How to Prove Fault in a Texas Personal Injury Case: Lessons from a Dallas Attorney

The aftermath of an accident, no matter its cause, is filled with trauma, frustration, and pain. Needless to say, you will have plenty of stressors and various concerns to address without dealing with insurance companies, mounting medical bills, and the potential of lost wages from missing work.

First, know that any personal injury lawsuit hinges on establishing negligence. You may also want to familiarize yourself with key state regulations and guidelines, especially if you intend to file a claim: from reporting an accident in Texas to the statute of limitations for filing (two years from the date of the accident), there are a few essentials. Arguably the most important is how Texas' fault rules may impact a personal injury claim.

In the meantime, please contact our team if you have concerns regarding fault or want to learn more about how Texas law impacts your accident claim.

The Rasansky Law Firm team has worked hard to build our impressive record of success and client confidence over the last three decades. If you've been injured in Texas and need advice on proceeding, please contact our attorneys and staff.

Laws and Rules on Fault in Texas

In Texas, liability is established according to the principle of comparative negligence. When one driver is obviously at fault in a car accident, the other driver's insurance company will often be liable for covering the victim's medical bills, car repairs, lost wages, and other damages. If, however, the plaintiff is found to have contributed in any manner to the accident, the regulations vary somewhat.

According to "modified comparative fault" legislation in Texas, the fault for an accident is split 50/50 between the parties involved. The fault distribution in Texas is often based on each participant's relative degrees of culpability.

In Texas, the court will not award damages to a plaintiff found to be at least 51% at fault.

If you are determined to be more than half responsible for an accident, you will not be compensated in Texas because of its "modified comparative fault" law.

In the case of a $90,000 claim, the defendant would be responsible for just $72,000 if the plaintiff was found to be 20% at fault for their injuries.

After that, a plaintiff must prove a few more things to succeed in a personal injury lawsuit.

Defining a Duty of Care

When it is assumed that the defendant should have taken some action to protect another person's safety, or should have avoided taking any action that may put that other person in danger, then the defendant has a legal responsibility to do so. This is called a "duty of care," and it exists in many contexts, such as between a doctor and a patient, an employer and an employee, or a driver and other road users.

According to Texas law on personal injury, a plaintiff who proves that the defendant owes them a duty of care has a negligence case. Duty, an obligation the defendant was obliged to perform under the law, arises because of the connection or relationship between the plaintiff and the defendant.

Failure to Exercise Due Care

If the court establishes that a "duty of care" exists in Texas, then it must determine whether or not it was breached by behavior that a reasonable person would not have deemed inappropriate under the same or similar circumstances.

As an example, a responsible motorist would never send a text message while behind the wheel. The driver's duty of care to operate their vehicle reasonably safely was breached if the driver was texting at the time of the accident.

Causation in Personal Injury

You have the burden of proving causation if you prove the defendant breached a duty and recover damages.

In the event of a duty breach, the defendant may contend that the breach had little or minimal bearing on the plaintiff's losses. Think of a time when you were harmed because of a slip and fall.

Legal representatives for the defendant may claim that you were not permitted to be in the area where you slipped and fell, even if you can show that someone forgot to properly identify a freshly wiped wet floor or mend a broken tile.

Compensation For Damages in a Tort Case

Last, you must provide evidence of more than the aforementioned. It is not enough that there was a breach of duty and that it resulted in your damages.

The next step is to provide evidence of actual losses equal to the monetary value or total damages sought as compensation for real, imagined, or incurred injuries to the body, mind, or property.

Contact a Dallas Injury Accident Attorney

If you're attempting to cope with the aftermath of an accident in Dallas, it's crucial that you contact a personal injury attorney as soon as possible. It's possible that you'll be able to be paid to assist with your present and future costs.

For almost 30 years, the Rasansky Law Firm in Dallas has been advocating for victims of dog bites, slip and falls, vehicle accidents, and other forms of personal injury. In addition, our team of seasoned and caring attorneys gives our clients sound legal advice. We're prepared to look into the specifics of the incident and assess whether or not you have a case.

If you've been hurt in an accident in Texas and aren't sure what to do next, don't hesitate to give our Dallas personal injury attorneys a call at (214) 651-6100 for a free consultation. You should know that you won't have to pay anything until we win your case and you secure the recompense you're owed.