There are many issues that must be taken into consideration in an east Texas truck accident case. Who are the proper defendants? What are the claims against each? Which court has jurisdiction and venue over the defendants and/or the claims?
Sometimes, issues of venue (i.e., the appropriate court in which a given case should be heard) can complicate an otherwise straightforward case. This is especially true in cases involving corporate defendants.
Facts of the Case
Most east Texas truck accident cases are ultimately settled out of court, although this sometimes happens literally “on the steps of the courthouse.” When an agreement cannot be reached, however, it is a jury that usually decides the case.
When a jury trial is required in an automobile accident case, a party aggrieved by the jury’s findings has a right to appeal the trial court’s judgment entered thereon. While most jury verdicts are affirmed on appeal, the higher courts do sometimes rule that a reversible error occurred in the court below.
Facts of the Case
Insurance is a good thing. In a Texas auto accident case, the settlement or judgment ultimately received by an injured person usually comes from the negligent driver’s liability insurance company. If the defendant did not have insurance (or didn’t have enough coverage to fully compensate the injured person for his or her losses), the injured person may seek compensation from his or her own uninsured/underinsured motorist carrier.
Usually, this involves a single insurance company – the one to which the plaintiff himself has paid premiums. Sometimes, however, there may be another possible source of monetary compensation. When multiple insurance companies are involved, a “simple” case can quickly become complicated.
Facts of the Case
In a Texas truck accident or car crash, it is possible that the negligence of two or more individuals may be found to have contributed to the wreck. Under the principles of proportionate responsibility and comparative fault, the plaintiff may receive less than his or her total damages in such situations if part of the blame for the accident is assigned to him or her.
Likewise, the amount that a particular defendant must pay toward the plaintiff’s damages award can vary depending on the amount of negligence assigned to that defendant. Cases involving multiple defendants can further complicate matters.
Facts of the Case
Most Texas car accident cases settle out of court, but some do go to trial. Usually, this is because the parties have vastly different opinions as to issues such as liability, comparative fault, and damages.
Sometimes, the jury’s verdict will reflect a middle ground between the parties’ respective positions, but it is also possible that the defendant will have to pay a much larger judgment than anticipated or that the plaintiff will receive only a very modest judgment despite allegations of serious injuries and large medical expenses.
Facts of the Case
East Texas truck accidents can be very difficult. Truckers and trucking companies fight liability as fiercely as possible in most cases.
Sometimes, there may be others who could potentially be liable in a truck accident case – for example, a party who failed to properly secure a load that later spilled and caused an accident – but these defendants, too, pull out every possible defense to avoid liability. Fortunately, these tactics are not always successful.
Facts of the Case
In an east Texas car accident lawsuit, a jury has three options: find that the defendant was totally at fault, decide that the plaintiff alone caused the accident, or determine that the parties shared in the blame for the accident.
When both the plaintiff and the defendant are found to have contributed to a crash, the plaintiff can only recover compensation if he or she is less than 50% at fault. In such cases, the plaintiff recovers damages in proportion to the defendant’s fault. Recently, a jury in a truck/motorcycle crash found that the plaintiff had suffered damages of $7 million, but, since the plaintiff himself was 75% at fault in the wreck, he received nothing.
Facts of the Case
In an east Texas auto accident case, the plaintiff has the burden of proof. Unless he or she can convince the jury, by a preponderance of the evidence, that the defendant was negligent, he or she cannot recover money damages.
The trial court judge is tasked with determining which evidence proffered by the respective parties is admissible. Disputes often arise concerning specific pieces of evidence, including whether or not a certain witness should be allowed to testify or whether a particular document should be allowed into evidence to be considered by the jury.
A party who is aggrieved by the trial court’s decision has the right to an appeal – usually, after the case has been tried and a verdict entered.
When someone is hurt due to the negligence of a trucker or trucking company, the burden is on the injured person to prove each element of his or her Texas truck accident case by a preponderance of the evidence. This includes proof of not only the defendant’s duty to the plaintiff and the breach thereof but also the plaintiff’s damages, such as medical expenses (past and future), pain and suffering, and lost income.
Usually, proving medical expenses and lost future earnings requires the testimony of an expert witness. Without this important testimony, the plaintiff’s case can be substantially undervalued.
Facts of the Case
First, the good news: according to data maintained by MADD (Mothers Against Drunk Driving, a nonprofit organization founded by the mother of a child who was killed by a drunk driver), the annual death toll from drunk driving crashes has been steadily declining over the past few decades. When the organization was founded in 1980, over 20,000 people per year were killed by drunk drivers, but now the number of annual fatalities is less than half of that number.
Now, the bad news: a new menace, distracted driving, now claims between 3,000 and 4,000 lives annually across the nation and injures close to another 400,000 individuals.
Texas Injury Lawyer Blog