Most east Texas car accidents settle prior to an actual jury trial. When this happens, it is vitally important that all concerned parties fully understand the nature and extent of the agreement.

Unfortunately, there can sometimes be misunderstandings between the parties concerning the settlement agreement. This can potentially result in additional litigation, including a request for a court to interpret the agreement if a dispute arises.

Facts of the Case

In a recent car accident case considered on appeal, the plaintiff was a mother who sought to assert a claim for herself and her minor child following an automobile accident allegedly caused by the negligence of the defendant motorist. The defendant asserted an affirmative defense wherein he relied on a release and indemnity agreement that had allegedly been signed by the plaintiff and her husband a year earlier. Under the terms of the release, the defendant paid $6500 to the plaintiff’s husband, who was also involved in the accident along with the plaintiff and their minor child. As the litigation progressed, the defendant served requests for admissions on the plaintiff, but she did not answer them.

Continue Reading

In some east Texas truck accident cases, liability is clear. Everyone agrees who was at fault, but a trial may still be necessary because of a disagreement about the amount of money that it will take to fully compensate the plaintiff for the injuries caused by the defendant’s negligence.

In other cases, however, both liability and damages are contested, and the jury must decide both who was at fault and the amount of money due the “innocent” (or less at-fault, as the case may be) driver. Of course, the jury must follow certain rules and instructions in so doing, and it is not unusual for the losing side to file an appeal, arguing that the trial court gave erroneous instructions or that the jury misapplied the directions given by the judge.

Once the case reaches the appellate court level, the reviewing court has a few choices. It can reverse the lower court’s decision and send the case back for a retrial; it can opine that, although some error may have occurred, it did not ultimately affect the outcome of the proceedings; or it can determine that there were no errors made by the lower court.

Continue Reading

In an east Texas car accident lawsuit, the plaintiff has the burden of proving his or her case by a preponderance of the evidence. This means that he or she must provide enough legally admissible evidence to sway the jury in his or her favor. Simply asserting that he or she was in the right is not likely to carry the day, as the jury will most likely hear a similar assertion from the defendant, who will also claim, “It wasn’t my fault!”

Rather, the prevailing party should have other evidence, such as photographs from the accident scene, the testimony of disinterested witnesses, and (sometimes) an expert’s opinion as to the cause of the crash. Such proof is much more likely to carry the day than the word of the plaintiff (or defendant) alone.

It is important to note, however, that there are rules that govern both the gathering of evidence prior to trial and the admission of evidence during trial. The trial court judge has some discretion when it comes to enforcing these rules, and the appellate court may occasionally weigh in on the matter as well, via the appellate process.

Continue Reading

An east Texas truck accident case can involve many potential parties and multiple theories of liability. It is important that a family who has been impacted by such a collision retain counsel experienced in this area of the law.

There may be any number of issues that develop during the course of litigation, such as who was negligent and whether any defendant’s employer should be held vicariously liable. Insurance coverage issues may also be present.

Such cases require special care from beginning to end, starting with a thorough investigation of the accident scene and the retention of expert witnesses. It can also be anticipated that any verdict obtained on the plaintiff’s behalf may become the subject of a post-trial appeal.

Continue Reading

In most east Texas car accident cases, the fact that one party ran a red light and caused a collision is fairly convincing evidence that the defendant was negligent and should be held liable for the plaintiff’s injuries. After all, the duty to stop at a red light is one of the basic rules of the road.

However, there are a few, very limited circumstances in which this factual scenario might not play out in the plaintiff’s favor. An example of a possible exception to the general rule might be when the allegedly negligent motorist was a public employee who was on the job at the time of the wreck – if certain conditions were present.

Of course, the simple fact that the defendant was a public employee does not in and of itself end the inquiry into whether the plaintiff will prevail in his or her negligence lawsuit. There are multiple factors that must be taken into consideration in determining whether the defendant is entitled to certain immunity protections under the facts presented.

