspective of distracted driving as a...
How Do I Prove Failure to Keep a Proper Lookout?
"Failure to keep a lookout?" What it means and how our car accident attorneys prove it From the time we were first taught to drive, we've always known that we should keep our eyes on the road. Given the number of distractions in a modern vehicle from GPS systems, monitors which can play DVDs, and...
What Does Failure to Apply Brakes Mean?
Failure to Apply Brakes: A Texas Car Accident Negligence Argument There are many different car accident negligence allegations that are used by attorneys. In this article, our Texas car accident lawyers will explain how the "failure to apply brakes" negligence argument works, when it applies, and the typical juror's outlook on this theory of liability....
What Is a Failure to Maintain Lane Negligence Argument?
What the law means by "failure to maintain a lane," and what it means for your car accident case: Lawyers use a lot of different theories of liability or negligence arguments against the people who cause car accidents, and some are rather convoluted. In this article, however, we're going to discuss a rather obvious theory...
How Do I Prove Failure to Act as a Reasonably Prudent Driver?
Car Accident Negligence: Failure to Act as a Reasonably Prudent Driver. Of all the negligence arguments a lawyer can make in a car accident case, failure to act as a reasonably prudent driver might be the broadest. As such, it captures well the somewhat open character of negligence. Below, we'll outline what it means, how...
What Is a Failure to Control Speed Negligence Argument?
Car accident negligence arguments: failure to control speed. Everyone knows that drivers are supposed to stay within posted speed limits. Most people don't, of course, and police seem to not mind too much if you keep it within the 5-10 mph range of the limit. But when car accidents happen, one of the first questions...
What Does Failure to Yield Right of Way Mean?
Car accident negligence argument: failure to yield the right of way. From the time we all learn to drive, we know that there are plenty of circumstances when we're supposed to allow another driver to drive on a "shared" road. This article will discuss the negligence theory that concerns when a driver ignores this basic...