# Understanding the Reasonable Person Standard in Negligence Cases | Attorney Brian White **Table of Contents***[*Expand*]* 1. What are the Legal Elements of a Negligence Claim? 2. What is the Reasonable Person Standard? 3. The Next Steps – Causation and Damages  4. Personal Injury Cases Involving Negligence and the Reasonable Person Standard 5. Contact the Houston Personal Injury Lawyers at Attorney Brian White Personal Injury Lawyers For Help ![Understanding The "Reasonable Person" Standard in Negligence Cases](https://attorneybrianwhite.com/wp-content/uploads/2021/06/Understanding-The-Reasonable-Person-Standard-in-Negligence-Cases-300x200.jpg) Most personal injury cases are based on [negligence](https://attorneybrianwhite.com/faqs/what-is-negligence/) [claims](https://attorneybrianwhite.com/blog/claim-vs-lawsuit/). You must prove each of the elements of a negligence claim to win your case. One of those legal elements involves the “reasonable person” standard, which can be confusing and frustrating for accident victims. ## What are the Legal Elements of a Negligence Claim? There are four legal elements required to prove a [negligence](https://www.law.cornell.edu/wex/negligence) claim. Those four elements are: - **DUTY** — The negligent party owed the victim a duty of care. For example, drivers owe a duty of care to operate their motor vehicle safely. - **[BREACH OF DUTY](https://attorneybrianwhite.com/faqs/what-is-a-breach-of-duty/)** — The negligent party breached the duty of care, such as when a driver failed to follow traffic laws. - **[CAUSATION](https://attorneybrianwhite.com/faqs/what-is-causation-in-a-personal-injury-case/)** — The breach of duty caused the accident and injuries, such as when a driver causes a crash because they failed to yield the right of way. - **[DAMAGES](https://attorneybrianwhite.com/blog/types-of-damages-available-in-personal-injury-cases/)** — The victim sustained damages because of the at-fault party’s negligent conduct. Damages in a personal injury case may include [economic](https://attorneybrianwhite.com/faqs/what-are-economic-damages/) and [non-economic](https://attorneybrianwhite.com/faqs/what-are-non-economic-damages-in-texas/) damages. Through these damages, an injured party may receive compensation for their [lost wages](https://attorneybrianwhite.com/faqs/can-i-be-reimbursed-for-lost-wages-after-a-car-accident/), medical bills, [pain and suffering](https://attorneybrianwhite.com/faqs/how-are-pain-and-suffering-damages-calculated/), and more. The “reasonable person” standard is used to decide whether a person breached the duty of care owed to the victim. For a legal consultation call [(713) 500-5000](tel:+17135005000) ## What is the Reasonable Person Standard? A [reasonable person](https://www.law.cornell.edu/wex/reasonable_person) is a hypothetical person who is prudent and acts with care and common sense in all situations. The person considers the risks of certain situations or behaviors and acts with the appropriate level of care. In a negligence case, a jury will analyze whether the defendant behaved like a reasonable person under the circumstances. The [defendant](https://attorneybrianwhite.com/resources/defendants-in-personal-injury-claims/) breached their duty if they did not act like a reasonable person would have acted in the same situation. For example, would a reasonable person speed while driving? The jury listens to the testimony and evidence presented during the trial. If a reasonable person could not have foreseen that their actions would result in harm to another person, the jury might find that the [defendant](https://attorneybrianwhite.com/resources/defendants-in-personal-injury-claims/) was not negligent. However, suppose the jury determines that the defendant could have reasonably foreseen that their conduct could cause harm to another person. In that case, the jury may find the defendant breached the duty of care by not acting reasonably.  