Negligence is a cornerstone of personal injury law in Texas. It’s the basis upon which most injury claims are built, yet it’s often misunderstood. To recover compensation after an accident, an injured person must typically prove that another party’s negligence caused their injuries. Understanding how Texas law defines negligence can help clarify what victims must show to win their cases.

What Is Negligence Under Texas Law?

Negligence in Texas occurs when someone fails to exercise reasonable care, resulting in harm to another person. “Reasonable care” refers to how a prudent person would act under similar circumstances. If someone acts carelessly or fails to act when they should have, and that conduct causes injury, they can be held legally responsible.

The Four Elements of Negligence

To establish negligence in a Texas personal injury case, four key elements must be proven:

1. Duty of Care – The defendant must have had a legal duty to act (or refrain from acting) in a certain way toward the injured person. For example, drivers have a duty to obey traffic laws and avoid endangering others.
2. Breach of Duty – The defendant must have violated that duty through an act or omission. Running a red light, failing to maintain property, or ignoring safety regulations are common examples.
3. Causation – The plaintiff must prove that the defendant’s actions directly caused the injury. Texas courts look at both cause-in-fact (“but for” the defendant’s conduct, the injury would not have occurred) and proximate cause (the injury was a foreseeable result).
4. Damages – Finally, the plaintiff must show actual losses, such as medical expenses, lost income, or pain and suffering.

Comparative Negligence in Texas

Texas follows a modified comparative negligence rule. This means that even if you are partially at fault for your injury, you may still recover damages—so long as your fault does not exceed 50%. However, your recovery will be reduced by your percentage of fault. For example, if you are found 20% responsible, your compensation will be reduced by 20%.

Why Legal Guidance Matters

Proving negligence involves collecting evidence, analyzing laws, and presenting a convincing case. Insurance companies often try to minimize payouts by disputing fault or damages. Having an attorney who understands Texas negligence law can make a significant difference in securing fair compensation.

At The Major Law Firm Injury and Accident Attorneys, we can provide legal assistance to the San Antonio public. We work to hold negligent parties accountable and help injury victims recover the compensation they deserve.