In most cases arising out of car accidents, while liability may be disputed, it is clear who was involved in the collision. In some matters, however, the identity of the driver that caused a crash may be disputed as well. As demonstrated in Felipe Martinez Rubio v. Paul Shields No. 01-22-00084-CV, if a plaintiff cannot prove that the defendant was operating the vehicle involved in an accident at the time the accident occurred, the court is likely to dismiss their case. If you were hurt in a collision caused by another driver, it is prudent to talk to a Texas car accident attorney regarding what claims you may be able to pursue.

The Facts of the Case

It is reported that the plaintiff suffered injuries when the car he was driving was struck by a vehicle owned by the defendant. The plaintiff instituted a lawsuit against the defendant, alleging he negligently operated his vehicle, thereby causing the accident and the plaintiff’s harm. During the course of discovery, the defendant admitted that he owned the car involved in the crash but denied that he was driving it when the incident occurred.

Allegedly, the defendant indicated that his nephew was the person responsible for the collision. The defendant ultimately moved for a no-evidence summary judgment, arguing that the plaintiff failed to produce evidence that he was driving the car at the time of the crash or caused the plaintiff’s harm. The trial court granted the motion, and the plaintiff appealed. Continue Reading

While most Texas motor vehicle collisions arise out of negligent driving, some are caused by defective vehicles. People harmed in crashes caused by unsafe cars have the right to pursue product liability claims against the vehicle manufacturer, but, pursuant to Texas’s statute of repose pertaining to product liability claims, they must do so within 15 years of the date of the sale of the vehicle. If a defendant cannot establish the date of sale, they most likely cannot challenge a product liability claim as untimely, as demonstrated in Jennifer Parks et al. v. Ford Motor Company (No. 05-21-00632-CV), an opinion recently delivered by a Texas court. If you suffered harm in an accident caused by an unsafe vehicle, you might be able to recover damages from the company that manufactured the vehicle, and it is in your best interest to confer with a Texas car accident attorney.

Factual and Procedural History of the Case

It is alleged that the decedent was involved in a collision in May 2014 while driving a vehicle manufactured by the defendant. Subsequently, in May 2016, the plaintiff, as guardian of the decedent’s estate, and several other plaintiffs filed a product liability lawsuit against the defendant. In part, they alleged that the design of the subject vehicle, which was a 2001 model, rendered it unsafe because it was prone to rollovers and the strength of the roof was insufficient to withstand crashes.

Reportedly, the defendant set forth numerous affirmative defenses, including the assertion that the plaintiffs’ claims were barred by the statute of repose for product liability claims. Following discovery, the defendant moved for summary judgment pursuant to the statute of repose, which demands that product liability claims must be pursued within 15 years of the defendant’s sale of the product. The court granted the motion, and the plaintiffs appealed. Continue Reading

Bicyclists struck by vehicles often sustain severe injuries. When such collisions are caused by negligent driving, the injured bicyclist may be able to recover damages in a civil lawsuit. Certain seemingly innocuous factual scenarios can present challenges in demonstrating fault, though, as shown in Max Nelson and Carolyn Nelson, as Co-Guardians of Matthew Nelson v. City of Plano (No. 05-21-00708-CV), a Texas case in which the court ruled that under the facts of the case the plaintiff could not show that the city waived its governmental immunity. If you or a loved one sustained injuries in a bike accident, you have the right to pursue claims against the party responsible for your harm, and you should meet with a Texas car accident attorney.

Factual Background of the Case

It is reported that the plaintiff, a man with cognitive disabilities, was riding his bicycle on a city sidewalk when he crashed into a truck driven by a city employee. The plaintiff sustained multiple fractures and internal injuries in the accident. He and his guardians subsequently sued the city, arguing that its negligence caused the accident and the plaintiff’s subsequent harm. The city filed an answer and set forth affirmative defenses, such as governmental immunity.

It is alleged that the plaintiff answered the city’s discovery requests, stating, among other things, that the plaintiff was riding his bicycle on a sidewalk owned and maintained by the city at the time of the accident and that he was solely pursuing an ordinary negligence claim against the city. Based on these statements, the city filed a plea to the jurisdiction on the grounds of governmental immunity. The court granted the plea, and the plaintiff appealed. Continue Reading

Pursuant to Texas law, parties injured in car accidents have two years from the date of the collision to pursue claims against the party responsible for the crash. If the responsible party is a political subdivision of the state, though, the injured party must comply with certain notice requirements as well; otherwise, the court may lack jurisdiction over their claim even if it is filed within the statute of limitations. Recently, the court in City of Arlington v. Christopher Evans (No. 02-22-00160-CI) explained the notice requirements imposed on plaintiffs pursuing claims against political subdivisions and ultimately found that the plaintiff’s failure to comply with said requirements demanded the dismissal of his claims. If you sustained harm in an auto accident, you might be owed compensation, and you should speak to a Texas car accident attorney promptly to avoid unwittingly waiving the right to recover damages.

