Jim Adler | The Tough, Smart Lawyer
By Jim Adler July 2, 2015

If you’ve been in a car wreck, you may have heard the terms “negligence” and “liability” used by insurance adjusters or attorneys. The difference between negligence and liability is an important distinction to understand, especially if you’re considering a lawsuit, and the attorneys at Jim Adler & Associates are here to help.

What Is Negligence?

Negligence involves someone failing to take reasonable care to protect others from injury. Negligence does not involve intent to do harm, but rather a failure to act in a way that minimizes risk to others. Such negligence is the legal basis for many personal injury cases.

In driving, negligence happens when a driver has a duty to act in a reasonable manner and fails to do so. This duty of reasonable care on the road includes yielding when appropriate, stopping at stop signs and red lights, driving within posted speed limits, maintaining a vehicle with needed repairs, avoiding texting or other distractions, and watching the road.

A driver is negligent if he or she did not take responsibility or care, but instead was speeding or otherwise breaking traffic laws and causes an accident. If a driver is determined to have been negligent, that driver is liable — or responsible — for accident losses and damages.

What Is Liability?

Liability involves a person’s legal responsibility to do something, such as paying for losses in an accident for which they were to blame.

In order for an injured driver or passenger to claim compensation for their losses, they must determine that another driver or drivers was liable for the accident, by virtue of having caused it. Then, it is the other driver’s legal responsibility to pay.

Liability and negligence are determined under local, state and federal laws.

Texas Liability & Negligence Laws

Texas liability and negligence laws hold that persons who drive in the state are responsible to pay for the accidents they cause. By state law, drivers must purchase auto liability insurance, which pays for losses to other persons who are harmed by the driver.

Most states laws are similar regarding liability and negligence. One point of divergence involves what’s known as comparative liability, or shared fault, in an injury.

Along with 32 other states, Texas follows a modified comparative negligence rule, in which the amount of compensation owed to an injured person is reduced by an amount equal to the injured person’s shared fault in the accident.

Such comparative negligence also is known as proportional negligence or contributory negligence, meaning the victim shared in the blame for the accident. This could be the case when a pedestrian crosses the street against a traffic light and is struck by a speeding driver. The judge could hold each party responsible for a portion of the damages.

In Texas, if an injured person is determined to bear over half of the legal blame, the injured person cannot collect anything from other at-fault parties. But if the injured person’s blame is, say, 25%, then the injured person can collect 75% of the damages, or the equivalent of the other driver’s shared fault.

In Texas, an injured person or plaintiff must demonstrate in court that the defendant had a duty to act safely and breached this duty, and the injury was in fact caused by this breach. Plaintiffs also can show proximate cause, meaning the other driver reasonably should have known that his or her actions were risky, and also must show damages, meaning the actual harm for which the plaintiff can be compensated.

Texas also has a two-year statute of limitations on injury claims. That means an injured person must file a lawsuit in the state’s civil court system within two years of the date of the injury to be eligible for compensation.

Do You Need a Liability Lawyer?

If you were injured in a car crash, do you need an injury attorney or liability lawyer? If so, notify Jim Adler & Associates, a law firm which has represented thousands of injured Texans in cases involving liability and negligence.

Our car accident lawyers can fight for your legal rights in cases of liability and negligence. By determining another driver’s negligence and liability, we can claim payment of damages to you.

