Articles Posted in Automobile Accidents

Car accidents, unfortunately, occur with regularity in Texas, and while some are minor, many cause substantial harm. People injured in collisions have the right to pursue claims against the responsible parties, but if they fail to adequately demonstrate the crash in question was caused by another person’s negligence, their quest for justice may be denied. While there are grounds for vacating unfavorable verdicts in car accident cases, courts do not grant such requests lightly, as demonstrated in a recent Texas case, Mark Mandel v. Aaron Paul Cooper et al. (No. 06-23-00062-CV). If you were hurt in a car accident caused by someone else’s carelessness, you could be owed damages, and it is in your best interest to speak to a Texas car lawyer about your options.

Factual and Procedural History of the Case

It is reported that following a collision on an interstate highway, the plaintiff sued the defendant. The plaintiff’s complaint alleged that the defendant, who was working for a company at the time of the accident, negligently collided with his truck. The plaintiff further contended that the defendant’s employer, the company for which the defendant was working during the collision, should also be held liable.

It is alleged that at trial, both parties presented conflicting testimonies regarding the circumstances leading to the accident. The plaintiff claimed that his truck was properly lit and safely parked on the shoulder, while the defendant argued that the plaintiff’s truck was not adequately visible, partially obstructing the roadway. The jury ultimately found that neither party was negligent, resulting in a take-nothing judgment against the plaintiff. The plaintiff appealed the trial court’s judgment, asserting multiple errors. Continue Reading

People involved in car accidents often suffer substantial losses. As such, they will frequently choose to pursue claims against the parties responsible for the collision. In order to prevail, they must demonstrate liability, which means, in part, they have to prove causation. Medical records are usually a key component in proving fault in car crash cases, and as discussed in a recent opinion issued in In Re Westside Roofing, LLC and Paul Scott Lowery (No. 03-23-00219-CV), a Texas car accident case, they are typically relevant and discoverable. If you sustained injuries in a collision caused by another party’s reckless actions, you have the right to pursue compensation, and you should consult a Texas car lawyer to assess your potential claims.

Case Setting

It is reported that the plaintiff sustained injuries in a collision with a truck driven by the defendant driver, who was an employee of the defendant company. The accident occurred when the defendant driver attempted to pass the plaintiff’s vehicle, resulting in contact between the truck’s rear bumper and the plaintiff’s vehicle. The plaintiff, claiming severe bodily injuries, sought damages exceeding $1 million.

Allegedly, the defendants disputed causation and sought extensive medical records from the plaintiff’s treating physicians, extending six years before the collision. The plaintiff moved to quash the discovery, alleging it was overbroad and irrelevant to the claims. The trial court conducted a hearing, after which it granted the motion to quash as to some, but not all, of the plaintiff’s providers. The defendants filed a petition for a writ of mandamus, asserting an abuse of discretion by the trial court in quashing the discovery. Continue Reading

Most car accidents that occur in Texas are caused to some degree by negligence. While in many instances, the negligent act that causes a collision is careless driving, in some cases, the negligent performance of professional duties, such as designing and executing traffic plans, may be to blame. While injured parties have the right to pursue claims against engineering firms and other negligent parties that may have contributed to their harm, they must meet any applicable procedural requirements; otherwise, their claims may be dismissed, as illustrated in a recent Texas case, Lina T. Ramey & Associates, Inc. v. Dana Wilkie, et al. No. 05-23-00562-CV. If you were hurt in a collision brought about by another party’s carelessness, it is smart to talk to a Texas car accident attorney about what steps you can take to protect your rights.

Factual History of the Case and Procedural Background

It is reported that the decedent was involved in a head-on collision with another driver in March 2021 on a portion of a Texas highway that was under construction. The plaintiffs, representatives of the decedent’s estate, sued the defendant, a civil engineering firm involved in the traffic control plan for the construction. The plaintiffs alleged negligence and premises liability, asserting that the defendants’ flawed plan caused the collision.

Allegedly, the defendants moved to dismiss, arguing non-compliance with section 150.002 of the Civil Practice and Remedies Code, as the plaintiffs’ complaint was not accompanied by a certificate of merit signed by a licensed Texas engineer. The plaintiffs contended a certificate of merit wasn’t needed for claims related to the defendant’s failure to inspect the site, as it wasn’t engineering design. The trial partially granted the defendant’s motion to dismiss, allowing the claims related to lane markings to proceed, and the defendant appealed. Continue Reading

It is not uncommon for employees of municipal entities to be involved in collisions while in the course of their work. While such entities may be liable for any harm caused by such crashes, people pursuing claims against cities must comply with the requirements set forth under the Texas Torts Claims Act, as discussed in Brian F. Wilson v. City of Houston (NO. 14-22-00666-CV), a recent Texas car accident case. If you were injured in a car crash, you have the right to seek damages from the responsible parties, and you should speak to a Texas car accident attorney as soon as possible.

