In most cases arising out of car accidents, while liability may be disputed, it is clear who was involved in the collision. In some matters, however, the identity of the driver that caused a crash may be disputed as well. As demonstrated in Felipe Martinez Rubio v. Paul Shields No. 01-22-00084-CV, if a plaintiff cannot prove that the defendant was operating the vehicle involved in an accident at the time the accident occurred, the court is likely to dismiss their case. If you were hurt in a collision caused by another driver, it is prudent to talk to a Texas car accident attorney regarding what claims you may be able to pursue.
The Facts of the Case
It is reported that the plaintiff suffered injuries when the car he was driving was struck by a vehicle owned by the defendant. The plaintiff instituted a lawsuit against the defendant, alleging he negligently operated his vehicle, thereby causing the accident and the plaintiff’s harm. During the course of discovery, the defendant admitted that he owned the car involved in the crash but denied that he was driving it when the incident occurred.
Allegedly, the defendant indicated that his nephew was the person responsible for the collision. The defendant ultimately moved for a no-evidence summary judgment, arguing that the plaintiff failed to produce evidence that he was driving the car at the time of the crash or caused the plaintiff’s harm. The trial court granted the motion, and the plaintiff appealed. Continue Reading