Last week, a tragic multi-vehicle crash occurred in Walker County on I-45. According to a local news report, early last Thursday afternoon, between Madisonville and Huntsville, an 18-wheeler crashed into two other vehicles, which were both stopped due to a crash that occurred previously that day. The crash scene was horrific, with vehicles seriously damaged and passengers in critical condition. A 27-year-old woman and a 4-month-old were both in such serious condition that they had to be transported by air ambulance to Memorial Hermann Hospital in downtown Houston. Additionally, a 34-year-old man was transported by ground ambulance to a Conroe hospital.
Although it is too early to know, there will likely be serious injuries and expensive medical bills as a result of this accident. While the investigation is still underway, if the driver of the 18-wheeler is found to have been at fault, even partially, for the accident, the injured victims may be able to file a civil suit against them under Texas law to recover for their injuries. If successful, this civil suit can lead to the victims earning compensation to cover past and future medical bills, lost wages, pain and suffering, and more.
Typically, civil negligence suits based on negligent driving must prove four things. First, that the driver owed a duty of care to the plaintiff. Typically this duty of care can be established easily, since all drivers owe a duty to other drivers and pedestrians to drive reasonably safe. Second, the plaintiff must prove that the driver breached this duty. This is easy to do when the driver drove 20 miles over the speed limit, or runs a red light or a stoplight, but might be harder when the driver was only 5 miles over the limit, or if there is limited or contradicting evidence that the driver was distracted. The third element is that the defendant’s breach of a duty actually led to the plaintiff’s injuries. For example, if a driver runs a red light and immediately slams into another car, it is clear that they caused the injuries. But if a driver runs a red light and then the other car crashes into a fallen tree branch, then causing the accident, it is a little more difficult to prove causation. Lastly, the plaintiff must prove that they suffered actual damages. Usually, this is done by submitting medical documentation and proof of expenses. If a plaintiff fails to prove any one of these four elements, they cannot recover against the defendant and their suit will be dismissed.
Contact a Texas Car Accident Attorney
If you or someone you love has recently been injured in a Texas car accident, contact the law firm of Carabin Shaw today. From initially filing a claim to defending a case at trial, our firm has dedicated, experienced attorneys who can help Texas accident victims at every stage of the process. We pride ourselves on excellent client representation, and work hard to ensure that you earn the compensation you rightfully deserve. To learn more and discuss your case with a personal injury attorney, contact us today at 800-862-1260 to schedule a free initial consultation.