Proving Fault: What is Negligence?

When Failing to Use Ordinary Care Causes Your Personal Injury

Negligence is an important legal concept in almost every personal injury case. Negligence is often defined as the failure to use ordinary care — the failure to do something that an ordinary person would have done under ordinary circumstances.

At the Law Offices of Tyler & Peery, in San Antonio, Texas, our law firm has been representing personal injury victims hurt by others' negligence for 20 years. Our experienced attorneys have seen a broad variety of personal injury cases, and we know first hand that there are many things drivers can do to be negligent:

  • Being inattentive
  • Failing to keep a proper lookout
  • Failing to apply the brakes in time
  • Speeding
  • Stopping suddenly
  • Tailgating
  • Running a red light
  • Driving on the wrong side of the road
  • Driving while drunk or under the influence or drugs
  • Talking on a cell phone or texting while driving

The Four Elements of a Negligence Argument

There are four elements of a negligence argument. The first is duty of care — proving that the defendant driver had the duty to operate his or her motor vehicle with care. The second is breach of duty. Did the driver do something behind the wheel that put others at risk? The third element is causation. Did the risky behavior cause the accident? There are many ways to think about cause — accidents can be caused directly or remotely, by some other way.

Finally, you must prove your damages. At Tyler & Peery, we do this by working with experts to calculate the true cost of a personal injury. We also share your story with the jury so that they fully understand what you have gone through.

When Proving Negligence, Work With an Experienced Attorney

Because proving negligence can be so complex, it is a good idea to work with an experienced attorney on your personal injury case. The lawyers at the Law Offices of Tyler & Peery use over 130 years of combined experience, which we will use to help you achieve the best possible results.

Talk with us about your personal injury, and let us develop a winning strategy for you. Trial attorneys at the Law Offices of Tyler & Peery are available by calling 866-798-0737 or contacting us online.