The legal concept of negligence is pivotal to personal injury law. Negligence involves many factors but is primarily a failure to meet a certain duty of care under the given circumstances of a case.
Every state across the country has unique laws relating to negligence, and Texans should have a thorough understanding of the negligence laws in their state. Plaintiffs who pursue lawsuits without a firm grasp of Texas negligence laws could end up paying legal fees for a lost cause — or even a possible countersuit from the defendants of the case.
Regardless of what the negligence laws are in your state, proving negligence remains the same. The injured party has to be able to establish duty, breach, caution, and actual harm in order to have a successful personal injury claim.
However, the variations in negligence laws from state to state can have a notable impact on the outcome of a lawsuit. In court, different negligence statutes can play out very differently. Texas follows a modified comparative negligence model, which we will discuss more later.
You should learn all about the negligence laws in the state of Texas in order to have a better understanding of your case, and our Houston personal injury lawyers at West Loop Law and the Law Office of Nhan Nguyen are here to help.
The 5 Elements of Negligence
The civil justice system places the burden of proof on the plaintiff — not the defendant. This means it is up to the injured party to prove that their version of events is likely true based on a preponderance of evidence. Only at that point will compensation be awarded to the plaintiff.
There are five standard elements that constitute the required burden of proof in most Texas personal injury cases:
- Duty of care owed. The defendant had a legal duty to act or not act in a certain way toward the plaintiff. For instance, a driver that crashed into you would have had the duties to focus on the road and follow any traffic laws.
- Duty of care breached. The defendant failed to exercise reasonable care, effectively breaching his or her duties owed to the plaintiff. For instance, an at-fault driver could reach his or her duties by driving while intoxicated.
- Cause in fact. The actions or misbehavior of the defendant has to be the actual cause of the accident and the resulting injuries. Essentially, you would not have been injured or suffered damages if it were not for the breach of duty on part of the defendant.
- Proximate cause. A reasonable party in a similar situation would now have acted in a way that breached duty and caused injuries. For instance, a reasonable person would recognize that driving drunk is dangerous.
- Damages suffered. The actions of the defendant resulted in specific and quantifiable damages. The Texas civil court system will only award compensation for damages if there are compensable damages resulting from the accident, such as hospital bills, lost income, or pain and suffering.
If you need help establishing any of these elements in your claim, you should contact a Texas personal injury attorney who can help you find and present evidence. It should be noted that not every single personal injury case will require these five elements; only cases based on negligence will require all five.
In other cases, like strict product liability claims or strict dog bite claims, the proof of negligence of a breach of duty will not be required in order to obtain compensation. You should discuss your type of case and the burden of proof with a personal injury attorney at West Loop Law and the Law Office of Nhan Nguyen, MD, JD for specific details on your situation.
How Can I Prove Negligence in a Personal Injury Case?
The civil courts in Texas require that the plaintiff’s side of the case establish that the defendant’s negligence, recklessness, or intent to injure or breach of duty caused hte damages in question in a clear and convincing way. You will need to prove that the breach of duty is more than just hearsay. Admissible evidence during a Texas personal injury claim can include:
- Image-based evidence. Pictures and videos of the accident can provide hard-evidence when pursuing an injury claim. Take photos of the accident, request copies of the official police photographs, and even get any surveillance camera footage that may be available.
- Official reports. Copies of crash reports from police officers, employers, store managers, business owners, property owners, and anyone else who could help provide relevant information could help create a clearer picture of what occurred.
- Testimonies or statements. Sworn statements by eyewitnesses and field experts can help explain key information to a jury, including the defendant’s reasonable duties of care according to the circumstances of your case.
The primary categories of evidence are real, demonstrative, documentary, and testimonial. Physical, photographic, illustrative, and verbal evidence could all help prove your claim of injury.
You should work with a Houston personal injury lawyer to preserve key evidence from the very start of your case. Your attorney can make phone calls to preserve evidence like closed-circuit television footage or maintenance logs. Your attorney can strengthen your claim by hiring experts to operate as key witnesses, hiring investigators, working with accident reconstructionists, and collecting statements from witnesses.
What Is Modified Comparative Negligence?
In a typical personal injury claim, the plaintiff is required to prove that the defendant acted negligently and then show that the defendant’s negligence directly contributed to measurable losses to the plaintiff. If the plaintiff is partly liable for their damages, they are still able to recover damages under comparative negligence law. For instance, a plaintiff is able to sue a distracted driver who caused a collision while texting, but the plaintiff will likely take on a percentage of fault for the crash if the plaintiff was speeding or acting negligently at the time of the crash.
A pure contributory negligence system would prevent the plaintiff in the previous example from being eligible to collect damages, even if he or she is only 1% at fault for the accident. A pure comparative negligence system allows the plaintiff to collect damages even if he or she was 99% at fault. Basically, the plaintiff would lose a percentage of the awarded compensation or settlement equal to their percentage of fault. Texas has a modified comparative negligence system that allows plaintiffs to recover losses if they are 51% of less at fault for their losses. After a plaintiff reaches 52%, he or she is unable to recover compensation for their damages.
This system offers a healthy balance because it protects the rights of plaintiffs who unfairly suffer losses due to negligence while also discouraging frivolous lawsuits. A plaintiff is less likely to pursue a lawsuit if they know they are more than partially liable for the damages. This kind of risk would make the plaintiff vulnerable to a countersuit from the defendant, who would have justification to file a countersuit if the jury decides that the plaintiff is more than 52% at fault.
Can This Law Impact My Compensation?
A plaintiff who is found partly liable for claimed damages in a personal injury claim will lose a portion of their settlement equivalent to their level of fault. For instance, a plaintiff filing a suit claiming $100,000 in damages is also 10% at fault for the accident. That means he or she would effectively lose 10% of the award, meaning they would only be able to recover $90,000.
However, if the plaintiff is 52% percent at fault or greater, he or she would be unable to recover any compensation. The plaintiff would still have to pay legal fees to his or her lawyer for the unsuccessful case and could even face legal retaliation from the defendant.
If you are thinking of filing a personal injury suit in Texas, it is crucial to meet with a qualified Houston personal injury attorney to discuss your case before filing your complaint. A skilled attorney will investigate your claim to make sure that you are not at risk of absorbing fault for your damages and ensuring that you have the best chances for success at trial.
Houston Personal Injury Lawyers
Car crashes are the leading cause of death and serious injury in the state, and injured parties are often overwhelmed by significant damages in the aftermath of a collision. You need to know that you’re not alone after being unfairly injured in a collision. When looking for a Houston lawyer referral, West Loop Law and the Law Office of Nhan Nguyen, MD, JD has you covered. The sooner you give us a call, the sooner we can help you obtain the compensation you need and deserve. Contact our law offices at 713-840-7200 to discuss your case today.
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