Understanding Texas Negligence Laws

They say an eye for an eye makes the world go blind, but in Texas, justice is about accountability, not retaliation.

When someone’s negligence causes harm, the legal system steps in to provide a pathway for victims to seek rightful compensation. Instead of relying on retribution, Texas law ensures that those responsible are held accountable through a fair and structured process.

Let’s break down the essential elements of Texas negligence laws and what they mean for those seeking justice.

What Is Considered Negligence in Texas?

Negligence in Texas is when someone fails to act as a reasonable person would, leading to harm. To prove negligence, a plaintiff must show four important things:

• The defendant had a duty of care, meaning they had a legal obligation to act responsibly to prevent harm. For example, drivers are expected to follow traffic laws and maintain safe driving practices.
• The defendant breached their duty of care by acting irresponsibly or failing to take necessary action.
• The breach of duty directly caused the injury or damage. For example, if a driver speeds and causes an accident, the speeding directly leads to the crash and any resulting harm.
• The victim suffered damages because of the negligence, which can include physical injuries, emotional suffering, or financial losses.

Texas follows a modified comparative negligence rule, meaning if a victim is partially at fault, their compensation may be reduced based on their percentage of responsibility. If a victim is more than 50 percent at fault, they may not recover damages.

Understanding Modified Comparative Negligence in Texas

In Texas, we follow a “modified” comparative negligence approach to personal injury claims. According to the Texas modified comparative negligence standard, you have the right to seek damages even if you bear some responsibility for an accident. However, if you are determined to be more than 51% at fault, you will not be able to recover any damages. This rule in Texas is commonly referred to as the “51% bar” or “proportionate responsibility.”

In terms of compensation, proportionate responsibility might look like this:

• You are awarded $100,000 as a result of your personal injury claim
• The court finds you 30% responsible for your injuries
• You receive only $70,000 of the original $100,000 in compensation

If you are found to be more than 51% responsible for the injuries sustained in your accident, you are not entitled to receive any compensation under Texas negligence laws. At Thompson Law, we know how confusing comparative negligence laws can be. Fortunately, our skilled attorneys have years of experience with personal injury accidents that involve shared fault.

Examples of Comparative Negligence

In each of the instances below, there is shared fault. Texas negligence laws exist to help determine liability, but shared liability is tricky, and it’s ultimately up to the courts to decide percentages of fault.

• Driver A turns without signaling. Driver B, following too closely behind vehicle A, causes a collision.
• A pedestrian suddenly runs into the road without warning and is hit by a truck that is driving well over the speed limit.
• A customer in a restaurant is texting on their phone when they slip and fall on an unmarked spill.
• Driver A makes a left turn and hits driver B who is speeding. In this case, Driver A is likely to be found majority at fault for making an unsafe turn, while driver B shares responsibility for speeding.

Common Types of Injuries and Losses Caused by Negligence

Negligent actions can lead to a range of injuries, and these injuries often have physical, emotional, and financial consequences. Some of the most common injuries include:

• Traumatic brain injuries often result from accidents like car crashes or falls and can cause long-term problems with memory, movement, and cognitive abilities.
• Facial and eye damage can lead to permanent disfigurement or vision loss, requiring surgeries and ongoing medical care.
• Spinal injuries can result in paralysis, chronic pain, or reduced mobility, often affecting a person’s ability to work or carry out daily activities.
• Amputations caused by accidents can have serious physical and emotional impacts, changing how a person lives and works.
• Severe burns from accidents may lead to infections, scarring, and long recovery times.
• Broken joints or fractured bones can range from simple to severe injuries that limit movement or require surgery.
• Organ damage and internal bleeding can be life-threatening and often need immediate medical attention.
• Death caused by negligence may leave families grieving and seeking compensation for funeral expenses, lost income, and emotional losses.

What Is the Statute of Limitations for Negligence in Texas

In Texas, you generally have two years from the date of the injury to file a negligence claim.

This time limit applies to most personal injury cases, such as car accidents, slip-and-fall incidents, and medical malpractice. If you miss this deadline, you could lose your right to pursue compensation, no matter how serious the injury is.

However, there are some exceptions. For example, if the victim is a minor, the clock may not start until they turn 18. Medical malpractice cases also have special rules, especially when the injury isn’t discovered right away. Acting quickly is critical, as gathering evidence and building a strong case takes time. Delays can cost victims their chance at justice.

The Importance of Evidence in Negligence Cases

Evidence is the backbone of any successful negligence case. Without it, it’s nearly impossible to prove that the other party’s actions caused your injuries. Here are the types of evidence you can include:

• Photos or videos of the accident scene, injuries, or property damage can provide clear, visual proof of what happened.
• Medical records detail the extent of your injuries and connect them to the incident. They also demonstrate the medical costs you’ve incurred.
• Witness statements from people who saw what happened can add credibility by offering unbiased perspectives on the event.
• Police or incident reports often contain crucial details about the accident, including statements from both parties, environmental factors, and any legal citations issued.
• Notes and diagrams can also help reconstruct the event and clarify key details, especially when memory fades over time.

