Texas Negligence Laws Explained

Negligence is an issue that is at the heart of almost every type of personal injury case, but did you know there are many different types of negligence? If you’re pursuing damages for an accident caused by negligence, it is important that you understand the type of negligence you intend to prove occurred. Because, in order for you to receive compensation, you will need to prove beyond a reasonable doubt that your injuries were a direct result of this negligence.

Not familiar with Texas negligence laws? Grimes & Fertitta, personal injury lawyers in Houston and The Woodlands, have created an overview of the more common types of negligence in Texas.

If you have more questions regarding negligence and need help pursuing justice in a personal injury case, call Grimes & Fertitta today at 713-224-7644 for a free consultation. We are an experienced personal injury law firm that values conscientious representation and has earned a reputation for winning negligence cases.

What are the negligence standards in Texas?

According to Texas negligence law, negligence is typically assessed based on a standard of “reasonable care.” This means that the behavior in question is compared to what a reasonably prudent person would do in similar circumstances. To establish negligence, you must demonstrate that the responsible party failed to meet this standard, directly leading to your injury.

However, it’s not always cut-and-dry, and personal injury cases often feature multiple parties’ negligent behavior in combination. In these cases, you still may be owed compensation, because Texas follows a comparative fault system. This system allows for the allocation of fault among multiple parties, and because of it, even if you’re partially responsible for the incident, you may still be entitled to damages.

What elements are needed to prove negligence?

In order to prove negligence, you and your lawyer must prove that the following four main elements of negligence occurred:

1. Duty: The defendant had a duty to act with a standard of care that any average, responsible person could reasonably expect.
2. Breach of duty: The defendant violated or “breached” that duty and failed to provide the applicable standard of care.
3. Cause in fact: The injury was “in fact” caused by the defendant’s breach of duty and failure to provide the applicable standard of care. It is not enough to show that a defendant’s negligence created a condition in which the accident could have occurred.
4. Proximate cause: An average, reasonable person could have foreseen that their breach of duty/failure to provide standard care would cause injury or harm.

Note that clients must also then prove to the court that they were actually harmed by the accident. Some firms, therefore, include injuries or “damages” (physical and/or mental) as a fifth element of a case that requires proof in order to earn compensation.

Types of negligence in Texas

1. Modified comparative negligence

Modified comparative negligence is the standard used in Texas to determine how fault impacts the recovery of damages in personal injury cases. Texas follows the 51% Bar Rule, a type of modified comparative negligence that is used instead of pure comparative negligence or contributory negligence. Here’s a breakdown:

Contributory negligence in Texas

Contributory negligence, also known as pure contributory negligence, is a type of negligence applied by some states that does not allow someone to claim damages if their own actions contributed to their accident and injuries in any way. This type of negligence has become less common as more and more people have realized that it can subject accident victims to a second victimization. Texas no longer recognizes contributory negligence.

Texas comparative negligence

As mentioned above, Texas uses a modified comparative negligence standard known as the 51% Bar Rule. This approach is generally considered fairer than older systems because it allows recovery of damages as long as you are not more than 50% at fault. However, comparative negligence has its own challenges, which is why different states have adopted different versions of this standard:

1. Pure comparative negligence allows people to recover damages even if they are partially at fault. For example, if you’re partly responsible for an accident, you can still claim damages based on your percentage of fault. This system, while fair in theory, can lead to excessive lawsuits as individuals can pursue claims even if they are mostly at fault.
2. Modified Comparative Negligence (50% Bar Rule) allows people to claim damages if they are less than 49% at fault for an accident. Damages are reduced based on their degree of fault. If they are 50% or more at fault, they cannot recover damages.
3. Modified Comparative Negligence (51% Bar Rule) allows recovery if you are 50% or less at fault. Damages are reduced based on your percentage of fault. If you are 51% or more at fault, you cannot recover damages. Texas uses this rule.

2. Vicarious liability

This form of negligence is used when a defendant may be held responsible for the actions of someone else who caused an accident. For example, a parent may be held vicariously liable for the actions of their children if they’re under the age of 18 (children under 7 are legally defined as being incapable of negligence), an employer may be held vicariously liable for the actions of their employee. A pet owner can also be held vicariously liable for the actions of their pet.

3. Gross negligence

Texas gross negligence is a much more serious accusation than negligence alone. To prove that someone is guilty of gross negligence in Texas, you must prove that someone was aware that their actions carried a high probability of extreme risk, but acted anyway with conscious indifference to the consequences.

Common examples used to describe gross negligence include speeding in a car near/through a crowd of pedestrians, a drunk truck driver jack knifing his 18-wheeler and causing an accident, or leaving a patient’s bandages unchanged for several days in a row.

Unlike “standard” negligence, clients may also seek punitive damages (damages meant to punish someone) on top of compensatory damages when charging someone with gross negligence.

4. Criminal negligence

Criminal negligence is used in criminal law, not civil law (and therefore not personal injury law). Nevertheless, criminal negligence is often referenced in popular culture, so it bears explaining here. As defined by section 6.03(d) of the Texas Penal Code, criminal negligence is used to describe a defendant’s potential state of mind when committing a crime.

Specifically, “a person acts with criminal negligence, or is criminally negligent, with respect to circumstances surrounding his conduct or the result of his conduct when he ought to be aware of a substantial and unjustifiable risk that the circumstances exist or the result will occur.”

Why does establishing negligence matter?

In personal injury cases, the burden of proof rests on the shoulders of those bringing suit, and proving negligence is rarely a cut and dry matter. Hearsay alone does not constitute proof and, depending on the defendant, you may be up against a team of trained insurance lawyers whose own clients/employers are pushing for mitigation of losses over helping those who need it.

Hiring a personal injury lawyer who can help you prove negligence is important because it can:

1. Prove fault: Establishing negligence shows who is responsible for the accident or injury.
2. Determine liability: It helps determine which party is legally liable for damages.
3. Affect compensation: It influences the amount of compensation or damages that can be recovered.
4. Support legal claims: It forms the basis for filing a legal claim or lawsuit.
5. Ensure fairness: It ensures that compensation is awarded fairly based on the degree of fault.

Recovering from an injury or loss can be overwhelming. An experienced personal injury attorney, like those at Grimes & Fertitta, can gather evidence, obtain official reports and photos, interview witnesses, and work with experts to build a strong case. They also help navigate personal injury law and protect you from insurance companies.

Learn more: Can you sue an insurance company for taking too long?

Negligence shouldn’t be the end of the story. Get help with Grimes & Fertitta.

Building a strong case takes time, effort, and an in-depth understanding of Texas negligence law. Whether you’re searching for an experienced chemical plant injury law firm, are looking for the best car wreck attorney, or need a workplace injury lawyer in Houston or The Woodlands to fight your employer for accident compensation, Grimes & Fertitta is here to provide you with the strong representation you need.

We aim to get you the maximum compensation possible while providing you with straightforward counsel, care, and peace of mind. We are here for you from consultation to compensation. And we will never treat you like “just another case number.”

To get your case off to a strong start, call us at 713-224-7644 or contact us online today for a free consultation.

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