Continue Reading

Each car accident case in Texas must stand on its own merits. The specific facts – as well as the particular parties – that are part of a given accident will inform the ultimate outcome of the case.

The more parties and claims that arise from a particular collision, the more complex the litigation is likely to be. Even in a simple crash involving only two individuals, it is wise to consult an attorney before speaking to the at-fault driver’s insurance company.

Speaking with counsel is even more important when multiple parties and/or multiple claims are involved. An experienced east Texas car accident attorney can help protect the victim’s legal rights as the case moves forward through the court system.

Continue Reading

Big rigs, semis, and 18-wheelers can cause devastating personal injuries and even wrongful death in a truck accident. It only takes a few seconds for a trucker’s inattention or negligent conduct to cause a crash that can forever devastate those who are in his or her path.

Fortunately, truckers and the trucking outfits that employ them usually have sizable liability insurance limits, such that the plaintiff’s medical expenses, lost earnings, and other damages can be taken care of. Of course, just because such coverage exists does not automatically mean that the insurance company will be willing to pay out even a dime without a fight.

An experienced east Texas truck accident litigation attorney can help the accident victim and his or her family understand their legal rights and help them fight for what is right. It is important that those who have been hurt by a careless or reckless truck driver speak to counsel as soon as possible after an accident; you can bet the insurance company will have someone on the scene within a short time, but that person (or, more likely, that team of professionals) will only be looking out for the insurance company’s bottom line, not for what’s right for the injured person.

Continue Reading

If you have been hurt or lost a family member in an east Texas car accident caused by another driver’s negligence, you have the right to file a lawsuit seeking fair compensation. If you are unable to reach a settlement with the opposing party, your case may be tried by a jury, who will determine who was at fault and the amount of money damages to which you are entitled.

There are many rules of civil procedure that govern trial practice in Texas. An experienced trial lawyer can explain how those procedural rules may affect your case, should it proceed to trial.

Keep in mind that, although the majority of cases do settle prior to trial, it is important to assume that your case will be fully litigated – all the way to trial and maybe even through the appellate process – and prepare accordingly. Insurance companies can tell when an injured party isn’t prepared to go to trial, and they base their offer accordingly.

Continue Reading

East Texas truck wreck cases often involve many legal theories, especially in cases resulting in wrongful death. Some of these theories may be “direct negligence” theories of liability against the trucking outfit that owned the big rig involved in the crash (such as negligent hiring, negligent training, etc.) Sometimes, there may also be indirect negligence claims, such as an allegation of respondeat superior for the careless driving of the trucker who caused the accident.

Of course, the exact claims and legal theories vary from case to case, depending on the circumstances of a particular crash. If you or a loved one has been hurt by a negligent trucker or trucking outfit, an attorney experienced in these types of cases can help you get started on the appropriate claim(s) in your situation.

It is important to consult an attorney as soon as possible after a truck crash because such cases tend to be complex, requiring a thorough investigation of the crash and prompt legal action. Failure to speak to counsel early on can give the trucking outfit’s insurance company a considerable advantage as the case develops, so please act quickly if you find your or someone in your family has been involved in a truck accident.

Continue Reading

Fully recovering from a serious car accident in East Texas or elsewhere can require the assistance of multiple professionals. Obviously, receiving proper medical attention should be first and foremost in an accident victim’s mind. However, there are other concerns that are likely to arise along the way.

How will the medical expenses get paid? What if the wreck leaves the accident victim unable to work either temporarily or indefinitely? What is the process for filing a claim against the responsible party?

To get answers to these and other important questions, it is important that someone who has been hurt in such a crash talk to an East Texas car accident attorney experienced in such matters as soon as possible. Issues such as vicarious liability (which can occur when someone causes an accident while they are on the job) can complicate what might otherwise seem like a straightforward case, so it is important that the person hurt in the collision have assertive legal representation as the case develops.

Continue Reading

Contact Information