A few weeks ago we discussed the idea that when a truck accident occurs in Texas that causes an injury or serious property damage, one remedy is that of a civil suit against the responsible party. Often, the legal concept underlying these suits is of negligence. We pointed out that in a case of negligence the plaintiff, or injured party, needs to show that a person or entity had a duty that was breached, and that the breach was the cause of the actual injury or damage that was done. We have also discussed the first part of this test, that of duty and breach. But, what is the cause in fact for Texas truck accidents?
Causation for Truck Accident Cases
Causation in a negligence case can be a bit more complicated than it seems because the legal terminology of cause in such cases encompasses both what is called ’cause-in-fact’ and ‘proximate cause.’ In this post, we will briefly deal with the simpler of these two concepts, ’cause-in-fact,’ and leave proximate cause for its own post.
What is Cause in Fact for Truck Accidents?
Cause-in-fact in a negligence case is also often referred to as ‘but for’ causation. This is a basic form of causation and really deals with the idea that the breach of a legal duty by the defendant did indeed cause the injury or damage. That is, ‘but for’ the defendant’s negligence conduct, the injury would not have occurred.
Negligence and Cause in Fact
As we discussed previously, this conduct could be an action that the negligent party took that he or she should not have, or an action the defendant didn’t take that should have been. This is important especially in the case of Texas truck accidents, as many times it is the trucking company that can be at least partially to blame for an accident by failing to follow appropriate safety regulations.
Cause in Fact for Texas Truck Accidents Example
For example, the failure of a company to perform maintenance on its vehicles could be the cause-in-fact of the injuries sustained in an accident if but for the breach of the duty to maintain the truck, its brakes would not have failed. Now, whether that same breach was also the ‘proximate cause’ of any serious injuries suffered in an accident is a bit more complex, and we will cover that in a different post.
Houston Truck Accident Injury Law Firm
If you have any questions surrounding Cause in Fact for Texas Truck Accidents, contact a qualified Texas truck accident lawyer at Reich and Binstock for a free consultation.