Jim Adler | The Tough, Smart Lawyer
By Jim Adler February 9, 2017

If you are an individual, who is not a medical professional, and offer help out of compassion and in good faith, you may be protected by the Texas Good Samaritan law. Photo by Pixel_away (iStock by Getty Images)

Did you witness a car accident and rush to help an injured person? If so, you are what Texas law considers a “Good Samaritan,” stemming from a Christ parable in Luke 10:33 of the New Testament about a man who helps a stranger in distress. By Texas law, such persons are generally exempt from lawsuits by the injury victim.

However, if you were the car crash injury victim and a so-called Good Samaritan injured you while lending aid, you may be able to sue that person within the bounds of Texas’ Good Samaritan law.

That law generally protects those who try to help an injured person at an emergency scene. They may try to help a victim get out of a vehicle (fire often is a danger after a crash) or even offer medical aid at the scene. Their liability in an injury lawsuit depends on this law.

Texas Injury Lawyers Know Good Samaritan Law

Each state has its own laws about Good Samaritans and their liability after an accident or emergency. The Texas injury lawyers at Jim Adler & Associates’ offices in Houston, Dallas, San Antonio and Channelview know the Texas Good Samaritan law well.

They know that Texas law tends to protect Good Samaritans from claims of negligence when they intervene after a car wreck or other accident by providing immediate medical assistance at the scene.

The Texas Good Samaritan Act holds that “A person who in good faith administers emergency care at the scene of an emergency or in a hospital is not liable in civil damages for an act performed during the emergency unless the act is willfully or wantonly negligent.”

What does that mean? It means if an individual provides help in an emergency situation, that person cannot be sued unless they are clearly negligent. Texas’ law for Good Samaritans is thus designed to encourage people to help in an emergency by protecting them from liability.

Exceptions to Texas Good Samaritan Law

As with many laws, there are exceptions to the Texas Good Samaritan law, which has been revised many times since it was first written. These exceptions mean Good Samaritans who offer aid in an emergency are not exempt from liability if:

  • They expect remuneration or payment for their help
  • They were at the emergency scene to solicit business or offer a service
  • They are someone who normally provides emergency care, such as a nurse or emergency room worker
  • They are a treating or admitting physician associated with the physician of the victim making a medical care liability claim
  • They are the person responsible for causing the injury in the first place, such as a bad driver who then offers emergency aid to a crash victim

In general, such exceptions to Texas’ Good Samaritan law are medical professionals or persons seeking compensation or payment for aid they render in an emergency. If you are not such a person but rather an individual citizen offering help out of compassion, you may be protected by the Texas Good Samaritan law and be exempt from liability.

The Texas Good Samaritan Act thus protects persons who simply provide help out of their own generosity when someone needs immediate assistance in an emergency situation.

More Protections of Texas’ Good Samaritan Act

Additional protections provided by Texas’ Good Samaritan Act include:

  • Protections for unlicensed medical personnel who are not certified or licensed in the healing arts but act in good faith to help at an emergency
  • Protections for persons who use a portable automated external defibrillator in an emergency to check a victim’s heart rhythm, then give the heart an electric shock to restore normal rhythm in a life-threatening situation such as cardiac arrest.

Contact a Texas Car Accident Lawyer

If you need more information about Texas’ Good Samaritan law as it pertains to emergencies such as auto accidents, notify the Texas car accident lawyers at Jim “The Texas Hammer” Adler’s law offices in Houston, Dallas, San Antonio or Channelview.

Perhaps you were injured in a car crash, and then you were further injured by a person who rendered aid with wanton or willful negligence. If so, you may have an injury claim within the bounds of the Texas Good Samaritan law. Consult a car accident attorney with Jim Adler & Associates today, and get the legal help you need.

