How Is Negligence Determined?

In order to establish negligence, the court typically examines the conduct of the individual suspected of being “at fault” for the accident. If the person failed to act in accordance with established standards of society, or if they did not behave in a way that a reasonable individual would have in the same circumstances, their actions may be considered negligent.

In addition, the person’s actions must fall in line with the law of “torts”, which means that:

  1. The individual had a civil “duty” to the plaintiff
  2. The individual breached that duty through their conduct
  3. The person’s breach of conduct caused injury to the plaintiff
  4. The plaintiff actually suffered harm in some way

It is important to note that the circumstances surrounding each and every accident are unique, so it is virtually impossible to tell whether or not you have a valid claim until you consult an experienced Austin personal injury attorney. For more information about negligence and your legal options following a serious accident, contact an attorney at the Law Offices of Vic Feazell, P.C. today at (254) 938-6885.