Did you know that even if you cause a car accident because you violate a traffic law, you might not be liable for any resulting damages? There are some cases in which you may be freed from responsibility, depending on the circumstances surrounding the accident, including:
Inexcusable Violations — Traffic laws are made to enforce certain safety regulations, which are meant to prevent people and property from being injured. You may be liable for damages if you did not adhere to safety regulations and an accident ensued.
Excusable Violations — In many states you may escape liability if you can prove that your traffic violation was somehow excusable. Some examples include if you involuntarily lose control of your vehicle due to some force that was out of your control, or if the loss of control was caused by an event that was not foreseeable and could not be prevented, such as equipment failure. For example, if you attempt to stop at a stop sign but your brakes fail, you may not be liable for any damages because you had no control over the malfunction. But if you were aware that the brakes were defective and chose to drive the car anyway, you may be liable.
Be aware that excusable violations may not be recognized in all areas. In some states, if you have violated a traffic law and are involved in a car accident, you are responsible for any resulting damages to other parties.
Just because one party may have violated a traffic law does not free the other party from the possibility of being negligent. In the case of drunk driving, liability is commonly assigned to the driver who was under the influence of alcohol. In most states, it’s a severe violation of traffic safety regulations to be intoxicated while operating a motor vehicle.
Traffic laws exist to help prevent injuries caused by car accidents. Laws vary from state to state, and all evidence must be taken into account before liability is imposed upon a particular party.
If you or someone you love has been injured as a result of a vehicle accident, our Texas personal injury attorneys have the experience and resources to help you through this difficult time and obtain just compensation for your injuries. Please call 800-248-6000 or contact us for a free consultation.