December 2019 – The Carabin Shaw Law Firm is proud to be named Best Car Accident Lawyers in San Antonio for 2019. The award, presented by Expertise.com, recognizes Carabin Shaw for the firm’s outstanding experience and professionalism in providing Personal Injury legal services to their clients across the U.S. The EXPERTISE AWARD was presented this month.
Las Cruces, NM (December 7, 2019) Mother and son, 25 year-old Elide Garcia and 6 year-old Jose Luis Wences were killed by a suspected drunk driver on Saturday night December 7th. The Las Cruces residents were struck head on by an SUV going the wrong way on Loop 375 near Bowie High School in El Paso on their way home to Las Cruces. Jose died upon impact while his mother, Eldie, passed a short time later at the hospital. Eldie Garcia’s boyfriend, Alberto Cuellar was also in the vehicle and remains hospitalized in serious condition.
The suspected drunk driver of the other vehicle, Juan Martinez, was also hospitalized and will be booked and charged with 2 counts of intoxicated manslaughter when released. Martinez, was driving his SUV eastbound in the wrong direction on Loop 375 west when he hit the other car Saturday night.
This photo comes from Google Maps
El Paso TX (December 9, 2019) Two pedestrians were thrown off an overpass and fell approximately 4 stories, one to his death and the other in serious condition Monday evening. The accident happened when the 2 victims, Carlos Lechuga (35) and Hector Martinez (33) were assisting a driver of a stalled 18-wheeler. The truck was stopped on the ramp of 375 and I-10 near the Americas interchange. The 2 men had pulled their GMC Sierra in front of the semi truck and were out of their vehicle at the time. An Escalade driven by a Martin Castaneda (22) struck the rear of the semi and then the rear of the GMC Sierra pushing the men off the overpass and onto the highway 40 feet below. Both men were taken to Del Sol Hospital with serious injuries where Mr. Lechuga later died. The driver of the Escalade was also hospitalized with minor injuries. At this time the accident is still under investigation as per the El Paso police.
Pedestrian Fatalities In 2018 there was a total of 5,684 pedestrian related accidents in Texas with 617 of those resulting in deaths. (TXDot) The Governor’s Highway Safety Association estimates that Texas is one of the 5 states that has the highest number of pedestrians killed along U.S highways. Pickups, SUVs and crossover utility vehicles are responsible for the increased severeness of injuries to these pedestrians. As a result, people who are hit by one of these larger and more powerful vehicles are more likely to suffer serious injuries or death. Pedestrian fatalities involving SUV’s jumped by 50% between 2013 to 2017. (GSHA.org)
For more information about the specific statistics for your city, visit the Texas Department of Transportation.
Getting involved in a Texas car accident is a stressful experience that no one ever plans on encountering. However, recent government statistics show that an average of 265,000 Texans are injured each year in car accidents. Of those, about 17,500 motorists will be seriously injured and another 3,500 will lose their life. Thus, while no one counts on being involved in a Texas car crash, every motorist should be prepared in the event an accident occurs.
The moments flowing a Texas car accident are often described as a blur. However, there are some very important things that accident victims should keep in mind to preserve their rights during what can be a crucial time.
Earlier this month, a deadly car crash in Spring, Texas, sent four individuals to the hospital, one of whom tragically died shortly after arrival. According to a local news report covering the accident, the two vehicles involved were driving opposite ways on a street at around 10 o’clock in the evening. One of the vehicles, an Infiniti coupe driving eastbound, failed to stay in their appropriate lane and drifted over the center turn lane, ultimately striking the westbound pick-up truck head-on.
Emergency officials responded quickly to the accident, and all the occupants were sent to the hospital. In the worst condition were those in the Infiniti coupe that had crossed lanes; the passenger was transported to the hospital via helicopter in critical condition, but ultimately died. The at-fault driver was taken to the hospital in serious condition where he underwent surgery. The couple in the pick-up truck, on the other hand, were fortunately in stable condition when they were brought to the hospital, although they likely still experienced injuries. Police reported that they suspect the driver of the Infiniti coupe was under the influence of drugs at the time of the accident, adding another tragic layer to this accident.
While many accidents are unavoidable, drivers have a duty to drive carefully and to take steps to avoid risk factors that contribute to an accident. This duty includes not driving while under the influence of drugs and alcohol. Intoxicated driving is incredibly dangerous, and places all those on the road with the driver in danger. Texas law allows individuals injured in a car accident to submit a claim to recover monetary compensation from another driver if that driver failed to operate their vehicle with due care —by driving under the influence, for instance. Even if the victims did not undergo major surgeries and were in stable condition after the accident, as is the case in the tragic accident discussed above, smaller injuries resulting from car crashes can plague accident victims for years. Too many of these victims do not consider pursuing claims against the driver at fault because of misinformation they receive from insurance companies or other biased sources. Texas accident victims are encouraged to consult with a Texas personal injury attorney, who can help them figure out if they have a claim for compensation.
Despite harsher laws and awareness campaigns, impaired driving continues to be a problem in Texas and throughout the country. According to the Centers for Disease Control and Prevention (CDC), every day, 29 people die in drunk driving crashes in the United States. The CDC also reports that the percentage of adults who reported driving after drinking too much was higher in Texas than nationally. According to the Texas Department of Transportation, in 2018, there were 4,986 Texas drunk driving accidents, and 1,228 crashes caused in part by drivers under the influence of drugs.
