Imagine sitting at a stop sign, and another driver rear-ends your vehicle. In this type of accident, liability may seem relatively simple: the driver in the rear failed to stop, and their negligence caused your injuries and vehicle damage.
However, not all Texas car accident cases are so straightforward. Many accidents involve multiple at-fault parties, and determining automobile negligence can be complicated.
If you were in an accident recently, contact a Texas car accident attorney at Francis Injury Car & Truck Accident Lawyers to determine if someone else’s negligence makes them liable for your injuries.
Understanding Automobile Negligence in Texas
Negligence, including motor vehicle accidents, is a key concept in personal injury law. While many people consider negligence careless or reckless behavior, Texas law has a precise definition. Automobile negligence occurs when:
- A Duty of Care Exists: Drivers owe a duty to operate their vehicles in a reasonably safe manner, such as stopping at red lights or yielding when required.
- The Duty of Care Is Breached: A breach occurs when a driver fails to act responsibly, such as running a red light or texting while driving.
- The Breach Causes Damages: The breach must directly result in injuries or damages, such as medical bills, lost wages, or pain and suffering.
For example, if an intoxicated driver runs a red light and hits your car, breaking your arm, they violated their duty of care, and their negligence caused your injury. This would form the basis of a valid personal injury claim.
However, if the same driver ran a red light but missed hitting you, no damages occurred so that no claim could be filed.
Comparative Negligence in Texas
Texas follows a modified comparative negligence standard outlined in the Texas Civil Practice and Remedies Code § 33.001. This rule allows you to recover damages in an accident case even if you are partially at fault, as long as your share of fault does not exceed 50%. This is commonly referred to as the 51% bar rule.
Here’s how comparative negligence works:
- If you are found partially responsible for the accident, your compensation will be reduced by your percentage of fault. For instance, if you were 20% at fault for an accident and sustained $10,000 in damages, you would receive $8,000 (80% of the total).
- If you are 51% or more at fault, you cannot recover compensation.
Let’s consider an example:
A drunk driver runs a stop sign and crashes into your vehicle, breaking your leg. However, evidence shows you were speeding during the collision, and a jury assigns you 30% of the blame. If your total damages are $50,000, you would receive $35,000 after the reduction for your fault.
This rule helps ensure that fault is allocated fairly among all parties involved in a motor vehicle accident. A skilled car accident lawyer can help protect your rights and minimize any allegations of shared responsibility.
Burden of Proof for Negligence in Texas
To succeed in a car accident claim, you must prove negligence by a preponderance of the evidence. This means showing it is more likely than not (a greater than 50% chance) that the other party caused your injuries.
Evidence that may help prove negligence includes:
- Police reports
- Eyewitness statements
- Photos of the accident scene
- Surveillance footage
- Expert testimony, such as accident reconstruction analysis
In Texas, at least 10 out of 12 jurors must agree to reach a verdict in a personal injury lawsuit. This makes having a strong case and experienced legal representation even more critical.
Gross Negligence in Texas
Sometimes, a driver’s behavior may go beyond ordinary negligence and be classified as gross negligence. Gross negligence involves extreme recklessness or a willful disregard for the safety of others. If gross negligence is proven, you may be entitled to punitive damages designed to punish the at-fault party and deter similar behavior.
Examples of gross negligence in car accidents include:
- Drunk Driving: Operating a motor vehicle with a blood alcohol concentration well above the legal limit demonstrates a blatant disregard for safety.
- Street Racing: Racing on public roads puts everyone at risk and shows a reckless disregard for the law.
- Distracted Driving: Texting or using a smartphone while driving, especially in high-traffic areas, may qualify as gross negligence if it results in an accident.
Punitive damages are awarded in addition to compensation for medical bills, pain and suffering, lost wages, and other losses.
Why Hire a Texas Car Accident Lawyer
Dealing with automobile negligence, comparative negligence, and gross negligence after an auto accident can be overwhelming. A knowledgeable injury attorney can assist by:
- Investigating the accident and collecting evidence, such as police reports and eyewitness accounts.
- Establishing the other party’s breach of duty of care and liability.
- Handling negotiations with insurance companies to secure fair compensation.
- Representing you in court if the insurance company does not offer a fair settlement.
Contact The Francis Firm Today
If you were injured in a car crash caused by another driver’s negligence, you may be entitled to compensation for your past and future medical bills, lost income, and pain and suffering. The experienced trial attorneys at the Francis Injury law firm are here to help. We work on a contingency fee basis, so you don’t pay unless we win your case.
Contact us today for a free consultation to learn how we can help you hold negligent drivers accountable and recover the compensation you deserve. Call 817-329-9001 or speak with an attorney online.