Under Texas law, government agencies have sovereign immunity from tort claims pursuant to the Texas Tort Claims Act. The immunity can be waived in certain circumstances, however, such as when a government employee harms a person via a motor vehicle used in the course and scope of their employment. Recently,…
How Texas courts interpret statutes has real consequences on the exercise of government power and the outcome of disputes. For example, a recent Texas car accident case, Sibel Onasis Ferrer v. Madalena Elizabeth Almanza et al., No. 21-0513, illustrates the difference between a pragmatic common-law approach, which empowers courts to…
Under Texas law, people injured in car accidents can recover a variety of damages, including compensation for the cost of any past or future medical care. In order to recover such damages, however, they must adequately demonstrate that their alleged injuries were caused by the accident in question, which in…
Under Texas law, people hurt in car accidents have the right to seek compensation from the parties responsible for their harm. They must do so within the time prescribed by the statute of limitations, though, otherwise, their claims will most likely be dismissed. While typically determining whether an action is…
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.…
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…
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…
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…
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…
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…