What Is Negligent Driving, and How Can It Affect Your Claim?

 Posted on August 07,2024 in Car accidents

If you are injured in a motor vehicle accident, you may be able to collect compensation from the responsible party. To qualify, you must prove negligence on the responsible person’s part. This is true even if you are partly to blame for causing your collision. However, if you yourself are guilty of negligent driving, you might not be eligible for compensation.

What is considered to be negligent driving? How do you know if you qualify for compensation? How can you tell if a settlement offer is fair? These questions may be difficult to answer if you do not consult with a qualified Texas car accident lawyer from Alford & Associates.

Negligent Driving Explained

When someone gets behind the wheel of a motor vehicle (motorcycles count, too), he assumes a legal responsibility to drive safely to reduce the likelihood of causing an accident. There are several things drivers can do that are considered negligent, such as:

• Driving aggressively or recklessly

• Distracted driving

• Driving under the influence of alcohol or drugs

• Drowsy driving

• Speeding or driving too fast for conditions

• Failing to yield the right of way

• Disregarding traffic signs, signals, or laws

• Following too closely

• Improper merging

It may surprise you that knowingly driving a vehicle with faulty brakes, obscured vision due to windshield cracks, burned-out headlights or tail lights, and other safety hazards may also be considered negligent.

Proving Negligence

In legal terms, not using the same care toward others that a reasonable person would in the same circumstances may be considered negligence. If you have evidence proving that someone else’s negligent driving contributed to causing your accident, you might have grounds to seek compensation from that person. You must be able to prove that:

• Someone owed you a duty of care.

• That party breached that duty of care.

• The breach of duty caused your injuries.

• You suffered resulting damages and associated losses.

To obtain this evidence, you may need to conduct an investigation. While many people lack the resources for an effective investigation, the legal team at Alford & Associates handles them routinely. We know what kinds of evidence to look for, where and how to find it, and how to use it to support your claim.

Shared Negligence

More than one person is often at fault for causing a crash. Texas deals with this fact by using modified comparative negligence. As long as your degree of fault does not exceed 50 percent, you can seek compensation from other parties who share responsibility. However, your settlement amount will decrease by your assigned percentage of fault.

When commercial vehicles like 18-wheelers are involved in a crash, more parties than just their drivers may bear some liability. Potentially at-fault parties include drivers, vehicle owners, employers, cargo loaders, maintenance companies, and parts manufacturers.

When you bear some responsibility or a commercial vehicle is involved in your accident, your claim will likely be more complicated. Insurance companies may deny your claim, argue amongst themselves about who is to blame, or try to accuse you of excessive fault. When you trust Alford & Associates to handle your case, we will navigate any challenges for you and advocate for your best interests.

Request Your Free Consultation With Our Skilled San Antonio, TX Motor Vehicle Accident Lawyers

If you are injured in a car accident involving negligent driving, you deserve to be fairly compensated for your injuries and other losses. With five offices throughout Texas, Alford & Associates is conveniently located to help you secure what you deserve. We offer free consultations, do not charge upfront fees, and we only get paid if we win compensation for you. Someone is available to speak with you 24/7, so call us at 210-951-9467 to schedule your free case evaluation with an experienced Bexar County, TX motor vehicle accident attorney today.