Every individual has a duty to exercise reasonable care when operating a motor vehicle. The burden of reasonable care makes drivers accountable for acts that they know would likely result in injury to a person or property damage, and for acts that they should know would likely result in injury to a person or property. Most state laws identify a driver's failure to use reasonable care as negligence.

In an attempt to clarify the negligence standard, courts have stated that "whenever an automobile driver should as a reasonable man foresee that his conduct will involve unreasonable risk of harm to other drivers or to pedestrians, he is then under a duty to them to exercise the care of a reasonable man as to what he does or does not do." In other words, the ability to foresee an accident is an important part of determining whether a driver acted negligently.

Another legal standard courts have developed to more specifically describe legal negligence is the "proper lookout" standard. Under Texas law, a motorist's "proper lookout" describes the duty of a driver to carefully and intelligently observe traffic and the general situation in the vicinity, including speed and proximity of other vehicles, as well as rules of the road and common experience. The "proper lookout" standard requires a driver to see what a person exercising ordinary care and caution would see under similar circumstances, and to take those steps necessary to guard against an accident. At its simplest, this standard requires a driver to pay attention to both the road and other drivers in an effort to avoid accidents. Failure to observe the "proper lookout" standard is legal negligence. Negligence represents the first requirement for a successful lawsuit.

Once you have established a person's negligence, you must show that their negligence caused the accident that resulted in your injury. "Causation," in a legal sense, can be a complex issue, but if someone's negligence resulted in an injury or property damage, then causation exists.

Finally, in order to maintain a suit as the result of an automobile accident, you must prove that you have suffered damages. Damages include economic injury such as lost income or wages, medical and funeral expenses, lost support and services, and replacement value or repair costs of personal property damaged in the accident. In addition, damages may include non-economic injuries such pain, suffering, mental anguish, and inconvenience resulting from injuries received in the accident.

A court may reduce damages if the defendant can establish that your actions contributed to the accident. This principle, known as "comparative negligence," allows a court to reduce damages by the percentage for which a jury finds you responsible for the accident. For example, if you establish damages in the amount of $10,000, but the jury finds that your negligence constituted 20 percent of the reason the accident occurred, then the court will reduce your damage award by 20 percent, to $8,000.

If you have been injured in an automobile accident and have additional questions about your rights, contact Waltman & Grisham to consult with an attorney about your case.

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Visit the National Highway Traffic Safety Administration website for more auto accident and safety information at http://www.nhtsa.dot.gov/