Have you been involved in a car accident that was not your fault that has left you with medical bills and property damage? Are you unsure what you have to do in order to prove that you were not at fault in your motor vehicle crash? Working with an experienced car accident lawyer can help you to overcome these difficulties and get the financial compensation you truly deserve. Learn more about proving negligence below:
A lawsuit which involves negligence in a car accident is generally based on the legal theory that the injured party has losses that they can recover from. As previously mentioned, negligence does not involve intentional acts; it is not common that someone intends to get into a car accident.
In order to succeed in a car accident lawsuit based on negligence, it must be legally proven that the other party involved in the accident was indeed at fault. Because of this, negligence claims generally involve complex analysis in order to determine whether the defendant failed to follow their duty of safety.
Some of the most common examples of negligent driving include, but may not be limited to:
Failing to Obey Traffic Laws: This can include running stop lights or red lights; failing to yield when required to do so; speeding, or driving too slowly; and, stopping over the line at an intersection;
Failing to Be Vigilant Behind the Wheel: This specific type of negligence refers to failing to maintain a reasonable level of vigilance or alertness while driving, in order to be prepared for any unexpected occurrences on the road around you. The most common and especially dangerous example of failing to be vigilant behind the wheel would be using a cell phone while driving;
Failing to Maintain Control of the Vehicle: Failing to maintain control of the vehicle refers to instances such as sudden stops, stopping over the line at an intersection, and swerving; and
Failing to Properly Use the Vehicle’s Equipment: An example of this would be failing to use the vehicle’s turn signal when turning. Two other examples include failure to dim high beams when necessary, or failing to engage hazard lights when necessary. It is important to note that failing to maintain parts in working order, such as having broken brake lights, is included in the definition of failure to properly use the vehicle’s equipment.
Because of the highly dangerous nature of drunk driving, it is not considered to be negligent. Rather, it has its own category of laws. Drunk driving is generally considered to be a criminal offense, while negligence is a civil violation. It is important to note that both criminal and civil charges can be brought against the same defendant for the same incident.
What this means is that a drunk driver can be criminally charged for driving while intoxicated, and then also have a civil lawsuit brought against them for the damages they caused while drunk driving.
How Is Negligence Proven In Car Accident Lawsuits?
As previously discussed, there are four elements that must all be met in order for negligence to be proven. In terms of proving negligence in a car accident lawsuit, those four elements can be further explained:
Duty Of Care: To reiterate, a duty of care is owed to another person in any situation when they could possibly and foreseeably be harmed by your actions. All drivers owe other drivers a duty to drive safely, as well as a duty to obey all traffic laws at all times. The standard of care that is owed is generally determined by what a reasonably prudent person would do;
Breach Of Duty: It must be shown that the defendant breached their duty to drive safely. An example of this would be if the defendant failed to obey visible traffic signs. Once again, breaches occur when a person does not act as reasonably or as prudent as any other person would under the same circumstances;
Causation: The plaintiff must prove that the defendant’s breach is what actually caused their injuries. If the defendant’s actions did not actually cause the plaintiff’s injuries, it is unlikely that the defendant would be held liable for negligence; and
Damages: Additionally, the plaintiff must be able to calculate the losses and costs associated with the injury, and put this into quantifiable monetary amounts. If they cannot do so, the damages awarded to them may be reduced or even denied. Damage awards may be physical, economical, and/or financial.
Remedies for negligence in a car accident generally include damages being awarded to the injured party, which are made by the negligent party. Damages include costs such as:
- Hospital bills;
- Mechanic repair fees; and
- Lost wages.
The negligent party may have their driver’s license privileges temporarily suspended. In more serious or repeated offenses, their driver’s license could be completely revoked.
Spanish Speaking Personal Injury Lawyer in Houston
Spanish-speaking Houstonians can have a more complex of a time seeking justice in their personal injury cases due to language barriers. This causes them to not take action against those who have left them with financial devastation and physical trauma. At the Law Office of Beverly R. Caruthers, our team refuses to let a language barrier affect your right to justice and compensation. If you or someone you love has been injured in an accident and is in need of Spanish-speaking legal advice, our team is here for you.
We make it simple for individuals who have been injured due to the actions of others to navigate the legal system in order to get the results they need to continue on in their lives. Schedule your no-obligation car accident consultation with Attorney Caruthers today. Our team will work with you every step of the way to ensure your needs are being met and that you are getting the treatment you deserve in your car accident case. Don’t hesitate, the sooner you call the more we can do to get you results.
Houston Car Accident Attorney
If you or someone you love has suffered an injury, experienced loss of income, or are unable to work due to a car accident, you can benefit from the services of a Houston car accident expert in your personal injury case. Whether you missed work due to an injury or due to not having access to a vehicle, Attorney Beverly R. Caruthers can help you!
Our team works hard to bring the most efficient and practical solutions to your car accident case. Beverly R. Caruthers proudly serves and defends the Greater Houston area including but not limited to Baytown, Conroe, Crosby, Humble, Huntsville, Lake Jackson, Missouri City, Pasadena, Spring, Tomball.
