Since January 1, 2009, there have been several important developments affecting motor vehicle accident personal injury litigation in San Antonio and greater Texas .
Specifically, the Texas legislature updated the minimum limits for auto insurance to $25,000 for injuries per person for policies written after April 1, 2008 and $50,000 per accident if more than 1 person is injured. There is a $25,000 minimum coverage for property damage for policies written after April 1, 2008 with allowances of a $250 deductible per person injured or for property damage and $500 per accident. See Tex. Transportation Code § 601.072.
In a recent San Antonio accident San Antonio car accident involving a dump truck and eighteen-wheeler (18 wheeler), the Court of Appeals upheld a jury verdict against the dump truck driver and his employee. The court ruled that had the employer followed the law and contacted the driver’s former employee, he would have discovered the driver’s multiple speeding citations and positive drug test for cocaine. Moreover, the court upheld the award of $400,000 for pain and suffering, because it appeared the driver was at least conscious while his vehicle spun out of control and was aware he would soon die.
In another auto accident case, drivers brought suit against the Texas Department of Transportation for deaths and injuries caused by loose gravel on the road. The Texas Supreme Court ruled that loose gravel was not a special defect under the Texas Tort Claims act, and the TxDOT did not owe a invitee standard of care to drivers.
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