What is negligence? When you are injured in an accident, you will need medical treatment, you may lose time from work and you may have pain and physical limitations. Who is responsible for these expenses?
Your personal injury attorney’s job is to assist you in recovering damages to cover your loses. They will investigate how the accident occurred to cause your injuries. They will find if a party’s negligence caused the accident.
What is Negligence
For instance, if you were stopped at a signal light and the driver behind you fails to stop. He crashes into the back of your car. The accident happened through his negligence. He could have been traveling too fast and was unable to stop. He might not have been paying attention. Or, his breaks could have been defective.
Any one of these actions establish that he was negligent. If he would have been traveling at the proper speed the accident would not have happened. The same is true with the other elements.
Another example occurs when your neighbor lets his dog run lose. The dog bites your child and causes damage. Your neighbor was negligent by allowing his dog to roam free.
A third example would be a store that has a leak that makes their floors slippery. If they fail to post a notice and you slip on the floor, your fall occurred because of their negligence.
Negligence in Texas
Texas uses a theory of comparative negligence. When a party’s negligence causes and accident, we look at what percentage of their negligence caused the accident. It could be 100% like in the example of a car rear ending you. Or, is there are multiple causes, each is responsible for a percentage of the liability.
If you have been injured and you believe that someone else caused your injuries, reach out to your lawyer right away. They will explain what is negligence and how it can help pay for your damages.