Texas: Driver Liability Standards

SUMMARY OF AMICUS BRIEF FILED 2/16/2024


Is a driver liable for an accident when he never loses control of his vehicle at any time, does not actively cause the accident, and there is no contention that he acted unreasonably in response to a sudden emergency created by other motorists over whom the driver had no control? That question may seem unlikely to provoke serious disagreement. But the appellate court below answered “yes” and affirmed a multi-million judgment against the defendant driver, as well as his employer. How did this come about? In the words of the lead trial attorney for Plaintiffs, “Our case was about everything but the three-second crash sequence.” Because appropriate boundaries were not in place via the Admission Rule, Plaintiffs’ counsel was allowed to argue everything from how Werner should have built a weather command center to how Werner should have given Ali a company email address. The case against Ali was that he should have been going slower because he could have lost control in circumstances prior to the accident. However, the inescapable fact is that he never did. Our legal system should not create liability just because someone could have lost control when they never did. Nor should our legal system allow arguments to be made about issues that are not relevant, but which may unfairly prejudice an employee and his or her employer. For the reasons described below, the judgment should be overturned and rendered in favor of Petitioners.

download the amicus brief