What is Negligence in Texas?

People have a duty to adhere to a specific standard of conduct in order not to injure or harm other people. When they fail to do so, and someone is injured as a result, this is called negligence.

Negligence refers to any time someone fails to exercise the proper care that would minimize risks to another individual. For example, if a store leaves a wet floor after mopping and fails to put up warning signs, and then a customer slips and falls on the floor and is injured, that would be an example of negligence. Another example is if one runs a red light causing a car accident that would also be considered negligence and may even rise to the level of gross negligence.

When you or a loved one is injured because of the negligence of another person or entity, you have the right to file a claim and be compensated for your injuries and pain and suffering.

How do you prove negligence?

Before proving your negligence case, you should understand that laws regarding negligence can vary by state. One important thing to check is whether your state follows contributory or comparative negligence laws. Listed below is the difference between the two laws:

  • Contributory negligence. There are only four states that follow Pure Contributory Negligence Rules. This law holds that if the injured party contributed to the accident in any way, then they are not entitled to collect a claim or the full amount. This is only followed in the District of Columbia, Maryland, North Carolina, Virginia, and Alabama.
  • Modified comparative negligence. Texas uses the 51% Bar Rule, which means that the injured parties cannot recover a claim if they are found to be 51% or more at fault for the accident. If they are found to be less at fault, they may recover a reduced amount.

Because every accident and personal injury claim is different, it’s recommended that you contact a Texas personal injury attorney if you’re filing a claim. It also helps to understand some of the steps involved in a typical personal injury claim. The five elements that you will have to prove to recover your personal injury claim include the following:

  • Duty. This states that the defendant had a duty to act or not act in a particular way. For example, automobile drivers have a duty to pay attention to the road when driving.
  • Breach of duty. You must be able to prove that the defendant acted or failed to act in a way that was appropriate to the situation.
  • Cause in fact. You must prove that your injury was in fact caused by the defendant’s breach of duty.
  • Proximate cause. This term refers to the action or lack of action by the defendant that was the legal cause of the accident.
  • Damages. You must be able to prove that you suffered actual damages or injuries in order to be compensated.

Contact a personal injury attorney in Texas

Nobody deserves to be harmed or injured because of the negligence of another person or entity. That’s why at DeHoyos Law, we take pride in providing our clients with compassionate and professional legal representation so that they recover the claim amount they deserve. Give us a call at (832) 745-4878 or contact us online for a free consultation with one of our knowledgeable personal injury law attorneys.

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DeHoyos Law Firm
5.0
Based on 155 reviews
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Cierra Mcclain
Cierra Mcclain
14:44 25 Aug 21
They are a great law firm. Ryan did not only kept me informed about what was going on, he also made me feel valued the... entire process. I would most definitely use them again.read more
Xochitl Flores
Xochitl Flores
20:11 05 Aug 21
Grateful Dehoyos helped with my case. Always there to answer any questions and very appreciative that he took care of... what was important to me.read more
Arturo Paredes
Arturo Paredes
19:48 09 Jul 21
Great experience! Thank you DeHoyos for being there to help me and my family with everything. I recommend this firm for... any legal services in the personal injury world. The staff was very nice and helpful and very responsive throughout my case.read more
Courtney Kehler
Courtney Kehler
19:35 25 Jun 21
Upfront and honest. I look forward to continuing working with them. Update! Took 3 years to sort out the mess that is... insurance. I absolutely could not have done this without Ryan as he made it absolutely painless. I never had to deal with creditors or the insurance!! Will be using him for any other legal needs.read more
xavier wheeler
xavier wheeler
21:40 21 May 21
This was honestly the most professional experience I’ve had with a law office. They were very understanding,... responsive, and always kept me in the Loop about what was going on with my case. Ryan is not a dream seller. He keeps it realistic and will be straight up and honest on what he can and can’t do. He and his assistant Ashley are a great team and if i ever got in to a situation like this again he is my go to guy.read more
cassandra barker
cassandra barker
13:10 21 May 21
Im so thankful i went through with DeHoyos Law firm, i was in a horrible car accident almost a year ago, never have i... been in something like this. thankfully to DeHoyos everything came out perfect! more than what i expected would, i also thought cases like this wasn't anything but with them my case was well taken cared of, put all his attention into it and made sure i was taken care of the right way.read more
jadegirl105
jadegirl105
23:05 14 May 21
After my hit and run I was referred to Mr. DeHoyos, and at first I didn't want to hire a lawyer to go up against my own... insurance. After some family convincing and research on Mr. DeHoyos I made the call. I am glad that I did. His office staff and himself were wonderful. They took care of everything from the start. Any time I had a question either his staff or himself reached out to me. I never had to wait long to have any questions answered. At one point there was an issue with an appointment and Mr. DeHoyos tried to rectify the problem himself. When I had the pleasure of speaking with him, he never made it sound like I was an inconvenience to him. They kept me well informed of the next step in the process as we went along. In the end I got more than I expected in my pocket! I can't thank him or his office staff enough for everything they did for me. In one of the worst times I've had his staff and himself were there for me.read more
S t
S t
17:03 07 May 21
I am extremely grateful for this firm's tireless pursuit for justice in my case. They were responsive to all of my... questions and concerns. They provided updates in a timely fashion and I always knew the next step in the process. This firm really takes the time to hear your story and ensure that you receive justice for injuries forced upon you due to the carelessness of someone else. I highly recommend this firm for anyone who has been hurt in an accident. They are definitely different than other personal injury firms.read more
Greg Adams
Greg Adams
16:13 09 Apr 21
Very professional and excellent at letting me know what to expect. Ryan helped me when no one else would and the... insurance company was trying to take advantage of me. I highly recommend Ryan and his team.read more
Jerimy Robinson
Jerimy Robinson
19:13 02 Apr 21
Ryan and his staff were very professional and personable. They resolved my accident case to the best possible outcome.... Would highly recommend.read more
david walker
david walker
19:54 27 Mar 21
My case was fairly simple, but made even easier to deal with by the fact that everything was taken care of over the... phone and through text.This was a huge help considering I live 45 minutes away from his office, everything I wanted out of the case was achieved as then some.Cannot recommend this firm more!read more
Sonia Castro
Sonia Castro
15:12 26 Mar 21
Ryan and his team were very informative and responsive. They did a great job on our case. Ryan is very accessible and... easy to talk to. I would definitely recommend DeHoyos Law if you are injured in a car wreck. These guys set a new standard for accident lawyers.read more
Sanetra Jones
Sanetra Jones
03:37 09 Jan 21
I NEVER NEVER feel compelled to write a review on services or products I buy. So, if you've ever wondered if these... Google reviews are accurate, I can tell you from my experience with Attorney DeHoyos they are. He will fight to make sure you receive everything you deserve. He and his staff are fast and friendly. They keep you up to date on your case with calls and emails. In a field of horses/attorneys, his office is the unicorn! Call him, you won't regret it.read more
L. Minor
L. Minor
15:53 01 Jan 21
My experience with DeHoyos Law firm was a great one. Ryan was already highly recommended by a family member. Sure... enough, this law firm delivered again. Ryan was good to us, and made himself available to us whenever we had any questions. I felt very comfortable with him handling my case. He always kept me in the loop and made sure I understood everything that was going on. His staff is remarkable. Ms Ashley is such a beautiful person. To DeHoyos law firm and staff, Thank you very much for this experience. Hope this year brings you love, joy, and prosperity.read more
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