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…
Articles Posted in Automobile Accidents
Court Discusses an Insurer’s Liability for Collisions Under Texas Law
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.…
Texas Court Affirms Verdict Against Plaintiff in Rear-End Collision Case
Typically, people believe that rear-end collisions are caused by the carelessness of the second driver. While that is frequently the case, the occurrence of a rear-end collision does not establish negligence as a matter of law; rather, the plaintiff must prove each element of negligence to recover damages. This was…
Court Discusses Immunity Under the Texas Tort Claims Act
Vehicles owned by government units are not immune to collisions. Under Texas law, however, government units enjoy substantial protection from liability for harm that arises out of such collisions. While government units are not entirely immune to liability, an injured party must comply with the notice requirements established by the…
Texas Court Discusses Ride-Sharing Companies’ Liability for Car Accidents
Ride-sharing drivers are prevalent throughout Texas, and many people take an Uber or Lyft instead of driving. People who drive for ride-sharing companies are typically independent contractors rather than employees; as such, if they negligently cause collisions, the ride-sharing company will most likely not be deemed vicariously liable. In a…
Texas Court Discusses Vicarious Liability in Car Accident Cases
Many employees are required to drive to and from certain locations as part of their job duties. If an employee subsequently causes a collision while driving for work purposes, both the employee and their employer may be deemed liable for any harm that ensues. Employers will only be held accountable…
Texas Court Affirms Dismissal of Negligent Entrustment Claim Due to Insufficient Evidence of Ownership
It is not uncommon for people to lend their cars to other drivers. If a person borrowing a vehicle causes an accident, though, the owner of the car may be found liable for negligent entrustment. A plaintiff must prove each element of negligent entrustment to recover damages, including the defendant’s…
Texas Court Discusses Vicarious Liability in Cases Arising Out of Collisions
Some jobs require people to travel on a regular basis, and it is not uncommon for a person who is driving to a location for work purposes to cause a collision. People hurt by parties traveling for work purposes will often allege that the parties’ employers should be held vicariously…
Texas Court Discusses When a Writ of Mandamus is Appropriate is a Car Accident Case
In cases arising out of car accidents, juries are typically tasked with determining not only liability but also damages. To support their claims and defenses, parties will often employ experts to testify on certain issues like what medical treatment and costs were reasonable and necessary. Thus, if a trial court…
Texas Court Should Not Have Allowed Jury to Attribute a Percentage of Fault to the Weather or Road Conditions in a Car Accident Trial
In an east Texas car accident trial, the jury is given a set of instructions by which it is to decide the issues of the case. While some of the instructions are considered “boilerplate” and used in many cases, the particular facts of a certain accident may result in a…