Factual History of the Case

It is alleged that the plaintiff’s car was struck by a car owned by the defendant city. The plaintiff sustained injuries and property damage in the crash. As such, he filed a personal injury lawsuit against the defendant. In response, the defendant filed a plea to the jurisdiction in which it argued that the trial court did not have subject matter jurisdiction over the case because the plaintiff failed to provide the defendant with formal and timely notice of his claim or demonstrate that the defendant had actual awareness that the plaintiff suffered injuries in the crash. The trial court denied the defendant’s plea to jurisdiction, and the defendant appealed.

Notice Requirements in Claims Against Political Subdivisions of the State

On appeal, the court found that the trial court erred in denying the defendant’s plea for jurisdiction. Thus, it reversed the trial court ruling. The court explained that governmental immunity categorically prohibits tort claims against municipalities like the defendant unless the legislature has consented to suit. For example, immunity is waived under the Torts Claims Act for car accidents caused by a municipality’s employees. Continue Reading

Shipping companies commonly employ drivers to operate the trucks they use to transport packages. People that drive for a living are bound by the same laws and regulations as all other Texas motorists, but they nonetheless often ignore their statutory duties and drive negligently. If a driver for a shipping company causes a collision that injures another party, both the driver and the company may be deemed liable. Whether a corporate representative from the company can be compelled to testify at trial is unclear, however, as demonstrated in In re Zach Brown, No. 20-0992, a case arising out of a motorcycle collision recently upon by the Supreme Court of Texas. If you suffered injuries in a motorcycle accident, you may be able to pursue compensation from multiple parties, and you should meet with a Texas motorcycle accident attorney to discuss your potential claims.

Procedural Background of the Case

It is alleged that the plaintiff was operating his motorcycle on a Texas highway when he collided with a truck owned by a commercial shipping company and driven by its employee. The plaintiff sustained serious bodily harm in the crash and subsequently filed a personal injury lawsuit against the shipping company and its employee. A week before the trial, the plaintiff served the shipping company commanding the presence of a corporate representative that lived within 150 miles of the county courthouse at trial.

It is reported that the shipping company moved to quash the subpoena, arguing that there was no legal authority that would allow the plaintiff to compel a corporate representative to appear at trial. The court denied the motion, and the defendant petitioned for writ of mandamus. The court granted the petition, after which the plaintiff petitioned for writ of mandamus. Continue Reading

Texas law permits people who lose their loved ones in collisions to pursue wrongful death claims. Generally, such claims assert that the defendant’s negligence caused the decedent’s death. Establishing that a defendant’s careless driving caused an accident can be challenging, especially when they are the only surviving party that witnessed the crash. Recently, in Pleasant v. Tomas Granados Hernandez & Universal Tire & Wheel, Inc. (NO. 14-21-00617-CV), the court discussed what constitutes sufficient evidence to demonstrate negligence in a wrongful death case arising out of a car accident. If you lost a loved one in a car crash, you might be owed damages, and you should speak to a Texas truck accident attorney as soon as possible.

Factual and Procedural History of the Case

It is reported that the decedent was driving south on a Texas highway in October 2018. The defendant was approaching from the north in a box truck. When the two vehicles approached one another, the decedent suddenly crossed the center line. The defendant did not adjust his lane of travel, and the decedent subsequently struck the side of his vehicle, began spinning, and collided with a trailer being towed by a third vehicle.

Allegedly, the decedent sustained fatal injuries in the crash. As such, the plaintiff brought wrongful death claims against the defendant, alleging his negligence caused the decedent’s death. The defendant moved for summary judgment, and the trial court granted his motion. The plaintiff appealed. Continue Reading

In cases arising out of truck accidents, the parties will typically engage in discovery. Under Texas law, parties can seek information via discovery that will support their claims and defenses. Discovery cannot be used as a fishing expedition, however, and overbroad requests may be quashed, as illustrated in In re Contract Firefighters Inc. No. 21-0134, a case arising out of a truck collision. If you were hurt in a crash involving a tractor-trailer, you have the right to seek compensation for your losses, and you should meet with a Texas truck accident attorney to evaluate your potential claims.

Procedural History of the Case

It is reported that the plaintiffs suffered injuries in a collision with a commercial truck. They subsequently instituted negligence claims against the truck driver and the shipping company. The case proceeded to discovery, and the plaintiffs sought information regarding other truck accident lawsuits in which the company was named as a defendant and United States Department of Transportation (USDOT) records regarding accidents involving the company in all 50 states.

