When you look at the personal injury section of our website, you will see that Beaty Legal, PLLC covers a variety of cases. These range from wrongful deaths, defective products, and premises liability. Regardless of the type of case, winning your claim comes down to whether the other party was negligent. To take it one step further, we need to clarify that “negligence” is a broad term made up of five different components. Though we will explain what they are in the following section, here is what they are:
- Duty
- Breach of duty
- Cause in fact
- Proximate Cause
- Damages
How These Apply to Your Case
The Texas Department of Transportation releases crash statistics each year, and by reading them you can get a feel for how common they are. For instance, during the calendar year of 2021, there was one reportable crash every 57 seconds. One person was injured every two minutes and twelve seconds. Because of their frequency, we will use the following example to elaborate on how the five elements of negligence connect to it: You are driving a car, and a drunk driver runs a red light. Although you will recover fully, you have significant hospital bills with follow-on visits and will miss several months of work.
The first question is whether the other driver had a duty to care for you. In Texas, the driver not only has a duty of care to other cars but to the passengers they are transporting and pedestrians. They are required to observe any applicable laws and not drive recklessly. This could come from speeding, texting, or driving under the influence of drugs or alcohol. Because the other driver had been drinking, they breached their duty. Your attorney will likely obtain police reports and blood alcohol tests to prove the breach occurred.
Even if the person was legally intoxicated, your attorney must show that their actions led to your injuries. That should not be confused with “proximate cause.” Proximate cause speaks to how a reasonable person would have known their actions could lead to negative consequences.
Lastly, because you are seeking financial compensation, there must be physical, financial, or emotional damages resulting from the accident. In this case, the driver lost time at work, received medical care, and suffered injuries.
Get in Contact with a Personal Injury Attorney
We are in the business of helping people and resolving problems. If you have been injured, bring your case to us so we can learn more about you and it. We can discuss any risks and possible rewards associated with your case. Because our goal is to support you, we will never waste your time or your money. Contact our office today to schedule a consultation with Beaty Legal, PLLC.