Children are often exempted from the reasonable man standard. Children are not mature enough to understand the consequences of their actions. However, a judge could instruct the jury to judge the child’s behavior based on a child of similar age and maturity.  ## The Next Steps – Causation and Damages  Proving that the defendant failed to act like a reasonable person is not sufficient for proving your [negligence claim](https://attorneybrianwhite.com/faqs/what-is-negligence/). You must link the breach of care to the injury and damages.  For example, you might show a driver was traveling ten mph over the posted speed limit when an accident occurred. Failing to follow the speed limit could be considered a breach of duty since the driver was breaking traffic laws. However, say the other driver involved in the crash ran a stop sign and pulled into the path of the speeding driver. Although the speeding driver may have breached the duty of care, his actions did not cause the accident. In this example, the other driver’s failure to [yield the right of way](https://attorneybrianwhite.com/faqs/what-does-yielding-the-right-of-way-mean/) was the cause of the crash.  Therefore, the [speeding driver](https://attorneybrianwhite.com/houston-tx/car-accident-lawyer/speeding/) is not liable for the damages because his actions were not the direct and proximate cause of the accident.  [Click to contact](/contact-us/) us today ## Personal Injury Cases Involving Negligence and the Reasonable Person Standard Examples of cases involving claims of negligence include, but are not limited to: - [Car accidents](https://attorneybrianwhite.com/houston-tx/car-accident-lawyer/) - [Construction accidents](https://attorneybrianwhite.com/houston-tx/construction-accident-lawyer/) - [Dog bites and attacks](https://attorneybrianwhite.com/houston-tx/dog-bite-lawyer/)  - [Slip and fall accidents](https://attorneybrianwhite.com/houston-tx/slip-and-fall-accident-lawyer/) - Medical malpractice  - [Truck accidents](https://attorneybrianwhite.com/houston-tx/truck-accident-lawyer/) - [Motorcycle accidents](https://attorneybrianwhite.com/houston-tx/motorcycle-accident-lawyer/) - Boating accidents - [Nursing home injuries](https://attorneybrianwhite.com/houston-tx/nursing-home-abuse-lawyer/) - [Pedestrian accidents](https://attorneybrianwhite.com/houston-tx/pedestrian-accident-lawyer/) - And more The reasonable person standard can be a challenging aspect of a personal injury case. Attorneys for both sides may vigorously argue what a reasonable person would have done in a given situation.  Most injury cases settle without going to court. However, do not assume you will settle your case. You have a limited time to file a lawsuit, according to the [Texas statute of limitations](https://statutes.capitol.texas.gov/Docs/CP/htm/CP.16.htm). Seeking legal advice as soon as possible after an injury or accident is in your best interest.  Complete a [Case Evaluation Form](/contact-us/) Now ## Contact the Houston Personal Injury Lawyers at Attorney Brian White Personal Injury Lawyers For Help For more information, [contact](https://attorneybrianwhite.com/contact-us/) the[Houston](https://www.houstontx.gov/) personal injury law firm of Attorney Brian White Personal Injury Lawyers by calling [(713) 500-5000](tel:+17135005000).  **Attorney Brian White Personal Injury Lawyers – Houston**[3120 Southwest Freeway, Suite 350, Houston, TX 77098](https://www.google.com/maps/place/Attorney+Brian+White+Personal+Injury+Lawyers+-+Houston/@29.7309684,-95.4262545,17z/data=!3m1!4b1!4m6!3m5!1s0x8640bf255e7aaf73:0x52064b120afa59fe!8m2!3d29.7309684!4d-95.4262545!16s%2Fg%2F1tfrxw9q?entry=tts/) **Attorney Brian White Personal Injury Lawyers – East Fwy**[11811 East Fwy, Suite 630-06, Houston, TX 77029](https://www.google.com/maps/place/Attorney+Brian+White+Personal+Injury+Lawyers+-+East+Fwy/@29.773407,-95.2301421,17z/data=!4m6!3m5!1s0x8640bd52b80b3fe3:0xb5804dd15c47b17b!8m2!3d29.773407!4d-95.2301421!16s%2Fg%2F11r10lsb0x?source=g.page.share&entry=tts/) **Attorney Brian White Personal Injury Lawyers – South Loop**[2600 S Loop W, Suite 293, Houston, TX 77054](https://www.google.com/maps/place/Attorney+Brian+White+Personal+Injury+Lawyers+-+South+Loop/@29.6785093,-95.4184191,16z/data=!3m1!4b1!4m6!3m5!1s0x8640c1c0e435eacd:0x81fd3c6eb30bc542!8m2!3d29.6785093!4d-95.4184191!16s%2Fg%2F11ry4wjwqr?cid=9366709246148461890&_ga=2.209939733.1628598219.1648478482-1081226185.1622227003&shorturl=1&entry=tts/) **Attorney Brian White Personal Injury Lawyers – Katy Freeway**[11511 Katy Fwy Suite 515, Houston, TX 77079](https://www.google.com/maps/place/Attorney+Brian+White+Personal+Injury+Lawyers+-+Katy+Freeway/@29.7836667,-95.5861677,15z/data=!4m6!3m5!1s0x8640dbd008653a11:0x9786540c9ab0bfd9!8m2!3d29.7836667!4d-95.5861677!16s%2Fg%2F11y3dw2v44?sa=X&ved=1t:2428&ictx=111&entry=tts/) **Attorney Brian White Personal Injury Lawyers** **– Clear Lake** [1300 Bay Area Blvd Suite B268, Houston, TX 77058](https://www.google.com/maps/place/Attorney+Brian+White+Personal+Injury+Lawyers+-+Clear+Lake/@29.5598212,-95.1152728,15z/data=!4m6!3m5!1s0x86409d1b345242c9:0x5895a119f6ed1d9!8m2!3d29.5598212!4d-95.1152728!16s%2Fg%2F11lf7xm8n8?sa=X&ved=1t:2428&ictx=111&coh=219816&entry=tts&g_ep=EgoyMDI0MDgxNC4xKgBIAVAD/) **Attorney Brian White Personal Injury Lawyers** **– The Woodlands** [1776 Woodstead Ct ste 203, The Woodlands, TX 77380](https://www.google.com/maps/place/Attorney+Brian+White+Personal+Injury+Lawyers+-+The+Woodlands/@30.1548897,-95.4639792,15z/data=!4m6!3m5!1s0x864737efe5a3cb73:0xff70634b80d03844!8m2!3d30.1548897!4d-95.4639792!16s%2Fg%2F11y98y92_f?sa=X&ved=1t:2428&ictx=111&entry=tts&g_ep=EgoyMDI0MTExOS4yIPu8ASoASAFQAw%3D%3D/) Call or Text [(713) 500-5000](tel:+17135005000) or Complete a [Case Evaluation Form](/contact-us/) Personal Injury Blog Posts: [![Understanding Assumption of Risk in Texas](https://attorneybrianwhite.com/wp-content/uploads/2021/08/Understanding-Assumption-of-Risk-in-Texas-1-300x200.jpg)](https://attorneybrianwhite.com/blog/understanding-assumption-of-risk-in-texas/) [Understanding Assumption of Risk in Texas](https://attorneybrianwhite.com/blog/understanding-assumption-of-risk-in-texas/) When you’re injured, you may be able to pursue compensation by filing a claim to collect from the insurance of a [![Safety Tips for the Wild West Brewfest in Houston, TX 2024](https://attorneybrianwhite.com/wp-content/uploads/2024/03/safety-tips-for-the-wild-west-brewfest-in-houston-tx-2024-300x200.jpg)](https://attorneybrianwhite.com/blog/safety-tips-for-the-wild-west-brewfest-in-houston-tx-2024/) [Safety Tips for the Wild West Brewfest in Houston, TX 2024](https://attorneybrianwhite.com/blog/safety-tips-for-the-wild-west-brewfest-in-houston-tx-2024/) The Wild West Brewfest (WWBF) is more than a celebration of hops and malts; it's a community gathering of those who [![Did You Know? 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