Collecting evidence as soon as possible is important. Over time, memories fade, and key evidence can disappear. The stronger the evidence, the better your chances of winning in court or negotiating a favorable settlement.

How Can a Personal Injury Lawyer Help?

A personal injury lawyer guides you through every step of a negligence case to help you get the compensation you deserve. They begin by investigating the accident, and gathering key evidence such as photos, medical records, and witness statements. They also determine fault by analyzing how the other party’s negligence caused your injuries.

Lawyers are your advocates when dealing with insurance companies or legal representatives. They negotiate settlements, ensuring you don’t settle for less than what you’re owed. Attorneys also evaluate damages—not just medical bills, but lost income, pain, and future costs. Their goal is to maximize your compensation while allowing you to focus on recovery.

Without a lawyer, you could be at risk of receiving a lower settlement or facing difficulties proving your case. Legal representation ensures you have a skilled professional fighting for your best outcome.

Contact Thompson Law Today

If you’ve been injured in an accident due to someone else’s negligence, Thompson Law is here to help. Our experienced team has recovered over $1.9 billion for clients and is ready to fight for your compensation. We offer free consultations so you can explore your legal options without any upfront costs.

Time is critical after an accident, as evidence can disappear, and deadlines may pass. Don’t wait to get the legal support you need. Contact Thompson Law today to discuss your case, protect your rights, and maximize your potential recovery.

Frequently Asked Questions Regarding Negligence Laws

How much does it cost to speak with a personal injury lawyer about negligence?

Most personal injury lawyers, including Thompson Law, offer free initial consultations. This means you can discuss your case and get advice at no cost.

Personal injury cases usually operate on a contingency fee basis, meaning you don’t pay anything upfront. Instead, the lawyer only gets paid if they win or settle your case, typically taking a percentage of the compensation.

This fee structure protects clients from financial risk. If the lawyer doesn’t recover compensation, you don’t owe anything.

Who determines the percentage of fault in Texas injury cases?

Fault percentages in Texas injury cases are typically determined through negotiations or litigation. Insurance adjusters and lawyers often negotiate fault informally during settlement discussions. If a settlement cannot be reached, the case may go to trial, where a judge or jury will decide the fault allocation based on presented evidence.

How does comparative negligence work with multiple responsible parties?

In cases where multiple parties share responsibility for an accident, each party’s percentage of fault will be determined, and damages will be allocated accordingly. For example, if three drivers were involved in a crash and found 40%, 35%, and 25% at fault, the damages would be divided proportionately.

Let’s say your damages are $100,000. If one party is 40% responsible, they would owe you $40,000. The remaining damages would be divided based on the fault percentages of the other responsible parties. This system ensures that all negligent parties contribute to compensating the victim.

However, do remember that Texas has a 51% rule, also known as modified comparative fault. This means that as long as you are less than 51% at fault, you can still recover compensation for your damages. However, your recovery will be reduced by your percentage of fault.

For instance, if you were found 30% at fault in an accident where your total damages amounted to $100,000, your compensation would be reduced by 30%, leaving you with $70,000. But if you were 51% or more at fault, you would be barred from recovering any compensation under Texas law.

Do other states have different negligence laws?

The laws governing negligence vary across states, and many differ markedly from Texas negligence laws. Negligence laws in the United States can generally be grouped into three main categories:

1. Contributory Negligence: Only 4 states – Alabama, Maryland, North Carolina, and Virginia – and Washington, D.C., follow this strict rule. Here, plaintiffs cannot recover any damages if they are even slightly at fault, making this a harsh standard.
2. Pure Comparative Negligence: Plaintiffs can recover damages even if they are largely at fault, with their compensation reduced by their percentage of fault. This is followed by 12 states.
3. Modified Comparative Negligence: Plaintiffs can only recover damages if their fault is below a certain threshold, typically 50% or 51%. This is the approach used in 33 states.
   • Slight vs. Gross Negligence (a subset of modified comparative negligence): South Dakota has a unique rule where plaintiffs can recover damages if their fault is considered “slight” compared to the defendant’s “gross” negligence. However, if their negligence is deemed more than slight, recovery is barred.

What is the statute of limitations for personal injury in Texas?

In Texas, the statute of limitations for personal injury claims is generally two years. This means that, from the date of the accident or injury, you have a two-year window to file a lawsuit against the party or parties you believe to be responsible. If you fail to file within this time frame, your claim will likely be dismissed, barring some exceptions.

The statute of limitations varies by state, and applies to almost all types of personal injury cases, including car accidents, slips and falls, and medical malpractice. It’s crucial to keep in mind that this deadline is strictly enforced, and missing it can significantly affect your right to pursue legal recourse. Therefore, it’s advisable to consult with a personal injury attorney promptly after your accident to ensure all necessary steps are taken within the appropriate timelines.