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Who is Liable For Accidents in Texas?

Who is Liable For Accidents in Texas?

In Texas, determining liability for accidents is crucial in personal injury cases. Whether you’re in Denton, Dallas, or anywhere in the DFW area, understanding who may be held responsible is vital for pursuing compensation. Let’s delve into the key factors that determine liability in Texas personal injury cases.

Understanding Liability in Texas

In Texas, liability for accidents typically hinges on negligence. Negligence occurs when someone fails to exercise reasonable care, leading to harm or injury to another person. To establish liability, the following elements must generally be proven:

  1. Duty of Care: The defendant (the party being sued) must owe a legal duty of care to the plaintiff (the injured party). For instance, drivers owe a duty to operate their vehicles safely and follow traffic laws.
  2. Breach of Duty: The defendant must have breached their duty of care through negligent actions or inactions. This could involve actions like speeding, distracted driving, or failing to maintain property.
  3. Causation: The breach of duty must be directly linked to the accident and resulting injuries. This means proving that the defendant’s actions or negligence directly caused harm to the plaintiff.
  4. Damages: The plaintiff must have suffered actual damages, such as medical bills, lost wages, pain and suffering, or property damage.

Types of Accidents and Liability

Liability can vary depending on the type of accident:

  • Car Accidents: Often involve determining fault based on traffic laws and driver actions, such as speeding or running red lights.
  • Slip and Fall Accidents: Property owners may be liable if they failed to maintain safe premises or warn visitors of hazards.
  • Product Liability: Manufacturers or sellers can be held responsible for defective products that cause harm.
  • Medical Malpractice: Healthcare providers may be liable for injuries resulting from negligent medical care.

Comparative Fault in Texas

Texas follows a modified comparative fault rule. This means that even if the plaintiff is partially at fault for the accident, they can still recover damages. However, their recovery is reduced by their percentage of fault. If a plaintiff is found to be 51% or more at fault, they cannot recover damages.

Seeking Legal Help

Navigating liability issues in Texas personal injury cases can be complex. Consulting with experienced Denton personal injury lawyers like Chandler Ross Injury Attorneys can help clarify liability, gather evidence, and pursue fair compensation.


Understanding liability in Texas is essential for anyone involved in a personal injury case. Whether in Denton, Dallas, or elsewhere in Texas, knowing who may be held responsible can significantly impact the outcome of your case. For expert legal guidance and representation, contact Chandler Ross Injury Attorneys today.

With offices in Denton, Keller, Euless and Southlake, Texas, Chandler | Ross, PLLC and our Personal Injury Attorneys are well positioned to provide the most effective and highly-skilled representation possible.  We are a local law firm, focused on providing each and every client with the best representation possible.   If we take your case, it’s for a reason, and we’re going to prove that to you.  Don’t wait, and don’t compromise.  Contact us today for a Free Case Evaluation.  In most cases, you pay nothing unless you recover.  Contact us now.  (940) 800-2500


While Chandler | Ross makes every effort to ensure information disseminated throughout this website is correct and up to date, we cannot and do not guarantee that informational blogs and articles within the siteare accurate, up-to-date, and/or applicable to any specific situation.  Nothing herein is intended to create, and nor does it create an attorney-client relationship of any kind.  The information contained within this site is for general use and educational purposes only, and should not be relied upon as legal advice of any kind.  No action should be taken in reliance of this information without first contacting an attorney who is licensed to practice in your jurisdiction.

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