TALK TO AN ATTORNEY 214.665.6930
For the defense you deserve.

Negligence Laws in Texas

Negligence is when another person or party fails to observe an expected standard of care towards you or other persons. When this failure results in an injury to your person, you can file a personal injury claim. A personal injury lawyer can help you file the claim and recover compensatory damages.

Before you actually recoup damages, you will need to prove the negligence of the at-fault party. Negligence may be easy in some Texas personal injury cases. In others, the issues of liability and negligence can become quite complicated.

Here is a look at the key negligence laws that apply to personal injury cases in Texas. This information will help you steer your claim in the right direction.

Elements of Negligence

In order to establish the negligence of the other party, you will need to prove the following five elements of negligence:

  • Duty of Care – You must prove that the liable party owed you a duty of care. The duty of care is the expected way in which the other person should have acted. A driver on the road, for instance, is expected to drive within posted speed limits and observe other traffic rules.
  • Breach of Duty of Care – When a person fails to observe an expected duty of care, this constitutes a breach. A driver who speeds above the posted limit, for instance, is breaching the duty of care. Similarly, a doctor who prescribes the wrong medication is guilty of a similar breach.
  • Cause in Fact – You must show that the negligent party’s actions were the actual and direct cause of your injuries. A simple way of showing this is to prove that your injuries would not have occurred if not for the actions (or inactions) of the negligent party.
  • Proximate Cause – Proximate cause is proved when you show that it was clear to the negligent person that their actions would cause the injury. Any driver should know that drunk driving, or texting while driving, can cause accidents and injuries.
  • Damages – You can pursue a claim only if the negligent actions of another party resulted in actual damages. These damages may be in the form of the medical costs of an injury, vehicle repair or replacement costs, lost wages, pain and suffering, and more.

Proportionate Responsibility

Most states, including Texas, use some form of a comparative negligence rule. This rule allows the legal system to assign a specific percentage of fault to all the parties involved. You can then recover compensatory damages in proportion to your percentage of innocence.

The good thing about comparative negligence is that you can recover compensation even if you were partly at fault. For instance, suppose the court finds you 30% at fault and the other party 70% at fault. Your compensation will be reduced by 30% but you will still receive the remaining 70% of the damages.

Texas Civil Code Section 33.001 defines the proportionate responsibility rule. This is a specific form of comparative negligence. Under this rule, you will receive compensation only if your percentage of fault is 49% or less. If you are found 50% or more at fault, you will not be entitled to any compensation.

How Can a Personal Injury Attorney Help?

If you have been involved in a personal injury incident in Dallas, it is important to know your rights. A qualified attorney can help you explore your legal options and seek the maximum amount of damages for your losses.

Here at Chris Lewis & Associates P.C., we have extensive experience in handling personal injury claims. Our goal is to help you get compensation for any losses you have suffered due to the negligence of another party.

Call us now at 214-665-6930 to discuss your claim with our lawyers. You can also reach us by filling out the contact form below.


* All Fields Required