Most people hear the word “negligence” after an accident but don’t always understand what it really means. Yet this single concept affects nearly every injury case in Texas. Whether someone is hurt in a car crash, a slip-and-fall, or a workplace incident, negligence determines who is legally responsible and what the injured person may be entitled to recover.
What Negligence Really Means
Negligence is more than just making a mistake. Legally, it means someone had a duty to act safely and reasonably, failed to do so, and that failure caused harm. It can be as simple as a driver looking down at a phone or as complex as a business failing to address a known safety hazard.
When negligence happens, the consequences often fall hardest on the person who was injured — the one who did nothing wrong.
How Texas Handles Shared Fault
Texas uses a system known as “comparative negligence.” This means fault can be divided between different parties if more than one person contributed to the accident. For example, someone may be found 80% responsible while another is 20% at fault.
The key rule: if the injured person is more than 50% responsible, they cannot recover damages.
Understanding this rule is crucial because small details — speed, visibility, road conditions, or even witness statements — can change how responsibility is assigned.
Evidence That Influences Fault
Fault isn’t determined by guesswork. It’s supported by evidence. Some of the most influential forms of evidence include:
- Photos or videos from the scene
- Medical evaluations
- Police reports
- Damaged property
- Witness testimony
- Cell phone records or surveillance footage
Because evidence can disappear quickly, collecting it early often strengthens the injured person’s position.
Why Early Guidance Can Change the Outcome
Most people don’t realize the impact their early decisions can have on a potential claim. A quick statement to an insurance adjuster or a small detail left undocumented can later be used to shift blame or minimize compensation.
That’s why understanding your rights early — ideally with the help of a knowledgeable Personal Injury Attorney — can make the process smoother and protect you from common pitfalls.
Negligence Shapes Every Part of the Recovery Journey
Knowing how negligence works doesn’t just help in court. It helps injured people understand what to expect, why certain documents matter, and how to avoid mistakes that could harm their case. It creates clarity during a time when everything else feels overwhelming.
And most importantly, it reinforces a simple truth: the person who caused the harm should be the one held accountable for it.