How does Texas assess fault in a vehicle accident?
Texas uses a modified comparative fault system when assessing fault in accidents. This means that both parties can be assigned a percentage of responsibility for the accident. As long as you are found to be less than 51% responsible, you can pursue damages. However, any damages will be reduced by your percentage of fault.
Are there special laws governing motorcycle accidents?
Outside of the specific license, safety equipment, and passenger laws governing motorcycle use, no. However, if you are found to have been in violation of any of these laws in such a way that they contributed to their accident (e.g., having a passenger without a dedicated passenger seat), that will likely factor in to your comparative fault assessment.
Will my motorcycle accident claim be affected if I wasn't wearing a helmet?
Texas law only requires riders and passengers under 21 to wear helmets. If you were age 21 or over at the time of the accident, the absence of a helmet will not affect your claim.
What is crashworthiness?
Crashworthiness is the ability of a vehicle to survive a crash and protect its occupants. All vehicles have a legal obligation to meet certain crashworthiness standards, and falling short of those standards is grounds for a vehicle defect claim.
Who is liable for defects in used cars?
If the seller of the used car committed negligence by intentionally ignoring a defect in a used car, they may be liable. Otherwise, liability would likely fall on the manufacturer.
Do I have a product liability claim if my product was defective and unsafe but I was not injured?
No, you must be able to demonstrate injury caused directly by the defect to have a claim.
Does product liability require negligence?
No. All manufacturers and distributors are legally responsible for ensuring the safety of their products regardless of whether negligence occurs.
Who is responsible for aviation accident claims?
Responsibility for aviation accidents can fall on many different parties: manufacturers of whole planes or individual parts, airports, regulatory bodies, and more. This responsibility is impossible to determine without looking at the specifics of each case and may involve more than one party.
Where do aviation accident claims get filed?
Because of the nature of aviation litigation, these claims can be filed in a wide range of cities and states depending on the specifics of the case. Depending on the options available, you will generally want to file you case in the most favorable location for jury selection and local law.
What is the statute of limitations for legal malpractice suits in Texas?
Individuals have two years to file legal malpractice suits in Texas beginning from the time they discovered or should reasonably have been expected to discover malpractice.
Do Texas attorneys have to carry legal malpractice insurance?
No, Texas attorneys are not required to carry malpractice insurance, but they can still be held personally liable for malpractice.
If you’re part of a case involving a vehicle accident, product liability, aviation litigation, or legal malpractice defense, contact Collmer Law Group today at (713) 337-4040 to schedule a consultation with an experienced Houston civil litigator.
