Catastrophic injuries: How Texas legally defines negligence

Texas highways are often the scene of serious automobile collisions. When a person suffers catastrophic injuries as a result of a crash, he or she often not only needs emergency medical assistance but assisted-living care in the days and weeks following the incident. In fact, in many cases, accident victims need daily living support for the rest of their lives.

It's understandable that a person who suffers injury because of someone's negligence or reckless driving behavior would want to seek justice in a civil court. The state agrees that defendants who are proved to have been negligent can be held financially accountable for their actions. To be prompted to award compensation for damages in a personal injury case, however, the court must first be convinced that the defendant was indeed negligent and that his or her negligence caused the plaintiff to suffer injury.

Proving negligence can be quite challenging. First, the plaintiff must show that the defendant owed him or her a duty. Every motorist is expected to drive safely, so each driver owes a duty to those with whom he or she shares the road. If a plaintiff can show that a defendant breached his or her duty by being careless and caused him or her to suffer damages because that carelessness, then it may be possible to successfully litigate a personal injury claim.

If a motorist is reading a text message instead of keeping eyes on the road and hands on the wheel, it would definitely be the type of evidence most judges (or juries) are looking for to prove that negligence caused catastrophic injuries. Other cases might be a bit more complex, however, which is why most accident victims hire attorneys to represent them in court. An experienced Texas personal injury attorney knows how to build a strong case and exactly what type of evidence and information is likely to convince a judge or jury that the person or people named as defendants should be held financially accountable for their actions.

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