Automobile Accidents Category Archives — Texas Injury Lawyer Blog Published by East Texas Injury Attorney

July 2, 2021

Texas Court Discusses When a Writ of Mandamus is Appropriate is a Car Accident Case

In cases arising out of car accidents, juries are typically tasked with determining not only liability but also damages. To support their claims and defenses, parties will often employ experts to testify on certain issues like what medical treatment and costs were reasonable and necessary. Thus, if a trial court issues an order precluding an expert from testifying, it may greatly impair a party’s case. Recently, the Supreme Court of Texas issued a ruling in In re Alexander Guevara and Jose Alfredo Guevara (05-19-01049-CV), describing the recourse available for a party who has been denied the right to present expert testimony. If you were hurt in a collision, it is advisable to speak to a skillful Texas car accident attorney about your potential claims.

History of the Case

It is reported that the parties were involved in a collision in which the plaintiff suffered bodily harm. Following the accident, the plaintiff sought treatment for his injuries. He subsequently filed a lawsuit against the defendant driver asserting negligence claims. Prior to trial, the plaintiff submitted an expert affidavit averring that his medical care was necessary and the cost of his care was reasonable. The defendant filed counter-affidavits challenging the necessity and reasonableness of the plaintiff’s medical expenses as set forth in his expert affidavits.

Allegedly, the plaintiff moved to strike the defendant’s expert affidavits and preclude his expert, a chiropractor, from testifying, arguing the expert was not qualified and that his opinions were not based on a reliable foundation and were conclusory. The trial court granted the motion. The defendant then petitioned the Supreme Court of Texas, seeking review of the trial court’s order striking the affidavit. Continue Reading

June 11, 2021

Texas Court Should Not Have Allowed Jury to Attribute a Percentage of Fault to the Weather or Road Conditions in a Car Accident Trial

by Earl Drott

In an east Texas car accident trial, the jury is given a set of instructions by which it is to decide the issues of the case. While some of the instructions are considered “boilerplate” and used in many cases, the particular facts of a certain accident may result in a more unique instruction tailored especially for that case.

Such an instruction can be subject to appellate review, as can other decisions made by a trial court during the litigation and trial of a vehicular accident claim. Of course, the trial court is afforded a certain amount of leeway, such that not every error will result in a reversal of the outcome of the matter on appeal.

However, if the trial court is found to have abused the relatively broad discretion granted it with regard to matters such as instructions to a jury – or questions submitted for the jury’s consideration – a reversal is quite possible. In such a situation, it is likely that a retrial will be necessary unless, of course, the parties manage to settle their dispute based on the appellate tribunal’s ruling.

May 17, 2021

Partial Summary Judgment on Liability Concerning Texas Car Accident Reversed on Appeal

by Earl Drott

In an east Texas car accident case, the plaintiff has the burden of proving that the defendant’s negligence caused the accident in which the plaintiff was injured. If the plaintiff does not meet his or her burden of proving negligence by a preponderance of the evidence, he or she will not be entitled to recover money damages.

Sometimes, certain aspects of a case may be adjudicated prior to a jury trial. For instance, if there is not a genuine issue of material fact regarding which party’s failure to meet the applicable standard of care caused the crash, summary judgment may be granted as to the issue of liability.

However, the granting of such a motion is subject to appellate review, if the defendant choses to pursue an appeal. If the appeals court disagrees with the result reached by the trial court, the matter may be reversed and remanded for further proceedings.

April 17, 2021

Texas Court of Appeals Affirms Modest Judgment in Low Impact Car Accident Case in Which the Injured Driver Relied Primarily on Testimony by Non-Treating Chiropractic Expert Witness

by Earl Drott

In an east Texas car accident case, the plaintiff has the burden of proving not only that the defendant was negligent and caused the accident but also that there was a link of proximate causation between the defendant’s breach of the duty of care and the damages for which the plaintiff seeks compensation. This can be a difficult task in some cases.

The attorneys who are hired by the insurance companies of careless drivers are quick to point out any flaws or weaknesses in the plaintiff’s case, as their ultimate goal is to pay out as little as possible on each claim. They can sometimes be particularly effective at discounting the testimony of expert witnesses whom they believe are unqualified to render an opinion about the nature and/or extent of the plaintiff’s injuries and associated medical costs.

Facts of the Case

In a car crash lawsuit recently considered on appeal, the plaintiff was a motorist who was rear-ended by the defendant driver while stopped at a red light. At the time of the collision, the parties agreed that it was a minor accident and that it was not necessary to call the police. A few days after the accident, the plaintiff begin to experience pain in his lower back, hip, and wrist. The plaintiff later sought medical care, which included chiropractic care, an MRI (which showed two disk protrusions or herniations), physical therapy, and steroid injections.

March 16, 2021

Texas Appeals Court Finds that Summary Judgment Based on Release Was Improper, Given Alleged Mistake Concerning Extent of Release

by Earl Drott

Most east Texas car accidents settle prior to an actual jury trial. When this happens, it is vitally important that all concerned parties fully understand the nature and extent of the agreement.

Unfortunately, there can sometimes be misunderstandings between the parties concerning the settlement agreement. This can potentially result in additional litigation, including a request for a court to interpret the agreement if a dispute arises.

