Texas personal injury laws require victims to prove that another party caused their injuries before the victim can recover compensation for their injuries. The legal elements of negligence for a personal injury case are a duty of care, breach of duty, causation, and damages. You must prove each element by a preponderance of the evidence to hold a party financially liable for your injuries and losses.
Proving something by a preponderance of the evidence means it is more likely than not that your allegations are true. For example, you accuse a driver of swerving into your lane and causing a head-on collision. Your evidence must convince a jury that there is more than a 50% chance that the other driver drove into your lane and struck your car.
Causation is one of the most challenging elements to prove in a personal injury case. There are two elements to prove causation—actual cause and proximate cause—and this article will discuss the latter.
What Is Proximate Cause for a Houston Personal Injury Case?
Part of understanding proximate cause in personal injury cases is understanding how it relates to actual cause.
Actual cause is the reason something occurred. In our example above, the actual cause of the car crash is a driver swerving into oncoming traffic. The accident would not have happened if not for the person driving in the wrong lane.
But there could be many reasons something happens, so that is when proximate cause becomes important. Proximate cause is often judged by foreseeability or the substantial factor test and can be more difficult to prove.
Using the substantial factor test, you must determine if a party’s actions were a substantial factor in causing the accident. In our example, driving in the wrong lane is a substantial factor in causing the accident. Driving five miles over the speed limit is a factor that alone may not cause an accident.
Another way to think about proximate cause is that the accident must have been a foreseeable consequence of the action. For example, it is reasonable to foresee that driving in the wrong direction could result in an accident.
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What Does Proximate Cause Look Like in a Personal Injury Case
Determining the proximate cause in a personal injury case can be more complicated than the actual cause. Examples of proximate cause include:
Premises Liability Claim
A tenant is electrocuted when they plug in a kitchen appliance. The city had warned the landlord that the wiring in the apartment was faulty. A jury may agree that the landlord could have reasonably foreseen that someone could be injured if the wiring was not repaired.
Motorcycle Accident
Suppose a driver is texting while driving. They fail to see that traffic has slowed in front of them, and they rear-end a motorcycle. A jury may agree with the rider that it is reasonable to assume texting while driving could lead to a motorcycle accident.
Slip and Fall Accident
A gas station owner notices a leak in their bathroom. They do not repair the leak or place a warning sign about slick floors. A customer slips and falls in the bathroom. Jurors may find the gas station owner liable because they should have foreseen the possibility of an accident.
Proximate cause must be determined based on the unique facts and circumstances. Attorneys carefully analyze the factors involved in your accident to identify the parties who may be liable for your damages. In some instances, more than one party could share liability for your claim.
How Does Comparative Fault Affect Proximate Cause in a Personal Injury Case in Houston, TX?
Texas follows a modified comparative negligence rule. If a victim is more than 50% to blame for causing their injuries, they typically cannot recover damages.
However, injured parties who are 50% or less at fault would usually have their compensation reduced by their percentage of fault. Therefore, if the jury finds that you are 10% to blame, the judge reduces your damages by ten percent.
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What Damages Can I Receive for a Personal Injury Case in Texas?
Personal injury victims in Texas can receive compensation for economic and non-economic damages.
Examples of damages in a personal injury case include:
- Pain and suffering
- Medical bills and expenses
- Mental anguish and emotional distress
- Lost wages and diminished earning capacity
- Impairments and disabilities
- Out-of-pocket expenses
- Scarring and disfigurement
- Diminished quality of life and loss of enjoyment of life
The amount you receive depends on many factors, such as the strength of your evidence, the severity of your injuries, and the amount of your financial losses.
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What Types of Evidence Can Help Prove Proximate Cause?
The evidence used to prove proximate cause and the other legal elements of negligence may include the following:
- Documentary evidence
- Medical records and opinions
- Photographs of the accident scene
- Video of the accident from surveillance cameras, dash cams, and traffic cameras
- Physical evidence
- Testimony and opinions from expert witnesses
- Statements made by the parties involved in the case
- Testimony from eyewitnesses
The type of evidence in your case varies depending on the circumstances. One of the best ways to protect your rights is to work with an experienced Houston personal injury lawyer.
Proximate Cause Is a Critical Part of Your Houston Personal Injury Claim
Proving that another party caused your injuries can be challenging, but a Houston personal injury attorney has the resources to hire experts and investigate the accident to gather evidence. They understand the legal requirements for proving your claim and how to use the evidence in your case to present a compelling argument for liability.
Contact a Houston Personal Injury Lawyer to Help You With Your Claim
For more information, contact the Houston personal injury law firm of Attorney Brian White Personal Injury Lawyers by calling (713) 500-5000.
Attorney Brian White Personal Injury Lawyers – Houston
3120 Southwest Freeway, Suite 350
Houston, TX 77098
Attorney Brian White Personal Injury Lawyers – East Fwy
11811 East Fwy, Suite 630-06
Houston, TX 77029
Attorney Brian White Personal Injury Lawyers – South Loop
2600 S Loop W, Suite 293
Houston, TX 77054
Attorney Brian White Personal Injury Lawyers – Katy Freeway
11511 Katy Fwy Suite 515
Houston, TX 77079
Attorney Brian White Personal Injury Lawyers – Burnet
205 S Pierce St.
Burnet, TX 78611
Attorney Brian White Personal Injury Lawyers – Clear Lake
1300 Bay Area Blvd Suite B268
Houston, TX 77058
Attorney Brian White Personal Injury Lawyers – The Woodlands
1776 Woodstead Ct ste 203,
The Woodlands, TX 77380
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