Personal Injury Category Archives — Texas Injury Lawyer Blog Published by East Texas Injury Attorney

January 30, 2024

Court Discusses Discoverable Materials in Texas Car Accident Cases

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

June 11, 2021

Texas Court Should Not Have Allowed Jury to Attribute a Percentage of Fault to the Weather or Road Conditions in a Car Accident Trial

by Earl Drott

In an east Texas car accident trial, the jury is given a set of instructions by which it is to decide the issues of the case. While some of the instructions are considered “boilerplate” and used in many cases, the particular facts of a certain accident may result in a more unique instruction tailored especially for that case.

Such an instruction can be subject to appellate review, as can other decisions made by a trial court during the litigation and trial of a vehicular accident claim. Of course, the trial court is afforded a certain amount of leeway, such that not every error will result in a reversal of the outcome of the matter on appeal.

However, if the trial court is found to have abused the relatively broad discretion granted it with regard to matters such as instructions to a jury – or questions submitted for the jury’s consideration – a reversal is quite possible. In such a situation, it is likely that a retrial will be necessary unless, of course, the parties manage to settle their dispute based on the appellate tribunal’s ruling.

May 17, 2021

Partial Summary Judgment on Liability Concerning Texas Car Accident Reversed on Appeal

by Earl Drott

In an east Texas car accident case, the plaintiff has the burden of proving that the defendant’s negligence caused the accident in which the plaintiff was injured. If the plaintiff does not meet his or her burden of proving negligence by a preponderance of the evidence, he or she will not be entitled to recover money damages.

Sometimes, certain aspects of a case may be adjudicated prior to a jury trial. For instance, if there is not a genuine issue of material fact regarding which party’s failure to meet the applicable standard of care caused the crash, summary judgment may be granted as to the issue of liability.

However, the granting of such a motion is subject to appellate review, if the defendant choses to pursue an appeal. If the appeals court disagrees with the result reached by the trial court, the matter may be reversed and remanded for further proceedings.

March 16, 2021

Texas Appeals Court Finds that Summary Judgment Based on Release Was Improper, Given Alleged Mistake Concerning Extent of Release

by Earl Drott

Most east Texas car accidents settle prior to an actual jury trial. When this happens, it is vitally important that all concerned parties fully understand the nature and extent of the agreement.

Unfortunately, there can sometimes be misunderstandings between the parties concerning the settlement agreement. This can potentially result in additional litigation, including a request for a court to interpret the agreement if a dispute arises.

Facts of the Case

In a recent car accident case considered on appeal, the plaintiff was a mother who sought to assert a claim for herself and her minor child following an automobile accident allegedly caused by the negligence of the defendant motorist. The defendant asserted an affirmative defense wherein he relied on a release and indemnity agreement that had allegedly been signed by the plaintiff and her husband a year earlier. Under the terms of the release, the defendant paid $6500 to the plaintiff’s husband, who was also involved in the accident along with the plaintiff and their minor child. As the litigation progressed, the defendant served requests for admissions on the plaintiff, but she did not answer them.

January 16, 2021

Texas Appellate Tribunal Affirms Verdict for Plaintiff in Car Wreck Case

by Earl Drott

In an east Texas car accident lawsuit, the plaintiff has the burden of proving his or her case by a preponderance of the evidence. This means that he or she must provide enough legally admissible evidence to sway the jury in his or her favor. Simply asserting that he or she was in the right is not likely to carry the day, as the jury will most likely hear a similar assertion from the defendant, who will also claim, “It wasn’t my fault!”

Rather, the prevailing party should have other evidence, such as photographs from the accident scene, the testimony of disinterested witnesses, and (sometimes) an expert’s opinion as to the cause of the crash. Such proof is much more likely to carry the day than the word of the plaintiff (or defendant) alone.

It is important to note, however, that there are rules that govern both the gathering of evidence prior to trial and the admission of evidence during trial. The trial court judge has some discretion when it comes to enforcing these rules, and the appellate court may occasionally weigh in on the matter as well, via the appellate process.

