Negligence in Texas
How Texas laws protect you from others’ mistakes
Injuries that are not your fault
We frequently encounter cases where someone is injured as a result of someone else’s negligence. The injured person can be referred to as a lot of things: Plaintiff, injured party, claimant, etc. The person causing the injury can also be referred to as a lot of things: Defendant, tortfeasor, negligent party, wrongdoer, etc.
Generally speaking, negligence means failing to act as a reasonably careful person would act under the same or similar circumstances.
For example, a person driving faster than everyone else during a rainstorm who loses control of their car and injures someone has likely acted negligently. Reasonably careful drivers—the people the negligent person was passing—were driving slower.
More specifically, Texas defines negligence as the “failure to use ordinary care,” which means “failing to do that which 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 refers to the “degree of care that would be used by a person of ordinary prudence under the same or similar circumstances.” Both of these definitions come from the pattern jury charges (or instructions) that Texas courts use. There can be variations on the above definitions depending on the case, but they are the general rule.
Negligence cases come in almost endless varieties. Additionally, oftentimes cases involve both a negligence claim and other claims (for example, claims created by a statute). The important thing is to know all your options and to select an attorney you can trust.
Cronauer Law aggressively advocates for the rights of our clients who have been injured by someone else’s wrongdoing. We guide clients through the stressful and difficult task of rebuilding their lives after being unjustly injured. Contact Cronauer Law today for a free consultation.
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