Determining fault in a Texas car accident can be a very complex matter, depending on the surrounding circumstances. While some accidents involve few parties and present straightforward issues, other cases involve complex fact patterns that require judges and juries to consider and apply numerous legal doctrines. One of the more…
All Texas personal injury cases must comply with procedural requirements. For example, under the statute of limitations, all claims must be filed within a specified period after an accident. This and other requirements help the court system efficiently deal with the large number of cases that are filed each year.…
A Texas appeals court recently issued an opinion providing guidance for Texas medical malpractice claimants on the requirements for expert reports submitted in accordance with the Texas Medical Liability Act. According to the plaintiff, she went to the emergency room at a hospital in Southeast Texas in 2012 complaining of…
Texas plaintiffs can have difficulty bringing claims against a governmental entity due to governmental immunity. However, there are many exceptions to governmental immunity that allow plaintiffs to bring claims against governmental entities. In a recent case before a Texas appeals court, the court upheld a claim against the Texas Department of…
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…
Earlier this year, a company by the name of Lime was given permission to open its electric-scooter sharing operating in Dallas. The scooter-share program is similar to the ubiquitous bike shares that have opened up across the country, however, instead of bicycles, the company allows customers to rent motorized scooters.…
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…