An unusual accident took place on a recent night, where a driver experienced a medical episode and crashed his car into the side of a house. The crash occurred in the 3200 block of East Southcross Street, causing relatively minor damage to the house. No one was hurt, but it is very easy for accidents of this type to cause major injury or death, as well as extensive damage to whatever building is struck. However, proving liability can be difficult, and enlisting an attorney to help with your case is highly recommended.
Normally, when a driver crashes into a home, and there is damage or injury, the homeowner can bring a civil suit against the driver under a theory of negligence. Negligence is a legal theory in Texas under which a plaintiff is trying to establish three things in court. They are (1) that a defendant acted in a way that did not show reasonable care for other people; (2) that the defendant’s conduct directly caused the harm to the plaintiff; and (3) the plaintiff did actually suffer tangible harm, as opposed to just a fright or mere cuts and bruises.
In Texas, motorists on the road have a duty of care toward other motorists on the road, and while the law does not explicitly state this, it can be inferred that a driver has a duty to exercise reasonable care toward people off the road as well – certainly, one might infer a duty to not crash into a house while driving! Either way, this type of case can often be straightforward – for example, if a driver is under the influence of alcohol – but in some rare situations, they can get much more complex. The existence of a duty has to be proven before you can sue.
What Is Foreseeability?
The issue that makes the Southcross Street accident and others like it so difficult at times is called foreseeability, and it is a major part of Texas negligence law. When a plaintiff is trying to prove that the defendant’s conduct is the cause of their injury, they have to show that it was the actual cause in fact, but they also have to show that the injury was foreseeable. Texas law essentially states that if you cannot show that the potential risk was foreseeable, you cannot appropriately establish causation.
What this means to the average person is that if you cannot show that the risk was reasonable enough to be anticipated, you cannot prove negligence. If you are involved in a traffic crash and it turns out that the driver struck your car because his pet snake got loose in the car, an argument can be made that you cannot hold that driver liable because no reasonable person on the planet could have foreseen that such an accident could happen. If one cannot foresee it, they cannot plan for it. The question of whether it is foreseeable to be injured if an automobile crashes into your house – specifically after the driver has a medical episode – would likely be an issue for a jury to decide at trial.
Call a New Braunfels Car Crash Lawyer Today
While the accident on East Southcross Street did not result in any injuries or major damage, it could very easily have gone another way. If you are unfortunate enough to have experienced a similar type of accident, you need an attorney who understands what you have gone through and what you need in order to get your life back on track. The skilled New Braunfels car accident attorneys at the Bettersworth Law Firm are well versed in these types of cases and we are happy to help you with yours. Call us today at 888-392-0039 to schedule a free consultation.