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TX injury lawyer

UPDATE: This blog was originally published on June 22, 2020. Since then, subsequent executive orders have definitively extended the tolling of the statute of limitations for civil cases to September 15, 2020, and granted judges the discretion to extend the deadline for filing through April 1, 2021. As the people of Texas cope with the unusual nature of court cases during the COVID-19 pandemic, The Bettersworth Law Firm will help you determine whether a personal injury lawsuit is possible for injuries you have sustained either recently or in the past few years.


On March 13, 2020, on the heels of Gov. Abbott’s declaration of disaster for the state of Texas, the state Supreme Court authored an emergency order tolling (pausing) all “service and filing deadlines” in civil cases until June 1. This means that any deadline for filing a lawsuit or serving process on a party to a lawsuit is extended until June 1 - usually a good thing for those contemplating filing suit - but there has been some confusion about just how far the order extends. If you are in a position to file a civil lawsuit, you need to be aware of what your position will likely be now that the statute of limitations is no longer being paused.

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TX accident lawyerIn a recent Texas car accident, the driver of a passenger vehicle collided with an ambulance operated by the San Antonio Fire Department, resulting in injuries to the patient who was being transported. Accidents involving ambulances and other emergency vehicles are somewhat frequent, and they can result in serious injuries to both occupants of the emergency vehicle and the other vehicles involved. It is often possible for injury victims to recover compensation for damages, but these cases can be especially complicated.

The Complexities of Liability in an Emergency Vehicle Accident

The process of obtaining compensation for injuries in an emergency vehicle crash can vary substantially depending on who is responsible for the accident. If the occupant of an ambulance is injured and the driver of another vehicle is found to be at fault, the personal injury claim may proceed similarly to how it would in an accident between passenger vehicles. It will be important for the victim to have evidence of the other driver’s negligence, perhaps due to a failure to yield to the emergency vehicle, or other unsafe behavior such as speeding, drunk driving, or distracted driving.

However, the case will likely be more complicated if the victim had pre-existing injuries before the crash (hence the need for an ambulance). It may be important to document new injuries from the crash, as well as injuries that were exacerbated by the crash. A personal injury claim could also potentially seek damages for a delay in necessary emergency treatment caused by the crash.

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TX injury lawyerOne person was injured in a recent car accident in north San Antonio’s Stone Oak neighborhood after another driver crashed into their vehicle and pushed it off the road. The car slid down an embankment and collided head-on with a boulder, after which the injured person had to be extricated. Since the accident, the driver who allegedly caused the crash is facing intoxication assault charges, but this crash also serves as a reminder that stationary objects near the road can be a major contributing factor in the severity of resulting injuries.

Car Accident Injuries From Stationary Objects

According to the Insurance Institute for Highway Safety (IIHS), fixed or stationary objects are a factor in about 20 percent of fatal car accidents. These crashes include a variety of objects, including trees, rocks, ditches, phones and light poles, medians, barricades, guardrails, and more. While most of these crashes involve just one vehicle, 5 percent of them involve multiple vehicles, like in the recent case in San Antonio.

Can Someone Else Be Liable If I Collide with a Fixed Object?

If you are struck by a negligent driver, you may be aware that you can pursue compensation for injuries and damages that you suffer in the collision. However, you may wonder whether this also includes injuries from a collision with a stationary object after being hit by another car. In many cases, the answer is yes, especially if you can demonstrate that the actions of the driver caused you to crash into the object.

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TX crash lawyerA serious accident occurred on a recent, involving five separate vehicles and sending at least two people to St. David’s Round Rock Medical Center with injuries that were significant but not life-threatening. The multi-vehicle crash occurred near the intersection of River Place Boulevard and RM 2222, to the west of Loop 1. Multi-vehicle accidents can be difficult to address in terms of compensation because it can be hard to accurately assess liability, but if you enlist an experienced attorney, you may have an easier time seeking compensation for your injuries.

Causes Of Multi-Vehicle Crashes

Because multi-vehicle crashes happen so quickly and involve so many people, it is not nearly as easy to try and find fault or apportion liability than it would be with a simple two-car crash. There are several common causes for multi-vehicle crashes, any of which can, in theory, be combined together or occur alone. Some examples include driver inattention or recklessness, poor road etiquette like following too closely or speeding, and poor weather.

The potential for injury or fatality is obviously very high, given the number of vehicles that can be involved in an average multi-vehicle accident. However, many injured victims think twice about bringing suit against a negligent driver because they are afraid that they might be judged wholly or partially liable for their own injuries. Be advised that in Texas, you can only be denied a potential recovery if it is found that your percentage of fault is greater than 50 percent. If it is less, you may still be able to be compensated for your injuries.

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Posted on in Car Wrecks

TX injury lawyerNormally, when someone is in an auto accident, the matter is pursued in civil court, with the plaintiff seeking damages from the defendant. However, in some auto accidents, such as the alleged shooting on Thanksgiving night on I-10, near Loop 410, both a civil cause of action and a crime may have occurred. If you have been in an accident of this type, it is easy to be confused about what is civil, what is criminal, and what your role is in either or both actions.

Civil Actions

The majority of auto accident cases wind up as civil actions, if they go to court at all because usually no laws are broken. Civil cases are mounted by one private person against another, or against an entity deemed to have been negligent. Money damages are being sought, as opposed to jail time, usually as recompense for injuries sustained (medical bills, but also lost wages, lost quality of life, and lifestyle adjustments like needing a wheelchair or an addition to one’s home, and so on). This means you can sue for as much as you believe you can get - with the caveat that the amount will almost certainly be reduced by a jury.

Once a civil action goes to trial, Texas uses a modified comparative fault rule to determine whether a plaintiff can recover, which means that if a plaintiff is found to be more than 50 percent at fault for their own injuries, they cannot recover. This means that even if a plaintiff is responsible for part of their own injuries, as long as it is less than half, they can collect an award from the defendant (minus the percentage they are ruled at fault). A defendant may wind up being judgment proof, however, meaning that they lack the resources to pay the award.

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The sooner you call, the sooner we can build your case, secure evidence and get maximum compensation for your injuries.

Texas Trial Lawyesr Association State Bar of Texas San Antonio Trial Lawyers Association
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