What is Negligence?
So, what is negligence? It happens when someone doesn’t use reasonable care and that causes harm to another person. For car accidents, this means a driver didn’t act like a careful driver should have in that situation. Because of that, an accident occurred, leading to injuries.
Elements of a Negligence Claim
In Texas, there are certain things that need to be proven to establish a negligence claim:
- Duty of Care: The person who caused the accident had a duty to care for others on the road. Every driver must operate their vehicle safely & follow traffic laws.
- Breach of Duty: This duty gets broken when a driver acts carelessly. Examples include speeding, being distracted while driving, or running a red light.
- Causation: The careless act by the driver directly led to the accident and the injuries suffered by another person.
- Damages: The injured person needs to show actual damages like medical costs, lost wages, or pain & suffering from what happened.
Comparative Negligence in Texas
Texas uses a modified comparative negligence rule. This means that if an injured person is partly at fault for the crash, their compensation might be lowered. But remember—if they’re found to be more than 50% at fault? They can’t get any money for damages.
Statute of Limitations
In Texas, there’s a deadline called the statute of limitations for filing a negligence claim after a car accident. Usually, it’s two years from the day of the crash. That’s why it’s super important to file your claim on time! Otherwise, you might lose your chance to get compensated.
Proving Negligence
To prove negligence, you need to collect certain evidence. Here are some helpful pieces:
- Police Reports: These official documents have critical details about what happened during the accident and who might be at fault.
- Witness Statements: People who saw the accident can give statements that support your side of things.
- Medical Records: Having proof of injuries and treatments helps show how much damage was done.
- Accident Reconstruction: Experts can analyze how everything occurred and clarify who was responsible.
Seeking Legal Help
Navigating all this can be tricky! So, getting help from a personal injury lawyer who knows Texas car accidents is smart. They can explain your rights better, help gather evidence & build a strong case for you.
Understanding negligence claims is super important for all car accident victims in Texas! By knowing what makes up a negligence claim, understanding comparative negligence’s impact, and realizing why timely filing matters, victims can make their way through the legal system better and fight for the compensation they rightfully deserve.