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.
December 24, 2020 – The recent decisions by Boeing to halt production of an obviously danger prone aircraft is a nice call to action in the world of safety. Often, it seems profits come before safety and it appears Boeing is attempting to put safety first in their decision despite the ripples that will no doubt be felt economically worldwide by Boeing and the transportation industry.
https://www.chron.com/business/article/Boeing-CEO-Dennis-Muilenburg-to-step-down-14927109.php
El Paso, Texas (December 23, 2019) – An elderly woman was hospitalized with serious injuries after another woman crashed into her home early Monday morning. At about 1AM on December 23, Margaret Cantu (41) was speeding south on Junction Avenue at Kenworthy Street in northeast El Paso when she lost control of her SUV, hit a rock wall, and then crashed into the bedroom of Rurkio Denison (87) while she was sleeping. Denison sustained critical injuries and was taken to University Medical Center in serious condition. There were also 2 other unnamed parties injured in the incident. Cantu has been charged with Intoxication Assault and is currently being held on bail at the El Paso County jail.
In 2018 there was a total of 773 drunk driving related accidents in the city of El Paso with 33 of those resulting in serious injuries. El Paso ranks 5th in the state with these types of alcohol related crashes, coming in behind Houston, Dallas, San Antonio and Austin. Statewide, driving under the influence is one of the top ten reasons for accidents in Texas(TX Dept of Transportation). Drunk Driving accidents ruin the lives of thousands of people each year by injury or death across the U.S. For more information about the specific statistics for your city, visit the Texas Department of Transportation.
Special Reporting: Jesse E. Guerra Jr. Of Counsel attorney with Carabin Shaw PC
The recent decisions by Boeing to halt production of an obviously danger prone aircraft is a nice call to action in the world of safety. Often, it seems profits come before safety and it appears Boeing is attempting to put safety first in their decision despite the ripples that will no doubt be felt economically worldwide by Boeing and the transportation industry.
Article New York Times – After Boeing Halts Max Production, Suppliers Wait for Fallout
TYLER COUNTY, SATURDAY Dec. 14: A multi-vehicle accident over the weekend in northeast Tyler County sent two people to the hospital with serious injuries. The Hyundai driver, Cora Goneau, 36, failed to yield the right of way to the GMC pickup truck which was towing a horse trailer. The car turned onto Highway 92 in the path of the GMC. Driver Cora Goneauand and her passenger Joseph Griffith, 31, were taken to Baptist Hospital Beaumont with serious injuries. Laramie Dunn, 21, driver of GMC truck – sustained minor injuries. Two horses and six dogs traveling in the vehicles were not injured.
The truck towing a horse trailer was eastbound on Highway 190, while the Hyundai car was traveling westbound. The collision happened at the intersection of U.S. Highway 190 at State Highway 92, just west of Exxon Dam B convenience store, at about 2:00 Saturday afternoon. The GMC pickup truck then struck a Chevrolet Trailblazer and a Ford pickup truck before crashing into the convenience store wall.
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Austin, Texas – Updated 12.19.20 – A woman now identified as Merry Daye (45) was struck by a hit-and-run driver early Monday morning along the 6100 block of Cameron Road in north Austin. Ms. Daye was stopped in the adjoining bike lane and was making adjustments to her bike when she was hit. Emergency crews were called to the scene and she was then transferred to the Del Seton Medical Center where she later died. The vehicle that hit the woman was found a short time later, the investigation is ongoing. Anyone with information regarding this case should call APD’s Vehicular Homicide Unit at (512) 974-6935.
Bicycle Safety – In 2018 alone there were 857 bicyclists killed in the U.S. (Data: United States Department of Transportation) Many of these tragic accidents could have been avoided if motorists follow the rules of the road and keep an eye out for cyclists who share them. Bicycle deaths occur in all seasons in milder climates, and mostly at night and in Urban areas (75%). When driving during these high incident times and areas be extra aware of others on the road. Cyclists also need to remember to bike responsively, go with the flow of traffic, obey all street signs and road markings, assume the other persons in the vehicles do not see you, look ahead for hazards such as toys, rocks, potholes, grates, or train tracks that may be in your way, and as anytime on the road no matter what your mode of transportation, no texting as it is distracting and it takes your attention off of the road.
For more information about the specific statistics for your city in Texas, visit the Texas Department of Transportation.
The success of a Texas personal injury lawsuit relies heavily on the evidence that the parties present. A plaintiff that fails to present evidence establishing the defendant’s negligence is unlikely to receive damages for their injuries. In some instances, plaintiffs are unable to present compelling and relevant proof because the evidence is unavailable. When dealing with potentially relevant evidence, both parties have a duty to ensure that such evidence is preserved and available for trial.
Spoliation occurs when a party fails to preserve or destroys relevant evidence. Trial courts must remedy such conduct because spoliation deprives the fact finder of critical evidence. Some common behaviors that may lead to spoliation are when the offending party destroys video footage, forges or alters safety documents, or tampers with witness statements.
Although Texas does not identify a specific tort for spoliation, the offending party may face other sanctions, including a spoliation jury instruction. In Texas, a judge may give the jury an instruction to make an adverse inference against the offending party. Courts have recognized that a spoliation instruction may unfairly impact a jury’s verdict. In response, the Supreme Court of Texas clarified how to address claims of spoliation and impose remedies.
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.
When a Texas employee is injured on the job, they may be able to obtain Texas workers’ compensation benefits until they are able to return to work. However, a workers’ compensation claimant is limited in the amount they can recover for their injuries. Typically, an injured worker can only recover for their medical expenses and lost wages.
A Texas personal injury claim, on the other hand, allows for an injured employee to recover more fully for their injuries, including for their pain and suffering. However, under the Texas Workers’ Compensation Act, when a workers’ compensation claim is appropriate, it is usually the employee’s sole remedy against their employer. This means that an injured employee may be prevented from pursuing a personal injury case against their employer.
There are several instances in which an injured employee may be able to pursue a Texas personal injury case against one or more parties. For example, if a third party causes an employee’s injuries, the employee may be able to pursue a Texas third-party claim against that person or organization. Third-party claims do not implicate Texas workers’ compensation laws because the named defendant is not the injured worker’s employer.
Texas Injury Lawyers Blog