Articles Posted in Automobile Accidents

Car accidents are common throughout Texas, often causing substantial injuries. People involved in collisions will often pursue damages from the responsible parties. As discussed in a recent Texas car accident case, Varavoot Anantasomboon v. Ashley Waggoner (No. 05-23-00390-CV), even if a plaintiff proves a defendant’s negligence caused a crash, they will not be rewarded damages unless they also demonstrate causation. If you sustained injuries in a car accident, it is critical to retain a Texas car accident lawyer to help you fight to protect your interests.

History of the Case

It is reported that the plaintiff and defendant were involved in an automobile accident in July 2019. The plaintiff subsequently filed a negligence suit against the defendant, seeking damages for alleged neck, back, and shoulder injuries. The trial took place in January 2023; the jury found that the defendant’s negligence caused the accident. When asked about compensating the plaintiff for medical expenses, past and future pain, and suffering, the jury awarded zero damages in all categories. Consequently, the trial court entered a judgment awarding the plaintiff zero damages and allowing the defendant to recover her costs from the plaintiff.

Allegedly, the plaintiff filed a motion to modify the judgment and for a new trial, arguing that the jury’s zero-damages verdict was against the overwhelming evidence and manifestly unjust, considering his medical expenses exceeded $30,000. The plaintiff also contended that the defendant should not have been awarded costs since he prevailed on the negligence question. After the trial court denied his motion, the plaintiff appealed. Continue Reading

It is not uncommon for people to have jobs that require them to travel to different locations on a regular basis. In such instances, employers will often provide their employees with company vehicles. Doing so could potentially expose the employer to liability, however, if the employee subsequently causes a collision while using the employer’s vehicle, and people suffer injuries as a result of the crash. People pursuing claims against employers for harm caused by an employee’s car accident must demonstrate that the employer’s negligence directly led to the crash in question, however, otherwise their claims may be dismissed, as demonstrated recently in Jesus Yanez v. Oilpatch NDT, LLC (NO. 14-23-00417-CV), a Texas car accident case. If you suffered harm in a crash, it is smart to talk to a Texas car accident lawyer regarding what claims you may be able to pursue.

History of the Case

It is reported that in late December 2018, the defendant driver visited a friend’s apartment to watch soccer games. He was not working at the time but was driving his employer’s vehicle as his own car was non-functional. He consumed alcohol excessively during the gathering and, while driving home later, blacked out. The defendant driver then collided with the plaintiff’s pickup truck, resulting in significant damage to both vehicles and non-life-threatening injuries to both drivers.

Allegedly, the defendant driver’s blood alcohol level was found to be well above the legal limit, and he was charged with driving while intoxicated. The plaintiff subsequently sued the defendant driver and the defendant employer, alleging negligent supervision and training. The defendant employer moved for dismissal via summary judgment. The court granted the motion, prompting the plaintiff to appeal. Continue Reading

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 accident 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 accident 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

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