When a Texas car accident lawsuit is tried to a jury, it is highly likely that one party or the other will be dissatisfied with the verdict. When this happens, one side or the other (or sometimes both) may seek a new trial. While new trials are sometimes granted, this…
Not all motor vehicle accidents happen on a street or highway. Car, truck, and motorcycle accidents can happen in parking lots, on other private property, and even on racetracks. Just as in other negligence cases, the burden in a Texas car accident case is on the plaintiff to show that…
Proving negligence in a car accident case requires several elements of proof. In addition to providing evidence regarding the duty of care owed by the defendant(s) to the plaintiff(s) and the defendant’s alleged breach of that duty, the plaintiff must also provide competent evidence of any physical injuries for which…
Maintaining a cause of action against a governmental entity whose negligence led to a traffic accident can be difficult. Unlike other, private defendants, the State and the entities within it are entitled to certain protections that can make it harder for an injured person or deceased person’s family to prevail…
A Texas car accident case is usually pursued under a legal theory known as “negligence.” To prove negligence, a plaintiff must establish four basic elements: duty, breach of duty, damages, and causation. In the legal sense, a “duty” arises when one person has a responsibility to another to act in…
It may come as a surprise that, during the trial of a Texas car accident case, the jury will most likely hear very little, if anything, about whether the defendant was insured at the time of the accident. The thought behind the rule generally prohibiting such evidence is that, if…
Most east Texas motor vehicle accident cases arise from a collision of some sort – typically, one vehicle striking another, as in a rear-collision or T-bone accident. Of course, there are other ways in which a person can be hurt by a vehicle. For example, a recent appellate case involved…
In a Texas automobile accident case, the plaintiff has only a certain amount of time in which to file a lawsuit against the negligent driver whom he or she believes caused the accident at issue. The plaintiff must also take timely steps to see that this paperwork is served upon…
Getting started on an east Texas car accident case as soon as possible is very important. When a would-be litigant sits on his or her rights, he or she risks possible dismissal of what might otherwise be a valid and potentially valuable claim, if certain procedural hurdles are not met.…
Generally speaking, when a motorist causes an east Texas car accident while he or she is “on the clock,” the motorist’s employer may be named as a defendant in a resulting lawsuit and potentially held vicariously liable to the injured party for his or her medical expenses, lost earnings, and…