Articles Posted in Car Accidents

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.  Specifically, the law allows for anyone involved in a Texas multi-vehicle accident to seek compensation for the injuries they sustained, provided that their percentage of fault is determined to be 50% or less.

Typically, a jury will determine a party’s percentage of fault at the court’s instruction. One question that frequently arises in many Texas car accidents is whether the jury can consider a motorist’s failure to wear a seatbelt as a factor in determining a party’s potential negligence.

Seatbelt Non-Use Evidence

When it comes to seatbelt non-use evidence, courts typically take one of three different approaches. Some courts can allow seatbelt non-use evidence to be considered by the jury when determining a motorist’s percentage of fault. Other courts only allow a plaintiff’s failure to wear a seatbelt during the damages phase of the trial, after liability has been established. And finally, some courts prohibit seatbelt non-use evidence altogether.

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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 arrested for a Texas DWI, this evidence can be useful in a subsequent personal injury case against the driver.

Of course, as in any case, a plaintiff in a personal injury case must still prove each of the elements of the claim she is bringing. This means that a driver’s arrest and conviction for DWI does not necessarily result in the driver being found liable in a civil case. For example, in a Texas personal injury case, a plaintiff must prove all the elements of negligence, including that the defendant’s conduct caused the plaintiff’s injuries. This means proving both that the crash was a result of the defendant’s conduct and that the defendant’s conduct caused the plaintiff’s injuries. A defendant might argue that the plaintiff was at fault for the crash, or at least contributed to it, or that the plaintiff’s injuries were not caused by the accident, among other defenses.

NTSB Finds Driver Was Impaired by Marijuana and Prescription Drugs in Fatal Texas Crash

A driver involved in a Texas car accident that left 13 people dead was under the influence of marijuana and prescription drugs, according to the National Transportation Safety Board (NTSB). As one news source reported, the NTSB investigated the crash and recently released its findings. The NTSB found that the driver failed to control his pickup truck because he was impaired by marijuana and had misused prescription drugs.

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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 when a car crashed into him. The vehicle failed to yield and turned left in front of the plaintiff, who was unable to stop. The car’s driver ran over the plaintiff, who had fallen from his motorcycle, and then backed up, running over him again, before fleeing the scene.

Before the crash, the driver of the car had been drinking for several hours at different bars with a friend. They went to one bar, then to defendant’s bar, then to a third bar, then to a fourth bar where they were refused service, and then back to the defendant’s bar, where they continued drinking. The driver eventually left the bar, and struck the plaintiff on his way home. The plaintiff claimed that the defendant’s bar provided, sold, or served alcohol to the driver of the car when he was obviously intoxicated “to the extent that he presented a clear danger to [him]self and others.”

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• 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 or similar circumstances. This is referred to as the standard of care.

The standard of care required in a given scenario depends on the facts of the case. Some considerations might include the dangerousness of the activity involved and the relationship between the parties. Therefore, a plaintiff must show that the defendant did something a prudent person exercising ordinary care would not have done (or failed to do something an ordinarily prudent person would have done) in those same circumstances.

In Texas, to prove a negligence claim, a plaintiff must prove 1) the defendant owed the plaintiff a legal duty; 2) the defendant breached that duty; and 3) the breach proximately caused the plaintiff damages. That means that in a Texas car accident case, a plaintiff has to prove that another person failed to meet the standard of care, which caused the plaintiff’s injuries. In some cases, the standard of care has been defined. For example, negligence per se is a concept where a certain standard of care has already been established. In that instance, a statute states what a reasonably prudent person would have done, and then the jury is asked whether the defendant violated the statute or regulation.

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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 employee, which resulted in the plaintiff’s injuries. The employee made a left turn across a four-lane highway as she was leaving a parking lot. The plaintiff was unable to avoid the employee’s car and drove into the left side of the employee’s car. The employee was cited for failing to yield the right of way.The plaintiff sued the moving company, alleging it was vicariously liable for the employee’s negligence. The plaintiff also alleged that the moving company failed to properly supervise its employee, negligently hired the employee, and negligently retained the employee, among other claims. The moving company argued the case should be dismissed because the employee was not acting in the course and scope of her employment with the company at the time of the collision.

Vicarious Liability

Vicarious liability refers to the liability of an employer or another responsible party for the actions of another person. Under one type of vicarious liability, known as respondeat superior, an employer may be held liable for the negligent acts of its employee if the employee’s actions fall within the course and scope of the employee’s employment. According to Texas law, an employee’s acts must be within the scope of the employee’s general authority, in furtherance of the employer’s business, and taken to accomplish a task for which the employee was hired. In addition, generally an employee is not in the course and scope of employment while driving to and from work.

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A recent Texas truck accident decision arose out of a pickup truck accident. An equipment company had employed a man as a driver. While driving in the course and scope of his employment in November 2012, the man got into an accident. At trial, the jury received conflicting evidence about what happened to cause the accident and the plaintiff’s injuries.

The plaintiff was driving east in a pickup one morning. When he came to an intersection with a yellow light, he slowed down, and the light turned red. The intersection was east of a school zone, where the speed limit was 30 mph. After he stopped, the plaintiff saw the equipment company employee driving toward him from behind in another pickup. The plaintiff estimated the other driver was moving at 45 mph when he struck the plaintiff’s truck from behind.

The impact was hard, according to the plaintiff. The plaintiff experienced pain in his neck, shoulders, and back, and he testified that the force pulled his seat loose from the hinges fixing it in place. He also presented deposition testimony from the other driver, in which the other driver admitted his fault and testified that he believed the plaintiff was hurt. He also presented the employer’s representative’s deposition testimony. The deponent testified that the employee had written out a statement in which he admitted that in his opinion, he was at fault for the accident, and the deponent testified that the employer agreed.

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