Accidents are a broad category of incidents that may result in personal injuries or property damage. Personal injury refers to an injury to a person’s body—also known as bodily injury—or to their mind or emotional well-being—also referred to as emotional distress. Property damage refers to damage to any kind of real property (real estate) or personal property (all property that is not real estate).
Accidents usually refer to incidents caused by someone else’s negligence rather than by their intentional act. Claims for personal injuries or property damage resulting from an accident or negligent act of another person or entity may create legal liability if the person injured in the accident can prove another person or entity breached their duty of ordinary care in the activity that led to the accident (driving a motor vehicle, for example) and that negligence or breach of the duty of ordinary care caused personal injuries or property damage to the claimant.
Legal claims for personal injuries and property damage resulting from accidents are primarily a matter of state law and may be located (1) in the state’s court opinions—also known as cases, case law, or common law—such as for the elements of a negligence claim; or (2) in the state’s statutes when the state legislature has defined the standards for the safe operation of motor vehicles and the use of streets and sidewalks by pedestrians—such as when the operator of a motor vehicle hits and kills a pedestrian in a crosswalk or on a sidewalk, committing the statutory crime of vehicular manslaughter or vehicular homicide.
If the operator of a motor vehicle (driver) violates a statute by speeding, failing to yield to a pedestrian in a crosswalk, or operating a motor vehicle under the influence of alcohol or drugs (DUI/DWI), for example, and the violation of the statute is the primary (proximate) cause of the pedestrian’s injuries, the mere violation of the statute may be negligence—known as negligence per se (pronounced “Pur-say").
In that case, the injured pedestrian may not have to prove the motor vehicle operator was negligent in any other way to prove the operator's liability for the accident.
In Texas, accidents that result in personal injuries or property damage due to someone else's negligence can lead to legal liability. To establish liability, the injured party must demonstrate that the other person or entity failed to exercise ordinary care, which caused the accident and subsequent harm. Texas law, including both case law and statutes, governs claims for personal injuries and property damage. For instance, if a driver violates traffic laws, such as speeding or DUI/DWI, and this violation leads to an accident causing injury or death, this may constitute 'negligence per se.' This means that the injured party may not need to provide additional proof of negligence beyond the violation of the statute to establish the driver's liability. It's important to note that these legal principles are subject to the specifics of each case, and an attorney can provide guidance on the applicability of negligence per se and other aspects of Texas law in the context of an accident claim.
