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Case Number: 1:23-cv-00408
Judge: David A. Ezra
Court: United States District Court for the Western District of Texas (Travis County)
Plaintiff's Attorney: Russell Jackson
Defendant's Attorney: Faisal Khan and Jeffrey Osmon Marshall
Description: Austin, Texas personal injury truck wreck lawyer represented Plaintiff who sued Defendants on auto negligence theories.
Texas is a modified comparative negligence state. This means that if you are injured in a car accident, you can still recover damages even if you are partially at fault for the accident. However, your recovery will be reduced by your percentage of fault.
For example, let's say you are in a car accident and you are found to be 20% at fault. If your total damages are $100,000, you will only be able to recover $80,000.
There is a 51% bar in Texas, which means that you cannot recover any damages if you are found to be more than 50% at fault for the accident.
Here are the elements of a negligence claim in Texas:
Duty of care: The defendant owed you a duty to act reasonably. For example, drivers have a duty to obey traffic laws and drive safely.
Breach of duty: The defendant breached their duty of care to you in some way. For example, a driver may have been speeding or texting while driving.
Causation: The defendant's breach of duty caused your injuries.
Damages: You suffered damages as a result of the defendant's negligence. For example, you may have medical bills, lost wages, or pain and suffering.
If you have been injured in a car accident, it is important to speak with an experienced attorney to discuss your legal rights. An attorney can help you determine if you have a negligence claim and can help you file a lawsuit if necessary.
Here are some additional resources on Texas auto negligence law:
Texas Department of Insurance: https://www.tdi.texas.gov/
Texas Bar Association: https://www.texasbar.com/
Stephens Law Firm: https://www.stephenslaw.com/
Wood Law Firm: https://www.woodlawfirm-tx.com/
Crosley Law: https://crosleylaw.com/blog/how-does-texas-deal-with-contributory-negligence/
Outcome: 07/24/2023 14 ORDER DISMISSING CASE WITHOUT PREJUDICE. Signed by Judge David A. Ezra. (pg) (Entered: 07/24/2023)