Section 545.352 of the Texas Transportation Code<\/a> also states that driving faster than the posted speed limit is evidence that the driving was unreasonable and careless.<\/p>\n\n\n\nSo if you were speeding, a Court will probably assume you were being careless. The next question is whether that negligent driving caused the accident.<\/p>\n\n\n\n
Did the careless driving lead to the accident? (Causation)<\/h3>\n\n\n\n In order to recover money for an injury under negligence law, the careless behavior must have caused the injury. Even if you behave carelessly, that behavior must cause the accident which led to the injury.<\/p>\n\n\n\n
For example, if you were driving 5 miles above the speed limit, but the other driver flew through a red light and plowed into you in the intersection, your careless driving (speeding) might not be considered the cause of the accident.<\/p>\n\n\n\n
Texas Traffic Law and Comparative Fault (Proportionate Responsibility)<\/h2>\n\n\n\n Under the road regulations and negligence laws of Texas, if more than one driver is caused an accident because of careless driving, a special rule applies. This is often called comparative fault, and in Texas is known as proportionate responsibility.<\/p>\n\n\n\n
In Texas, only drivers who were less than 51% at fault in causing the accident can receive money. (In legal speak, this is known as modified comparative negligence).<\/p>\n\n\n\nThe bottom line:<\/strong> even if you were speeding, if the other driver was driving carelessly or in a reckless manner, you might both be at fault. And depending on your speed limit and how the accident occurred, you still may be able to receive partial payment for your injuries.<\/p>\n\n\n\nEach case is different, and deciding fault depends on the specific details of the case. If you were in a car accident in Texas and would like your case evaluated, call Justinian & Associates for an absolutely free consultation. You can tell your story to an experienced Texas attorney, and we will let you know your options under Texas law. There is no obligation.<\/p>\n","protected":false},"featured_media":0,"parent":0,"template":"","faq_tax":[4],"class_list":["post-984","faqs","type-faqs","status-publish","hentry","faq_tax-fault"],"acf":[],"x_date":"octubre 23, 2020","x_metadata":{"_yoast_wpseo_primary_faq_tax":"4","_yoast_wpseo_focuskeywords":"[]","_yoast_wpseo_keywordsynonyms":"[\"\"]","_trp_translated_slug_es_ES":"siempre-tienes-la-culpa-si-vas-a-exceso-de-velocidad-y-tienes-un-accidente","_yoast_indexnow_last_ping":"1704244209","_yoast_wpseo_videositemap_rating":"0","_yoast_wpseo_estimated_reading_time_minutes":"","_yoast_wpseo_wordproof_timestamp":""},"_links":{"self":[{"href":"https:\/\/www.justinian.com\/es\/wp-json\/wp\/v2\/faqs\/984","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.justinian.com\/es\/wp-json\/wp\/v2\/faqs"}],"about":[{"href":"https:\/\/www.justinian.com\/es\/wp-json\/wp\/v2\/types\/faqs"}],"wp:attachment":[{"href":"https:\/\/www.justinian.com\/es\/wp-json\/wp\/v2\/media?parent=984"}],"wp:term":[{"taxonomy":"faq_tax","embeddable":true,"href":"https:\/\/www.justinian.com\/es\/wp-json\/wp\/v2\/faq_tax?post=984"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}
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