Suing a Third Party After a San Antonio Car Accident

Most car accidents involve one vehicle hitting another, and if there are injuries, the lawsuit is between these two parties. However, some car accidents are more complex, and San Antonio plaintiffs may need to sue a third party to get the compensation they deserve. Hiring a skilled lawyer is the best way to ensure you maximize your compensation.

The best outcomes in a personal injury lawsuit are delivered by the San Antonio personal injury attorneys at Carabin Shaw. With decades of experience, our team is well-versed in the legal subjects that will help you to win your case. We offer our services on a contingency-fee basis, so you don’t have to worry about upfront legal costs, and we work tirelessly to expedite your settlement or judgment. Call our toll-free number at 1-800-862-1260 to schedule a free consultation. We have English- AND Spanish-speaking staff available 24/7.

Rule 38 of the Texas Rules of Civil Procedure states that a plaintiff or a defendant may bring a third party into a personal injury lawsuit. A defendant may bring in a third-party defendant who is liable to the plaintiff, or the third party may be liable to the defendant, making the defendant a third-party plaintiff. A plaintiff may also bring in a third party if the defendant files a counterclaim against the plaintiff.

The law requires that the defendant's San Antonio car accident lawyer name a third party at least 60 days before the trial begins unless the court grants an exception. This deadline is intended to allow the defendant to take advantage of proportionate responsibility without hindering the timeliness of the legal process. A plaintiff’s lawyer will provide evidence to ensure that a client receives full compensation for their injuries, regardless of who a defendant designates as a third party.

There are a variety of third parties who the court may hold liable for a serious car crash in San Antonio TX. These parties could be the following:

• Company that owns a commercial vehicle
• Manufacturer of a vehicle or part
• Bar or liquor store
• Vehicle owner (when this person is not the driver)
• Auto repair shop

Proving that a third party is liable is important in order to pursue a judgment that is proportionate to that party’s level of fault. However, the impetus for that claim may fall on the defendant. Talking to your attorney about a third-party lawsuit is important in order to maximize your compensation, and your legal team will provide options about how to proceed with your claim and who you file it against.

Texas car accident third-party liability is decided by an act or lack of action that the court decides is negligent. The definition of negligence is the failure to exercise a reasonable level of care. A person is liable for negligence when they “have a duty to” perform a certain level of care, they breach that duty, there are damages, and the breach of duty of care caused the damages.

Examples of third-party negligence include:

• Brake manufacturer failing to recall faulty brakes
• A moving company hiring a truck driver with a poor driving history
• Selling alcohol to an impaired driver
• Allowing an unsafe vehicle to leave the repair shop

Not all of these examples will automatically result in a judgment against the third-party defendant, but they are a cause for argument by a personal injury attorney.

At Carabin Shaw, we understand that lawsuits are complicated, especially when there is the potential for more than one defendant. That’s why provide transparent legal services that allow our clients to understand the process and rest assured that they are pursuing their best legal options. Our client reviews showcase our communication skills and compassionate services that exceed our client’s expectations and allow them to find closure after an accident. Call our office today, and get the best legal services in the San Antonio region.

For more information:

• Texas Courts
• Statutes Capitol Texas
• Cornell Law