Most east Texas motor vehicle accident cases arise from a collision of some sort – typically, one vehicle striking another, as in a rear-collision or T-bone accident. Of course, there are other ways in which a person can be hurt by a vehicle.
For example, a recent appellate case involved a student who was injured by a fan on board a school bus. Just as with a collision-based car accident, one of the primary inquiries was likely to be whether the defendant acted negligently – that is, was there a breach of duty that proximately caused the injuries about which the plaintiff complained?
Given that the defendant was a governmental entity, however, another important question had to be addressed first: was the school district immune from suit under the provisions of the Texas Tort Claims Act, or had immunity been waived?