ACCIDENT OR A MOTOR VEHICLE ACCIDENT?
June 13, 2018
Was it an accident or a motor vehicle accident? Although the answer to the question of just what is a “motor vehicle accident” seems obvious (just look for the dented fender), this is not always the case. The Texas Supreme Court recently had to decide whether a person who was injured when he got stuck while getting out of his truck had actually been in an auto accident.
The man had driven to work and had parked his truck. When the man went to get out, his foot got tangled up in the door facing. He hurt his neck and shoulders when he tried to keep himself from falling. The insurance policy covered “motor vehicle accidents,” yet the insurer argued that no motor vehicle accident had occurred. Their argument was that there was no other person or vehicle involved.
THE COURT’S RULING
The court rejected this argument. Ruling that exiting the truck is still a part of using it, and the driver’s injury was connected with his attempt to get out of the truck. So the court ruled that he was indeed a victim of a motor vehicle accident.
Remember, if you need a personal injury lawyer or a wrongful death lawyer, Joey Messina at the Messina Law Firm is here for you. Contact our legal staff if you’d like a free no-obligation consultation about your case.