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Google Reviews

I went to the office and everyone was so considerate and professional , so my first impression was good, I felt like I was in good hands. Then I received a call from Vanessa Garcia, she was on top of EVERYTHING! I never had to call her, she always called me. She even called to see how I was doing , and if I needed help with anything. That is why I have absolutely no worries.read more
13:42 01 Jun 17
My lawyer Bill Adler and case manager Iris Sanchez are amazing! They constantly call and check on you . They keep you up to date through the process. They care about you as a person and not just a client. The wreck was a life changing experience that I've never been through before. I'm just glad I had the right people like Bill Adler and Iris Sanchez to help me through it. Truly satisfied.Thanks and God bless y'all!read more
Tierra Clark
Tierra Clark
18:52 19 May 17
I was dropped from a previous law firm regarding my case before I called Jim Adler. They immediately took up my case and worked hard on it - I was always up to date with each step they took and the benefits or consequences of each. In the end, I am highly satisfied with the outcome and would not have it any other way. It took some time but I truly appreciate and want to thank everybody who helped me on this journey and worked tirelessly on it.read more
Tori Barroga
Tori Barroga
14:17 11 May 17
I am a Patrol Deputy for the Sheriff Office and while working one night, a drunk driver crossed the center stripe on the highway and struck my patrol vehicle head on with his pick up truck. Needless to say we (the drunk driver and I) were both lucky to survive, as the accident occurred at highway speeds. Following my release from the hospital, I knew that I would need to have someone represent me. My employer was happy to represent me in regards to prosecuting the driver for criminal charges but, can do little in respect to the recovery of financial losses for medical bills, pain and discomfort, time lost from work etc... This is how my relationship with Jim Adler and Associates began. Yep, you probably guessed correctly when you think of what made me choose the "Texas Hammer" to represent me. Those half obnoxious, half way entertaining commercials and radio announcements most Texans have been seeing and hearing on the TV and radio for years instantly came to mind. Yes, I wanted to "hammer" this S.O.B. for trying to kill me but, more importantly I was worried about the costs associated with the life long injuries I had sustained as a result of this drunk driver's negligent behavior. I contacted Jim Adler and Associates and so began our relationship. I was immediately surprised by the prompt attention and the expression of genuine concern for my well being that I received from the employees of Jim Adler's office. Now as you can imagine, lawyers are not a breed that is held in very high regard by people in my profession but, my experiences with Jim Adler's office and his employees have forced me to amend my way of thinking, at least on the civil side of the house anyway. I have to chuckle when I say that because my experience as a client of Jim Adler's firm has been exceptionally pleasant. So before I venture down one of the stereotypical and infinite number of rabbit holes associated with the relationship between members of law enforcement and lawyers; I will do my best to stay focused on my experience with Jim Adler & Associates. Upon being informed that my case had been accepted by Jim Adler's office; I was contacted by Iris Sanchez who informed me that she was to be my case manager and any questions, comments and concerns could be directed to her. I was pleasantly surprised to receive regular calls from Iris assisting with my medical appointments and future follow up appointments. Iris had informed me that Jim Adler's son, Bill Adler would be handling my case and I was even more surprised to receive several calls from Bill to discuss my case. Now you might be thinking "what's the big deal" with the person who is representing you contacting you? In reality, you are correct in that it isn't a big deal but, what is noteworthy and what separates Jim Adler's Office from the multitude of other lawyers is the genuine expressions of concern and the desire Bill Adler conveyed to me to do their best to help me. I felt an immediate connection and instantly realized I had made the correct choice in contacting Jim Adler & Associates to handle my case. One thing I think lawyers and police officers can agree on is the proverbial wheels of justice turn very slowly. Months go by and our professional relationship is never neglected. Through the unwavering attention of Iris Sanchez and Bill Adler himself, I never felt "out of the loop" so to speak and always had a clear understanding of where my case was at in regards to the legal process. In conclusion, I know my brief description of my experiences with Bill Adler and, his assistant Iris Sanchez, cannot provide the credit they deserve. Together they have done an outstanding job representing their firm/employer. If you are seeking a great firm to represent your legal interests and, take comfort in establishing a professional relationship that feels more like a friendship than a casual business acquaintance, then I highly suggest Jim Adler & Associates.read more
Erick Becker
Erick Becker
01:20 06 May 17
I am very happy with Jim Adler & Associates. I did not know anyone who has ever used the Law Firm before. The staff is very friendly and treated me as if I were family. At times it got very stressful being without a job. They helped me when I was confused about the process. Mrs. Theresa Rodriguez stayed in contact with me constantly. Checking on me to see how I was doing and to let me know how things were going on there end. The Attorneys that handled my case know exactly what they are doing to take good care of me. Thank You so much Attorney's Mr.Michael Gomez and Mr.Trey Smith.read more
Bernard Orozco
Bernard Orozco
17:16 23 Feb 17
Jim Adler only offer nothing less than a great experience. They are a very well-established organization. They are outstanding on keeping you up to date with cases. There's no beating around the bush with this organization as they are only straight forward with the whole process. They treat their customers like family as well as go above and beyond to fight cases for you only leaving you with nothing but the best experience. Easy 5-star rated organization. I would highly recommend this one organization you not look over.read more
Lorenzo Preston
Lorenzo Preston
17:23 26 Jan 17
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