Case Background

It is reported that the plaintiff filed a lawsuit against the defendant City, alleging negligence and other causes of action after a collision between his vehicle and a City fire truck responding to an emergency call in September 2017. The plaintiff initiated the legal proceedings in September 2019, asserting claims under the Texas Torts Claim Act (TTCA) and additional allegations, including negligence, gross negligence, negligence per se, negligent entrustment, negligent hiring, and exemplary damages.

Allegedly, in response, the defendant filed a combined traditional and no-evidence motion for summary judgment, contending, among other things, that Wilson failed to provide timely notice of his claims as required by the TTCA. The trial court granted the motion, prompting the plaintiff to appeal. Continue Reading

Car accidents are common in Texas, and while some people involved in collisions are fortunate enough to walk away unscathed, many sustain significant trauma. Regardless, it is not uncommon for defendants in car accident cases to argue that a plaintiff’s harm arose out of something other than the subject collision. Recently, in the case of Rankin v. Hernandez, the plaintiffs, Erica Hernandez, Delcia Saldana, and Chantay Solano (NO. 14-22-00565-CV), the Court of Appeals of Texas Houston (14th Dist.) discussed what constitutes sufficient evidence to establish causation in car accident cases. If you were hurt in a collision, you may be owed compensation, and you should talk to a Texas car accident about your possible claims.

History of the Case

It is reported that the plaintiffs were involved in a car accident when they were rear-ended by a vehicle driven by the defendant. Following the accident, the plaintiffs sought medical treatment for neck and back injuries from a chiropractor. They subsequently filed a negligence lawsuit against the defendant, seeking damages for their injuries. The case proceeded to a jury trial.

Allegedly, the jury returned a verdict awarding a total of $143,000 in damages for the three plaintiffs. The defendant appealed, arguing that the evidence was insufficient to establish a causal relationship between the accident and the injuries claimed by the plaintiffs. Continue Reading

In Texas, car accident injury victims typically have a two-year window from the collision date to file claims against the responsible party. However, if the responsible party is a state political subdivision, the injured party must provide them notice of the claim well before the statute of limitations runs. Failure to comply with them can lead to the dismissal of your claims, even if filed within the statute of limitations.  A recent ruling issued in City of Houston v. Bustamante (NO. 01-22-00699-CV) discussed what constitutes sufficient notice in such cases. If you were involved in a car accident, it is smart to consult a Texas car accident attorney promptly to protect your right to recover compensation.

Factual and Procedural Background

It is reported that in 2019, the plaintiffs were traveling eastbound on a street in Houston, Texas. The firefighters and paramedics employed by the defendant were traveling northbound on another street in response to a 911 call. As the defendant’s employees proceeded through the intersection of the two streets, they collided with the plaintiff’s vehicle. The plaintiff and her children were transported to a hospital for evaluation and treatment.

Allegedly, an officer from the Houston Police Department investigated the accident and charged the plaintiff with failure to yield to an emergency vehicle. In April 2021, the plaintiff sued the defendant for negligence, alleging that the defendant’s employees failed to yield the right of way and T-boned the plaintiff’s vehicle in the intersection. She claimed to have timely provided written notice of their claim and damages to the defendant. The defendant responded by asserting governmental and official immunity as defenses, arguing that the plaintiff failed to provide timely written notice of their claim as required by Texas law. Continue Reading

In Texas lawsuits arising out of collisions, a plaintiff generally must establish two elements to prevail: liability and damages. In other words, even if a plaintiff proves that the defendant caused a collision, they may not ultimately be awarded significant compensation if they cannot also demonstrate that the collision caused them to suffer measurable harm. The importance of proving both liability and damages was illustrated in a recent Texas case, Danae Ruth McGann v. Hannah J. Lilly (No. 05-22-00455-CV), in which the jury found in favor of the plaintiff but awarded her nominal damages. If you sustained injuries in a collision caused by a reckless driver, it is in your best interest to speak to a Texas car accident lawyer about your potential claims.

History of the Case

It is alleged that the plaintiff suffered injuries in a car accident. The plaintiff sued the defendant for negligence related to the crash, claiming the collision caused her debilitating post-concussion syndrome. At trial, the plaintiff presented expert testimony from several medical providers who treated her after the accident and attributed her symptoms to a traumatic brain injury from the collision. In response, the defendant elicited evidence that the plaintiff had inconsistently testified about her pre-accident conditions and symptoms and had withheld relevant medical history from post-accident treaters.

