Law Office of Scott A. Nelson, P.C.

Carriers in trucking accident cases often hire biomedical "experts" in defending a case. These supposed experts are hired to look at photographs of the vehicle and the plaintiff’s medical records and state that it was physically impossible for the plaintiff to have been injured severely in the wreck.

These "expert opinions" are the hallmark of junk science. They make untold millions testifying for insurance companies. Their conclusions and opinions are often completely unsupported by the facts of the case. When these "experts" appear in trucking accident cases, it is very important to try to discredit and disqualify them. Juries need to know their biases so they can properly determine a case. Often these experts are both physicians and engineers, so the jury gives them great credence. In truth and fact, they are paid assassins to confuse the jury.

It is extremely important in trucking accident cases to get information regarding the financial ties between the insurance companies and their "experts." When you show a jury that the "expert" makes a fortune from the insurance companies saying the same thing over and over, the jury can understand how disingenuous the opinion is. Lawyers should always share this information with each other rather than trying to reinvent the wheel every case.

Some of the important discovery requests in trucking accident cases are as follows:

After a trucking accident, it is also very important to take lots of high-quality pictures of your client’s vehicle. Also, try to take pictures of the defendant’s truck before it is repaired. Photograph the scene and talk to all witnesses and physicians.

Contact Corpus Christi trucking accident lawyer Scott Nelson if you are injured in a trucking accident. Mr. Nelson also serves all of Texas.

Although the duty owed to children is generally the same as that owed to adults, the exercise of ordinary care to a child may require different conduct than would be required to an adult. This different conduct may be required because the risk of injury to a child may be greater than that posed to an adult by the same act or condition.

Common carriers, such as operators of buses, taxis and streetcars, are charged with a high degree of care with respect to their passengers. Generally speaking, common carriers have to protect their passengers from injuries by strangers or intruders. The standard has been defined as that used by a very cautious, prudent and competent person under the same or similar circumstances. The reason for holding common carriers to this higher standard of care is that passengers need to feel safe while traveling. In determining whether an entity is classified as a common carrier, courts look to the entity’s primary function, and it must be determined whether the business of the entity is public transportation or whether the transportation is simply incidental to the entity’s primary purpose.

"Good Samaritans" are held to a lower standard of care. For instance, if a bystander attempts to help an injured person in a oil rig accident, construction accident, or trucking accident, he may only be held liable for negligence if he is wantonly or willfully negligent. The reason for the good Samaritan statute is to lower the standard of care to encourage both medically trained personnel and laypersons to render aid in emergency situations. Thus, the statute provides a waiver for actions constituting ordinary negligence. For a person to qualify for immunity from civil damages under this statute, a person who provides care in an emergency situation must show that he would not ordinarily receive payment under the circumstances under which the emergency care was provided.

Contact Corpus Christi personal injury lawyer Scott Nelson if you have been injured in a trucking accident and need representation.

A "superceding cause"can be defined as an act by a third person or other force which, by its intervention, prevents an actor from being held liable for harm or injury to another, even though the actor’s antecedent negligence is a substantial factor in causing the harm.

To determine whether an intervening force is a superceding cause of harm or injury to another, and therefore, the proximate cause of the injury, courts consider the following factors:

This situation may occur in trucking accident or car accident cases. In one case, the Beaumont Court of ruled that a borrower’s act of loaning a borrowed car to a driver in exchange for crack cocaine was a superceding cause of injury, where the owner did not know that the borrower had a propensity to loan out the car and the borrower had returned the car safely the week before.

Contact Corpus Christi personal injury lawyer Scott Nelson if you have been injured in by another’s negligence and need assistance.