Beverly R Caruthers Law Office
Address: 4141 Southwest Fwy, Suite 620
Houston, TX 77027
(713) 526-9557
View our Website
View our Facebook page
View our Google Listing
In the aftermath of an accident that leaves you or a loved one injured, it is crucial to know where to turn for support and justice. The Caruthers Law Firm stands as a beacon of unwavering commitment to the cause of pursuing justice for injury victims. With a track record that speaks volumes about our dedication to excellence and passion for our clients, we have garnered recognition throughout the Houston area as a trusted name in the legal community. When you or a family member suffers an injury due to the negligence of another, the need for an attorney who is not just competent but also recognized for their excellence becomes paramount. The Houston personal injury attorney at The Caruthers Law Firm fits that bill precisely. We have earned accolades and trust from our clients because we don not just handle cases; we champion causes. Our cases frequently involve traumatic, life-altering events, such as the loss of a loved one, and our relentless pursuit of justice ensures our clients receive the compensation necessary to secure their financial future. Our dedicated efforts have successfully secured over $50 million in settlements for our clients, and our commitment to excellence has brought us national recognition, particularly in fields like birth injury law. Whether your life has been upended by a tragic accident or the negligence of another party, you can confide in Caruthers Law Firm to handle your case with the utmost skill, dedication, and compassion in your time of need. Every case we undertake is treated with the gravity and importance it deserves, and we strive to provide the best possible representation to our clients. At Caruthers Law Firm, our attorneys boast an impressive array of knowledge and expertise in various practice areas, including personal injury, criminal defense, wrongful death, and more. We fully acknowledge that each case is unique, and we value the individual concerns and needs of our clients. This understanding leads us to craft tailored legal strategies that address each case is distinctive challenges. When you choose Caruthers Law Firm as your legal representation, you can expect a high degree of professionalism, unwavering integrity, and an unparalleled commitment from the beginning of your case to its conclusion. We are not just lawyers; we are advocates for your rights, dedicated to securing the justice you deserve.
For over three decades, Beverly R. Caruthers has been on an unwavering mission to provide her clients with top-notch, tenacious, and compassionate legal services and representation. Attorney Beverly R. Caruthers has not only amassed extensive experience but has also consistently delivered high-quality legal assistance to those who have sought her counsel. Her journey to legal expertise began with academic distinction, having graduated Cum Laude with a Bachelor of Arts from Tougaloo College, followed by the acquisition of her Juris Doctor from Thurgood Marshall School of Law at Texas Southern University. With a primary focus on Personal Injury, Criminal Law, and Business Law, Attorney Beverly R. Caruthers has honed her legal acumen in these pivotal areas. Complementing her knowledge and skills, The Law Office of Beverly R. Caruthers is fortified by a collaborative team of seasoned and highly qualified attorneys. Together, they work tirelessly to achieve the best possible outcomes for each and every client they serve. In the Caruthers family, the pursuit of legal excellence seems to be a cherished tradition. Briona Caruthers, following in the footsteps of her older brother and colleague, hails from Missouri City, Texas, where she graduated from Elkins High School in 2015. Venturing outside her hometown, she spent four years at Hofstra University in New York, where she diligently earned her Bachelor Degree in Legal Studies in Business in 2019. After her academic journey in New York, she returned to her roots in Houston, Texas. There, she attended the same illustrious institution where her mother, Beverly R. Caruthers, and her brothers, Eddie and Parker Caruthers, had studied—the Thurgood Marshall School of Law at Texas Southern University. In 2022, Briona graduated Cum Laude from TSU, thereby continuing the family legacy. Beyond her legal pursuits, Briona finds solace in retail therapy and enjoys exploring the world through her travels when she is not in the office, fervently advocating for her clients rights. Parker Caruthers, another member of the Caruthers family, was born and raised in Missouri City, Texas, where he completed his high school education at Clements High School in 2012. His educational journey took him to Texas Southern University in Houston, Texas, where he earned a Bachelor’s Degree in Marketing in 2017. Parker commitment to legal studies led him to the Thurgood Marshall School of Law at TSU, from where he graduated in 2021. During his time in law school, Parker legal prowess shone through as he secured victory in the Helen Dawn Williams Mock Trial competition, all while gaining valuable experience through internships at the Harris County District Attorney’s Office. Opting to take a different path by not pursuing prosecution, Parker joined Caruthers Law Firm in 2021. Beyond the legal realm, Parker passions extend to sports fandom and his role as a proud dog owner. At the Caruthers Law Firm, we take a refreshingly transparent and candid approach when assessing our potential clients circumstances. We believe in clear, honest, and direct communication, leaving aside the legal jargon to speak in terms that our clients can readily understand. Each client is treated as a unique individual, receiving personalized and attentive care throughout their legal journey with us.
We are immensely grateful to each and every individual who wholeheartedly contributed to the success of "The Christmas Toy Drive and Giveaway" and "The Back to School Giveaway" right here in the vibrant city of Houston. Your support has made a profound difference in the lives of countless local children, and it is a testament to the incredible community spirit that defines our city. At The Caruthers Law Firm, we take great pride in being active sponsors of these important initiatives, which focus on providing crucial resources to Houstons youth. Some of the recipients come from families struggling with limited income, making it challenging for them to provide the necessary school supplies for their children. For others, the prospect of a joyous Christmas was a distant dream due to a lack of toys. In these circumstances, we aimed to make a meaningful and positive impact on these children and their families. It is through the unwavering support and dedication of our local community that we were able to realize this vision. We encourage you to consider joining us in this noble cause and be a part of the change in the lives of Houston families. Your involvement can take various forms, whether through donating items, contributing funds, or taking the initiative to organize a collection drive within your organization, church, club, or local community. Your support will undoubtedly go a long way in touching the lives of those in need, ensuring that every child in our city can look forward to a brighter future. By working together, we not only provide essential items but also instill a sense of hope, compassion, and generosity within our beloved Houston community. Together, we can create a stronger, more caring, and inclusive community, one that continues to uplift and empower those who need it most. Thank you for being a part of this vital mission.
