These two terms are often confused, so let’s take a closer look at what negligence and recklessness mean in Texas. If you believe someone else’s actions caused your car accident or other type of incident, contact an Austin personal injury law firm right away.
What Is Negligence in Texas?
Texas Penal Code § 6.03 deals with culpable or culpable mental states when it comes to negligent acts. What it basically reads is that if a person intentionally or knowingly engages in harmful, negligent, careless conduct that “grossly deviates from the standard of care that an ordinary person would exercise,” then they are negligent. will have tried.
If someone is injured as a result of their reckless actions, they can seriously injure that person in the state of Texas. This is where your diligent Austin car accident attorney comes in, investigates your case, and gets you the highest possible payout for your injuries, pain and suffering, medical bills, and more.
What is Negligence in Texas?
In the Lone Star State, negligence does not have a clear statutory definition, but rather is a common law concept. Negligence means that:
- A person took care of you
- The person has breached their duty of care
- Their violation has caused you injuries and damage
A party need not grossly deviate from the standard of care such as negligence. Instead, any deviation from what a reasonable person would do can be negligent in causing injuries. Most personal injury claims arise from negligence, as this is the level of wrongful conduct that regularly causes accidental injuries.
Examples of carelessness and negligence
Negligence is the most common legal basis for personal injury claims. Some negligence claims may include:
- Distracted drivers and accidents
- Property owners and customers who fail to address property hazards are injured
- Manufacturers who unknowingly sell defective products that cause injury
Negligence often involves a mistake that someone else could not have made.
Recklessness, on the other hand, involves conduct that the party knows is likely to cause injury, but they do it anyway. This includes:
- Drag racing or speeding on residential streets
- Driving under the influence after a previous DWI conviction
- Keeping weapons or toxic chemicals in a place where others (especially children) can easily access them
- Knowingly selling drugs that cause serious health problems such as cancer
Negligence often opens up the possibility of exemplary (or punitive) damages. This is what your personal injury attorney will review to make sure you get the full compensation you deserve.
Contact our experienced personal injury attorneys in Austin
If you or someone you know has been injured due to the careless or negligent conduct of another party, do not hesitate to contact TK Injury Attorneys. We can review how your injuries occurred and advise you on your legal options. We handle every step of the process, including filing and negotiating insurance claims or, if necessary, filing a personal injury lawsuit in civil court. Consultations are always free – apply today.
Trent Kelly received his law degree from the University of Arkansas in 2007. He is licensed to practice law in Texas and regularly assists clients with their legal matters. Trent’s practice focuses primarily on personal injury, particularly involving motor vehicles (such as cars, commercial trucks, 18-wheelers, and motorcycles) and wrongful death, but he also handles a variety of business litigation matters. comes out. Click here to review some of the complex cases Trent has handled.
Years of experience: +15 years
Address: Austin, TX