When you file a personal injury lawsuit in Texas, you must prove causation before the court holds the other party legally responsible for your damages. In most cases, you cannot receive compensation for your economic and non-economic damages without proving the elements of negligence: duty, breach of duty, causation, and damages.
Our personal injury lawyers at Zehl & Associates have won record-breaking settlements and verdicts for our clients. Overall, we have recovered billions of dollars in compensation for their injuries and damages. Contact us online or call 1-888-603-3636 to schedule a free case review with an undefeated Odessa personal injury attorney.
What Is Proximate Cause in an Odessa Personal Injury Case?
Proximate cause is the most challenging element of causation to prove in a personal injury case. You must prove proximate cause in addition to proving actual cause.
Actual cause is the reason why something happens. We use the “but-for test” to determine actual cause. In other words, would something have happened “but for” a specific factor?
For example, you are driving through town, and a car runs a red light while you are at an intersection. The car crashes into your car. The actual cause of the car accident is the driver running the red light. “But for” the driver running the red light, the accident would not have occurred. Likewise, “but for” the accident, you would not be injured.
Now, you must prove proximate cause for your injuries. Proximate cause helps create legal liability. Proximate cause is about making sure there is a foreseeable link between the defendant’s actions and the injuries in question.
Examples include:
- A restaurant employee fails to clean up a spill. It is foreseeable that someone could slip and fall on the slick floor.
- A store stacks items without securing them. It is foreseeable the items could fall on a customer or cause a tripping hazard if left on the floor.
- A landlord is aware that the steps to the front door are broken. It is foreseeable that someone could fall because of a broken step.
In a sense, proximate cause is also about making sure it is fair to hold the at-fault party responsible for the accident in question.
Does Contributory Fault Impact Proximate Cause in a Personal Injury Case?
You must prove that the defendant’s conduct was the actual and proximate cause of your injuries to recover damages. However, if you are partially to blame for causing the accident, your blame is also a factor in your personal injury case.
The Texas proportionate responsibility statute is the state’s standard for contributory fault. It says that if a victim is 51% or more responsible for causing their injuries, they cannot recover damages. So, if a jury decides you were 60% to blame for the intersection accident, you would not recover compensation for damages. It would not matter if you could prove that the other party’s actions contributed to the cause of the crash.
On the other hand, if you are less than 51% responsible for causing your injuries, you can recover damages. However, the amount of damages is reduced by your level of fault. Therefore, if you are 10% to blame for the crash, you would only receive 90% of the damages awarded by the jury.
How Do I Prove Proximate Cause in an Odessa Personal Injury Case?
Proving proximate cause requires you to prove by a preponderance of the evidence that the other party’s actions or inactions caused your injuries. The party’s conduct must have started a chain reaction that the party could reasonably foresee would have injured you.
Personal injury attorneys use a variety of evidence to prove causation. Evidence in a personal injury case could include:
- Physical evidence from the accident scene
- Medical records
- Photographs and videos
- Statement from witnesses
- Reports from accident reconstructionists
- Police and accident reports
- Opinions and advice from expert witnesses
The evidence varies depending on the type of personal injury case and the facts and circumstances. You can help your personal injury lawyer by keeping detailed records and notes of your losses and suffering during your recovery.
Click Here or Call 1-888-603-3636 Today To Schedule a Free Consultation With an Undefeated Odessa Personal Injury Lawyer at Zehl & Associates
Proving causation can be one of the most challenging aspects of winning a personal injury case in Odessa, TX. Our attorneys at Zehl & Associates understand the law and how to apply the law to your case.
For more information, please contact our Undefeated Odessa burn injury attorneys in Texas at Zehl & Associates Injury & Accident Lawyers to schedule a free consultation today.
We proudly serve Harris County, Midland County, and throughout the state of Texas:
Zehl & Associates Injury & Accident Lawyers – Houston
2700 Post Oak Blvd #1000, Houston, TX 77056
(888) 603-3636
Open 24 hours
Zehl & Associates Injury & Accident Lawyers – Midland
306 W Wall St Suite 701, Midland, TX 79701
(432) 220-0000
Open 24 hours