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Testimonials

Erick Becker
Erick Becker
01:20 06 May 17
I am a Patrol Deputy for the Sheriff Office and while working one night, a drunk driver crossed the center stripe on the highway and struck my patrol vehicle head on with his pick up truck. Needless to say we (the drunk driver and I) were both lucky to survive, as the accident occurred at highway speeds. Following my release from the hospital, I knew that I would need to have someone represent me. My employer was happy to represent me in regards to prosecuting the driver for criminal charges but, can do little in respect to the recovery of financial losses for medical bills, pain and discomfort, time lost from work etc... This is how my relationship with Jim Adler and Associates began. Yep, you probably guessed correctly when you think of what made me choose the "Texas Hammer" to represent me. Those half obnoxious, half way entertaining commercials and radio announcements most Texans have been seeing and hearing on the TV and radio for years instantly came to mind. Yes, I wanted to "hammer" this S.O.B. for trying to kill me but, more importantly I was worried about the costs associated with the life long injuries I had sustained as a result of this drunk driver's negligent behavior. I contacted Jim Adler and Associates and so began our relationship. I was immediately surprised by the prompt attention and the expression of genuine concern for my well being that I received from the employees of Jim Adler's office. Now as you can imagine, lawyers are not a breed that is held in very high regard by people in my profession but, my experiences with Jim Adler's office and his employees have forced me to amend my way of thinking, at least on the civil side of the house anyway. I have to chuckle when I say that because my experience as a client of Jim Adler's firm has been exceptionally pleasant. So before I venture down one of the stereotypical and infinite number of rabbit holes associated with the relationship between members of law enforcement and lawyers; I will do my best to stay focused on my experience with Jim Adler & Associates. Upon being informed that my case had been accepted by Jim Adler's office; I was contacted by Iris Sanchez who informed me that she was to be my case manager and any questions, comments and concerns could be directed to her. I was pleasantly surprised to receive regular calls from Iris assisting with my medical appointments and future follow up appointments. Iris had informed me that Jim Adler's son, Bill Adler would be handling my case and I was even more surprised to receive several calls from Bill to discuss my case. Now you might be thinking "what's the big deal" with the person who is representing you contacting you? In reality, you are correct in that it isn't a big deal but, what is noteworthy and what separates Jim Adler's Office from the multitude of other lawyers is the genuine expressions of concern and the desire Bill Adler conveyed to me to do their best to help me. I felt an immediate connection and instantly realized I had made the correct choice in contacting Jim Adler & Associates to handle my case. One thing I think lawyers and police officers can agree on is the proverbial wheels of justice turn very slowly. Months go by and our professional relationship is never neglected. Through the unwavering attention of Iris Sanchez and Bill Adler himself, I never felt "out of the loop" so to speak and always had a clear understanding of where my case was at in regards to the legal process. In conclusion, I know my brief description of my experiences with Bill Adler and, his assistant Iris Sanchez, cannot provide the credit they deserve. Together they have done an outstanding job representing their firm/employer. If you are seeking a great firm to represent your legal interests and, take comfort in establishing a professional relationship that feels more like a friendship than a casual business acquaintance, then I highly suggest Jim Adler & Associates.
Tierra Clark
Tierra Clark
18:52 19 May 17
My lawyer Bill Adler and case manager Iris Sanchez are amazing! They constantly call and check on you . They keep you up to date through the process. They care about you as a person and not just a client. The wreck was a life changing experience that I've never been through before. I'm just glad I had the right people like Bill Adler and Iris Sanchez to help me through it. Truly satisfied.Thanks and God bless y'all!
Lorenzo Preston
Lorenzo Preston
17:23 26 Jan 17
Jim Adler only offer nothing less than a great experience. They are a very well-established organization. They are outstanding on keeping you up to date with cases. There's no beating around the bush with this organization as they are only straight forward with the whole process. They treat their customers like family as well as go above and beyond to fight cases for you only leaving you with nothing but the best experience. Easy 5-star rated organization. I would highly recommend this one organization you not look over.
Tori Barroga
Tori Barroga
14:17 11 May 17
I was dropped from a previous law firm regarding my case before I called Jim Adler. They immediately took up my case and worked hard on it - I was always up to date with each step they took and the benefits or consequences of each. In the end, I am highly satisfied with the outcome and would not have it any other way. It took some time but I truly appreciate and want to thank everybody who helped me on this journey and worked tirelessly on it.
Bernard Orozco
Bernard Orozco
17:16 23 Feb 17
I am very happy with Jim Adler & Associates. I did not know anyone who has ever used the Law Firm before. The staff is very friendly and treated me as if I were family. At times it got very stressful being without a job. They helped me when I was confused about the process. Mrs. Theresa Rodriguez stayed in contact with me constantly. Checking on me to see how I was doing and to let me know how things were going on there end. The Attorneys that handled my case know exactly what they are doing to take good care of me. Thank You so much Attorney's Mr.Michael Gomez and Mr.Trey Smith.
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