Under Texas law, a person can be arrested and charged with driving while intoxicated with a blood alcohol concentration (BAC) of .08 or higher. Yet, a person can still be driving while intoxicated even under that BAC if the person’s driving is impaired, whether from alcohol or other drugs. The criminal penalties can be up to 10 years in prison and a $10,000 fine, among other penalties. In addition, commercial drivers can be charged with a .04% BAC, and those under 21 can be charged for any amount of alcohol.
Individuals who are injured in a drunk driving crash can bring a legal claim against a drunk driver to recover financial compensation. Evidence that a driver was driving while intoxicated, including being arrested for DWI, may be used in a civil claim against the driver. However, an accident victim still must prove that the defendant’s conduct was the legal and factual cause of the plaintiff’s injuries. A drunk driver may still try to blame the plaintiff for the crash, or argue that some or all of the plaintiff’s injuries were not a result of the crash.
When a Texas minor child engages in negligent or reckless behavior resulting in personal injury or property damage, the child’s parents may be responsible. The Texas Family Code, section 41 (the code), details parental responsibility in instances where a child causes property damage. Under the code, the parent or guardian of a Texas minor face liability if their child causes property damage to another in two instances. First, if the child’s negligent behavior was because of the negligence of the parent. This part of the code applies regardless of the child’s age, as long as they are under 18 years old. Second, if the child is between 10 and 18 years-old and willfully and maliciously caused the damage. To apply this section of the statute, the plaintiff needs to establish that the child had a purpose or intent to cause the accident. There are limits on the damages a Texas plaintiff can receive in these situations. A Texas plaintiff can receive actual damages up to $25,000 per occurrence, plus attorney’s fees and court costs.
Parents can still be liable even if their situation does not fall squarely within the Texas statute. Under Texas common law, parents can still face liability for injuries that are a result of their child’s willful, malicious, or negligent behavior. Texas injury victims can file personal injury lawsuits against the parent of a child based on parental negligence. Parental negligence claims often occur in instances where a parent knows that their child is inclined to engage in careless or reckless behavior but fails to take steps to prevent the behavior.
There are various situations where a parent or guardian may face independent liability or vicarious liability based on their child’s behavior. For example, according to a recent news report, a Texas father faced criminal charges after he allowed his 12-year-old daughter to drive his car. In this case, the father let his daughter drive his vehicle even though she was underage, and there was a toddler in the backseat. The daughter accelerated too quickly and ran over a man and his dogs in their apartment complex. Tragically, the man and his dog died instantly. Initially, the father told police officials that he was driving the car, but video footage revealed that his daughter was the driver. She admitted that her father was teaching her how to drive. In addition to criminal charges, the father may face civil liability for the deaths as well.
Car accidents often result in accident victims sustaining major injuries, necessitating significant and ongoing medical treatment. Given the escalating costs of medical care, this treatment is incredibly expensive, and often reaches tens of thousands of dollars, even for what may initially seem to be minor injuries. Of course, most motorists who cause an accident do not have that kind of money available to compensate an accident victim. Thus, the availability of insurance is a critical component of almost all Texas car accident cases.
In Texas, all motorists are required to maintain insurance on their vehicles. There are several types of Texas car insurance; however, only some are required by law. Texas motorists must obtain the following coverage:
When an individual is injured in a Texas car accident, they can incur serious financial costs as a result of doctor’s visits, lost wages, and surgeries. In a perfect world, the victim will receive monetary compensation for their injuries if they were caused by another person’s negligence, either from the at-fault party or from their insurance company. However, sometimes, the costs incurred from an accident are far more than the at-fault driver can cover, especially if they are uninsured or underinsured.
Unfortunately, it is estimated that over 2 million drivers do not have any liability insurance, although Texas requires it for all drivers. Under Texas car insurance law, insurance companies are required to offer drivers uninsured and underinsured motorist coverage, also known as UM and UIM. This coverage protects individuals who are injured in an accident where the responsible party either does not have insurance or does not have enough insurance to fully cover the damage. However, the amount an individual receives from UM/UIM coverage depends on the coverage limit, and there may still be times when this is still not enough to cover all of the costs of an accident.
Texas law allows accident victims in some cases to “stack” their UM/UIM limits from separate policies if they have coverage on more than one vehicle. For example, a family may decide to purchase UM/UIM insurance for two vehicles with coverage of up to $25,000 per vehicle. If one family member is injured in a crash with a negligent uninsured or underinsured driver, resulting in medical bills of $50,000, their UM/UIM coverage will only cover half of that. However, if the insurance policies allow stacking, the coverage from the second, uninvolved vehicle could also be used, adding an additional $25,000 to fully cover the $50,000 in damage. This can only happen if the two vehicles are covered under separate policies, however, rather than one.
Experts agree that seat belts help save lives. And it is common knowledge that drivers and passengers should always wear their seat belts regardless of the length of the trip. However, what is less known is that the seat belt defense may allow a defendant in a Texas car accident case to use an accident victim’s failure to wear a seat belt against them.
The seat belt defense is really an interpretation of the rules of evidence, specifically, whether evidence of the plaintiff’s failure to wear a seat belt is admissible. For the most part, only relevant evidence is admissible. Most states do not allow defendants to use the seat belt defense, because they consider such evidence irrelevant. Specifically, these jurisdictions determined that whether a person is wearing a seat belt has nothing to do with whether the defendant negligently caused the accident.
Of course, defendants naturally want to introduce seat belt non-use evidence to argue that the plaintiff is responsible for their injuries, and that they should not be on the hook for damages that the plaintiff could have prevented. And, in a 2015 case, for the first time, the Texas Supreme Court held that seat belt non-use evidence was admissible, reversing a long line of decisions.
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