Fort Worth Injury Attorney Blog

I was hit in a car accident, but the other driver wants to blame me. Who’s at fault?

In the busy state of Texas, people are constantly going their own directions to get where they need to be. Many are in a rush to get to work, drop the kids off at school/day care, or arrive at an appointment on time. The craziness of everyone’s schedules can lead the driver to be negligent in some way, such as answering a phone call on their cell phone, or eating on the go. Along with many other common causes, these distractions can be one of the reasons why two drivers may be at fault for their collision. For example, a police officer gave one driver a ticket for speeding and gave a ticket to the other driver for reckless driving. This type of situation evolves into a comparative fault issue.

Depending on how the accident happened, it can become difficult to determine who caused the accident, which is how these cases can involve a Texas doctrine called comparative negligence. Section 33.001 of the Texas Civil Practice and Remedies Code refers to this concept as proportionate responsibility. When one party (plaintiff) brings a personal injury claim against another party (defendant), the jury will determine the percentage of negligence (if any) of each party based on the evidence presented to them.

I may have a bicycle accident claim, what can I do?

Bicycle accidents happen frequently in the all areas of Texas, urban and rural, especially during the fall, spring, and summer. People participate in cycling either causally with their family and friends or competitively. Regardless of how people enjoy this activity, they are still obligated to follow the rules and regulations of the road set forth in Texas state law. Motorists often do not pay attention to cyclists who are riding small, unprotected, light-weight bicycles. This inattention to cyclists often result in accidents. Some common bicycle accidents occur when a motorist fails to stop at a red light or stop sign; or swerves into a cyclist’s lane, or simply ignores the presence of the cyclist and strikes them while passing. Clearly when a motorized vehicle comes in contact with a cyclist, there is potential for property and personal injury damages to the cyclist.

When an accident like this occurs, the cyclist may be unsure if they are able to maintain a claim against the careless person who may have caused the accident. Nevertheless, it is important to collect as much evidence as one can while at the scene of the accident, such as taking photos of the vehicle and bicycle involved, the accident scene, and the injuries caused from the accident. Also, it is helpful to get a police report, contact information of any witnesses and the parties involved. If the cyclist sustained is injured, it is recommended that they get medical treatment as soon as possible.

Pre-litigation Process

The Dallas/Fort Worth Metroplex is constantly busy with traffic. Unfortunately, traffic contributes to automobile accidents whether the traffic is stop-and-go or an individual not paying attention to their surroundings. Once an individual is hit by another vehicle, he or she may be concerned with their bodily pain or they are worried about the property damage. Either one of those concerns is suitable enough to seek an attorney to determine how to address those concerns. The hired attorney or law firm will begin the case in pre-litigation.

Pre-litigation starts with a law firm sending a letter of representation to the insurance company. This letter informs the insurance company you are filing a claim against the person or company who caused the accident. The letter will include the attorney’s contact information, a brief summarization of the facts of the case, and the injuries the individual suffered as a result of the accident. Depending on the severity of the accident, the attorney’s office will advise the individual to see a doctor to receive medical treatment for their suffered injuries. If the doctor determines the individual’s injuries are more extensive than the care the doctor can provide, the doctor may refer the person to a specialist. The attorney’s office will gather all of the medical bills to calculate the total cost of treatment and other costs that were incurred due to the accident. For example, some of the other costs could be lost wages, the total cost of out-of-pocket medical expenses, and pain and suffering. All of these costs will be exhibited on a summary of expense sheet created by the attorney’s office. The is formally known as a demand letter.

Can I sue a bar or other liquored licensed vendor after an alcohol-related accident?

The term “Dramshop” refers to a shop typically known as a bar, tavern or restaurant to sell alcohol sold by the dram, which is a small unit of liquid. Wright v. Moffit 437 A.2d 554. The legislature enacted the Dram Shop Act to prevent bars, restaurants, clubs and other licensed vendors to not sell alcohol to obviously intoxicated individuals who could potentially harm others or themselves. Dram shop liability lawsuits are known in most states. The purpose of this law is to allow individuals to sue not only the person who caused the accident but the alcohol provider, for example, a bar, to prove that they were negligent in selling alcohol to an obvious intoxicated customer.

