If you’ve been in a car accident in San Antonio and you’re looking to get compensated, you need more than just your word. Texas law requires you to prove four key things: duty of care, breach of duty, causation, and damages. If you can’t prove all four, your claim won’t succeed.
This is where having a San Antonio car accident attorney can be invaluable. They know exactly what kind of evidence you need and how to present it so that your case is as strong as possible.
Here’s what each of these elements means and how they impact your case.
Duty of Care
Every driver has a legal duty to operate their vehicle in a safe and responsible manner. In Texas, this means following traffic laws, staying alert, and avoiding reckless behavior.
The Texas Transportation Code outlines these responsibilities, making it clear that every driver must obey speed limits, yield when required, and avoid distractions. If someone holds a valid driver’s license, they have automatically agreed to these responsibilities.
In your case, proving duty of care is straightforward. The other driver was on the road, which means they had a duty to drive safely. That’s the easy part. The real challenge comes with proving they breached that duty.
Breach of Duty
A breach of duty happens when a driver fails to act responsibly, leading to unsafe conditions. In Texas, common breaches include:
- Speeding or reckless driving (Texas Transportation Code §545.351 limits speed based on road conditions)
- Running a red light or stop sign (§544.007 requires compliance with traffic signals)
- Distracted driving, such as texting (Texas law bans texting while driving under §545.4251)
- Driving under the influence (DUI laws under §49.04 make it illegal to drive with a BAC of 0.08% or higher)
If the other driver violated any of these laws, it strengthens your case.
Causation
Even if you prove the other driver was acting recklessly, you still need to show that their actions directly caused the accident. For example, if a driver was texting but the accident happened due to a mechanical failure, their distraction isn’t relevant. If they ran a red light and crashed into you, then their negligence directly caused your damages.
Evidence like traffic camera footage, accident reconstruction reports, and witness testimony can help establish causation. If an insurance company argues that something else caused the accident, for example, poor road conditions or your own actions, you’ll need to counter that with strong proof.
Damages
Even if you can prove the other driver was careless and caused the accident, you still have to show that it affected you financially, physically, or emotionally. This is called “damage.” If the accident didn’t cost you anything, no medical bills, no car repairs, and no lost wages, then there’s no case.
But if you have hospital bills, missed work, car damage, or even pain and suffering, then you have real damages, and you deserve compensation.
Other Factors That Can Affect Your Claim
Texas follows a modified comparative negligence rule (Texas Civil Practice and Remedies Code §33.001). This means:
- If you’re partially at fault, your compensation will be reduced. For example, if you were found to be 20% responsible, you’d only receive 80% of your claim.
- If you’re more than 50% at fault, you cannot recover compensation at all.
Finally, remember that Texas has a two-year statute of limitations (§16.003), meaning you have two years from the date of the accident to file a lawsuit. Miss this deadline, and you lose your right to seek compensation.
