The Shelton Law Firm
Personal Injury & Maritime Law Nationwide Representation
Call Today For A Free Consultation
281-506-0120
877-771-6139

Will Texas Supreme Court take up truck accident lawsuit?

Personal injury lawsuits aren't always straightforward. Oftentimes, there is more than one party responsible for serious accidents, but it can be difficult to prove exactly who is liable for what damages. As in any civil or criminal lawsuit, proper evidence must be provided to back up any claim or charge.

Lack of evidence is the problem facing the family of a young Texas woman who was severely injured in a trucking accident. The accident, which occurred in June 2006, left the 26-year-old with serious mental and physical impairments, which her parents say will prevent her from ever living on her own.

Following the accident, the driver of the 18-wheeler and its owner both pleaded guilty to aggravated assault with a deadly weapon and received probation. Evidence was presented showing that the driver, who had no license, sped through a red light and careened into the young woman's sedan. The truck was also shown to have defective brakes.

In addition to the criminal charges, the victim's family brought a personal injury lawsuit against the driver of the truck, the owner of the truck and a third party, a businessman, who they say was engaged in a "joint enterprise" to profit from the rig being transported.

The problem is that there is little evidence tying the businessman to the semi-truck. An attorney for the parents argued that this is because the businessman destroyed evidence and bribed the other two men to lie for him. A jury believed these accusations and awarded the young woman $8 million in damages.

But the story doesn't stop there. The businessman appealed the decision and an appellate court overturned the jury's award, finding that there was not enough evidence that the businessman "had an equal right to control or any control at all over the handling and/or transporting of the trailer/rig in question."

Because the businessman is the only defendant with any money, exempting him from liability means the young woman will get nothing. Now, the family has asked the Texas Supreme Court for the second time to consider the case. It could be the family's last chance at getting any sort of damages for their daughter.

Source: Texas Tribune, "A Tragic Accident and a Continuing Legal Battle," Brandi Grisson, July 29, 2012

No Comments

Leave a comment
Comment Information
The Shelton Law Firm - Houston Personal Injury Lawyer

The Shelton Law Firm 2777 Allen Parkway 14th Floor Houston, TX 77019 Toll Free: 877-771-6139 Phone: 281-506-0120 Fax: 713-400-4086 Houston Law Office Map

Review Us