Proving negligence is the best way to succeed in a personal injury case. Direct negligence cases are often straightforward, but things become more challenging when a third party is involved.
Third-party negligence can help prove your case only if you gather the right evidence. For example, if you were rear-ended because the other driver’s brakes failed, the manufacturer of the defective brakes could also be held liable.
Understanding how third-party negligence affects your lawsuit is crucial in building a strong case. You should also hire an experienced lawyer to help guide you through the obstacles that proving third-party negligence may present.
What is Negligence?
Before attempting to prove third-party negligence, you need to understand the concept of negligence as a whole. In legal terms, negligence forms the foundation of most personal injury cases. Negligence occurs when one party fails to exercise the level of care that another reasonable person would have under similar circumstances.
For instance, if someone drove under the influence of alcohol and caused a fatal accident, their actions led to the death of another person. Driving under the influence was negligence that caused direct harm and not something that a reasonable person would have done. A reasonable person would not have had a drink before driving.
To prove negligence in this scenario, the deceased’s family must show that the driver was legally obliged to act responsibly on the road. Considering that there are laws against drunk driving, this obligation is easy enough to prove.
It is also fairly easy to prove that this obligation (duty of care) was breached by the drunk driver as soon as they got behind the wheel.
The third element of proving negligence is establishing causation. In this case, you need to highlight the link between the drunk driver’s action.
The family of the deceased can argue that the drunk driver’s actions directly caused their loved one’s death. Alternatively, they can argue that the driver could have foreseen the harm that was eventually caused.
Lastly, the family must also prove that their loved one suffered harm after the accident and before their death. If the family wants to recover financial compensation for economic and non-economic damages, they must prove that they suffered said damages.
If their loved one was the breadwinner, the family would suffer financial loss (economic damages) and emotional distress and grief (non-economic damages).
What is Third-Party Negligence?
The picture looks different when it comes to third-party negligence. If more than one party is responsible for your injuries in an accident, third-party negligence comes into play.
For example, if you suffer an injury at work, you will likely have a claim against your employer. If another party played a role in the accident that caused your injury, you may also have a claim against that party.
These parties may include equipment manufacturers or the owner of the co
If you are in a car accident, the other driver may be only partly to blame if their car malfunctions. In this case, the vehicle manufacturer may be sued.
Proving Third-Party Negligence
The element of third-party negligence is similar to that of straightforward negligence. If you want to prove that a third party is also to blame for your injuries, you must prove they owed you a duty of care.
Moreover, you must prove that the third party breached this duty, which caused your injuries and damages. After proving these elements, you must also prove that the third party acted negligently throughout.
Modified Comparative Negligence and Third-Party Negligence
The majority of U.S. states, including Texas, follow modified comparative negligence principles. These laws significantly impact third-party negligence claims by introducing a threshold for plaintiff recovery. This means that if your own contribution to the accident is found to be above a certain percentage, you will likely not be able to claim compensation.
When multiple parties are involved in an accident, including a third party, the court will assign each party a percentage of fault (blame). If your percentage is lower than the bar rules, your compensation will be reduced by that percentage.
Two variations of modified comparative negligence exist: the 50% bar rule and the 51% bar rule. Applying the 50% bar rule, you cannot recover damages if you are found to be 50% or more at fault. Meanwhile, using the 51% bar rule, being found 51% or more at fault disqualifies you from recovering damages.
For example, if a drunk driver is the primary at-fault party, you are the secondary at-fault party (and plaintiff), and the malfunctioning car is the third party, each one will be assigned a different percentage.
The court may assign 40% blame to the driver and 30% to you and the car manufacturer. This would mean you can only claim 70% of the compensation you want.
Significant Implications of Modified Comparative Negligence Laws
Because of the impact of modified comparative negligence rules, you have an increased burden of proof. You must prove that your fault is less than the bar threshold to recover damages.
Your personal injury case may also become a complex legal battle because of the apportioning of fault.
Why You Need a Lawyer to Help You With a Third-Party Negligence Claim
Navigating a third-party negligence claim can be tough, especially if you try to do it on your own.
The best way to proceed with your legal case is to hire an experienced lawyer to help you. Your lawyer can help you find and present all the evidence you need. They will also help you identify all potential liable parties.
Furthermore, your lawyer can handle all communications and negotiations with the various insurance companies. They will also prepare your personal injury case for the court (trial) if no settlement is reached.
Your Next Step
If more than one party is to blame for your injuries, you have the right to hold them accountable. Speak to a lawyer and ask for advice about how the modified comparative negligence laws in Texas may affect your case.
It is important to note that personal injury cases are often long and drawn out. When more parties are involved, it can take even longer to resolve. However, you can eventually secure a successful outcome by understanding how to prove negligence and working with your lawyer.