It is alleged that the company filed a motion to quash the request for information from the USDOT, while the plaintiffs filed a motion to compel the company to respond to their discovery requests. The court granted the plaintiff’s motion and denied the company’s. The company sought a writ of mandamus, which the appellate court denied. The company then filed a writ of mandamus petition in the Texas Supreme Court, after which the plaintiffs voluntarily withdrew their request and moved to dismiss the petition. Continue Reading

In Texas, governmental immunity protects municipalities and other political subdivisions of the State from civil liability unless they have waived their immunity to suit. Governmental immunity often extends to employees of municipalities as well. In cases in which a party asserts they are protected from liability via governmental immunity, the courts will weigh several factors to determine whether the assertion is true, as illustrated in Rivera v. City of Houston No. 01-19-00629-CV, a case arising out of a collision involving a police vehicle. If you were injured in a crash with a municipal employee, you could be owed damages, and you should contact a Texas car accident lawyer to discuss your rights.

The Facts of the Case

It is reported that a police officer that worked for the defendant municipality was driving outside of her regular patrol area to pick up her partner when she heard an announcement of an emergency call regarding a suspect with a weapon. Although she was not assigned to the call, she decided to respond to it after going to the station to pick up her partner and engaged her emergency equipment.

As the police officer approached an intersection, she slowed down but did not stop. She was typing a message to the dispatcher, and she entered the intersection and did not observe whether the light was red or green. She subsequently struck the plaintiff’s vehicle. Continue Reading

Discovery is an essential component of car accident cases; without it, parties would not be able to adequately develop their claims or defenses. Not all information and documentation is discoverable, however, and even if evidence is subject to discovery, it may be protected by one or more privileges. Relevance and privilege in the context of discovery was the topic of a recent  Texas opinion issued in a case arising out of a collision, In re Central Oregon Truck Co., Inc., — S.W.3d —- (2022), in which the court ultimately held that information regarding the injured party’s medical billing was relevant. If you were hurt in a car crash, it is important to understand your rights and obligations, and you should meet with a Texas car accident lawyer as soon as possible.

Facts of the Case

It is alleged that the plaintiff was injured in a collision in which she was rear-ended by the defendant driver. She subsequently filed a lawsuit against the driver and because the driver was working at the time of the accident, his employer. During the course of discovery, the defendants subpoenaed the plaintiff’s medical providers to obtain her medical records and billing information. The plaintiff moved to quash the subpoenas, arguing that the information sought was irrelevant. The court ultimately denied her motion.

Discoverability of Information in Car Accident Cases

Pursuant to Texas law, a party is permitted to attain discovery pertaining to any matter that is relevant to the issues presented in the underlying action, as long as it is not privileged, regardless of whether it relates to the defense or claim of the party seeking the information or another party in the case. All discovery is subject to a proportionality standard that requires a case by case assessment of judicial considerations. Continue Reading

Generally, people seeking compensation for injuries sustained in a car accident will name the driver of one of the vehicles involved in the collision as a defendant. Other parties may be deemed liable as well, however, if the judge or jury finds that their actions contributed to the plaintiff’s harm. Recently, in Elephant Insurance Company, LLC v. Lorraine Kenyon (No. 20-0366), a case of first impression, the court addressed the issue of whether an automobile insurer could be deemed liable for a fatal collision that occurred while its insured was taking photographs of another crash per its directive. If you suffered losses due to a collision caused by someone else’s negligence, it is prudent to speak to a Texas car accident lawyer to determine what claims you may be able to pursue.

The Facts of the Case

It is alleged that the insured was involved in a single-car accident. The insured’s spouse arrived at the scene of the collision and, per the defendant automobile insurer’s instruction, began taking photographs of the car and roadway. While doing so, he was struck by another motorist and suffered fatal injuries. The insured filed a wrongful death and survival action against the motorist and against the defendant insurer. As to the defendant insurer, she alleged that its negligence caused the fatal crash. The defendant moved for summary judgment, arguing that it owed no duty of care to the insured with respect to the collision. The trial court granted the defendant insurer’s motion, and the insured appealed.

An Insurer’s Liability for Collisions Under Texas Law

On appeal, the appellate court affirmed the trial court ruling, finding that the defendant insurer did not breach any duty owed to the insured or her husband and, therefore, could not be held liable for the insured’s losses. Specifically, the appellate court explained that the defendant insurer’s duty of good faith and fair dealing did not require it to process the first collision without requesting that the insured take photographs or to issue a safety warning to the insured along with the request. Continue Reading

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