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What Are Texas Negligence Laws?
When you get injured in an accident due to someone’s negligence, the law makes it possible to recover compensation from the at-fault party. Trial attorneys in Texas explain that the legal system ensures everyone responsible for the accident is held accountable through a fair and structured process, a concept known as comparative negligence.
Legal experts recognize that some personal injury cases are one person’s fault, and liability can be straightforward. On the contrary, other cases have shared fault between the involved parties. Some scenarios are the following:
- A driver follows another car too closely and crashes into it when it turns without signaling
- A customer in a store is watching a video on their phone while walking and slips on a wet, unmarked floor, sustaining a hip injury.
- A motorcyclist ignores the traffic lights, enters an intersection, and is hit by a driver who is driving under the influence of alcohol.
In these situations, multiple parties may share responsibility for the injuries sustained. When working out a settlement amount for the claimant, Texas injury lawyers will apply the legal principle of comparative negligence.
How is Negligence Defined in Texas?
Negligence is when someone fails to act as a reasonable person would under similar circumstances, leading to harm. Injury lawyers in Texas elaborate that you, as the claimant, must prove four crucial elements to increase your chances of obtaining the compensation your case is worth:
- Â Duty of care: You must prove that the defendant had a legal obligation to prevent harm. For example, drivers must obey traffic rules and maintain safe driving practices to promote their safety and that of other road users.
- Breach of the duty of care: It’s paramount to show that the defendant failed to act responsibly or take the necessary action, leading to an accident.
- Causation: You must demonstrate that there exists a relationship between the accident and the injuries you sustained. You can’t claim compensation for injuries that existed before the accident unless you can prove that the accident worsened your condition.
- Damages: You must show that you sustained injuries and incurred losses due to the accident. Examples of damages you can claim are economic damages, such as medical expenses.
Proving these elements of negligence can be complex if you don’t know how the system works. Retain the services of skilled Texas injury lawyers to help you navigate the system for a favorable outcome.
How Does Comparative Negligence Work?
Comparative negligence is a legal provision that allows for reducing damages based on your percentage of fault in the accident. If you’re partially at fault for an accident and injuries, your compensation will be reduced proportionally to your share of fault. The more negligent you’re found to be, the less settlement amount you can recover.
Texas injury attorneys explain that comparative negligence aims to highlight the reality of most accidents, which happen due to the negligence of multiple parties. The law also seeks to align compensation with actual fault by accounting for the claimant’s role.
Modified Comparative Negligence in Texas
Texas applies a modified comparative negligence system. It allows plaintiffs whose share of fault equals or is less than the defendant’s to recover damages. Nonetheless, the settlement amount will be reduced by their percentage of fault. Under this system, you can’t receive compensation for your damages if you are 51% or more at fault.
For example, if you are found to be 35% at fault and the defendant is 65% at fault, you can obtain compensation, but it will be reduced by 35%. If you’re found to be 55% at fault, you may not receive any compensation, based on Texas’s 51% bar rule.
How Can I Prove Fault in a Comparative Negligence Case?
Establishing fault is one of the key processes in comparative negligence cases. The court must carefully weigh the evidence objectively to assign fault without bias. Factors they may consider include:
- Â The nature of the negligent acts, such as who had the last clear opportunity to avoid the accidents, or whose actions triggered the event leading to the accident
- The extent of the causal relationship between the behavior and the injury
- The parties’ capacity to recognize and avoid the risks
- Whether anyone violated a regulation, statute, or ordinance
To strengthen your claim, skilled injury attorneys in Texas can help you present solid evidence to reduce your liability and prove that the other party was at fault. While evidence can vary from case to case depending on various circumstances, some standard pieces of evidence you can provide include the following:
- A police report and the officer’s opinion as to the cause of the accident
- Eyewitness statements
- Citations given to one of the drivers
- Photos and videos of the crash
- Accident reconstruction reports
- The angle and location of the car damage
You must prove your claim based on a preponderance of the evidence, which injury lawyers in Texas say is “more likely to be true than not.” Clear and compelling evidence can enhance your chances of recovering the full compensation amount you deserve.
A Skilled Injury Lawyer Helping You Navigate Comparative Negligence Laws in Texas
Pursuing compensation from a negligent party can be complex because of the comparative negligence rule in Texas. Nonetheless, experienced trial attorneys in Texas can fight to keep your liability as low as possible by establishing that one or more parties were at fault for the accident. They can comprehensively investigate and gather the necessary evidence for a solid claim.
The Alfred Firm is a top-notch law firm with knowledgeable injury lawyers in Texas. Let us evaluate your case and help you pursue the compensation you deserve from the negligent party. We do the work while you focus on rebuilding your life. Call us at 713-489-1875 to schedule a FREE consultation.
