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)…
In a recent Texas wrongful death case, a car that drove into oil-based mud cuttings slid from the roadway and rolled over. A passenger was ejected and killed. An oil company had loaded mud into a dump trailer operated by an independent trucking company. Neither the trucking company nor the…
In a 2016 Texas truck accident case, the plaintiffs sued an excavating company. The accident caused a pileup, and when the sheriff investigated, it found that it was caused by the driver of an 18-wheeler. The trailer being pulled had the excavating company’s name and motor carrier number on it.…
In Hospadales v. McCoy, the defendants appealed a judgment in a truck accident case that awarded the plaintiff damages in the amount of $292,000 for past pain and suffering, past medical expenses, and past lost earning capacity. Among other things, they argued the evidence was insufficient not only to show causation…
In Blevins v. Pepper-Lawson Construction, the plaintiff appealed after a jury awarded him $170,850 for injuries suffered when he hit a construction vehicle driven by an employee of a masonry company. The case arose one evening when the plaintiff was driving near a high school under renovation. A subcontractor of…
Trucking companies often deny liability in truck accident cases, and in some cases, they even destroy or falsify evidence to avoid liability. It is important to retain an attorney who understands how to obtain discovery in a Texas truck accident lawsuit. In Greenwood Motor Lines, Inc. v. Bush, a trucking company…
In Freer Volunteer Fire Department v. Wallace, a Texas appellate court considered a sovereign immunity case. The case arose when an ambulance driver was driving a man who was suspected to be having a heart attack to the hospital in an ambulance owned by the Freer Volunteer Fire Department. The…
In Swearinger v. Guajardo, the plaintiff was hurt when a truck driven by the defendant and owned by United Van Lines hit his car. The plaintiff sued the defendant for negligence and brought in the defendant’s employer under a theory of respondeat superior and negligent entrustment. The jury found the…
Common Links to More and More Trucking Accidents For more information about common links and the underlying causes of accidents involving 18 wheelers call Carabin Shaw at 1-800-862-1260. The call is free, the consultation is free. With a 20% increase in trucking accidents over the last two decades according to…
In the 2016 case of Rayner v. Dillon, a Texas Court of Appeals considered a truck accident case involving the long-haul driver of a tractor-trailer rig who had years of gaps and mistakes in his required driving logs. The driver had 30 years of experience as of the date of…