If you see someone get into an accident and suffer injuries, your instincts may be to help them and provide care even if they did not request it. While this is a natural reaction to seeing someone getting hurt, something may go wrong and result in further injuries to the victim. For this reason, Texas enacted the Good Samaritan Act to protect those who voluntarily help others after accidents.
If you have been involved in an accident and suffered injuries through no fault of your own or you have helped someone in this situation, our experienced lawyers at Mott & Moffett can help you understand Texas’ Good Samaritan law and how it could potentially impact your claim. We understand these laws can be confusing, so we use our vast knowledge and transparent communication to lay out the terms clearly and concisely. Our compassionate lawyers guide you through the entire process to alleviate your stress and help you better understand your legal options.
What Is the Texas Good Samaritan Act?
A good samaritan is an individual who helps an injured person in good faith and provides emergency care without expecting anything in exchange for their assistance. However, in some cases, the help a good samaritan provides may cause harm to the injured person. In these cases, the bystander would not be liable for these damages, thanks to Texas’s Good Samaritan law.
Texas lawmakers passed this law to encourage people to help those needing emergency care, as many bystanders would avoid doing so out of fear of getting sued. As long as the volunteer has good, honest intentions when helping the victim, the victim cannot take legal action against them. However, this law has exceptions and limitations. We can explain these details in simple terms, so you can understand who the law applies to and how it could affect your claim.
4 Exceptions to the Texas Good Samaritan Law
In certain circumstances, if someone helped an accident victim, they could be liable for damages. These exceptions to the Good Samaritan law include the following:
Gross Negligence
Even though a good samaritan volunteers to help a victim, they still owe that person a reasonable duty of care. Therefore, if someone’s help significantly worsens the victim’s condition or creates a new one, the victim may file a claim against them for breaching their duty of care and acting negligently.
Business Reasons
If someone helps an injured individual to solicit business, they may not have protections from the Good Samaritan Act. This may include medical professionals, insurance adjusters, lawyers, and tow truck companies.
Paid Healthcare Providers
If a medical professional provides emergency care for an injured victim, does not properly administer the care, and expects compensation for their services, the victim could file a claim against them and pursue compensation for the damages the healthcare worker caused.
At-Fault Party
The person responsible for the accident can help the injured victim, but they do not receive the protections the Good Samaritan law provides. They may still be responsible for paying the victim’s damages.
Get in Touch With a Reputable Texas Personal Injury Lawyer at Mott & Moffett
Texas’ Good Samaritan Law helps protect those who sincerely help victims after an accident, but it can be challenging to know if it affects your case due to its various exceptions. Fortunately, our knowledgeable lawyers at Mott & Moffett understand this law and how it could apply to your claim. No matter your circumstances, we provide trusted advice about navigating your situation and protecting your rights as an accident victim or good samaritan.
Our experienced lawyers have represented Texas personal injury victims for many years, so we understand that every claim is different and requires unique solutions. Therefore, we work closely with you every step of the way, beginning with a free consultation to understand your story and develop a customized plan based on your needs. To schedule yours, fill out our contact form or call (888) 596-6582.
