In an east Texas auto accident case, the plaintiff has the burden of proof. Unless he or she can convince the jury, by a preponderance of the evidence, that the defendant was negligent, he or she cannot recover money damages. The trial court judge is tasked with determining which evidence…
When someone is hurt due to the negligence of a trucker or trucking company, the burden is on the injured person to prove each element of his or her Texas truck accident case by a preponderance of the evidence. This includes proof of not only the defendant’s duty to the…
First, the good news: according to data maintained by MADD (Mothers Against Drunk Driving, a nonprofit organization founded by the mother of a child who was killed by a drunk driver), the annual death toll from drunk driving crashes has been steadily declining over the past few decades. When the…
If you or a family member has recently been involved in a motor vehicle accident in east Texas, you probably have a lot of questions, beginning with, “How long do I have to file a claim?” Unfortunately, there is not a one-size-fits-all answer to that question. While there is a…
Generally speaking, Texas law prevents those who are entitled to receive workers’ compensation benefits from filing a negligence lawsuit against their employer or co-workers. Of course, who exactly is or is not an “employer” can be the subject of great dispute. Recently, a Texas appeals court was called upon to weigh in…
Under Texas tort law, a person who is hurt due to the negligence of another individual, a business, or a governmental entity has the option of filing a civil lawsuit seeking compensation for damages such as pain and suffering, lost wages, and medical expenses. In order to establish a prima facie…
If you’re old enough, you may remember when a certain national pizza chain guaranteed that your pizza would be delivered within 30 minutes. If it took longer than that for your pizza to arrive at your front door, it was free. The pizza company ended that marketing campaign many years…
Motor vehicle accidents are not planned. As the recent east Texas accidents highlighted below reveal, a crash can happen in a split second, sometimes under highly improbable circumstances, forever changing the lives of innocent motorists, passengers, and even pedestrians in the process. Those who are injured (or whose loved ones perish)…
The Court of Appeals for the Twelfth Court of Appeals District at Tyler, Texas, has now made a decision in a truck accident case that we first brought to your attention last summer. The case, which arose as a result of a truck-car accident in Gregg County, resulted in a…
Preparing a lawsuit for trial can be a time-consuming and expensive endeavor. In addition to retaining experts on the plaintiff’s behalf, plaintiff’s counsel may also find it necessary to depose the experts retained by the defendant in order to anticipate how a particular expert witness’s testimony is likely to impact the…