Understanding Texas Negligence Laws

San Antonio Auto Accident Statistics. Car crash on the road ,wait insurance claim . Insurance claim concept. Texas Comparative Negligence Laws

Personal injuries occur due to a wide range of causes and factors. Every year, millions are injured in hazardous situations like car accidents, workplace accidents, unsafe premises, pedestrian accidents, and more.

Sometimes, accidents are clearly the fault of one person. Other times, liability is more complicated. In Texas, however, the way you recover compensation may be different than in other states due to its unique comparative negligence law.

Call Thompson Law today if you were injured in an accident and are partially at fault. We understand the complexity of Texas negligence laws and will work to get you the compensation you deserve.

Lawyer speaking with car accident victims who are his clients.

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.

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The Importance of Evidence in Comparative Negligence Cases

According to Texas comparative negligence laws, the evidence is crucial, a personal injury case is not the exception. And meticulously collecting evidence is never more essential than in comparative negligence laws cases where every percentage point counts. A skilled personal injury lawyer can help gather evidence to prove you are not more than 51% accountable for your injuries.

Evidence in a comparative negligence case might include:

  • Witness statements
  • Accident reports
  • Medical records
  • Your diary
  • Photos and videos, including from nearby surveillance cameras

How Can a Texas Personal Injury Lawyer Help?

Determining fault in comparative negligence cases can be incredibly complex. And when you share responsibility, insurance adjusters could try to bully you into taking a low payout or none at all. But in Texas, you are entitled to seek compensation if you are less than 51% responsible for your injuries.

A Texas personal injury lawyer will help by:

  • Acting as your advocate:  Your consultation is free, and we do not collect a fee unless we win your case. Our interests align with yours, and we want to ensure you get a fair payout.
  • Determining fault/liability:  Proving fault can be extremely challenging. But a seasoned Texas car accident lawyer has years of experience collecting evidence, interviewing witnesses, and establishing responsibility.
  • Evaluation damages:  Our expertise and experience uniquely qualify us to assess monetary damages like physical pain and suffering, healthcare expenses, future medical bills, lost wages, and more.

At Thompson Law, we know how devastating a car crash can be for you and your family. Our auto injury attorneys are here to discuss the details of your case so you can understand your rights under Texas negligence laws. Our goal is to let you focus on healing and recovery so you can get your life back.

Texas Personal Injury Attorney Areas of Practice

Personal injury covers a range of accidents and damages that result in physical, mental, and emotional harm. While auto accidents are the most common, Thompson Law is experienced with all types of personal injury claims, as well as Texas negligence laws.

We can help with the following:

Contact An Experienced Texas Injury Lawyer Today

After your accident, you might feel overwhelmed by stress and obligations. Whether you are dealing with lost wages, emotional distress, physical pain, or all of the above, a Texas car accident lawyer can help.

Remember, we do not collect any compensation until you win. Our legal experts are here 24/7 to assist with your case so you can focus on recovering from your injuries. We are happy to answer any questions during your FREE CASE EVALUATION.

No Win No Fee for Personal Injury Case

Frequently Asked Questions Regarding Negligence Laws

How do you prove negligence?

Negligence is proven by establishing four essential elements under Texas negligence laws. Each of these elements must be demonstrated for a claim to succeed:

  1. Duty of Care: This refers to the obligation a person has to act reasonably and protect others from harm.
    • Example: A driver has a duty to follow traffic laws and ensure the safety of pedestrians and other drivers.
  2. Breach of Duty: A breach occurs when the individual fails to meet their duty of care through their actions or inaction.
    • Example: A business owner neglects to place a “Wet Floor” sign after mopping, creating an unsafe environment.
  3. Causation: Causation links the breach of duty to the harm suffered, showing that the breach directly caused the injury.
    • Example: A reckless driver runs a red light and hits another car, causing injuries to the other driver.
  4. Damages: The injured party must demonstrate actual harm, whether physical, emotional, or financial, resulting from the breach.
    • Example: A person who slips and falls on an unmarked wet floor incurs medical costs and lost wages due to their injury.

What is comparative negligence as it relates to Texas negligence laws?

Comparative negligence is a legal principle applied in personal injury claims to evaluate and divide fault among the parties involved in an accident. The award you receive depends on the degree to which your own negligence brought about the accident and injury.

In the context of Texas law, the state follows a “modified comparative fault” rule, meaning a plaintiff can recover damages only if they are less than 51% at fault. If the plaintiff’s fault is 51% or more, they will not be entitled to any recovery.

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.

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Contact us today for a free, no obligation consultation to discuss your accident, get answers to your questions, and understand your legal options. State law limits the time you have to file a claim after an injury accident, so call today.