# What Happens If Another Driver’s High Beams Cause My Houston Car Crash? | Attorney Brian White **Table of Contents***[*Expand*]* 1. Using High Beams With Oncoming Traffic 2. Tailgating Using High Beams 3. Using High Beams in Fog and Heavy Precipitation 4. The Elements of a Houston Negligence Injury Claim 5. Negligence Per Se and Texas Statutory Law 6. Texas Wrongful Death Claims 7. Do You Need a Houston Car Accident Lawyer? 8. Contact the Houston Car Accident Lawyers at Attorney Brian White Personal Injury Lawyers For Help ![What Happens if Another Driver's High Beams Cause My Houston Car Crash?](https://attorneybrianwhite.com/wp-content/uploads/2023/06/What-Happens-if-Another-Drivers-High-Beams-Cause-My-Houston-Car-Crash-300x200.jpg) High-beam headlights are useful under certain circumstances. When another vehicle is nearby, however, the use of high beams can constitute negligent driving that can cause a [car accident](https://attorneybrianwhite.com/houston-tx/car-accident-lawyer/). When this happens, you should seek full compensation from the at-fault driver by filing a [personal injury](/) or [wrongful death claim](https://attorneybrianwhite.com/houston-tx/wrongful-death-lawyer/). ## Using High Beams With Oncoming Traffic Using high beams with oncoming traffic is one of the deadliest mistakes a driver can make. The worst-case scenario is obvious: a [head-on collision](https://attorneybrianwhite.com/houston-tx/car-accident-lawyer/head-on-collision/). The fatality rate of head-on collisions is one of the highest for any type of accident because its force arises from the combined speed of both drivers. For a legal consultation call [(713) 500-5000](tel:+17135005000) ## Tailgating Using High Beams [Tailgating](https://attorneybrianwhite.com/blog/how-tailgating-causes-accidents-and-how-to-stop-it/) using high beams can blind you every time you check your rearview mirror. This is important since you need to constantly monitor a driver who is tailgating you. Tailgating using high beams also comes across as an attempt to initiate conflict. The victim of such an encounter might turn into a perpetrator by intentionally slamming on their brakes and thereby initiating a “[road rage](https://attorneybrianwhite.com/faqs/can-you-file-a-claim-against-someone-who-has-road-rage/)” crash. ## Using High Beams in Fog and Heavy Precipitation Some inexperienced drivers don’t realize that turning on your high beams in fog and heavy precipitation can reduce visibility rather than enhance it. Such drivers might accidentally blind themselves, resulting in an accident. [Click to contact](/contact-us/) us today ## The Elements of a Houston Negligence Injury Claim To win a [negligence](https://attorneybrianwhite.com/faqs/what-is-negligence/) claim in [Houston](https://www.houstontx.gov/), [Texas](https://www.texas.gov/), arising from the other driver’s inappropriate use of high beams, you must prove the following “elements” of your personal injury claim: - The [defendant](https://attorneybrianwhite.com/resources/defendants-in-personal-injury-claims/) owed you a duty of care. As long as the defendant was a driver on a public road at the time of the accident, proof of this element is almost automatic. - The defendant [breached their duty of care](https://attorneybrianwhite.com/faqs/what-is-a-breach-of-duty/). Inappropriate use of high beams, if you can prove it, certainly constitutes a breach of the defendant’s duty of care. - You suffered a personal injury. A “good scare” is not enough to win a personal injury lawsuit. - The defendant’s inappropriate use of high beams is what caused the accident that injured you. This might turn out to be the most difficult element for you to prove. You must prove each one of the four foregoing elements of a negligence claim by a “[preponderance of the evidence](https://www.law.cornell.edu/wex/preponderance_of_the_evidence)” (more likely than not) basis. Complete a [Case Evaluation Form](/contact-us/) Now ## Negligence Per Se and Texas Statutory Law [Negligence per se](https://www.law.cornell.edu/wex/negligence_per_se#:~:text=Means%20negligence%20in%20itself.