It is also reported that the defendant also presented expert testimony from a physician and accident reconstructionist, who opined, based on the accident forces and the plaintiff’s pre-existing conditions, that the collision did not cause her alleged injuries. He testified her symptoms predated the accident and that secondary gain was a factor. The jury awarded limited damages to the plaintiff, who appealed the judgment. Continue Reading

The Texas Tort Claims Act law generally protects governmental entities from civil liability. There are exceptions, however, under which parties injured by government employees acting in their scope of work can pursue claims against the government. In doing so, they must follow the proper procedure, which, in part, requires them to provide the government entity with notice of their claim within the statutory timeframe. In a recent Texas case arising out of a collision involving an ambulance, City of Alvin, v. Edna Fields (No. 01-22-00572-CV), the court discussed what evidence is needed to establish actual or constructive notice. If you were injured in a crash caused by another party’s negligence, you might be owed damages, and you should meet with a Texas car accident lawyer at your earliest convenience.

Factual and Procedural Setting

It is reported that in October 2019, the plaintiff called 911 due to a headache and weakness in her left arm. She had suffered an intracranial bleed two weeks prior.  Emergency medical technicians employed by the defendant city responded. After assessing the plaintiff, they suspected she suffered a stroke, and they decided to transport her to the hospital via ambulance.

It is alleged that while approaching an intersection at about 65 miles per hour, the ambulance entered against a red light, colliding with a pickup truck. No significant injuries were reported at the scene. The plaintiff filed a lawsuit nearly two years later, alleging negligence claims against the defendant and the pickup truck driver. The defendant claimed governmental immunity, arguing that the plaintiff failed to give the defendant notice of her claim within six months. The trial court denied the defendant’s plea to the jurisdiction and motion to dismiss. The defendant appealed. Continue Reading

Pursuant to Texas law, parties that cause fatal collisions may be deemed liable for any damages sustained by the deceased person’s survivors as a result of the accident. These damages include not only economic harm, like the cost of medical care or lost earnings, but also non-economic losses, including mental trauma and anguish. Regardless of the character of the compensation awarded, however, it must be reasonable and fair, as discussed in Gregory v. Chohan, 66 Tex. Sup. Ct. J. 1086 (2023), a case in which the court found that the evidence did not support the non-economic damages awarded to the plaintiffs for wrongful death claims. If you lost a loved one in a collision, it is in your best interest to speak to a Texas car accident lawyer regarding what claims you may be able to pursue.

Factual and Procedural Setting

It is reported that the widow of the decedent, along with their children and the decedent’s parents, brought a wrongful death action against the driver of a jackknifed truck and the driver’s employer. The plaintiffs alleged that the jackknifed truck caused a multi-vehicle accident on the interstate, resulting in the death of the trucker while he was outside his truck. The plaintiffs set forth vicarious liability claims against the employer, as well as claims for negligent entrustment, supervision, and training.

Allegedly, after a jury trial, the court entered a judgment in favor of the plaintiffs and awarded them approximately $16.8 million; the vast majority of the damages award constituted non-economic damages for the loss of the decedent’s companionship and the mental anguish caused by his death. The driver and employer appealed the decision, but the court of appeals affirmed the judgment. The driver and employer then petitioned for review. Continue Reading

Under Texas law, government agencies have sovereign immunity from tort claims pursuant to the Texas Tort Claims Act. The immunity can be waived in certain circumstances, however, such as when a government employee harms a person via a motor vehicle used in the course and scope of their employment. Recently, the Texas courts discussed said waiver in Martin v. Village of Surfside Beach (NO. 14-22-00085-CV), a case in which the plaintiff appealed the trial court’s dismissal of her claims. If you were hurt in a car crash involving a government employee, you may be owed damages, and you should contact a Texas car accident attorney as soon as possible.

Factual Background

It is reported that the plaintiff was involved in a car accident with the defendant’s employee,  a was driving a truck owned by the defendant. The plaintiff claimed to have suffered serious injuries as a result of the collision. The plaintiff filed a lawsuit against defendant’s employee and the defendant, alleging negligence on the employee’s part for not yielding at a stop sign and arguing that the defendant was responsible under the legal principle of respondeat superior.

Allegedly, Defendant then sought to dismiss Defendant’s employee from the case, and the plaintiff dropped her claims against him while continuing with the case against the defendant. The defendant argued in its plea to the jurisdiction that the plaintiff had not demonstrated a waiver of governmental immunity under the Texas Tort Claims Act, as the employee was not acting within the scope of his employment during the accident. To support its plea, the defendant presented a declaration from Defendant’s employee stating that he had left work, ran a personal errand, and was driving home when the collision occurred. The trial court accepted the defendant’s plea and dismissed the plaintiff’s claims. The plaintiff appealed. Continue Reading

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