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negligence per se, New Braunfels car crash lawyerIn most negligence matters, including car crashes, landowner liability, and medical malpractice cases, the plaintiff must prove duty, breach, cause in fact, proximate cause, and damages. In some instances, however, a legal shortcut may be available.

Alcohol-related crashes are a good example. Impairment begins with only one drink, in most cases. Such impairment violates the duty of care and, if that breach causes injury, the defendant is liable for damages. But if the defendant had a BAC of .08 or above, a case in civil court might be easier to prove.

Negligence Per Se

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New Braunfels personal injury attorneyFour people were seriously injured when a gravel-laden dump truck sped out of control down an Austin street before tipping over and bursting into flame.

According to witnesses, the dump truck apparently had no brakes as it plowed through several cars waiting at an intersection, and narrowly averted rear-ending several more vehicles. Eventually, the dump truck went airborne, plunged down a 15-foot cliff, caught on fire, and tumbled onto its side. First responders transported four people to nearby hospitals with various injuries, but they are all expected to survive.

One witness simply described the horrific scene as “amazing.”

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new braunfels personal injury attorneyWhen the earth was void and without form, at least from a negligence law perspective, two English cases helped shape the modern American notion of duty in a car crash case.

Vaughan v. Menlove

When the court considered this case in 1837, the idea that a duty of care applied to individuals in their everyday lives was completely unknown. The only analogous situation was in contract law: when people took money to feed horses, build houses, or mend clothes, they had a legal duty to perform that service.

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Posted on in Car Wrecks

New Braunfels personal injury attorneyA rollover crash near Alamo Heights has claimed the life of a 22-year-old man. 

Police state that an SUV driver, whose vehicle may have been speeding, apparently smashed into the back of a Mustang, which may have been moving at a slower than normal speed, near the Olmos Basin on the southbound side of Highway 281 North. The driver was ejected after the SUV rolled over several times; it eventually tumbled off the bridge and into the Basin, where it caught fire.

The SUV driver was pronounced dead at the scene.

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Posted on in Car Wrecks

comparative negligence, fifty-one percent rule, New Braunfels personal injury attorneyLiability in a car crash is not always clear cut. For example, a freeway crash might occur on a rural road when the defendant crosses the centerline and the plaintiff is speeding. Or, two delivery trucks may collide when the defendant stops in the middle of traffic and the plaintiff makes an unsafe lane change. In situations like these, Texas law empowers the jurors to become mathematicians, in addition to factfinders. The Lone Star State is a modified comparative fault state, with a twist, in terms of contributory negligence. Plaintiffs may recover a portion of their damages depending on their percentage of fault.

How It Plays Out

In the first example above, assume that the jury determines damages to be $10,000 and the plaintiff to be 40 percent at fault, because the vehicle was traveling too fast to see the defendant and respond to a somewhat predictable emergency situation; on rural roads, it is not unheard of for cars to travel on the left side of the road, for one reason or another. So, the plaintiff would recover $6,000 (60 percent of $10,000).

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The sooner you call, the sooner we can build your case, secure evidence and get maximum compensation for your injuries.

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