However, not all car accident lawsuits are successful. To win a car accident lawsuit in Texas, the facts involved in the case must meet fulfil certain elements related to a specific legal concept, negligence. In this post, you’re going to learn more about the elements of negligence. If you can recognize them in the facts surrounding your car accident, call The Law Office of Julie Johnson at 214-290-8001. We’re available 24 hours a day. The first consultation is confidential and free.
Negligence is the legal concept on which Texas car accident lawsuits are based. At its basic level, it means that someone acted in a way that caused another person to suffer from some type of loss. With a car accident, the loss could be a physical injury, medical bills, lost wages, temporary or permanent disability, the need for on-going medical care, damage to the vehicle, and pain and suffering.
The plaintiff must prove that the defendant acted in a negligent manner. To do this, the elements that make up this legal concept must be fulfilled. These elements include:
Legal duty. The defendant must have had a legal duty toward the plaintiff. When it comes to car accidents, some examples of legal duty include following the speed limit, not driving when under the influence of drugs or alcohol, and coming to a complete stop at stop signs and red lights.
Breach of the legal duty. To win a car accident lawsuit in Texas, the defendant must have breached the legal duty they had toward the plaintiff. For example, the defendant was speeding through a residential neighborhood and ran a stop sign.
An injury caused by the breach of legal duty. Continuing with our example, speeding and running a stop sign are certain violations of the legal duty owed to others. However, that on its own isn’t enough. The breach of a legal duty must have caused some kind of injury. For example, when the defendant was speeding and did not come to a stop at a stop sign, they hit the driver’s side of a car who had the right of way in the intersection. The car sustained serious damage, and the driver had whiplash, a concussion, and a broken arm. Before the accident, the car wasn’t damaged and the driver didn’t have whiplash, a concussion, or a broken arm.
The victim has some sort of damages because of what happened. Damages can be to the vehicle or to the body. Damages are some sort of loss of time, money, or ability. The victim wouldn’t have needed those care repairs or a new car. They wouldn’t have these unexpected medical bills. They wouldn’t have missed time at work. They wouldn’t be suffering.
Before we end this post, we want to explain two more additional points about winning a car accident lawsuit. The first is contributory negligence. In Texas, the plaintiff is only eligible for compensation if they are less than 51% responsible for the accident. The actions of both parties will be examined in accordance with Texas law to determine the responsibility of each party.
The second additional point is how long you have to file a car accident lawsuit. If you were involved in a car accident, you only have two years from the date of the accident to file the lawsuit. If you try to file the lawsuit after that time, it is barred by the statute of limitations.
If you have questions about car accident lawsuits in Texas or if you’ve been hurt in a car accident, call the Law Office of Julie Johnson at 214-290-8001. We pride ourselves on helping victims get their lives back.