Case By Case

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 he went to get out, his foot got tangled up in the door facing, and he hurt his neck and shoulders when he tried to keep himself from falling. The insurance policy covered "motor vehicle accidents," but the insurer argued that no motor vehicle accident had occurred because there was no other person or vehicle involved.

The court rejected this argument, holding that all that was required for a motor vehicle accident to have occurred was a connection between the use of a motor vehicle and an injury. Because exiting the truck is using it, and because the driver's injury was connected with his attempt to get out of the truck, the court ruled that he was the victim of a motor vehicle accident.

Remember, if you need a personal injury lawyer or a wrongful death lawyer, Dan Street at the STREET LAW FIRM is here for you. Contact our legal staff if you'd like a free no-obligation consultation about your case.

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