If you were hurt because of someone else’s carelessness or wrongdoing, you might be able to file a personal injury claim under Texas law. This type of claim is often based on negligence, a legal concept that holds people liable when they fail to act responsibly and cause harm.
Understanding how negligence works is key to understanding your legal rights and what compensation you may be able to recover for your injuries. Most personal injury cases, such as car accidents, truck accidents, slips and falls, and others are based on this cause of action.
What Is Negligence?
Negligence is when a person or entity fails to act in a way that keeps others safe. It’s basically a failure to act the way a reasonable person would in the same situation. If that failure causes someone to get hurt, the person responsible can be held liable.
For example, drivers have a duty to follow traffic laws and drive safely to protect others on the road. If a driver speeds or does not pay attention and causes an accident, they may be found negligent. The injured party may then be able to seek compensation for medical bills, lost wages, and pain and suffering.
In Texas, negligence laws ensure that those who act carelessly are held accountable for the injuries they cause. However, it’s important to understand that not every accident results in a valid negligence claim. For negligence to apply, there must be a clear connection between the careless behavior and the injury.
What Are the Legal Elements of Negligence?
To prove negligence in Texas, the injured party has to demonstrate that certain legal elements are present. These elements create the basis of any negligence case. If any of these elements are missing, the claim will likely fail.
Here are the four legal elements you must prove in a negligence claim:
Duty of Care
First, you need to show that the defendant owed you a duty of care. A duty of care means the defendant was legally required to act with caution to avoid causing harm. For instance, drivers have a duty to follow traffic rules and drive safely to prevent accidents. Store owners owe customers a duty to keep their premises safe.
Breach of Duty
Once a duty of care is established, you need to show that the defendant breached that duty. A breach happens when the defendant’s actions fall below the level of care required. This could be something like a driver running a red light or a store owner not fixing a wet floor that leads to a slip and fall. The breach is key to proving negligence.
Causation
The third element is showing that the defendant’s breach of duty directly and proximately caused your injuries. It’s not enough to say the defendant was careless — you must prove that their carelessness led to your injury.
Damages
Lastly, you have to prove that you suffered actual damages because of the defendant’s actions. Damages can include physical injuries, medical expenses, lost wages from being unable to work, and more.
In most cases, at least one of these elements will be in dispute to some extent.
What Is Comparative Negligence?
In some cases, both parties might share some of the blame for the accident. Under Texas’s modified comparative negligence law, you can still recover compensation even if you were partially at fault for the accident. However, your fault must be less than or equal to the other driver’s fault to recover damages.
Let’s say you were in a car accident and found to be 30% responsible because you were speeding. The other driver was 70% responsible for running a red light. In this case, you can still seek compensation, but your award will be reduced by 30%, which is your share of the fault.
However, if you are found to be more than 51% responsible for the accident, you won’t be able to recover any compensation under Texas law. That’s why it’s important to have a strong legal team to defend against claims you were at fault.
Proving Negligence in Texas
To successfully prove negligence in a personal injury case, you will need solid evidence that supports your claim. It’s not enough to claim that the other party was negligent; you need to present proof showing how their actions directly led to your injuries.
Common types of evidence used to prove negligence include:
- Witness statements: People who saw the accident can provide important details about how it happened.
- Police or accident reports: These documents often give an official account of what happened and who may be at fault.
- Medical records: Showing the extent of your injuries and the treatment you received can help link your injuries to the accident.
- Expert testimony: In more complicated cases, expert witnesses like accident reconstructionists or doctors can provide insight into how the accident happened and how it caused your injuries.
- Photos and videos: Visual evidence from the accident scene or your injuries can be very powerful in proving negligence.
Working with a Dallas personal injury lawyer can make a big difference in effectively gathering and presenting this evidence. An experienced attorney will know what evidence is needed and how to build a strong case.
Contact the Dallas Personal Injury Law Firm of Bush Personal Injury and Car Accident Lawyers LLC Today For Help
For more information, please contact the Dallas personal injury law firm of Bush Personal Injury and Car Accident Lawyers to schedule a free consultation today.
Our office is conveniently located in Dallas, near the Dallas Downtown Historic District. We serve statewide throughout Texas.
Bush Personal Injury and Car Accident Lawyers LLC
701 Commerce Street, Suite 703
Dallas, TX 75202
(214) 615-6394