Negligence plays an important role in causing car accidents and in the outcome of a claim. Understanding negligence in car accidents is important for getting the justice you need and protecting your rights if you’ve been involved in a collision in Texas.
In basic terms, negligence means that someone failed to act reasonably in a situation, which caused an accident and injuries. There’s more to negligence than that, which is what our Rockwall car accident lawyers will explore below.
If you’ve been in a car wreck and need to discuss what happened with knowledgeable attorneys, contact Smith & Lee online or give us a call at (972) 771-2579. Consultations are free and confidential.
What is Negligence in a Texas Car Accident Case?
You may be wondering what negligence is in a car accident and how it affects you. All drivers are expected to use caution and take reasonable care to avoid causing harm. However, when a driver engages in behavior that is considered careless, reckless, or intentionally malicious, it is considered negligence.
Negligence can look like a reckless action or a lack of action, and it puts others at risk of injury as a result.Â
What Is “Negligence Per Se”?
Negligence per se is used when a driver violates a law and causes injury to others as a result.
For example, speeding, drunk driving, and other such actions are examples that directly go against a specific law and are automatically considered negligent behavior.
As a result, victims do not have to demonstrate that the other driver was negligent because it is already recognized.
What Are the Four Essential Elements of a Negligence Claim?
There are four elements of negligence in Texas that, when met, demonstrate that another party was at fault. They are:
- Duty of care
- Breach of duty
- Causation
- Damages
The burden is on victims after an accident to provide evidence to demonstrate and satisfy each one of these parts. The purpose of establishing negligence in a case is to connect the at-fault party’s actions to your losses and ensure it is recognized as a fact in your case. Establishing negligence allows you to recover compensation.
Defining the Duty of Care for Texas Drivers
It is important to understand the duty of care while driving because it forms the foundation of building a negligence case. Duty of care refers to a driver’s responsibility for driver safety. This includes following the rules of the road, exercising caution, remaining alert to surroundings, and driving defensively.
A driver’s duty of care is what is expected of drivers, and provides the measuring stick by which a driver’s actions are measured against when they cause an accident.Â
Breach of Duty: Identifying Negligent Actions on the Road
After defining the duty of care in a car accident, you must also establish that the other driver breached their duty to you. This means that they either engaged in unsafe driving behaviors or failed to take the steps required of them as responsible motorists.
A car accident lawyer can help you investigate and gather evidence to determine and demonstrate what actions the other driver took that violated their duty to you. This step focuses on comparing and contrasting responsibilities with behavior.Â
Causation and Damages: Linking the Accident to Your Injuries
While the first two steps set the stage for arguing negligence, the final two of the four elements of negligence in Texas are about linking the other party’s actions to the accident that caused your injuries.Â
Causation establishes that the accident would not have occurred if the driver had not acted negligently and breached their duty. As a result, the other driver caused damages that included injuries and a variety of other losses. When their fault is shown, the driver is responsible for paying for those damages.Â
Common Examples of Driver Negligence in Texas
There are several factors that can contribute to accidents throughout the state, and they carry the potential to cause severe harm during a collision. Some common examples of negligence in a car accident can include:Â
- Distracted driving
- Speeding, tailgating, and reckless or aggressive driving
- Driving under the influence of drugs or alcohol
- Failure to yield, obey traffic signals, use turn signals, or follow other rules of the road
- Driving while exhausted
These factors can affect a driver’s ability to react and avoid collisions, which can influence the severity of a crash and the extent of its outcome. After an accident, the specific form of negligence will be investigated during the claim process to ensure that all legal and compensatory actions are executed according to the circumstances of the accident.
Texas Proportionate Responsibility and Fault in Car Wrecks
Many car accidents are the result of negligence and are avoidable. Since negligent behaviors are a common factor in accidents, understanding whose actions contributed to a crash is essential.
Multiple At-Fault Parties in a Car Accident
While an accident can be caused by the actions of one driver, collisions can also be caused by the joint actions of separate drivers. This means you could be the victim of an accident caused by two different parties, or you could share responsibility for a collision.Â
State law accounts for what negligence is in a car accident when more than one party is involved. According to the Texas modified comparative negligence law (Texas Civil Practice and Remedies Code – Chapter 33), each party’s fault is evaluated after an accident to determine and assign a percentage to each party that represents their contribution to the collision. This percentage dictates who may recover compensation and how much they may receive.Â
Can I Still Get Money If the Car Wreck Was Partially My Fault in Texas?
Yes. When a party is 50% or less at fault, they can recover damages in proportion to their level of fault. However, if a party is 51% or more at fault, they are not entitled to recover compensation for any injuries or other losses that they have sustained. This is known as the “51% bar” rule.
For example, if you were 15% at fault and your damages are worth $100,000, then the value of your settlement would be reduced by 15%, and you would be eligible to receive $85,000 instead. While you can recover damages even if you are 50% at fault, this example highlights how much compensation a small amount of fault can cost you.Â
Disputes Over Blame Can Cost You Thousands of Dollars After a Crash
Navigating this process can be difficult. Insurance companies and other parties may want to shift the blame to you in order to reduce payouts. This is why it is so important to hire a car wreck lawyer to help you secure as much compensation as possible.
How to Prove Fault and Protect Your Right to Compensation
To establish the other driver’s fault for the accident and protect your right to compensation, you must gather evidence of their wrongdoing and submit it along with your claim.
Who Determines Fault in a Car Accident?
After a car accident, police at the scene generally investigate the collision and make a determination of who is at fault for the accident. When filing your claim, the insurance company reviews a copy of the police report along with other evidence to see who’s at fault.
However, police reports and insurance adjusters may not always make accurate determinations, so a car accident attorney can also investigate the accident and discover who’s at fault. Juries can also determine fault if a case goes to court.Â
How Can a Car Wreck Attorney Help with My Case?
With the evidence you’ve gathered, you must satisfy all four elements of negligence so it is clear who is at fault for the accident. A car accident lawyer can guide you through this process and make sure you have what you need to successfully resolve your case.Â
Insurance companies want to avoid paying out more than necessary for an accident, and one of their tactics may be to claim that you were negligent. Smith & Lee is aware of this and will do right by you. We will protect your rights and communicate and negotiate for you during your case.Â
Contact Smith & Lee to Help You Navigate Negligence After a Car Wreck
Negligence after an accident can be confusing and worrisome if you feel like you contributed to the collision. Smith & Lee give you an ally in navigating this process and protecting your rights. We can help you hold at-fault parties accountable, as well as navigate Texas’s modified comparative negligence laws to help you secure the most favorable outcome in your case.Â
To schedule a free consultation with our team, contact our law offices online or give us a call at (972) 771-2579.