Facts of the Case

In a recent car accident case considered on appeal, the plaintiff was a mother who sought to assert a claim for herself and her minor child following an automobile accident allegedly caused by the negligence of the defendant motorist. The defendant asserted an affirmative defense wherein he relied on a release and indemnity agreement that had allegedly been signed by the plaintiff and her husband a year earlier. Under the terms of the release, the defendant paid $6500 to the plaintiff’s husband, who was also involved in the accident along with the plaintiff and their minor child. As the litigation progressed, the defendant served requests for admissions on the plaintiff, but she did not answer them.

February 14, 2021

Texas Appeals Court Affirms “Take Nothing” Judgment in Wrongful Death Case Arising from Tractor Trailer and Passenger Car Crash

by Earl Drott

In some east Texas truck accident cases, liability is clear. Everyone agrees who was at fault, but a trial may still be necessary because of a disagreement about the amount of money that it will take to fully compensate the plaintiff for the injuries caused by the defendant’s negligence.

In other cases, however, both liability and damages are contested, and the jury must decide both who was at fault and the amount of money due the “innocent” (or less at-fault, as the case may be) driver. Of course, the jury must follow certain rules and instructions in so doing, and it is not unusual for the losing side to file an appeal, arguing that the trial court gave erroneous instructions or that the jury misapplied the directions given by the judge.

Once the case reaches the appellate court level, the reviewing court has a few choices. It can reverse the lower court’s decision and send the case back for a retrial; it can opine that, although some error may have occurred, it did not ultimately affect the outcome of the proceedings; or it can determine that there were no errors made by the lower court.

January 16, 2021

Texas Appellate Tribunal Affirms Verdict for Plaintiff in Car Wreck Case

by Earl Drott

In an east Texas car accident lawsuit, the plaintiff has the burden of proving his or her case by a preponderance of the evidence. This means that he or she must provide enough legally admissible evidence to sway the jury in his or her favor. Simply asserting that he or she was in the right is not likely to carry the day, as the jury will most likely hear a similar assertion from the defendant, who will also claim, “It wasn’t my fault!”

Rather, the prevailing party should have other evidence, such as photographs from the accident scene, the testimony of disinterested witnesses, and (sometimes) an expert’s opinion as to the cause of the crash. Such proof is much more likely to carry the day than the word of the plaintiff (or defendant) alone.

It is important to note, however, that there are rules that govern both the gathering of evidence prior to trial and the admission of evidence during trial. The trial court judge has some discretion when it comes to enforcing these rules, and the appellate court may occasionally weigh in on the matter as well, via the appellate process.

November 10, 2020

Texas Court of Appeals Enters Take Nothing Judgment in Car Accident Case Allegedly Caused by Trooper Who Proceeded Through Red Light During Emergency

by Earl Drott

In most east Texas car accident cases, the fact that one party ran a red light and caused a collision is fairly convincing evidence that the defendant was negligent and should be held liable for the plaintiff’s injuries. After all, the duty to stop at a red light is one of the basic rules of the road.

However, there are a few, very limited circumstances in which this factual scenario might not play out in the plaintiff’s favor. An example of a possible exception to the general rule might be when the allegedly negligent motorist was a public employee who was on the job at the time of the wreck – if certain conditions were present.

Of course, the simple fact that the defendant was a public employee does not in and of itself end the inquiry into whether the plaintiff will prevail in his or her negligence lawsuit. There are multiple factors that must be taken into consideration in determining whether the defendant is entitled to certain immunity protections under the facts presented.

October 14, 2020

Appellate Court Dismisses Insurance Company’s Appeal in Case Involving Subrogation Claim in Automobile Accident Lawsuit in East Texas

by Earl Drott

Each car accident case in Texas must stand on its own merits. The specific facts – as well as the particular parties – that are part of a given accident will inform the ultimate outcome of the case.

The more parties and claims that arise from a particular collision, the more complex the litigation is likely to be. Even in a simple crash involving only two individuals, it is wise to consult an attorney before speaking to the at-fault driver’s insurance company.

Speaking with counsel is even more important when multiple parties and/or multiple claims are involved. An experienced east Texas car accident attorney can help protect the victim’s legal rights as the case moves forward through the court system.

September 15, 2020

Verdict of $31.7M to Injured Motorist in Truck Accident Suit Reversed on Appeal; Case Now Headed for Retrial in Texas

by Earl Drott

Big rigs, semis, and 18-wheelers can cause devastating personal injuries and even wrongful death in a truck accident. It only takes a few seconds for a trucker’s inattention or negligent conduct to cause a crash that can forever devastate those who are in his or her path.

Fortunately, truckers and the trucking outfits that employ them usually have sizable liability insurance limits, such that the plaintiff’s medical expenses, lost earnings, and other damages can be taken care of. Of course, just because such coverage exists does not automatically mean that the insurance company will be willing to pay out even a dime without a fight.

An experienced east Texas truck accident litigation attorney can help the accident victim and his or her family understand their legal rights and help them fight for what is right. It is important that those who have been hurt by a careless or reckless truck driver speak to counsel as soon as possible after an accident; you can bet the insurance company will have someone on the scene within a short time, but that person (or, more likely, that team of professionals) will only be looking out for the insurance company’s bottom line, not for what’s right for the injured person.