Negligence is defined in Texas law (and most other states) as the failure to do what a reasonable person would have done under the same or similar circumstances, or doing what a reasonable person would not have done under the same or similar circumstances (such as hitting the accelerator instead of the brake). You have to have a legal duty to the other person such as to drive safely and not hit them. The person is entitled to damages caused by your breach of the duty to drive safely, and not hit them.
Comparative Fault
Texas is a comparative fault state. If you are found 51% Negligent in Texas (and 32 other States) you get zero.
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