%20In%20a%20torts%20case%2C,is%20therefore%20negligent%20as%20a%20matter%20of%20law.) is a shortcut to proving negligence that excuses you from having to prove negligence in the manner described above. A driver is negligent per se (automatically negligent) if they break a safety statute while driving.  However, this automatic negligence does not result in automatic [liability](https://attorneybrianwhite.com/faqs/whats-liability/). Negligence per se becomes liability if (and only if) it causes personal injury to someone else. Normally, that requires the driver to cause an injury accident. The [Texas statute of the use of high beams](https://statutes.capitol.texas.gov/Docs/TN/htm/TN.547.htm) prohibits the use of high beams: - On lighted roads; - In fog, heavy rain, snow, sleet, or dust; - When approaching traffic is within 500 feet; and - When following another car that is within 300 feet ahead. A police citation for the inappropriate use of high beams can greatly help another driver establish negligence, if applicable to the case. ## Texas Wrongful Death Claims If someone dies in an accident caused by the inappropriate use of high beams, certain close family members can file a wrongful death lawsuit and [a survival action](https://attorneybrianwhite.com/houston-tx/wrongful-death-lawyer/survival-action/). In a wrongful death lawsuit, family members seek damages for their own financial and emotional losses arising from the death of the victim. In some cases, the estate executor can file a lawsuit. Damages can be substantial, given that a human life was lost. ## Do You Need a Houston Car Accident Lawyer? [Fender-bender](https://attorneybrianwhite.com/faqs/should-you-call-the-cops-after-a-fender-bender-in-houston-tx/) accidents often do not rise to the level of seriousness that justify the use of a lawyer. Accidents caused by the inappropriate use of high beams, however, are often far more serious than fender benders. You are likely to need a Houston car accident attorney to assist you in settlement [negotiations](https://attorneybrianwhite.com/blog/negotiation-in-personal-injury-cases/) and possibly trial. ## Contact the Houston Car Accident Lawyers at Attorney Brian White Personal Injury Lawyers For Help Our offices Houston — Greenway/Upper Kirby 3120 Southwest Freeway, Suite 350 Houston, TX 77098 Open 24 hours daily Call [(713) 364-1466](tel:+17133641466) [Directions](https://www.google.com/maps/dir/?api=1&destination=Attorney%20Brian%20White%20Personal%20Injury%20Lawyers%2C%203120%20Southwest%20Freeway%2C%20Suite%20350%2C%20Houston%2C%20TX%2077098) Houston — East Freeway 11811 East Freeway, Suite 630-06 Houston, TX 77029 Open 24 hours daily Call [(713) 609-1893](tel:+17136091893) [Directions](https://www.google.com/maps/dir/?api=1&destination=Attorney%20Brian%20White%20Personal%20Injury%20Lawyers%2C%2011811%20East%20Freeway%2C%20Suite%20630-06%2C%20Houston%2C%20TX%2077029) Houston — South Loop 2600 South Loop West, Suite 293 Houston, TX 77054 Open 24 hours daily Call [(713) 281-4904](tel:+17132814904) [Directions](https://www.google.com/maps/dir/?api=1&destination=Attorney%20Brian%20White%20Personal%20Injury%20Lawyers%2C%202600%20South%20Loop%20West%2C%20Suite%20293%2C%20Houston%2C%20TX%2077054) Houston — Katy Freeway 11511 Katy Fwy, Suite 515 Houston, TX 77079 Open 24 hours daily Call [(713) 