Marc Whitehead
Board Certified-Personal Injury Trial Law
Texas Board of Legal Specialization
Marc Whitehead
Board Certified-Social Security Disability Law
National Board of Social Security Disability Advocacy
Texas Negligence Cases May Be Less Complicated Than You Think:
How An Experienced Legal Team Can Really Help
Personal injury negligence cases confound victims for a number of reasons. If someone else’s failure to act caused or worsened a situation that led to your getting injured or sick, you can legally hold that person or party liable for your damages. These can include pain and suffering, reconstructive surgery, long-term medical and drug costs, lost wages, and more. Proving that negligence was a factor often requires doing the logical equivalent of proving that – to paraphrase the great detective, Sherlock Holmes – “the dog didn’t bite.”
In other words, had someone or some company taken a different, better action, then your life would have turned out better. This can be somewhat complex to prove. So let’s make the discussion a little less abstract.
Here's a case study to illustrate carelessness versus negligence with negligence cases. Say a truck driver took a massive dose of methamphetamines to complete his route in half the expected time. In other words, in blatant violation of the rules and the law, he took drugs and exceeded his hours. In this methamphetamine-influenced state, he rammed into your relatively small pickup truck at 80-miles per hour, gave you whiplash, absolutely decimated your truck, and possibly gave you a traumatic brain injury.
In this case, the trucker’s actions – his carelessness in getting behind the wheel while high on methamphetamines – caused all the destruction. Even a cursory examination in negligence cases like this one shows this. It's pretty straightforward.
But let’s consider the case from another angle. The trucking company who hired this driver might not have performed due diligence when hiring the driver. For instance, maybe the company never checked the driver's criminal record. Or maybe they hired him, even though his trucking license had expired two years prior.
In this situation, the trucking company’s negligence – its failure to take an action that it should have taken – also indirectly contributed to the accident. And this would make the trucking company liable, too. This makes good moral sense. After all, had the trucking company done what it should have done – screened out the driver – then the trucker would never have gotten onto the road and would never have hit you.
Negligence Cases Require Meticulous Research and Investigation
As our hypothetical example nicely illustrates, building a personal injury case around a negligence claim is not necessarily easy or obvious to do. We at Marc Whitehead & Associates recognize this, and we are devoted to delving deeply into the law and the evidence to maximize possibilities of obtaining a recovery in negligence cases.
At Marc Whitehead & Associates, we provide free, safe and completely confidential case evaluations regarding negligence cases.
We want our clients not only to feel listened to, appreciated, and kept informed about the progress of their case. Our team is on hand to help you answer questions, regain control, and feel more relaxed about the case and about your and your family’s future. Connect with us now at 800-562-9830, or explore more about our Houston personal injury law firm at www.personal-injurylawyer.com.