Driving Too Fast for Conditions
Drivers sometimes assume that they cannot get a speeding ticket if they are driving at the speed limit. However, when weather or traffic conditions require a slower speed, you can be cited for driving too fast for conditions. This means that you are going over the reasonable standard for safe driving. Conditions that can require a driver to slow down include rain, sharp curves, loose paving, reduced visibility due to fog, and rush hour traffic. Failing to slow down can result in a driver losing control of the vehicle and causing a serious collision. If you have been hurt on a highway in the Dallas area by someone else’s carelessness, the car accident lawyers at Feizy Law Office may be able to assert your rights.Seeking Damages from a Careless Driver
One of the prime ways to determine whether someone is driving too fast for conditions is looking at whether he or she could stop in time if something unexpected happened on the road ahead, such as a deer darting into the road or a line of traffic. If, for example, braking too fast would result in a car spinning out on a wet road, the driver may be driving too fast for conditions.
In most cases, when an accident happens because a driver is driving too fast for conditions, a victim may bring a civil lawsuit for damages based on a theory of negligence. To prove negligence, the plaintiff will need to prove four elements by a preponderance of the evidence: the defendant's duty of care, a breach of duty, actual and proximate causation, and actual damages. Drivers always have a responsibility to operate their vehicles safely to avoid a risk of injury to others. When someone is driving too fast because of the weather or traffic, a jury is likely to find a breach of duty.
In most cases, a person who causes an accident due to driving too fast for conditions is responsible for paying compensatory damages to the victim. Compensatory damages can be both economic and noneconomic. Economic damages are often documented costs, such as medical bills, lost earnings, out-of-pocket expenses, property damage, household services, and rehabilitation costs. Noneconomic damages may include mental anguish, pain and suffering, and loss of consortium.
Many accidents happen because of multiple parties' negligence during traffic or in bad weather. In Texas, defendants who are 50 percent or more at fault for a plaintiff's injuries or who act with the intent to harm can be held jointly and severally liable for an accident victim's damages. This means that one defendant can be responsible for paying the entire amount of a plaintiff's damages. Since some drivers are uninsured or underinsured, the doctrine of joint and several liability can help ensure that a plaintiff recovers from at least one of the people who is substantially responsible for an accident.Protect Your Rights after a Motor Vehicle Collision by Contacting a Dallas Lawyer
People in Dallas who have been hurt by someone else’s carelessness can consult the motor vehicle collision attorneys at Feizy Law Office to discuss their options. Call us at (214) 651-8686 or use our online form to set up a free consultation. We also represent accident victims in other Texas cities, such as Irving, Arlington, Garland, Fort Worth, and Plano.