December 14, 2020

Texas Appellate Court Affirms $16.4 Million Verdict in Multi-Vehicle Truck Crash Case

by Earl Drott

An east Texas truck accident case can involve many potential parties and multiple theories of liability. It is important that a family who has been impacted by such a collision retain counsel experienced in this area of the law.

There may be any number of issues that develop during the course of litigation, such as who was negligent and whether any defendant’s employer should be held vicariously liable. Insurance coverage issues may also be present.

Such cases require special care from beginning to end, starting with a thorough investigation of the accident scene and the retention of expert witnesses. It can also be anticipated that any verdict obtained on the plaintiff’s behalf may become the subject of a post-trial appeal.

November 10, 2020

Texas Court of Appeals Enters Take Nothing Judgment in Car Accident Case Allegedly Caused by Trooper Who Proceeded Through Red Light During Emergency

by Earl Drott

In most east Texas car accident cases, the fact that one party ran a red light and caused a collision is fairly convincing evidence that the defendant was negligent and should be held liable for the plaintiff’s injuries. After all, the duty to stop at a red light is one of the basic rules of the road.

However, there are a few, very limited circumstances in which this factual scenario might not play out in the plaintiff’s favor. An example of a possible exception to the general rule might be when the allegedly negligent motorist was a public employee who was on the job at the time of the wreck – if certain conditions were present.

Of course, the simple fact that the defendant was a public employee does not in and of itself end the inquiry into whether the plaintiff will prevail in his or her negligence lawsuit. There are multiple factors that must be taken into consideration in determining whether the defendant is entitled to certain immunity protections under the facts presented.

October 14, 2020

Appellate Court Dismisses Insurance Company’s Appeal in Case Involving Subrogation Claim in Automobile Accident Lawsuit in East Texas

by Earl Drott

Each car accident case in Texas must stand on its own merits. The specific facts – as well as the particular parties – that are part of a given accident will inform the ultimate outcome of the case.

The more parties and claims that arise from a particular collision, the more complex the litigation is likely to be. Even in a simple crash involving only two individuals, it is wise to consult an attorney before speaking to the at-fault driver’s insurance company.

Speaking with counsel is even more important when multiple parties and/or multiple claims are involved. An experienced east Texas car accident attorney can help protect the victim’s legal rights as the case moves forward through the court system.

September 15, 2020

Verdict of $31.7M to Injured Motorist in Truck Accident Suit Reversed on Appeal; Case Now Headed for Retrial in Texas

by Earl Drott

Big rigs, semis, and 18-wheelers can cause devastating personal injuries and even wrongful death in a truck accident. It only takes a few seconds for a trucker’s inattention or negligent conduct to cause a crash that can forever devastate those who are in his or her path.

Fortunately, truckers and the trucking outfits that employ them usually have sizable liability insurance limits, such that the plaintiff’s medical expenses, lost earnings, and other damages can be taken care of. Of course, just because such coverage exists does not automatically mean that the insurance company will be willing to pay out even a dime without a fight.

An experienced east Texas truck accident litigation attorney can help the accident victim and his or her family understand their legal rights and help them fight for what is right. It is important that those who have been hurt by a careless or reckless truck driver speak to counsel as soon as possible after an accident; you can bet the insurance company will have someone on the scene within a short time, but that person (or, more likely, that team of professionals) will only be looking out for the insurance company’s bottom line, not for what’s right for the injured person.

August 15, 2020

Texas Appellate Court Affirms in Part, Modifies in Part $1 Million Judgment in Car Wreck Case

by Earl Drott

If you have been hurt or lost a family member in an east Texas car accident caused by another driver’s negligence, you have the right to file a lawsuit seeking fair compensation. If you are unable to reach a settlement with the opposing party, your case may be tried by a jury, who will determine who was at fault and the amount of money damages to which you are entitled.

There are many rules of civil procedure that govern trial practice in Texas. An experienced trial lawyer can explain how those procedural rules may affect your case, should it proceed to trial.

Keep in mind that, although the majority of cases do settle prior to trial, it is important to assume that your case will be fully litigated – all the way to trial and maybe even through the appellate process – and prepare accordingly. Insurance companies can tell when an injured party isn’t prepared to go to trial, and they base their offer accordingly.