by

small carWhen an East Texas car accident involves multiple vehicles, as most do, it is typical for a person who is injured in one car to name the driver of the other automobile as a defendant in a personal injury lawsuit seeking compensation.

The defendant may disagree with this and claim that the other driver was at fault. If it is the driver himself who filed the lawsuit, this is typically done in the form of an answer and counter-complaint. If the plaintiff is, instead, a passenger, the defendant may still name the other driver as a responsible third party, but the process of doing so is more complicated.

Facts of the Case

Continue Reading

by

oil wells
An issue that sometimes comes up in an east Texas car accident case is whether or not a certain business or company is vicariously liable for a crash caused by someone who worked for that business or company.

The resolution of this issue can greatly affect the amount of monetary compensation received by the plaintiff in the case, since businesses and corporations typically have much higher liability insurance limits (or other resources that can be attached and liquidated by the injured party if he or she is successful at trial) than do private individuals.

Facts of the Case

Continue Reading

by

motorcyles
Most east Texas motorcycle accidents are caused by the negligent or reckless conduct of an individual – a motorist, a truck driver, a motorcyclist, etc. However, some motor vehicle collisions may be caused by other entities, including the government (or government employees).

Unfortunately, it can be difficult to pursue fair compensation when one of the defendants in an personal injury or wrongful death case is the government or a government employee. While it is not necessarily impossible in every case, it certainly does present some additional challenges beyond what would be necessary to prove liability against a more typical defendant.

Facts of the Case

Continue Reading

by

stopwatchThere are many issues of timeliness in an east Texas car accident case. First, there is the statute of limitations, which governs the time the injured party has to file his or her claim in court. The statute of repose may also come into play if there is a product liability claim or medical malpractice claim that is part of the car accident case. The time for filing notice of a claim with the government may also be relevant if one of the defendants is a governmental entity.

Once suit is filed, there are many additional deadlines that must be met, including discovery deadlines and time limits on the filing of certain pre-trial motions. While there is not an absolute deadline that says when a trial must occur, the best course of action is to get to trial as soon as possible once the plaintiff has been released from medical care and discovery has been completed. Otherwise, it is possible that the defendant will file a motion to dismiss for want of prosecution, unnecessarily complicating matters and causing additional delay.

Facts of the Case

Continue Reading

by

pointing the finger
Everyone knows that the outcome of a divorce case is often based on the resolution of “he said, she said” factual disputes. East Texas car accident cases are similar in this regard, although it may be “he said, he said” or “she said, she said,” depending on the gender of the respective parties. In cases in which the plaintiff and the defendant blatantly disagree about what caused the accident – or in situations in which one of the parties has given multiple accounts of how the crash happened – the court (or the jury) has the difficult task of deciding who is telling the truth.

Facts of the Case

The plaintiff and the defendant in a recent case (No.  04-16-00739-CV; Fourth Court of Appeals of Texas) had very different theories as to how a two-vehicle accident involving the plaintiff and the defendant’s employee happened. According to the plaintiff, she was traveling along a four-lane highway when the defendant’s employee, whom the plaintiff alleged was acting within the course and scope of her employment with the defendant, pulled out in front of her, forcing the plaintiff to strike the employee’s vehicle. The defendant, on the other hand, maintained that the accident happened because its employee, who had ended her work duties for the day and was on her way home, was t-boned by the plaintiff, whom it alleged was speeding and distracted by her cellphone.

Continue Reading

by

18-wheelerThere are many issues that must be taken into consideration in an east Texas truck accident case. Who are the proper defendants? What are the claims against each? Which court has jurisdiction and venue over the defendants and/or the claims?

Sometimes, issues of venue (i.e., the appropriate court in which a given case should be heard) can complicate an otherwise straightforward case. This is especially true in cases involving corporate defendants.

Facts of the Case

Continue Reading

by

adding machineMost east Texas truck accident cases are ultimately settled out of court, although this sometimes happens literally “on the steps of the courthouse.” When an agreement cannot be reached, however, it is a jury that usually decides the case.

When a jury trial is required in an automobile accident case, a party aggrieved by the jury’s findings has a right to appeal the trial court’s judgment entered thereon. While most jury verdicts are affirmed on appeal, the higher courts do sometimes rule that a reversible error occurred in the court below.

Facts of the Case

Continue Reading

by

alcoholic beverage
When alcohol is a factor in an east Texas car accident, the defendant in the case is usually an allegedly intoxicated driver whose negligence or recklessness caused or contributed to the crash. This is not always the case, however.

Under the Texas Dram Shop Act, an establishment that “over-serves” a person who is obviously intoxicated to a point at which he or she presents a danger to themselves or others can also be held liable in a lawsuit brought by a person harmed by the over-served individual. In some cases, the over-served person may also seek compensation under the Act.

Facts of the Case

Continue Reading

by

rough road
Although east Texas motorcycle accident lawsuits in which a governmental entity is named as the defendant can be difficult to win, there are many situations in which such claims can be successful. Since the government enjoys immunity unless it is expressly waived by statute, a would-be plaintiff’s case must fit squarely within the statutory exceptions in order for him or her to prevail, however.

It should be noted that, even when a plaintiff does win a case against the government, there may be caps on damages. Still, in a one-vehicle accident in which the government’s negligence played a significant part, such a lawsuit may be the plaintiff’s only hope for assistance with medical bills, lost wages, and other losses.

Facts of the Case

Continue Reading

by

sport utility vehicle
East Texas car accidents can happen for many different reasons. In most multi-vehicle cases, a wreck is caused by the negligence of one or both of the drivers – speeding, distracted driving, and driving while intoxicated are all common causes of motor vehicle accidents. In a single-vehicle accident, a driver may be at fault, but this is not always so. There could have been another factor, such as a defect in the automobile, a dangerous road (possibly due to improper maintenance), or an obstacle caused by a third party.

Facts of the Case

The plaintiffs in a recent appellate court case (No. 09-16-00280-CV; Court of Appeals for the Ninth District of Texas) were the heirs of a woman who was killed in 2006 when an allegedly defective tire on a 1995 Ford Explorer in which she was riding caused an accident. The decedent and her heirs were all residents of Mexico, and the accident happened in Mexico.

Continue Reading