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November 29, 2022

Texas Negligence Laws

Accidents can happen, and sometimes, it’s no one’s fault. You might not have seen a deer jumping out at your car, you might have tripped on a hole in the ground, or your hand may have slipped while cutting vegetables. Often, these accidents are minor.

However, some accidents may not be so simple. You might even have reason to believe that someone else caused your injury, and if so, that person should be held responsible for it.

Texas negligence laws can be complicated, so make sure you have a personal injury lawyer from Crain Brogdon, LLP. to help you when you’re in a situation like this. Our attorneys understand how difficult seeking out an accident claim can be, so we want to help you understand Texas negligence laws before you begin.

Responsibility for an Accident

When an accident happens, knowing the circumstances of the incident and the other parties responsible will be important. Whether other people are making an effort to protect your safety will also be important. We all have a duty of care to the people around us, which means that you should take reasonable action to stop an accident. You can’t be Superman, but you can watch the road when you’re driving.

However, some people might act against that duty of care and instead act negligently and hurt others. For example, if you’re inviting people onto your property, you have a duty to make sure your property is safe. If your property isn’t made safe, you might be found negligent.

When you believe you’ve been injured by someone else’s negligence, you’ll need to find the person responsible for the accident. A lawyer can help you determine whether they were careless with your safety and whether you’re entitled to compensation for your damages.  

Your Claim Could Be Reduced

Unfortunately, Texas negligence laws can also hurt your claim. Texas also recognizes modified comparative negligence, which means your part in the accident will also be considered. Your compensation may be reduced by how at fault you were found, too.

For example, you might have slipped and fallen in a store because they didn’t put out a “wet floor” sign. However, at the time, you were texting while you were walking, not paying attention to where you stepped. If you don’t fight back, the defense may claim you were 20 percent at fault (for example), and they may succeed in having your compensation reduced by that amount.

If they do, you can expect a reduction of 20 percent for your compensation. That means you’ll be left with only 80 percent of the compensation you should have received for the accident. Worse, if you’re found more than 51 percent at fault for your claim, you might be barred from recovery in Texas, leaving you without the compensation you need.  

Fight Back When Someone Is Negligent

When you’re injured by someone else’s negligence, it’s important to understand what they owe you for their carelessness. Unfortunately, your own actions can be used against you, meaning that you might lose some or all of the compensation you deserve.

That’s why it’s important to fight back with the help of an injury lawyer from Crain Brogdon, LLP.. Your attorney can look over your claim, starting with a free review, and help you find who’s at fault and how much you’re owed. When someone else harms you, reach out for help by calling 214-522-9404 or by filling out the online form below.

Attorney Quentin Brogdon

Attorney Quentin BrogdonQuentin Brogdon has over thirty years of experience and expertise in the field of personal injury trial law. He is board certified in both personal injury trial law and civil trial advocacy. Quentin has received an AV rating from Martindale-Hubbell, the highest possible rating. This rating reflects an attorney’s ethics and abilities according to reviews from fellow attorneys. [ Attorney Bio ]