Texas has comparative negligence. To explain, think of two drivers who collide with one another—and both of them have sustained injuries. Though this isn’t uncommon, there are several questions that you may have:
- Which one can sue the other for their damages?
- If they both committed traffic violations, are neither liable for the other’s injuries?
Texas has comparative negligence because both parties could be responsible to varying degrees. In addition to proving fault, you have to show to what extent the other person was at fault.
After meeting with you and analyzing the accident, your personal injury attorney may argue that the other person caused it. This is important because you cannot collect damages if you are found to be 51{33efa27e9338f88551aa2ba25ffffac68c782f6d03bc44ca8c4ab5be80a31884} or more at fault. For example, if the court concludes that the other driver was 75{33efa27e9338f88551aa2ba25ffffac68c782f6d03bc44ca8c4ab5be80a31884} at fault, you can collect damages because they are responsible for most of the blame. The amount of compensation you receive would be reduced by 25{33efa27e9338f88551aa2ba25ffffac68c782f6d03bc44ca8c4ab5be80a31884}—which is the percentage you contributed to the accident.
Establishing Fault
If comparative negligence is the first step, then the logical next step is to learn how it gets proven. Your attorney will have to show that the defendant (the person you want to get compensation from) had a duty of care. Although duty of care applies to a relationship between a doctor and a patient, it is essential to note that it exists in various other ways. At Beaty Legal, we do not take on medical malpractice cases, yet we still have to prove duty of care. For example:
- The other driver had a duty to drive safely and legally
- Your company had a duty to maintain a safe working environment and mitigate risks
Then you will have to demonstrate how the defendant breached that duty.
- The driver ran a stop sign.
- The employer neglected safety standards.
In addition to showing how they breached their duty, you will have to prove that the breach was the cause of your injuries. Lastly, you must have sustained injuries and damages as a result. Your attorney will play a vital role in determining the extent of your injuries, your lost wages, and permanent disabilities. These could be physical, psychological, or both.
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At Beaty Legal, we are not afraid of taking your case in front of a judge or a jury if that is where it needs to go. Getting you the results you deserve is paramount. Contact us to schedule a free consultation today to discuss your serious injury or wrongful death.
