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…
The separation of powers doctrine is central to our democracy. Unfortunately, however, the application of the doctrine can mean that some Texas personal injury cases cannot be resolved by the courts because they concern unreviewable decisions made by the executive and legislative branches. In a recent case against a military…
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…
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;…
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…
Any party in a Texas bicycle accident claim or other legal proceeding is required to preserve evidence relevant to that claim. Texas courts have held that a duty to preserve evidence arises when a party knows or reasonably should know “that there is a substantial chance that a claim will…
Earlier this year, the Supreme Court of Texas issued a written opinion in a case involving a fatal Texas pedestrian accident, requiring the court to discuss the damages cap provision of the Texas Tort Claims Act (TTCA). Specifically, the court had to determine if the damages cap provision applies individually…
Injury claims against Texas government entities can be complicated, since many agencies are protected by governmental immunity, precluding recovery in some situations. However, there are certain exceptions that can allow plaintiffs to successfully file a claim against a government entity.In a recent case before the Texas Supreme Court, a plaintiff…