In cases arising out of truck accidents, the parties will typically engage in discovery. Under Texas law, parties can seek information via discovery that will support their claims and defenses. Discovery cannot be used as a fishing expedition, however, and overbroad requests may be quashed, as illustrated in In re…
In Texas, governmental immunity protects municipalities and other political subdivisions of the State from civil liability unless they have waived their immunity to suit. Governmental immunity often extends to employees of municipalities as well. In cases in which a party asserts they are protected from liability via governmental immunity, the…
Discovery is an essential component of car accident cases; without it, parties would not be able to adequately develop their claims or defenses. Not all information and documentation is discoverable, however, and even if evidence is subject to discovery, it may be protected by one or more privileges. Relevance and…
Generally, people seeking compensation for injuries sustained in a car accident will name the driver of one of the vehicles involved in the collision as a defendant. Other parties may be deemed liable as well, however, if the judge or jury finds that their actions contributed to the plaintiff’s harm.…
Typically, people believe that rear-end collisions are caused by the carelessness of the second driver. While that is frequently the case, the occurrence of a rear-end collision does not establish negligence as a matter of law; rather, the plaintiff must prove each element of negligence to recover damages. This was…
All licensed Texas drivers have a duty to operate their vehicles in a safe manner, including police officers. While police officers are not invulnerable to being involved in collisions, they are largely immune from liability. Recently, a Texas court discussed what a police officer must show to demonstrate they are…
Vehicles owned by government units are not immune to collisions. Under Texas law, however, government units enjoy substantial protection from liability for harm that arises out of such collisions. While government units are not entirely immune to liability, an injured party must comply with the notice requirements established by the…
Ride-sharing drivers are prevalent throughout Texas, and many people take an Uber or Lyft instead of driving. People who drive for ride-sharing companies are typically independent contractors rather than employees; as such, if they negligently cause collisions, the ride-sharing company will most likely not be deemed vicariously liable. In a…
Many employees are required to drive to and from certain locations as part of their job duties. If an employee subsequently causes a collision while driving for work purposes, both the employee and their employer may be deemed liable for any harm that ensues. Employers will only be held accountable…
It is well-established under Texas law that attorneys are permitted and expected to advocate zealously on behalf of their clients, but they are subject to limitations with regard to the arguments they can make to the jury. Thus, if an attorney makes an improper argument, the opposing party may have…