Not all motor vehicle accidents happen on a street or highway. Car, truck, and motorcycle accidents can happen in parking lots, on other private property, and even on racetracks. Just as in other negligence cases, the burden in a Texas car accident case is on the plaintiff to show that the defendant breached a duty of care and that his or her injuries were the proximate result of this breach of duty. The defendant, in turn, may offer up one of more affirmative defenses aimed at preventing the plaintiff from prevailing at trial and/or to reduce any compensation ultimately awarded to the plaintiff in the case. A case of this nature was recently heard by the Texas Appellate Court, which ultimately found that a lower court had made a mistake in dismissing all of the driver’s claims against an allegedly negligence racetrack owner.
Facts of the Case
The plaintiff in a recent case was a driver who was seriously injured when he lost control of his vehicle while participating in activities at a drag strip. His vehicle struck a retaining wall, catching fire and causing him permanent and severe injuries. According to the plaintiff, the accident happened because the defendant drag strip owner had been negligent in not effectively cleaning up fluids spilled in an earlier accident, thus causing the track to be dangerously slick. The plaintiff suffered both orthopedic injuries and severe burns in the crash.
In response to the plaintiff’s claims that it was negligence and grossly negligent in failing to adequately clean the unsafe track conditions, provide appropriate fire-fighting equipment, provide appropriate medical personnel and equipment, and provide an adequately-designed safety retaining wall, the defendant filed a combined no-evidence and traditional summary judgment motion. The district court found in the defendant’s favor as to the combined motion, and the plaintiff appealed.