Head-on collisions can be a particularly tragic event for those involved, particularly if the vehicles are traveling at a high speed. Fox News recently reported that a head-on collision in Southwest Bexar County caused one person to be flown by AirLife to University Hospital and two others taken to University Hospital by ambulance.
Negligent and reckless driving is dangerous, and if an injury occurs from another driver's negligent and reckless behavior, that driver is said to be at fault and can be held liable for damages.
Overview of Negligence
The law of negligence usually governs legal claims that arise from automobile accidents. Determining who is at fault in an accident comes down to finding out who was negligent. Drivers must exercise reasonable care under the circumstances. If they fail to do so and cause injuries to another person, they may be found negligent.
The injured party is responsible for proving that the other driver was negligent. To do this, the injured person must prove that the negligent actions of the defendant were the proximate cause of the accident and that the accident caused the injuries suffered by the injured person.
Proving negligence involves looking at numerous different sources to help prove that the defendant was at fault. Some of these sources include witness statements, police reports and traffic laws. Actions such as disobeying traffic signals, speeding, failing to signal while turning and driving under the influence of alcohol or drugs are some factors that help a court determine whether or not the defendant was negligent.
A driver can also be held liable if he or she was driving recklessly. A driver is reckless when he or she drives unsafely, with a clear disregard for the possibility that an accident could be caused by the unsafe driving. Ways that a driver can be reckless include speeding or driving too fast for the road conditions, improperly changing lanes or passing another car improperly by failing to signal or by passing using an illegal lane.
If a court determines that a driver was driving negligently or recklessly, he or she may be required to pay for damages caused by those actions. The damages that the negligent driver may be required to pay include damages that resulted from an injury caused by the accident or damages that resulted in harm to property.
Someone who has been injured in a car accident caused by a negligent or reckless driver could benefit from consulting with a car accident attorney. An experienced lawyer can help protect the rights of the injured motorist.