Personal Injury Negligence Claims
Accidents can happen to anyone at any time, on the road, at the store, or even at work. Unfortunately, in many cases, these accidents could have been avoided by taking proper precautions. When people neglect to fix hazardous conditions or drive recklessly, the consequences can be devastating, often resulting in serious injuries or loss of life.
If you or a loved one was injured due to another’s negligence, contact the experienced personal injury attorneys at the Hernandez Law Group, P.C. We can build a case demonstrating that the negligence of an employer, property owner, driver, or other person caused your injuries. We’ll work tirelessly for you and your family.
Understanding Negligence in Texas Personal Injury Law
Negligence describes the failure to behave with the level of care that someone of ordinary prudence would have exercised under the same circumstances. A negligent action can involve carelessness or failing to perform a specific duty or act. For example, it would be negligent for a homeowner to leave broken porch steps unaddressed and fail to warn guests of the danger, which could result in an injury. Other common examples of negligence include:
- A driver accidentally runs a red light
- A nurse forgets to record a patient’s allergy
- A property owner does not replace a damaged board on their porch
What Is Gross Negligence?
Gross negligence is a term used to describe the reckless disregard or extreme indifference to another’s safety. Gross negligence refers to purposeful behavior that endangers the safety and well-being of others. Examples of gross negligence include:
- A driver knowingly blows through a red light when pedestrians are getting ready to enter the crosswalk.
- A doctor prescribes a medication to a patient despite the patient’s record stating that they are allergic to that particular medication.
- A property owner removes rotten wood from their porch but does not replace it, leaving a hole.
Determining whether an action was negligent or grossly negligent is not always straightforward. Personal injury cases are often complex and nuanced, requiring an experienced personal injury attorney to thoroughly review the details and determine whether the case meets the criteria for negligence or gross negligence.
How Negligence Is Proven in Texas Personal Injury Law
If you wish to prove negligence in the state of Texas, your case must meet these criteria:
1. The Defendant Had a Duty of Care to the Plaintiff
The first element of any negligence case is presenting evidence that the defendant owed the plaintiff a legal duty of care. In other words, the plaintiff has to show that their injury would not have occurred had the defendant been acting with proper care.
For example, the owner or manager of a worksite has a duty to their employees to maintain equipment and ensure that workplace conditions are safe.
2. The Defendant Breached Their Duty
The plaintiff must show that the defendant breached their duty of care. To do so, the plaintiff must prove that the defendant could have taken better steps to prevent the accident. Furthermore, the plaintiff must prove that the defendant could reasonably be expected to know what steps they should have taken, but they neglected to do so.
For example, if the owner or manager of a worksite fails to maintain the equipment on the site and a worker is injured due to faulty equipment, the owner or manager could be found negligent.
3. This Breach Was the Cause of the Accident and Injuries
The third element is known as causation. This step involves proving that the defendant’s negligence was a direct cause of the plaintiff’s injuries.
For example, a construction worker is using a crane that isn’t mechanically sound due to improper maintenance. The arm of the crane malfunctions, leading to an accident that injures the operator.
4. The Defendant Owes Damages
If all of the above can be proven, the plaintiff must then demonstrate the damages owed to them. These damages may include:
- Loss of income
- Medical bills (both present and future)
- Pain and suffering
- Mental anguish
- Property damage
- Funeral expenses (in cases of wrongful death)
Proving all four elements of a negligence case can be difficult without the proper legal representation. At the Hernandez Law Group, P.C., our personal injury attorneys have extensive experience proving negligence in a wide variety of personal injury cases. We’ll help you every step of the way.
Understanding Texas Comparative Negligence Laws
Under the Texas Civil Practice and Remedies Code, all cases involving multiple parties that may be considered at fault are examined through the doctrine of modified comparative negligence. Modified comparative negligence, also known as comparative fault, is used to determine proportional responsibility for an accident. It does this by establishing the following:
- A claimant (the injured party) may not recover damages if their percentage of fault is greater than 50%.
