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Articles Posted in Negligence

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Injured Woman’s Claim Against Allegedly Negligent Driver’s Employer Failed Due to Lack of Evidence, Per Texas Court of Appeals

Everyone knows that the outcome of a divorce case is often based on the resolution of “he said, she said” factual disputes. East Texas car accident cases are similar in this regard, although it may be “he said, he said” or “she said, she said,” depending on the gender of…

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Clause in Lease Agreement Pertaining to Work at Entertainment Venue Required Arbitration of Texas Dram Shop Claim

When alcohol is a factor in an east Texas car accident, the defendant in the case is usually an allegedly intoxicated driver whose negligence or recklessness caused or contributed to the crash. This is not always the case, however. Under the Texas Dram Shop Act, an establishment that “over-serves” a…

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Texas Court Reverses Summary Judgment to Manufacturer of Tire That Allegedly Blew Out, Causing Wreck

On average, approximately 3,500 to 4,00o people lose their lives in Texas car accidents each year. Tens of thousands more are seriously injured. The cause of a crash may be obvious (such as a speeding driver running a stop sign), or a lengthy investigation may be required in order to…

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Twelfth District Court of Appeals of Texas Affirms “Take Nothing” Judgment in Car Accident Case in Which Only Part of the Defendant’s Deposition Was Admitted at Trial

When people outside the legal field think about an east Texas car accident case, they may envision a courtroom scene with the parties giving their respective testimonies to a jury while a black-robed judge looks down from the bench, glaring at counsel when an objection is sustained. The truth is,…

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Texas Appeals Court Affirms Take-Nothing Judgment, Even Though Defendant Backed Into Plaintiff’s Vehicle

The right to a trial by jury is fundamental to our legal system. In an east Texas car accident lawsuit, the possibility of a jury determining fault and assessing the amount of damages due to an injured person can be a strong encouragement for negligent drivers and their insurers to…

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Texas Juvenile Justice Department Immune From Liability After Van “Parked” by Employee Rolls into Helicopter and Causes $74,000 Worth of Damage

East Texas motor vehicle collisions can happen in a seemingly endless array of circumstances. The most common scenario is when one car strikes another, but accidents can also arise between cars and trucks, trucks and motorcycles, trains and buses, and so on. As one can imagine, the appellate courts have…

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Texas Court of Appeals Affirms $0 Damages Jury Verdict, Despite Defendant’s Admission of Fault

When an east Texas car accident case is tried in front of a jury, many things can happen. The jury may be sympathetic to the injured party and award him or her a generous amount of compensatory damages. Alternatively, the jury may decide that the plaintiff was at fault in…

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East Texas Appellate Court Says Car Accident Litigant Can’t Depose UM/UIM Adjuster Until She Has Judgment Against Responsible Motorist

When someone has been involved in an east Texas car accident, they often assume that their own insurance company will “take care of them” if the person who caused the accident was uninsured or did not have enough insurance coverage to fully compensate those injured in the crash. While it…

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Texas School District Could Be Held Liable for Student’s Wrongful Death While Crossing Street

When someone dies in an accident, those left behind are left with many lingering thoughts and feelings about how and why their loved one passed away. Why did this happen? How will we pay for our loved one’s medical bills and funeral costs? In some situations, an East Texas wrongful…

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