Your Legal Support System: Negligence Lawyer Austin TX

When faced with legal matters involving negligence, having the right representation is crucial. Negligence cases can be complex and require expertise to navigate effectively. That’s where a negligence lawyer Austin TX, comes in. With their specialized knowledge and experience, they can provide invaluable guidance and support to ensure your rights are protected. Whether you’re dealing with a personal injury claim, property damage, or any other negligence-related issue, our team is here to help you pursue justice and obtain the compensation you deserve.

Negligence in Texas (and most other states and countries) is defined as follows for a jury:

“Negligence” means failure to use ordinary care, that is, failing to do what a person of ordinary prudence would have done under the same or similar circumstances or doing that which a person of ordinary prudence would not have done under the same or similar circumstances.

“Ordinary care” means the degree of care that would be used by a person of ordinary prudence under the same or similar circumstances.

This legalese can be very confusing for a jury and courts have struggled to come up with an easy-to-understand phrasing and the lack of clarity is often taken advantage of defense lawyers who will claim that their client was not negligent when they ran into the back of your car. The clients should gather and present comprehensive evidence to validate their damages claims effectively. To do this, working with an experienced negligence lawyer Austin TX who understands the nuances of proving damages in legal proceedings can significantly strengthen a plaintiff’s case.

So here’s why someone may hit your car and hurt you and yet still be found not to be at fault:

(and get away with it even though you did nothing wrong)

1. The person who hit you had a sudden emergency. For example, they were avoiding a head-on collision with another vehicle, or perhaps a child darted out in front of them.
2. The person who hit you had a heart attack or other illness. If someone has a heart attack and can’t drive, then they are still using ordinary care until the attack occurs. However, if they have a history of heart problems that may be different.
3. The sneeze defense. “I was stopped in stop-and-go traffic, took my foot off the brake as traffic moved forward, sneezed, and accidentally hit the accelerator.” As crazy as this sounds, I’ve heard defense lawyers use it and bragged that they have won cases with it. Remember, the plaintiff has the burden of proving that the driver was not using the same care that another driver under similar circumstances would use.
4. The defendant called the police. Ok, this is not a real defense, but I once lost a case and then asked the jurors why they didn’t vote for my client who was rear-ended by the defendant. The answer shocked me. They thought that someone who called the police after an accident was showing ordinary prudence. Moral of the story: make it clear that ordinary care applies at the point of the collision and not to what was done or not done afterward.

If you can prove the other part was negligent, and there’s no argument you were also at fault, you’re halfway there in proving your case. Now comes the hard part – proving your damages.

Understanding the Law on Comparative Negligence in Texas

In Texas, the legal concept of comparative negligence is used in personal injury cases to determine the degree of fault for each party involved in an accident. Texas follows a modified comparative negligence rule, specifically the 51% bar rule.

Under this rule, the plaintiff can still recover damages but the amount they can recover is reduced by their percentage of fault.  A plaintiff cannot recover damages if they are found to be 51% or more at fault for the accident. If the plaintiff is 50% or less at fault, they can still recover damages even if they are partially at fault.

Remember, the Texas law regarding comparative negligence can be complex and may vary depending on the specific circumstances of each case. Consulting with a qualified negligence lawyer Austin TX who specializes in personal injury law is advisable for individuals involved in such cases.

Contact Negligence Lawyer Austin TX Now!

You can speak to our lawyer immediately by calling us at (512) 246-9191 or completing the form.