Galveston Car Accident Results in Lawsuit
In Galveston, Texas, Orlando Archibald recently filed a lawsuit against John Calhoun Reese. Mr. Archibald alleges that Mr. Reese is at fault for a collision that occurred between the two men on November 26, 2011. Mr. Archibald requests $2,500.00 in damages.
Car accidents occur almost every day in Dallas, McAllen, Tyler, El Paso, Beaumont and throughout all of Texas. Occasionally, these accidents result in a tort lawsuit.
What is Tort Law?
We’ve all heard about “tort” law. But, what is it, really? Tort law encompasses a vast array of claims of actions and rights and duties of citizens. A very basic definition of tort law is: the body of law that gives injured citizens the right to demand in court that their injuries be corrected or that they be compensated for their injuries. When we say injuries, we do not mean only physical injuries, such as a broken leg from a car accident or burns from an electrical fire, although those certainly qualify as injuries. “Injuries” also include, but are not limited to:
- damage to property;
- emotional injury (such as major depression as a result of losing a leg in an accident caused by another);
- a diminished quality of life (for example, maybe a brain injury means you can no longer work as an engineer, or you are now in a wheelchair and cannot enjoy what you could as a fully able-bodied person); and,
- loss of consortium, meaning loss of companionship (for example, if your spouse or parent was killed in an accident or by circumstances caused by another).
Some people believe that the purpose of the tort system is so that people can sue and “take” other people’s money. However, this is not actually the fundamental purpose of our tort system. We have mentioned in other blog posts that those who can protect others from harm most easily, and have a duty to do so, should. The tort system is designed so that people know that if they do not take proactive action to protect those that are owed a duty. It is designed to protect people from being injured in the first place! As sad as it is, some people only obey the law or make sure others are safe because they are worried that if someone gets hurt, the injured party will sue them and cost them a lot of money. Only because of that concern of losing money by fighting and possibly losing a tort lawsuit do some companies take measures to protect their employees and paying customers.
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We talk a lot in this blog about when someone owes another a duty. When is that? And, what is that duty? Well, it varies by situation. A good example is that of the driver of a car. When you are driving a car, you owe everyone around you a duty to drive to the ordinary standard of care of other drivers. Are you obeying the traffic laws? Are you watching the road and other drivers carefully? Are you alert or are you too tired?
Tort law is vast and broad. It has a lot of aspects to consider and is difficult to navigate. The attorneys at Loncar Lyon Jenkins studied tort law in law school and have years of experience navigating the Texas tort system. If you believe that you or a loved one has a tort claim, please contact one of our experienced and skilled attorneys for a free consultation.
See Related Blog Post:
Why Do I Need an Attorney?
Commercial Truck Accident Part 2 http://www.brianloncar.com/commercial-truck-accident-part-2
Wrongful Death Suit Filed in Houston http://www.brianloncar.com/death-suit-filed-in-houston
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