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Date: 06-02-2023
Case Style:
Case Number: 5:21-CV-372
Judge: David A. Ezra
Court: United States District Court for the Western District of Texas (Bexar County)
Plaintiff's Attorney:
Defendant's Attorney: Autumn Owen, Jeremy R. Thompson, avid Patrick Helmey, Juan Roberto Fuentes
Description: San Antonio, Texas personal injury lawyer represented Plaintiff who sued Defendants on auto negligence theories.
Texas is a modified comparative negligence state, which means that if you are partially at fault for an accident, your damages can be reduced by your percentage of fault. For example, if you are found to be 20% at fault for an accident, your damages will be reduced by 20%.
To prove negligence in a car accident case in Texas, you must show that the other driver:
Owed you a duty of care.
Breached that duty of care.
Their breach of duty caused your injuries.
You suffered damages as a result of your injuries.
The duty of care is the obligation to act reasonably under the circumstances. In the context of car accidents, drivers have a duty to obey the traffic laws and to drive in a safe manner.
Breach of duty occurs when a driver fails to meet their duty of care. This can happen in a variety of ways, such as by speeding, driving under the influence of alcohol or drugs, or not paying attention to the road.
Causation is the link between the other driver's negligence and your injuries. In order to prove causation, you must show that the other driver's negligence was the proximate cause of your injuries. This means that the other driver's negligence must have been a substantial factor in causing your injuries.
Damages are the losses that you have suffered as a result of your injuries. These can include medical expenses, lost wages, pain and suffering, and emotional distress.
If you have been injured in a car accident, you should contact an attorney to discuss your legal options. An attorney can help you file a lawsuit and can represent you in court.
Here are some common causes of car accidents in Texas:
Speeding
Driving under the influence of alcohol or drugs
Distracted driving
Reckless driving
Failure to yield the right of way
Improper lane changes
Tailgating
Driving without insurance
If you have been injured in a car accident due to the negligence of another driver, you may be entitled to compensation for your medical expenses, lost wages, pain and suffering, and other damages. You should contact an experienced personal injury attorney to discuss your case and learn more about your legal options.
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Outcome: STIPULATION of Dismissal JOINT STIPULATION OF DISMISSAL OF DEFENDANTS by Harvey Trucking Services, Inc.. (Owen, Autumn) (Entered: 06/02/2023)
Plaintiff's Experts:
Defendant's Experts:
Comments: