Personal Injury

Published on: November 7, 2020

WINTER WILL SEE RISE IN CARBON MONOXIDE POISONING WHICH KILLS 500 IN THE UNITED STATES EACH YEAR AND SENDS 50,000 TO EMERGENCY ROOMS

Every year nearly 500 people in the US die from what is a preventable death: accidental carbon monoxide poisoning. Nearly 50,000 people in the U.S. end up visiting emergency rooms each year due to CO poisoning. There are many ways to protect your family, loved ones, guests and renters. Whether you’re at home or traveling, there are steps you can take to help keep yourself and others safe from CO poisoning.

Owners of hotels, rental properties and homes have legal obligations to make sure their properties are serviced and do not pose a risk of renters, friends, family or guests developing CO Poisoning. Winter temperatures now mean an increase in heating systems running for hours which adds to the carbon monoxide risk.

Surprisingly, fumes are produced by more than furnaces.

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Published on: October 28, 2020

Building a Strong Case in a Texas Car Accident Claim

By Carabin Shaw

pexels-pixabay-263402-300x199 Sometimes, unexpected things happen while driving, and pulling to the shoulder of the road is your only choice. Staying parked on the shoulder of the road, however, can be dangerous. Cars that drift out of their lanes can collide with your car, or worse, crash into you as you are attending to your vehicle. When these accidents occur, the thought of filing a San Antonio personal injury claim may feel overwhelming. Indeed, the recovery process can be a complex one, and it is crucial that you know what is required in a Texas personal injury claim.

According to a recent news report, two separate car accidents on a major roadway left two drivers dead. On the day of the first accident, a Chevrolet veered from its lane and crashed into an abandoned vehicle sitting on the shoulder of the road. As a result of the crash, two other cars collided and struck the Chevrolet, whose driver was pronounced dead at the scene. The drivers of the other two vehicles were taken to a local hospital, according to authorities. In the second crash, a woman died while she was on the shoulder, trying to repair a tow strap when a car collided with two disabled vehicles where she was standing.

When you are involved in a car accident in Texas, the law requires that you must first file an accident report with the local police department or sheriff’s office within 10 days of the crash, if you are able. In addition, following an accident, the sooner you file a claim with your insurance company, the better. This way, your insurer can investigate and, hopefully, get you the compensation you deserve as soon as possible. If you wait too long, you may be giving up your chance to report the accident and receive coverage for your losses.

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Published on: October 21, 2020

Two College Students Killed in Recent Texas Car Accident

By Carabin Shaw

pexels-pixabay-289737-300x200 Whether you’re sending your children to college for the first time as a parent or you’ve had an empty nest for a while, the start of an undergraduate career is often every bit as exciting as it is nerve-wracking. On the one hand, you’re proud of your kids for making it this far, but also nervous about what it’ll mean for them being on their own for the first time. However, no one ever expects to get bad news and hear that their children were involved in a major accident while away from home. When these incidents occur, those responsible can be held accountable through a Texas wrongful death or personal injury lawsuit.

According to a recent news report, two Dallas Baptist University students were killed in a deadly car crash. Both students had only just arrived on campus for their freshman year and were passengers in a friend’s car when the at-fault party crashed into their vehicle. Authorities reported that three other students were also involved in the accident and are recovering from non-life-threatening injuries. Currently, the investigation is still ongoing, and it is unclear if the responsible driver will be facing charges or if drugs or alcohol played a role in the accident.

In Texas, following an accident like this one, there are several legal actions you can take. Perhaps the most common is assessing whether you have a wrongful death claim. When a person passes away because of another person’s wrongful actions, you may have grounds for a claim. More specifically, in Texas, the death must have come about due to a “wrongful act, neglect, carelessness, unskillfulness, or default.”

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Published on: October 6, 2020

Recovering after a San Antonio Workplace Accident

By Carabin Shaw

pexels-oliver-king-4067795-300x200 Many Texans spend the majority of their time at work. As a result, San Antonio workplace accidents are very common, even for those with jobs that are not physically demanding. Indeed, an on-the-job accident can occur at any moment, and for almost any reason. Thus, all employees need to understand their options when it comes to recovering after a work-related accident.

There are two types of claims that a worker can bring after an on-the-job accident. The first, a workers’ compensation claim, is the more common of the two types of claims. The workers’ compensation system provides employees a simplified way to obtain compensation for a work-related accident without needing to prove that their employer was at fault. Because the workers’ compensation program is a no-fault system, these claims are typically quicker to process than traditional personal injury claims.

