To win a personal injury case, you must prove the other party acted negligently—and doing so requires evidence, legal knowledge, and a clear understanding of how Texas courts evaluate fault. Negligence is proven by establishing four key elements: duty, breach, causation, and damages. Strong evidence, expert testimony, and a compelling narrative are the backbone of a successful claim.
Morgan Bourque Attorney at Law helps clients build these cases by thoroughly investigating the facts, analyzing Texas law, and presenting evidence in a way that supports your right to compensation.
Why Proving Negligence Matters
Most personal injury cases—from car accidents to slip-and-fall injuries—come down to one core question: Was someone else negligent?
Negligence is the legal foundation used to hold a person, business, driver, or property owner responsible for the harm they caused. Without proving negligence, an injured person generally cannot recover financial compensation for medical bills, lost income, pain and suffering, or future treatment.
Texas uses negligence principles based on long-standing case law, statutory rules, and generally accepted legal standards. For someone recovering from an injury, understanding these rules can help you make informed decisions and better understand how a claim may move forward.
This article explains negligence in clear, accessible terms—without offering legal advice—and outlines the process of proving it in a personal injury case.
What Is Negligence?
Negligence occurs when a person fails to act with the level of care that a reasonably prudent person would exercise under the same circumstances. Courts often refer to this as the “reasonable person standard.” In simple terms, negligence means carelessness that results in harm.
Examples include:
- A distracted driver running a red light
- A store failing to clean up a known spill
- A property owner ignoring broken handrails
- A business failing to maintain safe walkways
- A driver speeding in heavy rain
Negligence is not always intentional. In fact, most personal injury cases involve ordinary carelessness—not malicious conduct. But even unintentional negligence can leave victims with devastating injuries and significant financial losses.
The Four Elements of Negligence
To prove negligence, an injured person (the plaintiff) must show each of the following:
- Duty – The defendant owed a legal duty of care.
- Breach of Duty – The defendant failed to act reasonably under the circumstances.
- Causation – The defendant’s conduct caused the injury.
- Damages – The plaintiff suffered actual harm or losses.
Each element must be proven by a preponderance of the evidence, meaning it is more likely than not that the defendant’s conduct caused the harm.
Duty of Care: Establishing a Legal Obligation
A duty of care is the legal responsibility to act reasonably and avoid causing harm to others.
Examples of duties include:
- Drivers must follow traffic laws and operate their vehicles safely.
- Businesses must maintain reasonably safe premises for customers.
- Property owners must address hazards or provide warnings to lawful visitors.
- Manufacturers must design and produce safe products.
In Texas personal injury cases, duties may arise from:
- Common law (court decisions)
- Statutes, such as Texas Transportation Code provisions
- Building codes and safety regulations
- Industry standards, especially in cases involving professional negligence
Proving that a duty existed is often straightforward, especially in motor vehicle accidents or premises liability cases. However, more complex cases—such as negligent security or defective product injuries—may require expert analysis to define the appropriate standard of care.
Breach of Duty: Showing the Defendant Failed to Act Reasonably
Once a duty is established, the next step is demonstrating that the defendant breached that duty. A breach occurs when someone’s actions (or inaction) fall below the standard of ordinary care.
Examples of breaches include:
- A driver texting while driving
- A trucking company failing to maintain its vehicles
- A landlord ignoring repeated complaints about unsafe stairs
- A business leaving hazards unmarked or unrepaired
- A bar overserving an intoxicated patron who later causes an accident
Courts determine breach by asking: What would a reasonably careful person have done in the same situation?
When the conduct involves complex technical issues—like medical procedures, electrical systems, or engineering—courts may rely on expert testimony to explain what the standard of care required and how the defendant’s conduct differed.
Causation: Connecting the Breach to the Injury
Proving negligence also requires showing that the defendant’s breach actually caused the harm. Causation has two components:
A. Cause in Fact (“But-For” Causation)
The injury would not have occurred but for the defendant’s actions.
Example:
If a speeding driver rear-ends another vehicle and the occupant suffers a neck injury, the injury would not have occurred but for the speeding.
B. Proximate Cause (Legal Cause)
The harm must be a foreseeable result of the defendant’s conduct.
Example:
It is foreseeable that running a red light can cause a collision.
It is not foreseeable that running a red light somehow causes a fire three blocks away.
Proving causation often requires:
- Accident reconstruction
- Medical testimony
- Expert analysis
- Physical evidence (skid marks, vehicle damage, surveillance footage)
In multi-party accidents or complex injury scenarios, causation is frequently the most contested element.
Damages: Demonstrating Actual Losses
To succeed in a negligence claim, an injured person must show real, measurable harm. Without damages, there is no personal injury case—even if the defendant was negligent.
