Truck Accidents Category Archives — Page 4 of 10 — Texas Injury Lawyer Blog Published by East Texas Injury Attorney

January 30, 2017

Texas Court Affirms Substantial Jury Verdict Against Trucker and Trucking Company After Pedestrian’s Death

One of the core components of the American legal system is the right to a trial by jury. While not every civil lawsuit triggers a jury trial, those that do sometimes come with a myriad of issues that the jury must resolve.

In a car accident case, for instance, the jury may be asked to apportion fault between the respective parties, assess compensatory damages, and perhaps resolve other, case-specific issues. The appellate review of a trial court’s entry of judgment on a jury’s verdict can, therefore, be a rather complex endeavor.

January 20, 2017

East Texas Court Affirms $292,000 Verdict in Motor Vehicle Accident Case Involving Armored Truck – Hospadales v. McCoy

by Earl Drott

Many issues, including proportionate responsibility (sometimes known as contributory negligence or comparative fault), can arise in a vehicle accident case. Recently, a Texas appeals court was asked to consider this issue, along with several evidentiary issues, after an accident involving an armored truck left a man with serious injuries.

The jury found in favor of the injured man, awarding him a substantial verdict. Dissatisfied with the result, the defendants appealed.

January 12, 2017

Texas Court Affirms Trial Court’s Judgment on Jury’s $4 Million Verdict in Favor of Injured Motorist in I-20 Truck Accident Case – Greenwood Motor Lines, Inc. v. Bush

by Earl Drott

Although any motor vehicle accident case can be contentious, those resulting from 18-wheeler wrecks are particularly so. This is because semi-truck wrecks so often result in staggering medical expenses and other damages for those who are hurt by a trucker or trucking company’s negligence.

In order to protect the sizable financial assets of those in the trucking industry, the liability insurance limits for truckers and trucking are typically much higher than those for motorists involved in more run-of-the mill car accident cases.

In other words, when a trucker or trucking company’s negligence severely hurts or kills an innocent motorist or passenger, a lot of money is at stake. That typically means a big fight and a lengthy battle, even when liability is clear.

December 28, 2016

Appeals Court in Tyler Finds No Vicarious Liability Against Employer When Employee Was Headed Home for Lunch at Time of Crash – Williams v. Great Western Distributing Company of Amarillo

by Earl Drott

In some cases proceeding under Texas negligence law, the doctrine of respondeat superior can be used hold an employer vicariously liable for the tortious acts of a servant. This includes situations in which an employee’s negligent operation of an automobile results in injuries to an innocent motorist or passenger.

Of course, there are exceptions to the doctrine, and sometimes an employer is relieved of vicarious liability due to the particular circumstances of a given case.

September 8, 2016

Texas Court Affirms $916,262 Judgment Against Negligent Trucker’s Statutory Employer – Ten Hagen Excavating, Inc. v. Lopez

by Earl Drott

In lawsuits involving tractor-trailer accidents, it is often to the plaintiff’s advantage to name as many potential defendants as possible, including the owner of the truck and the truck driver’s employer, if they are different entities. This is because the doctrine of vicarious liability can serve to hold not only a negligent driver but also his or her employer legally liable for damages resulting from the driver’s breach of the duty of care.

Of course, disputes can and often do arise concerning whether or not a given trucking outfit is a statutory employer under state and federal law.

August 19, 2016

Texas Court Affirms Summary Judgment to Last Driver in Line in East Texas Freeway Pileup – Monreal v. Dotsy

by Earl Drott

Personal injury lawsuits, such as those arising from automobile accidents, are most often based on a theory of negligence. In order to be successful in a negligence lawsuit, the plaintiff must prove each of the four elements of negligence by a preponderance of the evidence.

These elements are duty, breach of duty, damages, and causation. If the plaintiff fails to prove any of these elements, his or her case against the defendant will fail, and the plaintiff will recover nothing from that party.

Sometimes it is up to the jury to decide whether the plaintiff has met his or her burden of proof, but sometimes such matters are addressed during pre-trial proceedings before the judge of the court.

July 25, 2016

East Texas Appeals Court Affirms $2.6 Million Verdict in Accident Allegedly Caused by Fatigued Trucker – Rayner v. Dillon

by Earl Drott

Fatigued driving is one of the leading causes of truck accidents in east Texas and across the nation. Although regulations are in place limiting a trucker’s daily and weekly working hours, not all truckers or trucking companies obey the law.

Instead, they falsify log books and other records to make it seem as if a trucker is resting when, in actuality, he is out on the road. Recently, an east Texas trial court sent a strong message discouraging this practice.

July 1, 2016

Federal Court Orders Cross-Plaintiff in Car Crash Case to Undergo IME – McCormick v. Payne

by Earl Drott

A car accident lawsuit involves three distinct phases: pre-trial discovery, trial, and post-trial proceedings (including, in some cases, an appeal). During discovery, each party has an opportunity to discover facts and theories about the other’s case. The idea is that full disclosure will encourage settlement, and it often does.

However, although the ultimate goal may be a mutual agreement to end the litigation, the process is often contentious, involving many motions, hearings, and pre-trial orders.

June 21, 2016

Cable Company and “Spool” Truck Driver Appeal $4 Million Damages Award Resulting from Texas Crash

by Earl Drott

It can take a long time for victims of truck and car accidents to receive fair compensation for injuries suffered in a crash caused by a negligent or reckless driver. In addition to time spent in the discovery and trial phases of litigation, a party who is not satisfied with the trial court’s judgment may opt to appeal the matter to a higher court, causing a further delay.

Recently, a cable company and its driver appealed a $4 million jury verdict, which included a punitive damages award against the company.

June 17, 2016

Texas Court Holds that Trucker’s Employer is Possible “Responsible Third Party” in Product Liability Suit Arising from Truck Braking System – In re Volvo Group North America

by Earl Drott

Truck accidents hurt or kill thousands of motorists, passengers, and pedestrians each year. Sometimes, even truckers themselves perish in these accidents.

A recent case illustrates the challenges that arose when a deceased trucker’s family attempted to seek compensation for their loved one’s wrongful death in a lawsuit that claimed a particular braking system caused the trucker to lose control and plunge off an overpass.