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Articles Posted in Negligence

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COVID-19 Orders Did Not Toll Statute of Limitations in Car Accident Case Per Texas Court

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…

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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…

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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…

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Partial Summary Judgment on Liability Concerning Texas Car Accident Reversed on Appeal

In an east Texas car accident case, the plaintiff has the burden of proving that the defendant’s negligence caused the accident in which the plaintiff was injured. If the plaintiff does not meet his or her burden of proving negligence by a preponderance of the evidence, he or she will…

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Texas Appeals Court Finds that Summary Judgment Based on Release Was Improper, Given Alleged Mistake Concerning Extent of Release

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…

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Texas Appellate Tribunal Affirms Verdict for Plaintiff in Car Wreck Case

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…

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Texas Court of Appeals Enters Take Nothing Judgment in Car Accident Case Allegedly Caused by Trooper Who Proceeded Through Red Light During Emergency

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…

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Appellate Court Dismisses Insurance Company’s Appeal in Case Involving Subrogation Claim in Automobile Accident Lawsuit in East Texas

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…

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Texas Appellate Court Affirms in Part, Modifies in Part $1 Million Judgment in Car Wreck Case

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…

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Trial Court Was Wrong to Dismiss Case Against Business Whose Employee Allegedly Caused Accident, Says Texas Court of Appeals

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…

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