- If the claimant’s percentage of fault is not greater than 50%, the claimant is eligible to recover damages, but their award will be reduced by the amount of fault they are responsible for.
Application of Comparative Negligence in Texas Personal Injury Cases
A driver, who was distracted by their cellphone while driving, gets T-boned at an intersection while attempting to turn left. A second driver had sped through a yellow light, hoping to beat it before it turned red. Driver A, who had been distracted by their cellphone, failed to notice the driver barreling through the intersection before beginning their turn.
Driver A, who was driving while distracted, was found to be 25% responsible for the accident. Their total compensation would then be reduced by 25%, as that was their percentage of fault for the accident. Driver A, who could have received $200,000 in damages, receives only $150,000 to cover their percentage of fault.
Would Driver B Be Able To Sue for Compensation?
No. Under Texas state law, if a claimant is found to be more than 50% responsible for an accident, they will not be able to claim any compensation.
What About Insurance Companies? Does Comparative Negligence Work for Insurance Claims as Well?
Technically, the principle of comparative negligence only applies to personal injury lawsuits. However, insurance companies sometimes try to use a more informal version of this law. In comparative negligence, a judge who hears the case and reviews the evidence determines who is at fault and assigns a percentage to each party. However, insurance companies are not subject to the same laws when determining fault and potential settlements.
Instead, an insurance company will look at a case, knowing that there is a good chance it could end up in court, and do its best to cover its bases. Most insurance companies conduct their own investigation of the accident and attempt to apply the comparative negligence law to understand how much the settlement could be. If they find that the insured party is responsible for less than 50% of the accident, they may refuse to pay the injured party for damages. Based on their findings, they may also conclude that their client is only partially at fault and offer a reduced settlement.
Texas Specific Considerations: Comparative Negligence in Practice
While Texas is a modified comparative negligence state, it also follows a doctrine known as proportionate responsibility. This doctrine states that fault should be allocated to all parties involved in the accident, including the plaintiff. The court or the jury will determine each party’s percentage of responsibility based on the evidence presented. This is one of the reasons why having a knowledgeable personal injury attorney on your side is so important. The Hernandez Law Group, P.C., personal injury attorneys can provide evidence that accurately shows what happened in the accident so the fault is divided appropriately.
Common Defenses to Negligence Claims
Of course, another element of negligence cases is disputing the defendant’s claims that they are not liable for any injuries or damages. Common defenses in negligence cases involve the following principles:
- Assumption of risk: The defendant may argue that the plaintiff knowingly accepted the risks associated with the actions they were engaging in.
- The four elements of negligence were not met: The defendant can attempt to disprove one or more of the four elements required to prove negligence.
- The plaintiff bears more than 50% of the fault: The defendant may try to use the modified comparative negligence law to either reduce the settlement or prove that the plaintiff bore more than 50% of the fault.
- Empty chair defense: The defendant claims that a third party, who is not named in the lawsuit, is responsible for the plaintiff’s injuries.
- Avoidable consequences: The defendant argues that the plaintiff failed to take the appropriate steps to mitigate their damages after the injury occurred.
Negligence in Dallas Personal Injury Cases
Negligence and gross negligence are the primary causes of most personal injuries. In fact, many of the actions that the Texas Statutes establish as legal specifically mention that exceptions exist if negligence or gross negligence is involved. Negligence and gross negligence are often cited as the causes of:
- Vehicle crashes
- Work injuries
- Premises liability cases
- Slip and fall accidents
- Nursing home abuse
- Prescription drug errors
- Injuries caused by faulty products
- Food poisoning
Contact Our Experienced Negligence Attorneys
You should never have to suffer from the negligent actions of another. If you or someone you love was hurt or killed due to someone else’s negligence, the personal injury attorneys at the Hernandez Law Group, P.C., are here to help. As one of the 2% of lawyers certified by the Texas Board of Legal Certification in Personal Injury Law, Juan Hernandez is the expert to trust to litigate your case. If you want justice for the accident that derailed your life due to the negligence of another party, contact our team today.