In a recent case, a U.S. Court of Appeals for the Fifth Circuit rejected a Texas personal injury claim against Apple. The plaintiff alleged that a driver’s “neurobiological response” to a text message notification caused a fatal car crash. According to the facts alleged in the plaintiff’s complaint, a text…
In Texas, drunk driving is taken seriously by lawmakers, police, and prosecutors. Yet, despite the decades-long efforts of government agencies and non-profit organizations, drunk driving is still a major problem in Texas. Indeed, each year there are approximately 17,000 Texas DUI accidents, claiming the lives of nearly 1,000 Texans annually.…
While some Texas car accidents are caused exclusively by the negligence of one party, many accidents are the result of shared responsibility. In these cases, Texas courts use the state’s proportionate liability statute to determine which accident victims can pursue a claim against the other parties involved in the accident. …
Any individual in Texas who operates a motor vehicle while intoxicated commits the offense of driving while intoxicated. This includes intoxication not only by alcohol, but also by illegal drugs and even prescription drugs, as long as the drugs have an intoxicating effect on the driver. If a driver is…
In a recent dram shop case before a Texas court of appeals, the appeals court considered whether the bar could be held liable for over-serving a customer who was later involved in a car crash. The Facts According to the court’s opinion, the plaintiff was driving his motorcycle one night…
Drunk driving is a serious concern throughout the country, but the issue is even more concerning in Texas. According to the Centers for Disease Control and Prevention (CDC), 13,138 people were killed in crashes involving a drunk driver in Texas from 2003 to 2012. The rate of drunk driving deaths…
The legal doctrine of negligence generally governs most injury claims. Thus, understanding what a plaintiff must to prove is an important part of any Texas injury case. Negligence means that a party acted or failed to act in a way that an ordinarily prudent person would have acted in those…
In some cases, employers can be held responsible for their employees’ actions, including Texas car accidents involving employees. In a recent decision, a Texas appeals court considered the employer’s responsibility after its employee was involved in a car accident. The plaintiff was in a car accident with a moving company’s…
A recent Texas product liability decision arose from a one-vehicle accident. The plaintiff was driving his vehicle with his family when a back tire burst, triggering a rollover. Those inside the car were injured. The driver had bought the car used from a car shop that had gotten it as…
In a recent Texas appellate decision, a woman challenged the lower court’s judgment in a lawsuit for negligence and wrongful death. Among other things, she claimed the lower court had made a mistake in admitting a video recording of an experiment that had happened outside of court. The case arose…