Damages can include:
- Medical bills
- Future medical treatment
- Lost wages
- Reduced earning capacity
- Pain and suffering
- Emotional distress
- Property damage
- Loss of enjoyment of life
Evidence that helps establish damages includes:
- Medical records
- Physician reports
- Treatment plans
- Diagnostic imaging
- Pay stubs, W-2s, or employment records
- Testimony from medical experts or vocational experts
The goal is to clearly document how the injury has impacted the person’s life, health, finances, and ability to work.
Comparative Fault: How Your Own Actions Can Affect a Case
Texas follows a modified comparative negligence rule (also known as proportionate responsibility). Under Texas law:
- An injured person can recover damages only if they are not more than 50% at fault.
- If they are found 51% or more responsible, they recover nothing.
- If they are partially responsible, their compensation is reduced by their percentage of fault.
Example:
If a plaintiff is awarded $100,000 but is found 30% at fault, they may recover $70,000.
Insurance companies often use comparative negligence arguments to reduce payouts, which is why strong evidence and legal advocacy are essential.
Evidence Used to Prove Negligence in a Personal Injury Case
A negligence case is only as strong as its evidence. The following categories of proof are commonly used:
Accident Reports
Police reports, store incident reports, OSHA documents, or workplace safety records can help establish what happened and who may have been at fault.
Witness Statements
Neutral third-party testimony is often compelling because it is considered unbiased.
Video and Photo Evidence
Surveillance footage, dash-cam recordings, smartphone video, and photos of the scene can reveal details that are easy to miss in written statements.
Medical Records & Expert Testimony
Doctors can explain how the injuries occurred and confirm that the accident was the cause.
Physical Evidence
Damaged vehicles, broken stairs, torn carpeting, and defective products can strongly support a negligence claim.
Organizing and preserving evidence is crucial—especially in cases where footage may be deleted or hazards repaired.
How Texas Personal Injury Laws Influence Negligence Cases
Texas law has several rules that can impact a negligence claim:
Statutes of Limitations
Personal injury claims generally must be filed within two years from the date of the injury. Claims against government entities have shorter deadlines and may require advance notice before filing.
Damage Caps
While most negligence cases in Texas have no cap on economic or noneconomic damages, some categories—such as medical malpractice—follow statutory limits.
Premises Liability Standards
Property owners’ duties vary depending on whether the injured person was an invitee, licensee, or trespasser.
Dram Shop Liability
Bars and restaurants may be liable for overserving alcohol to visibly intoxicated patrons who later cause harm.
All these nuances can affect how negligence is proven and how much compensation may be available.
How a Lawyer Builds a Negligence Case
An experienced personal injury attorney typically approaches negligence cases by:
- Conducting a detailed factual investigation
- Interviewing witnesses
- Preserving time-sensitive evidence
- Requesting surveillance or dash-cam footage
- Working with accident reconstruction experts
- Coordinating with medical professionals
- Reviewing relevant statutes, case law, and safety regulations
- Communicating with insurance companies
- Preparing a compelling narrative for settlement negotiations or trial
Because the burden of proof is on the injured person, thorough preparation is essential.
Why Proving Negligence Is Particularly Important in Texas
Texas is known for:
- Active insurance defense teams
- Comparative negligence rules that can reduce compensation
- Complex rules for premises liability and commercial property claims
- Robust litigation in auto, trucking, and catastrophic injury cases
This makes a negligence case not just about telling your story but proving every element with clarity, structure, and evidence.
How Morgan Bourque Attorney at Law Helps Clients Build Strong Negligence Claims
Morgan Bourque Attorney at Law represents clients across The Woodlands and Montgomery County in a wide range of personal injury cases. The firm takes a strategic, evidence-driven approach to negligence claims by:
- Conducting detailed crash or incident investigations
- Gathering all available evidence, including surveillance footage
- Working with industry and medical experts
- Identifying all liable parties, including companies and insurers
- Navigating Texas comparative negligence rules
- Ensuring claims are filed before deadlines
- Building a compelling legal strategy aimed at maximizing compensation
If you or a loved one is exploring your options after an accident, you can reach the firm directly to discuss your situation.
Conclusion
Proving negligence is the cornerstone of any successful personal injury case. It requires showing that the other party had a duty, breached that duty, caused the injury, and left you with real damages. For many people, gathering this information and presenting it effectively can feel overwhelming—especially while recovering from injuries.
Morgan Bourque Attorney at Law helps clients navigate this process with experience, attention to detail, and deep knowledge of Texas personal injury law. If you have questions about negligence, evidence, or what your options may be after an accident, you can contact the firm at (713) 766-6001.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. For legal guidance tailored to your specific situation, consult a licensed attorney.