Board-Certified Personal Injury Attorney
Negligent driving behaviors cause the majority of car accidents in Texas and across the country. When drivers speed, follow too closely, change lanes improperly, run red lights, or drive under the influence, they put everyone on the road at risk. If you have been injured by a negligent driver in Galveston County, a Galveston County personal injury attorney can help you pursue compensation for your injuries.
Speeding
Speeding remains one of the leading causes of traffic accidents and fatalities. According to the National Highway Traffic Safety Administration, speeding has been a factor in approximately one-third of all traffic fatalities for more than two decades.
Speeding constitutes negligence because it violates posted speed limits and demonstrates a disregard for the safety of other road users. Drivers who speed have less time to react to hazards, require greater stopping distances, and cause more severe impacts in collisions.
Speeding creates liability when it contributes to an accident. Evidence such as witness statements, police reports noting speed as a factor, and accident reconstruction analysis can establish that speeding caused the crash.
Following Too Closely
Tailgating, or following too closely, violates Texas traffic law and constitutes negligent driving. Safe following distance depends on vehicle speed, road conditions, and traffic density. The general rule of thumb is at least three seconds of following distance under normal conditions.
Drivers who follow too closely cannot stop in time when the vehicle ahead slows or stops suddenly. Rear-end collisions are a predictable result. The following driver is generally presumed at fault in rear-end collisions. The presumption is rebuttable if the following driver proves the lead driver engaged in negligent conduct (such as sudden braking without cause or having malfunctioning brake lights). Under Texas comparative fault law, liability may be shared between both drivers based on their relative degrees of fault.
Tailgating creates liability because it breaches the duty to maintain a safe following distance. Damage to the rear of the lead vehicle typically establishes that the following driver was too close.
Improper Lane Changes
Improper lane changes cause sideswipe collisions, multi-vehicle pileups, and forced emergency maneuvers that lead to loss of control. Negligent lane change behaviors include failing to check mirrors and blind spots, failing to signal, cutting off other vehicles, and weaving through traffic.
These actions constitute negligence because drivers have a duty to ensure their lane changes are safe. Violating traffic laws requiring signals and safe lane changes establishes a breach of that duty.
Proving liability in lane change accidents often relies on witness testimony, as both drivers may have differing accounts. Dashcam footage, when available, provides valuable evidence.
Running Red Lights
Running red lights is one of the most dangerous driving behaviors. Intersection accidents often result in T-bone collisions where the striking vehicle hits the side of another, providing minimal protection to occupants.
Drivers who run red lights clearly violate traffic law. This violation establishes negligence per se, meaning the law presumes the driver was negligent. The victim only needs to prove that running the red light caused the accident and resulting injuries.
Red light camera footage, traffic signal timing records, and witness statements can establish that a driver entered an intersection after the light turned red.
Driving Under the Influence
Driving under the influence of alcohol or drugs is among the most reckless behaviors on the road. Intoxicated drivers experience impaired judgment, reduced reaction times, blurred vision, and difficulty maintaining lane position.
DUI constitutes negligence per se in Texas. A driver who causes an accident while intoxicated is presumed negligent. Criminal charges and convictions can support civil claims for damages.
In some cases, punitive damages may be available when a drunk driver’s conduct was particularly egregious. Punitive damages are designed to punish the wrongdoer and deter similar behavior.
How These Behaviors Create Liability
Each of these negligent behaviors establishes a breach of the driver’s duty of care to others on the road. To recover compensation, you must show that the driver’s behavior caused the accident and that the accident caused your injuries.
Compensation available in negligence cases includes medical expenses for emergency care, surgery, rehabilitation, and ongoing treatment. Lost wages if you missed work during recovery. Pain and suffering for physical discomfort and emotional distress. Property damage for vehicle repairs or replacement. Future damages if your injuries result in permanent disability or ongoing medical needs.
Galveston County Car Accident Attorney Ready To Help
If you were injured by a negligent driver in Galveston County, League City, or surrounding areas, Bill T. Wells can help. With over 30 years of experience and Board Certification in Personal Injury Trial Law, Bill provides trusted representation to accident victims. Contact our office today for a free consultation.