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What is 'proximate cause' in a Houston motor vehicle accident?


Regular readers of this bog may recall that we have previously dealt with the general subject of 'negligence' in several posts. We have done this because negligence is one of the most often used legal theories during personal injury cases resulting from motor vehicle accidents. We have explained that there are several elements of negligence that must be shown for a plaintiff to succeed in a lawsuit against a defendant. Among these are duty, breach, causation and damages.

What is 'cause in fact' in Houston negligence?


Houston drivers are likely aware that when motor vehicle accidents strike, lives can change in an instant. The aftermath of such crashes can result in terrible injuries, creating a situation in which a victim may need extensive, and expensive, medical treatment. Because of their injuries, the victim may be forced to miss time off work, with the resultant potential for loss of income. When an accident is caused by someone's carelessness on the roadways, it is possible that those injured have a legal cause of action that can be used in a claim to seek compensation for the injuries suffered.

What is 'duty' in a Houston motor vehicle accident?


We previously explored the basics of the legal theory of negligence in Texas in the context of accidents involving commercial vehicles. The same idea generally applies, however, to actions involving injuries following any motor vehicle crash. To recover compensation for their injuries, the victim usually will attempt to show that the other party had a duty to the victim, breached that duty, and that the breach was both the direct and foreseeable cause of actual damage that occurred to the victim. Today, we'll take a look at this idea of duty.

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