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Texas Refresher: Failure To Maintain Speed Law and Accidents

Driving in Texas is a very particular thing. The state is large with great lengths of highway, there are a handful of large cities with very complex freeway and overpass structures, and it seems like everywhere you go the traffic gets worse and worse. This, coupled with the fact that Texas Civil Engineers are notorious for making mistakes when constructing interconnecting roadways, can make commuting difficult and frustrating sometimes. However, this does not change the state law deciding who’s at fault in the event of a rear-end accident.

Texas Law Requires Maintaining Control of Vehicle at All Times

Texas is one of the few states with a particular violation of driving law that anyone who has ever been in an accident is most likely aware of. It is called Failure To Maintain Speed and it is an absolute ruling that can be very unfortunate for drivers on Texas roads. The actual law states “An operator may not drive at a speed greater than is reasonable and prudent under the circumstances then existing”. Seems confusing, right? In layman’s terms it basically means that you should always be in control of your vehicle as well as able to adjust the speed and position of your vehicle easily at all times should there be a sudden change in the driving environment.

Bottom line according to the law; no matter what happens in a rear ending accident, you are at fault.

This is a very frustrating thing for drivers who are cut off by ignorant road hogs who then hit the brakes and essentially force an accident. The law has also raised heated debate countless times because it rules in favor of people who get rear ended on purpose for the insurance money, thus aiding the act of insurance fraud.

To spare yourself the headache, always make sure to watch your distance between you and the car in front of you. Should another car attempt to wedge their way in front of you, back off the gas and let them have their moment. Five seconds of frustration is better than a ticket and such a big legal headache.

While the Texas Failure To Maintain Speed Law can be a tricky and difficult one to benefit from, it is a law that is recognized in court. However accidents of all types and variations, with countless scenarios, all occur everyday. If you have been involved in an automobile accident you should contact our legal consultants at The McMinn Law Firm for advice on how to handle your case.

Q&A: How do I get my car repaired?

An adjuster from the other party’s insurance company will be able to assess damages to the physical property. First an investigation of liability will be initiated. If they accept full liability of the crash, then an appraiser will asses the value of damages to the vehicle. The insurance adjuster will either write you a check or pay the body shop for repairs of the damage. It’s also possible that the car is totalled and the vehicle’s value will need to be assessed. If this was your only method of transportation, they should authorize a vehicle rental for you once they accept liability. In most cases a personal injury lawyer will focus on handling the injury claims. They may assist with property damage claims, but these relatively simple claims can be generally be handled without an attorney’s assistance.

Recent Personal Injury Case Results

The McMinn Law Firm has helped injured Austinites for fifteen years, winning over 100 million dollars in settlements to date.

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Our Awards

Better Business Bureau (BBB) bases its ratings on information provided by the business, and on public data sources. McMinn Law Firm's A+ rating is the highest available.
In the years 2013-2014 and 2016-2019, Justin McMinn has been selected each year as a Rising Star by Super Lawyers, a Thomson Reuters service. Jason McMinn has been selected as a Super Lawyer in 2020., a company that evaluates and recommends local service professionals, placed McMinn Law Firm on their list of 20 recommended car accident attorneys in Austin.

What Past Clients Are Saying

"Jason, Justin, and their entire support team represented me in an accident involving an 18 wheeler. I couldn’t have asked for a better outcome, and maybe as importantly, the service along the way was something you would want as a client, their entire team was amazing! I can with great confidence recommend them to friends, family, and to anyone who happens to read this. Thank you McMinn Law Firm for a job well done!"

- Charles

"The McMinns were amazing. Within two days of my accident – and still barely able to move – I received a visit to my house for personal consultation (on a Saturday). All the initial feedback about my potential case turned out to be 100% accurate, and when it finally came time to settle they didn’t back off an inch. …If you’re hurt, make the call."

- Harry

"I was rear ended by a large truck. Am thankful for Justin and Jason and their team and all the hard work they put into resolving my case! I highly recommend that you contact them if you’re injured in a wreck!"

- Lori M.

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