The main drawback of workers’ compensation claims is the availability of damages. Injured employees who successfully bring a Texas workers’ compensation claim can obtain benefits for their medical expenses, lost wages, and any decrease in earning capacity. However, unlike a personal injury case, a workers’ comp claim does not entitle an employee to non-economic damages.

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Published on: September 28, 2020

Amazon Products Sold in Texas Being Flagged as Fire Hazards

By Carabin Shaw

Because of social distancing requirements in the wake of COVID-19, people in Texas are taking advantage of shopping from the comfort and safety of their own homes. In addition, the ease and availability of all kinds of products through online retailers has made it possible to purchase everything from your family’s weekly grocery haul to the newest gadget. But when that package arrives on your doorstep, is the item you have received safe? Outside of the convenience factor of the shopping experience, can we trust online retailers and their products? If you are a Texan who has purchased a faulty product from an online retailer that has become a hazard or dangerous, you may be eligible to receive compensation through a product liability claim.

According to a recent article, an investigation has revealed that dozens of AmazonBasics electronics and other products have remained for sale despite consumers reporting that they were potential fire hazards. AmazonBasics is one of the massive retailer’s most popular lines, with a variety of budget-friendly products that range from kitchen and home basics to electronic accessories. The investigation yielded nearly 1,500 reviews on the Amazon website involving more than 70 products described as potentially dangerous. Despite reviews on these items using terms like “hazard” or “fire” or demanding the product to be recalled entirely, many of these items still remain for sale on the retailer’s website.

Following these reports, three lawmakers are demanding the recall of any hazardous products bearing the Amazon brand. Although the retailer did not respond directly to the investigation, electrical engineers told investigators that other factors may be at play when using these products, such as faulty wiring within a home or user error. According to the engineers, electronics sold under the AmazonBasics name should not typically pose a danger to the public when properly made and used according to instructions. Critics disagree.

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Published on: September 21, 2020

Recovering After a Texas Motorcycle Hit-And-Run Accident

By Carabin Shaw

pexels-alexas-fotos-2156246-300x196 Many people prefer motorcycles to cars because of the freedom associated with whizzing down the road. In addition to making your daily commute potentially easier and more fun, motorcycles can also offer an increased sense of mobility. However, a certain degree of risk comes with operating a motorcycle – without the steel exterior of a car to protect you on the road, you may be more at risk in the event of a serious accident. When an accident happens unexpectedly, especially if you are riding a motorcycle, the consequences may be drastic.

In a recent news article, local Texas authorities reported that two motorcycle riders were killed in an early morning hit-and-run accident. One of the motorcyclists was a local high school student. Police are still currently investigating the details of the collision and have identified an individual who is suspected to have been involved in the crash.

In Texas, accidents involving motorcycle hit-and-runs can often be complex. Following a hit-and-run accident, it is important to obtain the necessary medical attention. Next, documenting the scene is a crucial step in identifying the person who caused the accident and fled the scene. Taking photographs, writing down everything that you can remember from the accident, and searching for potential witnesses or traffic camera footage could strengthen your claim. If the at-fault party is identified, potential plaintiffs should file their claim as soon as possible because of the two-year statute of limitations in Texas motorcycle accident cases.

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Published on: September 15, 2020

Accident Victims Should Anticipate Defenses in a Texas Weather-Related Accident Claim

By Carabin Shaw

pexels-blue-ox-studio-1686961-300x225 Everyone has heard a friend or loved one jokingly claim that everyone forgets how to drive when it rains. However, inclement weather or slippery and wet conditions can be a major danger to motorists, especially if there are many cars on the road. Every driver knows that when weather conditions are poor, driving with extra caution is crucial to ensuring your safety and the safety of others. Unfortunately, even with the utmost of caution, sometimes accidents inevitably happen.

In a recent news report, a tragic weather-related car accident left two Texans dead and one injured. The young driver and her passenger were both killed when their vehicle was hit head-on by a pick-up truck. According to officials on the scene, the pick-up truck was driving when it began to hydroplane and was sideswiped by another large vehicle, causing the pick-up truck to hit the deceased’s vehicle head-on. The driver of the pickup truck was taken to a local hospital on an ambulance because an air ambulance and helicopter was unable to fly due to the inclement weather. Officials on the scene reported that the accident was both a result of the weather and because of the hydroplaning of the responsible party’s pick-up truck.

