What Is Negligence and How Does It Affect Your Accident Case?
When you are injured in a car, truck, or motorcycle accident, one of the most important legal questions is whether someone else was negligent. Negligence is a fundamental concept in Texas personal injury law, and proving negligence can be essential to recovering compensation for your injuries and losses.
What Is Negligence?
In general, negligence occurs when someone fails to exercise the level of care that a reasonably careful person would use under similar circumstances. Negligence can take many forms, including distracted driving, speeding, failing to yield, running a red light, driving while impaired, or otherwise violating traffic laws.
To establish a negligence claim, an injured person generally must prove four elements: duty, breach, causation, and damages.
First, the defendant must have owed you a legal duty. Drivers, for example, have a duty to operate their vehicles safely and follow applicable traffic laws.
Second, you must show that the defendant breached that duty. A driver who is texting while driving or traveling at an unsafe speed may have breached the duty to drive reasonably safely.
Third, you must establish causation. This means demonstrating that the defendant’s negligent conduct caused the accident and your injuries. Simply showing that someone acted carelessly is not enough if that conduct did not cause your damages.
Finally, you must have suffered actual damages. These may include medical expenses, lost income, property damage, physical pain, emotional distress, and other losses resulting from the accident.
How Does Negligence Affect Your Accident Case?
Negligence can directly affect whether you recover compensation and how much you may receive. Texas follows a modified comparative responsibility system under Texas Civil Practice & Remedies Code § 33.001. Generally, a plaintiff who is 51% or more responsible for the harm cannot recover damages.
If you are found to be 50% or less responsible, your damages can generally be reduced according to your percentage of responsibility. For example, if your total damages are $100,000 but you are determined to be 20% responsible for the accident, your recovery could be reduced to $80,000.
This makes evidence particularly important. Police reports, photographs, surveillance footage, dash-camera recordings, witness statements, medical records, and other documentation can help establish what happened and who was responsible.
Why You Should Protect Your Claim
Insurance companies may attempt to argue that you were partially or primarily responsible for an accident. They may also dispute the severity or cause of your injuries. Statements you make to an insurance adjuster can potentially be used against you later.
After an accident, seek appropriate medical attention, preserve evidence, document your losses, and be cautious about discussing fault before you understand your legal rights.
Talk to a Texas Personal Injury Lawyer Brian Brunson
Negligence is often the foundation of an accident injury claim. Understanding how duty, breach, causation, damages, and comparative responsibility apply to your circumstances can help you make informed decisions about your case.
Named one of the “Best Car Accident Lawyers in Dallas” by Expertise.com, Brian Brunson is Dallas personal injury attorney who is dedicated to helping clients who have suffered a car, truck, or motorcycle injury through the negligent or wrongful conduct of other drivers. In addition, his professionalism is unmatched and the firms’ client reviews speak for themselves.
We proudly serve the Dallas-Fort Worth metroplex and surrounding areas, our office supports the legal needs of a wide variety of clients. Let the Law Office of Brian Brunson be your advocate in your time of need and help you put your life back together. If we can’t win or settle your case, you don’t pay a dime! We know it can be daunting to take that first step after you’ve been hurt. Contact Brian Brunson today via email or call us toll-free at 1-844-41-WRECK. We can help, when no one else will.
