Most personal injury cases, such as car accidents, involve proving negligence to recover compensation. If you have a personal injury claim resulting from the injuries another person caused, you should know Texas law on comparative negligence, as it can directly impact your settlement.
When someone else causes you painful injuries, mental anguish, and financial losses, you deserve to recover damages rather than drown in debt. Angel Reyes & Associates is a team of personal injury attorneys serving Texas injury victims. In this blog, we discuss Texas laws for comparative negligence as well as how other states compare and how a personal injury lawyer can help.
Overview of Texas Negligence Law
Texas law for negligence in personal injury cases follows a modified comparative negligence rule. Negligence itself is when someone acts without the same level of care that a reasonable person would take in a similar circumstance. Due to this lack of care, they didn’t take proper precautions to prevent an accident or injury.
To hold the other party at fault in personal injury cases, it takes proving negligence to recover compensation. This requires satisfying all four elements of negligence as per negligence laws to have a valid Texas personal injury case.
Elements of Negligence
Pursuing compensation for economic damages as well as non-economic damages requires proving that someone else’s negligence caused your injuries and losses. These are the four elements of negligence that must be proven first:
Legal Duty of Care
In personal injury cases, a duty of care must be established, which is a legal obligation to behave safely and prudently to prevent harm. For example, in personal injury cases involving motor vehicle crashes, all drivers have a duty to follow traffic laws and behave safely behind the wheel.
Breach of Duty
A defendant’s breach of duty means that their actions were irresponsible or the defendant failed to take necessary action. On the road, this may mean that they were driving while intoxicated or distracted, or they may have been engaging in reckless driving behaviors.
Causation
The defendant’s actions in the breach must be shown to have directly caused the injury.
Damages Suffered
The final component of negligence in Texas is that a victim suffered damages. These can include the injuries themselves along with the medical bills, lost wages, emotional distress, and other financial losses.
It’s important to note that victims must prove all of these elements to seek compensation for their personal injury case. This will require presenting extensive evidence to establish negligence to hold the defendant liable.
Understanding Modified Comparative Negligence in Texas
Texas follows modified comparative negligence, which allows for shared blame. Insurance adjusters in a car crash will look at the accident scene and determine the percentage of fault each party involved had in this event.
According to the modified comparative negligence standard, a plaintiff’s damages can be reduced by their fault percentage. You must be 50% at fault or less to seek compensation. Also known as proportionate responsibility, it helps to look at an example of a personal injury claim to understand how modified comparative negligence works.
In a Texas personal injury lawsuit, you may be awarded compensation of $200,000 for your physical injuries and other damages. However, if you were speeding even though you had the right of way, you may have some liability. The at-fault party may be assigned 90% of the blame while you get a percentage of fault at 10%, meaning you’d only receive $180,000 of your compensation award.
Insurance companies try to manipulate the percentage of fault to reduce the payout. In some cases, they may succeed in placing a majority of the fault on you to bar you from collecting the money you deserve. If you’re partially at fault, it’s important to discuss your case with a lawyer to learn about your legal options.
How It Differs from a Contributory Negligence State
The laws in Texas for comparative negligence differ dramatically from contributory negligence. With contributory negligence laws in a car accident, if an injured party has even 1% of the fault, they will not be able to recover compensation. With modified comparative negligence, Texas injury victims have less standing in their way to recover damages.
Additionally, some states have negligence laws that follow a pure comparative negligence system. Under pure comparative negligence, you could be up to 99% at fault and still have the chance to recover compensation. However, the higher that percentage, the less you will receive for your personal injury from the insurance company.
A Word About Gross Negligence
In terms of grossly negligent behavior, if a defendant does something particularly egregious, they may have punitive damages imposed. While this won’t result in an additional financial award, it’s meant to acknowledge the other party’s negligence and deter similar behavior. Wrongful death lawyers often seek these additional damages.
Steps to Take if Involved in a Negligence Case
When you’re the injured party, you must do everything you can to protect your legal rights and avoid being falsely blamed. While Texas isn’t a contributory negligence state, if you want the best chance at a favorable outcome, you should follow these steps:
Call 911 to Report the Accident
The first thing you should do after a car wreck is report it to the police. Once officers respond, they will investigate and provide a police report, which can serve as part of your evidence. If you’re in any physical pain or notice visible injuries, make sure you tell the 911 operator to send emergency medical services to the scene.
Get Immediate Medical Attention
The proximate cause of your injuries needs to be related to your accident, and timely medical intervention is a necessary component. Since proving negligence is essential to securing financial compensation, it’s essential that you can show the connection from the accident to the injury.
Many victims are shaken up, and the adrenaline from this event can make it easy to miss the signs of injury. Never assume that you’re fine after a serious crash and visit the nearest hospital, urgent care center, or your own doctor immediately. Your treatment will create medical records that can be used to link your injuries to the accident.
Gather Evidence
One key step is getting evidence before the scene is cleared away. Take photos and videos of both vehicles and their positioning. Make sure you capture images of your injuries as well, and get the contact information from any witnesses who may have stopped to render aid.
Contact a Lawyer to Review Your Case
It’s best to discuss what happened with an attorney if you’ve sustained serious injuries. One key issue injured victims often have is that they wake up in the hospital and don’t get a chance to gather evidence. Reach out to a lawyer to get the legal support you need rather than waiting until things escalate. As evidence fades and the statute of limitations ticks on, it may be more challenging to get the right level of compensation deserved.
How Can a Personal Injury Lawyer Help with Negligence in Texas?
The premise of negligence is that if someone in the same circumstances would have taken the same care. This can become murky when you have a modified version of the law, and blame can be shared.
An attorney can be of tremendous assistance in helping you recover what’s fair. Here’s what they can do for you:
Investigate and Gather Evidence
Even if you were able to snap a few photos, a well-rounded portfolio of evidence can help avoid issues with negligence. Your lawyer will have resources available to help you, such as obtaining the traffic camera footage to show that the defendant caused the crash or hiring expert witnesses who can reconstruct the accident to show how it occurred.
Negotiating with Insurers
When you have been hurt by another person in an accident that they negligently caused, their insurance company will need to pay the damages. Representing yourself can lead to a lower settlement offer, while having an attorney will ensure they calculate the full extent of your damages. You may only think about your medical costs or your lost income, though your lawyer will be thinking of all the other costs you’ve incurred as a result of this person’s negligence.
Representation in Court
Most of the time, negotiations will result in producing a fair settlement. However, in more complex cases, things may carry on to trial. Beyond that, you may wind up in the Texas Supreme Court if your case involves corporate entities. If you obtain legal representation from a personal injury lawyer from the start of your injury claim, they’ll be ready to handle the courtroom.
Essentially, an attorney can help with a variety of things associated with the legal process. This lessens your burden and allows you to take the time you need to fully devote yourself to abiding by doctors’ orders for your best recovery. When injuries and financial impacts are serious, you should never leave anything to chance. Let a lawyer take a look at your case and inform you of the options you have, allowing you to make the right decision.
You can even schedule a free initial consultation with the attorneys at Angel Reyes & Associates. Stop by our law firm offices in Texas to learn more about how we can help.
