Defendant's Attorney: Brian C. Newby

Description: Midland, Texas personal injury truck wreck lawyers represented the Plaintiff who sued the Defendant on auto negligence theories.

"Texas auto negligence law is based on the principle that drivers have a duty to operate their vehicles safely and in a way that does not harm others. When a driver breaches this duty and causes an accident, they may be held liable for the damages caused by the accident.

To prove negligence in a Texas auto accident case, the plaintiff must show the following four elements:

Duty: The defendant owed the plaintiff a duty of care. In the context of auto accidents, this means that the defendant had a duty to operate their vehicle safely and in accordance with the law.
Breach: The defendant breached their duty of care. This means that the defendant failed to act in a way that a reasonably prudent person would have acted in the same situation.
Causation: The defendant's breach of duty caused the plaintiff's injuries. This means that the plaintiff's injuries would not have occurred but for the defendant's negligence.
Damages: The plaintiff suffered damages as a result of the defendant's negligence. This can include medical expenses, lost wages, pain and suffering, and property damage.

If the plaintiff can prove all four elements of negligence, they may be entitled to recover damages from the defendant. The amount of damages that the plaintiff can recover will depend on the severity of their injuries and the specific facts of the case.

Texas uses a modified comparative negligence system. This means that a plaintiff's damages can be reduced by their percentage of fault for the accident. However, a plaintiff cannot recover any damages if they are found to be more than 50% at fault for the accident.

For example, if a plaintiff is found to be 20% at fault for an accident and their damages are $100,000, they can recover $80,000 from the defendant. However, if the plaintiff is found to be 51% at fault for the accident, they cannot recover any damages from the defendant.

Texas auto negligence law is complex and can vary depending on the specific facts of a case. If you have been injured in a car accident, it is important to consult with an experienced personal injury attorney to discuss your legal options."

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Outcome: 10/05/2023 Text Order MOOTING 18 Agreed Motion to Appoint Guardian. An amended motion was filed rendering the instant motion, MOOT. Entered by Judge David Counts. (This is a text-only entry generated by the court. There is no document associated with this entry.) (db) (Entered: 10/05/2023)

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