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What is 'negligence' in a Houston truck accident?

Large trucks are the lifeblood of the economy of Texas. Considering the size of the state, transporting goods from one place to another via the highways and byways constitutes a huge boon to both producers of those goods, the merchants who sell them, and the consumers who purchase them. No other form of transport offers the flexibility, reliability and price of trucking. However, this economic advantage comes at a price. Because trucks have to share the roads with other vehicles, mistakes made by truck drivers can have consequences, and deadly ones at that, considering the size and weight of the vehicles involved.

When this occurs, it is often very likely that someone is badly injured. These individuals may face years of recovery and mountains of medical and other costs due to a truck accident. Because of this, Texas law allows such individuals to attempt to receive compensation for their injuries by seeking monetary damages from anyone who might be responsible for the accident in question. But, how will a court determine who is responsible? One often used theory in personal injury recovery is that of negligence.

Negligence is a term that describes a situation in which someone was not as careful or thorough as they should have been. It is a way of placing some blame at the feet of someone who has been careless, be it a truck driver, or a company that employs the driver. However, in order to receive compensation, an injured party must satisfy in court that certain elements were present in order to show that negligence occurred.

First, the plaintiff must show that the defendant had a legal duty to the plaintiff and that the duty was breached in some way. Second, the breach must have caused the injuries to the plaintiff and the injuries must have been reasonably foreseeable. Finally, there must be proof of the damages that the injured party suffered so the court can determine what the plaintiff is owed.

While these elements may not sound all that difficult to prove, in many instances, they can get fairly complicated, especially when dealing with certain legal concepts like duty and foreseeability. In order to receive the compensation an injured party deserves after a truck accident, they may wish to consider speaking with an experienced Texas personal injury attorney.

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