Late last month, a state appellate court issued a written opinion in a Texas car accident case requiring the court to determine if the plaintiff’s case against the defendant city should proceed toward trial over the city’s motion for summary judgment. In its motion, the city claimed it was entitled…
Recently, a state appellate court issued a written opinion in a Texas car accident case discussing whether the plaintiff’s case against an allegedly negligent driver’s employer should proceed to trial where the accident occurred while the employee was not on-the-clock. Ultimately, the court concluded that the defendant employer’s no-evidence motion…
Recently, a federal appellate court issued an opinion in a case that was filed against several parties, including the city of Austin, Texas, following a fatal traffic accident that occurred during the South By Southwest (SXSW) festival. According to the court’s opinion, a drunk driver who was fleeing police drove…
Although the Texas Supreme Court had previously held that seat belt non-use could not be considered in a civil case, it more recently decided such evidence can be considered for a limited purpose. It explained the new change in the following case. The Facts of the Case After a crash…
In some accident cases, a personal injury claim may be brought against a minor who is claimed to have been at fault. Such cases can be complicated, and the laws concerning the liability of minors vary from state to state. In Texas, minors are generally liable for their own torts;…
Earlier this month, the Supreme Court of Texas issued a written opinion in a Texas car accident case involving the question of whether the defendant employer could be held liable for the allegedly negligent actions of an employee. Ultimately, the court concluded that the lower court improperly granted the defendant…
Liability in Texas car crashes is generally governed by negligence principles. Negligence refers to a party’s failure to act in a way that an ordinarily prudent person would act under the circumstances to prevent an unreasonable risk of harm. Under Texas law, the elements of a negligence claim are: 1)…
When someone is injured due to the allegedly negligent act of a government employee or entity, they may be entitled to compensation for their injuries through a Texas personal injury lawsuit. However, as a general rule, government entities are not liable for injuries caused by their negligent actions related to…
In a recent Texas car accident case, an on-duty police officer rear-ended the plaintiff’s van. Afterward, the police supervisor came to the scene and spoke to both the police officer and the plaintiff. He prepared the investigative reports. Later, the plaintiff sued the city for damages under the Texas Tort…
In a recent Texas appellate case, a plaintiff appealed the denial of her motion for a new trial after an adverse jury verdict. The plaintiff was a lawyer who was hurt in a car accident when her car was hit by the defendant’s car. The plaintiff’s body and head were…