When a person fails to act in a way that’s reasonable, safe or meets an expected degree of care, the behavior is termed negligent. In a car accident, negligence is often the determining factor regarding fault – the person who acted negligently most likely will be held liable for damages according to Texas negligence laws.
For the most part, negligence, as it relates to car accidents, is the same across state lines. Any time a traffic law is violated, or a person behaves in a manner that clearly endangers others or obviously is unsafe or unreasonable, negligence is committed. Examples of negligence while driving that may lead to a car accident, including the following behaviours listed below.
If a driver does any of the above, and if those actions cause an accident, then the driver will be liable for damages.
Proving negligence requires understanding and establishing multiple components. First, you will have to prove that the defendant had a duty to you – for car accidents, this duty is implied. Second, you will have to prove that the defendant breached his or her duty, i.e., the defendant did something irresponsible, such as one of the dangerous behaviors listed above.
To recover damages, you’ll then have to prove that the negligent behavior was the cause of your accident and your injuries.
Comparative negligence is a term that most states use to discuss what happens when more than one party is at fault or acted negligently. In Texas, Civil Practice and Remedies Code, Chapter 33 – Proportionate Responsibility, speaks to this. The statute states that a person cannot recover damages if their proportion of fault is greater than 50 percent. What’s more, the law also states that a person’s amount of damages to be recovered will be reduced by a “percentage equal to the claimant’s percentage of responsibility.”
Proving negligence is a key part of recovering damages. But proving that the other driver was doing something dangerous at the time of the accident — which led to or caused the accident — can be complicated, especially if you’re injured. The attorneys at the Law Office Julie Johnson, PLLC can help you get the benefits you need by proving negligence and filing a claim. Remember, all personal injury claims must be filed within two years in Texas, so you need to act quickly. Take action now by calling us today at 214-290-8001 or by contacting us online.