Articles Posted in Negligence

Timeliness is extremely important in the litigation of an east Texas automobile accident case. Even if you are already of aware of the date that the statute of limitations runs in your particular case, there may be other requirements (with earlier deadlines) that require your attention – especially if a governmental entity or employee is likely to be a defendant.

Unfortunately, the failure to take timely legal action or comply with procedural requirements in a car wreck case is usually fatal to the plaintiff’s claim, even if he or she suffered permanent injuries and someone else was obviously at fault. (Even if the case is not ultimately dismissed, waiting too long to talk to a lawyer about your case can cause other issues, such as spoliation of evidence.)

Facts of the Case

In a recent appellate case (Court of Appeals for the Thirteenth District of Texas; No. 13-18-00090-CV), the plaintiffs were a mother and daughter who were injured in an automobile accident allegedly caused by a garbage truck driver employed by the defendant city. The accident happened on May 26, 2015. On May 18, 2016, the plaintiffs sent formal notice of their claim to the city. Continue Reading

Even in a “simple” east Texas car accident case in which one driver seeks monetary compensation from another motorist whose negligence obviously caused the crash, things can get complicated.This is all the more so when two drivers blame each other for an automobile accident. In such a situation, it is very important that the jury be charged appropriately with regard to the assignment of fault, assuming that the evidence warrants such a charge.

Facts of the Case

In a recently decided appellate case (Court of Appeals for the Fourth District of Texas; No. 04-17-00369-CV), the original plaintiff was a man who was hurt in an automobile accident in September 2013. He sued both the driver of the car in which he was riding and the city with whom the other driver was employed at the time of the crash. According to the original plaintiff, both drivers’ negligence contributed to the wreck, and the city was vicariously liable for its employee’s negligence; the respective drivers, however, each claimed that they had the green light at the intersection where the collision occurred.

Even in situations in which liability for an east Texas car accident is clear, there are several factors which can potentially jeopardize the plaintiff’s case. For example, if a plaintiff has pre-existing medical conditions, this can be a factor considered by the jury in determining whether the physical problems about which the plaintiff complains were truly caused by, or at least aggravated by, the crash.

If the jury is of the opinion that the defendant is not to blame for the plaintiff’s current physical condition, the plaintiff will not be able to recovery money damages, even if the defendant admits to being at fault in the wreck.

Facts of the Case

In a recent case (Court of Appeals for the Second District of Texas; No. 02-18-00121-CV), the plaintiff was a woman whose car was rear-ended by the defendant motorist as the plaintiff was traveling in heavy traffic on the interstate. The plaintiff sued the defendant motorist, as well as the plaintiff’s own uninsured/underinsured motorist insurance carrier, seeking monetary compensation for past and future medical-care expenses, impairment, pain, and mental anguish. Continue Reading

When someone brings a lawsuit seeking compensation for injuries suffered in an east Texas automobile accident, he or she may ask for reimbursement for past medical expenses, along with compensation for medical costs that may reasonably be expected to be incurred in the future. However, even in cases in which liability is clear, disputes may arise regarding the amount of money to which the plaintiff is entitled for his or her medical expenses, especially if the plaintiff was a minor at the time of the accident and is not joined in the lawsuit by his or her parents.

Facts of the Case

In a recent case (Court of Appeals for the First District of Texas; No. 01-16-00463-CV), the plaintiff was a young man who sought to recover compensation for injuries he suffered in a car accident that occurred when he was still a minor. The trial court directed a verdict on the plaintiff’s claim for past medical expenses, ruling that the defendant driver could not be held liable for the medical expenses incurred while the plaintiff was still a minor.

In most east Texas car accident cases, the plaintiff must prove, by a preponderance of the evidence, each of the four distinct elements of negligence:  duty, breach of duty, causation, and damages. Occasionally, however, a case arises in which a legal doctrine known as res ipsa loquitur applies.

Res ipsa loquitur is a Latin phrase that means “the thing speaks for itself.” In the context of a negligence lawsuit, a res ipsa loquitur instruction allows the jury to infer negligence from the circumstances of the accident, thereby effectively lowering the burden of proof for the plaintiff.

Facts of the Case

Under Texas law (Texas Rule of Civil Procedure 169, to be exact), there is an “expedited actions process” through which parties to certain civil litigation may ask the court to fast-track their claims. East Texas car accident cases in which $100,000 or less is sought in damages are among the types of cases in which the fast-track route may be sought.

When a case is fast-tracked, the trial court puts limits on things like discovery, continuances, challenges to experts, and the time that the parties have for their presentation of evidence and arguments at trial. On a showing of good cause, a case that would otherwise be qualified for expedited action can be removed from the process by the trial court.

Facts of the Case

There are many issues of timeliness in an east Texas car accident case. First, there is the statute of limitations, which governs the time the injured party has to file his or her claim in court. The statute of repose may also come into play if there is a product liability claim or medical malpractice claim that is part of the car accident case. The time for filing notice of a claim with the government may also be relevant if one of the defendants is a governmental entity.

Once suit is filed, there are many additional deadlines that must be met, including discovery deadlines and time limits on the filing of certain pre-trial motions. While there is not an absolute deadline that says when a trial must occur, the best course of action is to get to trial as soon as possible once the plaintiff has been released from medical care and discovery has been completed. Otherwise, it is possible that the defendant will file a motion to dismiss for want of prosecution, unnecessarily complicating matters and causing additional delay.

Facts of the Case