An individual who wishes to pursue this type of claim should be aware that there is absolutely no guarantee that the court will find the establishment liable to pay damages. The person needs to recognize that filing a claim against the establishment could be another source of recovery for the plaintiff. The complexity of Dram shop cases can be too challenging for one to handle on their own. To pursue a Dram shop case, the plaintiff will have to prove standard negligence and that it was apparent to the provider of the alcohol that the recipient of the alcoholic beverage was obviously intoxicated and presented a clear danger to himself and others. Washington v. Liem. The Act does not provide a definition of what “clear danger” is. An example would be an individual exceeded their limit of alcohol at a bar, an employee leads the intoxicated person to a room to sleep it off, and two hours later the employee escorts the intoxicated individual out of the bar. Depending on the amount of alcohol consumed, two hours of rest does not relieve the individual from their intoxication, especially if he or she leaves the bar driving a car, so it can be argued that the individual still presented a clear danger to himself and others. To prove the latter can be challenging because the establishment can easily claim they did not believe it was apparent the individual was heavily intoxicated.

What can I do if I have a case where the other party did not preserve evidence?

The legal definition of this type of situation is called “spoliation of evidence”. This means that a party in a case destroyed or did not properly preserve evidence. A party may have done this because they knew that the evidence would not be in their favor. For example, a minor child suffered a severe ankle injury at a trampoline park. Since the trampoline park knew or could have anticipated that there would be a lawsuit filed against them, the managers of the facility may have destroyed or failed to properly care for relevant evidence, such as videotapes, program files, data files, emails or images.

In Texas Courts, a person cannot bring a tort claim solely based on this conduct. However, Texas cases have addressed how spoliation can be dealt with and the accessible remedies the injured party can pursue. To have access to those remedies, the trial court must determine if the alleged spoliator breached their duty to preserve the evidence. The key case that set the foundation for this approach is Brookshire Brothers v. Aldridge. This case involved a slip and fall scenario at a grocery store. The plaintiff claimed that the store did not preserve certain parts of the videotape that showed what happened after the fall. The Court ruled that there is a two-part test to prove spoliation of evidence.

A summary judgement is a motion used by my office in car accident cases and other liability claims to reduce the fact issues for a jury. Typically there are two issues for every liability claim. The fact question regarding negligence and the fact question regarding damages. Liability is the common issue that I can resolve for my client’s case by summary judgement to increase the likelihood that we will win in trial and by extension, the likelihood that the case will settle at mediation without the expense and risk of trial. From a policy standpoint, a case that is before a Tarrant or Dallas County jury will take less time to try the case and the time a jury must spend to listen to evidence and render a decision.

Below please find a sample of this motion I use in court.

Please call my office at (817) 332 1522 if you have any questions regarding your car accident, on the job injury and other liability claim. My practice includes Tarrant County, Dallas county and any state court in Texas.

The Texas Bar College

FOR IMMEDIATE RELEASE

January 18,2019.

On August 5, 2018, I worked for an employer In Oak Cliff, Texas that did not carry workers compensation insurance or also called a nonsubscriber. Now I learned that I signed an agreement that stated that I must arbitrate my claim against my former employer. What are my rights?

The law in Texas states that an employer is not required to carry workers compensation insurance except for very limited exceptions. It is very important that you seek the advice of an attorney as soon as possible to determine whether or not your lawsuit should stay in state District Court or be removed to an arbitration. There are advantages and disadvantages to try her case state District Court and arbitration. Below please find attached a final argument I made to an arbitrator regarding a serious injury involving elbow injuries that developed to complex regional pain syndrome. Please call my office for free consultation.

Re: injured employee v. employer

A lawsuit is the first step a party makes to take the case to court. Below is a copy of a lawsuit petition that is filed in a motor vehicle accident case and filed with the district court usually in the county where the accident happened.

Do not be intimidated by the legal process. This drives home the point that it is important to hire an attorney specialized in litigation in order to pursue your motor vehicle accident or other personal injury related case.

PLAINTIFF’S ORIGINAL PETITION AND REQUEST FOR DISCLOSURE