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Articles Posted in Negligence

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Texas Court of Appeals Says Failure to Give Timely Formal Notice Was Fatal to Claim Against City

Timeliness is extremely important in the litigation of an east Texas automobile accident case. Even if you are already of aware of the date that the statute of limitations runs in your particular case, there may be other requirements (with earlier deadlines) that require your attention – especially if a…

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Texas Court of Appeals Says Jury Should Have Been Asked to Assign Percentage of Responsibility to Parties in Intersection Car Crash Case

Even in a “simple” east Texas car accident case in which one driver seeks monetary compensation from another motorist whose negligence obviously caused the crash, things can get complicated.This is all the more so when two drivers blame each other for an automobile accident. In such a situation, it is…

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Jury Sides with Defendant in Car Accident Case in Which Plaintiff Had Pre-Existing Medical Conditions -Texas Appeals Court Affirms

Even in situations in which liability for an east Texas car accident is clear, there are several factors which can potentially jeopardize the plaintiff’s case. For example, if a plaintiff has pre-existing medical conditions, this can be a factor considered by the jury in determining whether the physical problems about…

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Texas Appeals Court Affirms $0 Award in Car Accident Case, Even Though Parties Stipulated Liability

In most east Texas car accident cases, there are several issues that must be decided – either at trial or through an agreement between the parties. These include fault, damages for personal injury or wrongful death, and/or compensation to the plaintiff for damage to his or her automobile. Sometimes, some…

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Texas Court Deals With Issue of Allegedly Prejudicial Reference to Injured Woman’s Immigration Status in Truck Accident Case

Immigration is a hot-button issue these days. From the feasibility of building a wall to the propriety of separating parents and children at the border, it seems there is a story in the news pertaining to immigration nearly every day. The subject of immigration can even arise in an east…

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Texas Court of Appeals Says Cause of Action for Medical Expenses Incurred While a Minor Belonged to Parents, Rather than Child

When someone brings a lawsuit seeking compensation for injuries suffered in an east Texas automobile accident, he or she may ask for reimbursement for past medical expenses, along with compensation for medical costs that may reasonably be expected to be incurred in the future. However, even in cases in which…

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Texas Appeals Court Says No Damages Should Have Been Awarded After Tire Comes Off Truck and Causes Accident

In most east Texas car accident cases, the plaintiff must prove, by a preponderance of the evidence, each of the four distinct elements of negligence:  duty, breach of duty, causation, and damages. Occasionally, however, a case arises in which a legal doctrine known as res ipsa loquitur applies. Res ipsa…

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Mandamus Relief Granted After Texas Court Shortens Discovery Period by Nearly Half in UM Benefits Case

Under Texas law (Texas Rule of Civil Procedure 169, to be exact), there is an “expedited actions process” through which parties to certain civil litigation may ask the court to fast-track their claims. East Texas car accident cases in which $100,000 or less is sought in damages are among the…

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Volunteer Fire Department Exempt from Suit for Alleged Negligence in Fatal Motorcycle Accident Under Texas Tort Claims Act

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…

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Texas Court Denies Mandamus Relief to Defendants Who Sought Dismissal of 2010 Car Accident Case

There 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…

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