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....