The elements of negligence are the existence of a duty owed by one party to another, and a breach of that duty which causes both foreseeable, and compensable damage to a plaintiff. A Dallas personal injury lawyer must prove the case by presenting convincing evidence with respect to all these elements. 

Whether an injury was foreseeable is the primary factor involved in finding out if a duty exists. In many cases, it’s the foremost and dominant consideration to make when you seek a claim for damages.  

Breach of duty is often a fact question. What does that mean? It means the question depends on what the facts were at the time of the incident that caused the harm. For example, when a motorist runs a red light, they have breached the duty to follow the rules of the road. It’s foreseeable that an injury is likely with cars being so heavy and dangerous. Therefore, when the motorist hits someone, we feel ok with holding that person accountable. 

A Dallas personal injury lawyer must balance the likelihood of injury, the seriousness of the injury that happens, and the interest that must be given-up to avoid the risk. 

In our motorist example above, the likelihood of someone becoming seriously injured or killed is too high not to impose restrictions on other motorists. Therefore, the law imposes a duty on motorists to operate their vehicles in a reasonably prudent manner and follow the rules of the road. 

In Texas, there are some special duties imposed on certain drivers: Common Carriers, like buses, are required to use the highest duty of care for the safety of their passengers. This can give clients context when deciding whether to hire The Abeita Law Firm.