If you are driving along a Texas roadway and another vehicle hits you, the implications of the collision can affect all aspects of your life. If you suffer injuries, your ability to achieve a full recovery may hinge upon the type of medical care and post-collision treatments you receive. If your injuries are moderate to severe or life-threatening, the recovery process could take months or longer. If driver negligence was a causal factor in the collision, state law allows you to file a personal injury claim in civil court.
For a judge or jury to award compensation for damages, you must convince them that five elements exist in your case. This type of litigation is often complex and emotionally distressing since you must publicly reveal the details in court. Most plaintiffs find it much less stressful to rely on a personal advocate to present their case rather than trying to represent themselves in a court of law.
Proving negligence in a personal injury claim
While state laws may vary slightly regarding issues such as comparative or contributory negligence, most states operate under guidelines that include the five elements shown in the following list to prove negligence in a personal injury claim:
- The defendant owed a duty of care to the plaintiff.
- The breach of duty was due to failure to act or not act in a certain way.
- The breach of duty was a direct cause of the injuries that occurred.
- The plaintiff demonstrates proximate cause, proving that a reasonable person would have known how to avoid the negligence that was directly related to the damages that occurred.
- Compensable damages occurred because of the defendant’s negligence.
In Texas, if the court determines that you were more than 50% responsible for the collision that took place, you will not have a right to restitution. However, if you are less than 50% culpable, you can still recover damages, although the amount may be less than the maximum allowed under the state’s personal injury laws.
A Texas collision can spark financial disaster
If another driver hits you, your vehicle might be beyond repair. Your injuries might require an extended stay in a hospital, as well as continued time off work during at-home recovery after your release. You might need physical therapy or in-home nursing assistance, especially if you suffered a brain or spinal cord injury in the collision.
Obtaining quality medical care while being unable to work can cause severe financial distress. Why should you struggle to make ends meet when another Texas driver’s negligence was responsible for the collision that resulted in your injuries? If evidence exists to prove the five elements of negligence, the court can hold the person responsible accountable for damages.