Who Is the Defendant in a Personal Injury Case?
The defendant is the party accused of causing your injury. Most claims are based on negligence, meaning the defendant failed to act with reasonable care.
A defendant can be:
- An individual, such as a driver or a homeowner
- A business, such as a trucking company, store, or manufacturer
- An employer responsible for an employee’s conduct on the job
- A government entity, within the limits of the Texas Tort Claims Act
Plaintiff vs. Defendant
The plaintiff is the injured person who starts the claim. The defendant responds to it.
As the plaintiff, you carry the burden of proof. You must show it is more likely than not that the defendant owed you a duty, breached it, and caused your damages. The defendant may deny fault, argue that you were partly to blame, or dispute the extent of your injuries.
Examples of Defendants in Texas Injury Cases
Who you sue depends on how the injury happened:
- Car crash: the at-fault driver, and the employer if the driver was working
- Truck crash: the driver, the motor carrier, and possibly a maintenance or loading company
- Slip and fall: the property owner or the business in control of the premises
- Defective product: the manufacturer, distributor, or seller
- Dog bite: the dog’s owner or keeper
Finding every responsible party matters. A third party may carry more insurance than the person directly involved.
How the Defendant Affects Your Claim
The defendant’s identity shapes who pays and how much is available. In most cases, you will deal with the defendant’s insurance adjuster, not the defendant personally.
Under Texas modified comparative fault, the jury assigns percentages of responsibility to each party. If you are found more than 50% at fault, you cannot recover. If you are 50% or less at fault, your damages are reduced by your share. Defendants often try to shift blame for this reason.
Most Texas injury lawsuits must be filed within two years, so identify every possible defendant early.
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Frequently Asked Questions
Who is the plaintiff in an auto injury case?
The plaintiff is the person who was hurt and brings the claim, such as an injured driver, passenger, pedestrian, or cyclist. If the injured person has died, family members or the estate may bring a wrongful death or survival claim. The plaintiff carries the burden of proving the defendant caused the injuries.
Can there be more than one defendant?
Yes. A crash can involve several drivers, a trucking company, a vehicle manufacturer, or a city that failed to maintain a road. Texas juries assign each responsible party a percentage of fault, and each defendant's share affects how much they must pay.
Does the defendant pay out of pocket?
Usually not at first. Most defendants have liability insurance, and the insurer hires defense lawyers and pays settlements or judgments up to the policy limits. A defendant can be personally responsible for amounts above those limits, but collecting from an individual is often difficult.
Can a government entity be a defendant in Texas?
Yes, but only in limited situations allowed by the Texas Tort Claims Act, such as some injuries caused by government vehicles or dangerous property conditions. These claims can require written notice within six months or less, so they need prompt attention.