909-7537](tel:+17139097537) [Directions](https://www.google.com/maps/dir/?api=1&destination=Attorney%20Brian%20White%20Personal%20Injury%20Lawyers%2C%2011511%20Katy%20Fwy%2C%20Suite%20515%2C%20Houston%2C%20TX%2077079) Houston — Clear Lake 1300 Bay Area Blvd, Suite B268 Houston, TX 77058 By appointment only Call [(936) 508-2854](tel:+19365082854) [Directions](https://www.google.com/maps/dir/?api=1&destination=Attorney%20Brian%20White%20Personal%20Injury%20Lawyers%2C%201300%20Bay%20Area%20Blvd%2C%20Suite%20B268%2C%20Houston%2C%20TX%2077058) The Woodlands 1776 Woodstead Ct, Ste. 203 The Woodlands, TX 77380 By appointment only Call [(281) 843-9777](tel:+12818439777) [Directions](https://www.google.com/maps/dir/?api=1&destination=Attorney%20Brian%20White%20Personal%20Injury%20Lawyers%2C%201776%20Woodstead%20Ct%2C%20Ste.%20203%2C%20The%20Woodlands%2C%20TX%2077380) Champion Forest (Cypress) 4606 FM 1960 Rd W, Ste. 444 Houston, TX 77069 By appointment only Call [(281) 843-9777](tel:+12818439777) [Directions](https://www.google.com/maps/dir/?api=1&destination=Attorney%20Brian%20White%20Personal%20Injury%20Lawyers%2C%204606%20FM%201960%20Rd%20W%2C%20Ste.%20444%2C%20Houston%2C%20TX%2077069) --- ### About the Author Brian White ![About the Author Brian White](https://attorneybrianwhite.com/wp-content/uploads/2024/12/brian-white-houston-personal-injury-lawyer-300x300.jpg) [Brian White](https://attorneybrianwhite.com/about/our-attorneys/brian-white/) earned his J.D. from South Texas College of Law in Houston and is licensed to practice in Texas. He is a [Board-Certified](https://attorneybrianwhite.com/resources/brian-white-is-board-certified-in-personal-injury-trial-law/) Personal Injury Trial Lawyer. Dedicated to giving back, he actively supports local charities and [community initiatives](https://attorneybrianwhite.com/about/community-involvement/). [Client testimonials](https://attorneybrianwhite.com/about/testimonials/) highlight Brian’s compassion, open communication, and dedication to achieving the best outcomes for those he represents. 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A license can mean more freedom, a part-time job, and hanging out [![Burnet Car Accident Statistics](https://attorneybrianwhite.com/wp-content/themes/brian-white/assets/app/img/default-thumb.webp)](https://attorneybrianwhite.com/blog/burnet-car-accident-statistics/) [Burnet Car Accident Statistics](https://attorneybrianwhite.com/blog/burnet-car-accident-statistics/) Car accidents are common in a populous state like Texas. Even in smaller cities like Burnet, which has a [![Back Pain After a Car Accident — What’s Causing It?](https://attorneybrianwhite.com/wp-content/uploads/2021/11/Back-Pain-After-a-Car-Accident-—-Whats-Causing-It-300x200.jpg)](https://attorneybrianwhite.com/blog/back-pain-after-a-car-accident-whats-causing-it/) [Back Pain After a Car Accident — What’s Causing It?](https://attorneybrianwhite.com/blog/back-pain-after-a-car-accident-whats-causing-it/) A car accident can traumatize your body. It may cause pain in your chest from the seat belt or pain in your arms from [![10 Factors That Determine How Much to Expect From a Houston Car Accident Settlement](https://attorneybrianwhite.com/wp-content/uploads/2020/10/10-Factors-That-Determine-How-Much-to-Expect-From-a-Houston-Car-Accident-Settlement-300x199.jpg)](https://attorneybrianwhite.com/blog/10-factors-that-determine-how-much-to-expect-from-a-car-accident-settlement/) [10 Factors That Determine How Much to Expect from a Car Accident Settlement](https://attorneybrianwhite.com/blog/10-factors-that-determine-how-much-to-expect-from-a-car-accident-settlement/) Recovering compensation for a car accident can be a frustrating process. Most individuals expect their claims to be --- Source: https://attorneybrianwhite.com/faqs/what-happens-if-another-drivers-high-beams-cause-my-houston-car-crash/