In Texas, the weather is notoriously unpredictable. If you are involved in a vehicle collision, there are certain legal defenses that you should be aware of before initiating a claim. Some potential main defenses include:

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Published on: September 8, 2020

Tragic Texas Car Accident Leaves Local Sheriff’s Deputy and Fiancé Dead

By Carabin Shaw

pexels-mike-192364-300x225 For many, a car serves as the primary method of transportation on a daily basis. However, no matter how careful someone is while on the road or how skilled they are at driving, other motorists who do not follow the traffic laws pose a significant threat. When others are careless and cause accidents or even fatalities to occur on the road, those who are responsible can be held accountable for their actions through a Texas personal injury lawsuit.

In a recent news report, a young Sheriff’s Deputy and his fiancé were killed in a tragic car accident. Officials say that a tanker truck may have run a stop sign and crashed into the deputy’s vehicle, which killed his fiancé on impact. He passed away shortly after and his brother, who was also a passenger, was airlifted in critical condition to a local hospital with spinal, facial, and arm injuries.

In Texas, cases like these can often pave the way for potential wrongful death claims. To file a wrongful death claim, one must first ensure that the circumstances surrounding their potential case fall within Texas’s definition of wrongful death. Claims can be filed by specific parties if the death is caused by a wrongful act involving carelessness, unskillfulness, or neglect. Thus, potential plaintiffs could have a claim if their loved ones die because of the negligence of others, such as during a major car accident, or a vehicle collision involving distracted driving.

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Published on: August 13, 2020

Is Evidence of an Accident Victim’s Failure to Wear a Helmet During a Texas Motorcycle Accident Admissible?

By Carabin Shaw

pexels-alexas-fotos-2156246-300x196 When a plaintiff brings a Texas personal injury case following a motorcycle accident, various types of evidence are often discussed during the case. Plaintiffs will face all kinds of questions designed to reduce a defendant’s liability. Was either of the parties under the influence of any kind of substance? Did the weather cause slippery or dangerous conditions? Was the victim taking all the necessary safety precautions and wearing a helmet?

In a landmark Texas Supreme Court opinion, the court overturned 40 years of precedent and reversed rules that previously precluded evidence involving a plaintiff’s failure to wear a seat belt. Previously, the court had held that such evidence was inadmissible because it would reduce a claimant’s ability to recover for the injuries they sustained in an accident based on actions that did not contribute to the accident. However, in a change of heart, the court decided that evidence of use or non-use of seat belts would now be admissible for the purpose of apportioning liability in such claims.

Upon further analysis, the Texas Supreme Court’s opinion does not simply or only extend to seat belts. It held that relevant evidence of use or non-use of seat belts, and relevant evidence of the claimant’s pre-occurrence, injury-causing conduct is admissible. Because of the broad nature of pre-occurrence, injury-causing conduct, attorneys may now have the opportunity to submit evidence that motorcycle accident victims suing for damages in civil lawsuits were not taking full safety precautions by choosing not to wear a helmet.

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Published on: August 8, 2020

Recovering from a Texas Public Transit Bus Accident

By Carabin Shaw

For some people, a daily commute is an escape before the demands of the day. For others, it can be stressful. For those who rely on public transportation to get around on a daily basis, there is a reasonable expectation of safety while they are on board a bus or train. Indeed, no one expects to be injured while on public transit. However, when these injuries occur, those responsible may be held accountable for their actions through a Texas personal injury lawsuit.

For example, in a recent Texas Supreme Court opinion, a plaintiff was injured while riding a bus supplied through a public transit authority. The plaintiff boarded a bus and grabbed onto a hanging strap. The bus was operated and driven by a new employee who was still in training, with his supervisor standing behind him. As the driver pulled away from the stop, another passenger shouted, “Back door!” to notify the driver that a passenger was still trying to exit from the vehicle’s rear door. Although the bus was only traveling less than five miles per hour, the driver made an abrupt stop, causing the plaintiff to fall forward into the partition behind the driver’s seat. The plaintiff suffered injuries to his neck and shoulder. After several months of treatment, the plaintiff underwent surgery to repair a herniated disc in his neck.

The plaintiff sued the transit authority, claiming it was negligent and responsible for his injuries. Because the defendant was a common carrier, the plaintiff argued, they owed him a duty to exercise “a high degree of care.” In Texas, common carriers are people or entities that are in the business of carrying passengers or goods and are hire-able by the public. To qualify as a common carrier, the entity must provide transportation services to the general public, as opposed to services for particular individuals or specific groups.

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