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How Do Texas Negligence Laws Work?

  • If you’re injured and in need of compensation, you might pursue a personal injury claim based on the other person’s negligence, which caused your injuries. But what does negligence mean in Texas law, and how will it affect your case?

    Every state handles negligence differently, so you’ll need help with Texas’ state-specific laws before you begin your case. This will help you determine who’s responsible for your injuries and get the full compensation you deserve.

    If you’re considering filing a personal injury claim, be sure you understand the Texas negligence laws that will affect your case. Otherwise, you could be left with diminished compensation or no compensation at all.


    What Is Negligence?

    First, negligence is based on the idea that we all have a basic responsibility to avoid harming others. While harm isn’t always avoidable, everyone is expected to take the steps they can to avoid causing harm to the people around them. Negligence occurs when you fail to take these steps.

    For example, if you’re behind the wheel of a car, you have a responsibility to drive with care, avoid speeding, and otherwise act safely for the sake of those around you. While you might not be able to avoid an accident if your tire blows out, for example, you have a duty of care in countless other situations.

    When people don’t act with the care they should, they’re responsible for the injuries they cause. Acting carelessly could leave others in critical condition, and the negligent party should be held responsible when that happens.


    Your Own Negligence Will Matter

    Most accidents are caused by a series of issues, and one of those issues might have been your actions. Unfortunately, being injured doesn’t mean you’ll be safe from being held responsible for your part in the accident.

    For example, let’s say you were on the road and a drunk driver hit you. Unfortunately, you were talking on your phone, so you couldn’t move quickly enough to avoid the accident. While you didn’t cause the accident, you were partly responsible for it.

    This can hurt your case. Texas’ “modified comparative negligence” law means that you’ll have your compensation reduced by the percentage of fault put on you. For example, if you were found 20 percent at fault, you’d only be able to receive 80 percent of your compensation. If you’re found more than 50 percent at fault, your claim will be dismissed, and you’ll be barred from recovering any compensation.  


    An Attorney Can Guide You

    If you’re in need of compensation, Texas negligence laws can greatly affect the amount of compensation you receive—or whether you receive any at all. It’s unfortunate, but many people who seek compensation without legal help get less than they deserve.

    Don’t let yourself end up in such a difficult position. Instead, contact a lawyer from the Colley Firm, PC. To get started with a free consultation, reach out by calling 512-477-2001 or visiting our website.