What Is Negligence in Dallas?

Though not all, most personal injury cases are based on the legal concept of negligence. In law, negligence arises when someone fails to exercise the same level of caution that a reasonable person would show in a similar situation. 

For example, failure to adjust your speed when driving in inclement weather likely counts as negligence. If the negligent driver causes an accident, they will be held responsible for compensating injured victims. A plaintiff who files a personal injury lawsuit based on negligence must normally show that the defendant’s failure to uphold their legal duty to use reasonable care caused the plaintiff’s injuries.

However, in some cases, plaintiffs may also rely on a distinct legal theory known as negligence per se. Negligence per se occurs when someone violates a law specifically put in place to keep people safe. If such a violation results in an accident the statute sought to prevent, injured plaintiffs need only prove that the violation occurred and caused their injuries.