Articles Posted in Personal Injury

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CS-San-Antonio-9-300x300Recently, a Texas district court issued an opinion in a lawsuit stemming from injuries a man suffered during a workplace altercation. According to the record, the plaintiff worked in a storeroom of a clothing store that is operated by a larger company. The plaintiff and another employee became involved in a verbal altercation requiring intervention from a supervisor. The supervisor presented the parties with the options to either quit their jobs, change shifts, or continue working together-they chose to continue working together. About a week after the verbal altercation, the men became involved in another argument, and the employee punched the plaintiff. Both of the men were terminated from their positions. The plaintiff filed a lawsuit against the parent company, arguing that they were liable for his injuries because of negligent hiring, negligent training, negligent supervision, retention, and monitoring. A jury found in favor of the plaintiff, and the company appealed.

Among other issues, the company argued that they were not liable because the men were not employees of the parent company, but rather of a subsidiary. The company argued that the plaintiff did not establish that the defendant had an employment relationship with any of the parties involved, or that they controlled the subsidiary’s safety policies. Therefore, the jury’s finding was not supported by the evidence.

Under Texas laws, the court will sustain a sufficiency of the evidence challenge if there is a complete absence of an essential fact, the trial court is barred by the law to give weight to the evidence offered to prove a vital fact, if the preferred evidence is no more than a “mere scintilla,” or the evidence established the opposite of a vital fact. Evidence rises to a sufficient level if it would allow fair-minded people to differ in their conclusions. Further, if the evidence does not create more than a slight suspicion, it is not sufficient.

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pexels-burak-k-67088-300x200We’ve all been there—after a long day at work, or on the way to work, you find yourself fighting to keep your eyes open to focus on driving. In Texas, where most people own a car and driving is a regular part of getting around and commuting, Texas drivers are especially susceptible to these accidents because of how much time is spent on the road. Whether it was stress from the day or a restless night of sleep the night before, drowsy driving is dangerous and can often lead to fatal consequences. Unfortunately, Texas drowsy driving accidents are more common than you may expect.

According to a recent report, fatal drowsy driving accidents continue to be a widespread public safety issue in the United States. Between 2010 and 2018, drowsy driving accidents killed 7,392 people nationwide. In total, 22% of these accidents occurred on Texas highways and interstates, making the state home to America’s most drowsy drivers. Although the number of fatalities caused by these accidents has decreased since 2010, the number of accidents in Texas continues to be nearly four times greater than the state with the next greatest percentage of fatalities. On the state’s busiest, traffic-heavy roads, there were ten times more fatal crashes than the national average.

When it comes to drowsy driving accidents, people 25 to 34 are most susceptible to these crashes. Nearly 16% of victims from 2010 to 2018 were in this category, making this statistic especially troubling. Because a single accident stemming from drowsy driving is likely to kill more than one person, the lethal nature of these accidents must be emphasized.

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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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pexels-pixabay-263402-300x199Sometimes, 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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pexels-pixabay-289737-300x200Whether 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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pexels-oliver-king-4067795-300x200Many 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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https://www.texasinjurylawyersblog.com/files/2020/09/Screen-Shot-2020-09-28-at-8.44.28-PM-300x112.pngBecause 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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pexels-alexas-fotos-2156246-300x196Many 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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pexels-blue-ox-studio-1686961-300x225Everyone 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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pexels-mike-192364-300x225For 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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