If a drunk, drowsy or distracted driver were to get behind the wheel of a car and crash into you, you’d want to hold them accountable for any medical costs that you amassed. You can hold a motorist financially accountable for their negligence under Texas Civil Practice and Remedies Code Section 33.001 through 33.012.
Individuals who’ve been hurt in a car crash in Waco or elsewhere in Texas may be able to recover compensation for their injuries provided that they meet five different conditions.
First, a plaintiff will have to convince the court that the other motorist had a “duty” not to drive while intoxicated, distracted or sleepy. If the injured party can do that, they’ll have to prove that the defendant breached their duty by acting differently from or failing to do what was expected of them.
There must also be a “cause in fact” present. What this essentially means is that a plaintiff must be able to prove that the injuring accident would not have occurred had it not been for the defendant breaching their duty.
A plaintiff must be able to show that there was “proximate cause” as well. The injured motorist may produce data showing a direct correlation between certain at-risk behaviors and injury or fatality rates as a way of proving this.
Plaintiffs must be able to document that they suffered actual harm to qualify to sue someone for negligence.
In Texas, there’s a concept known as “proportionate responsibility”. It’s known as comparative negligence in other jurisdictions. It allows a plaintiff to assume a percentage of responsibility for an injuring crash and related expenses. The remaining blame is then passed on to the defendant.
Understanding the concepts of negligence or liability can be challenging. If you’ve been in an automobile crash and you’re trying to determine whether you have a valid claim for compensation for your injuries, you can consult with a personal injury attorney. Your lawyer can review your case and let you know if you indeed have a valid claim.
Michael Zimmerman
Michael was born in Houston, Texas. His education at Baylor and Texas State Universities earned him a Bachelor of Science degree in 1987. His major was in Biology with a Minor in Chemistry. He finished his legal education at Texas Southern University in 1990, earning a Juris Doctorate from Thurgood Marshall School of Law. He was admitted to the State Bar of Texas in 1990.
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