Wrongful Death

Published on: October 2, 2014

Tractor-Trailer Crashes Into Texas College Bus

Recently, four people died and over a dozen were hurt in a Texas college bus crash. The accident happened when a tractor-trailer crossed a median in Oklahoma and crashed into the bus, which was transporting a women’s college softball team.

The team was going home after a scrimmage in Oklahoma. Three of the women died at the scene, and a fourth died at a hospital. The sides of the bus were heavily damaged. The National Transportation Safety Board sent investigators to the site, and both the bus driver and the tractor-trailer driver had to take toxicology tests.

A major accident like this can be devastating both physically and financially. When multiple people are harmed, it can be difficult to sort out who should pay and how much should be paid. In general, the party at fault must pay. If the tractor-trailer driver in the situation described above was 100% at fault, its insurer will have to sort out multiple claims against the same policy. It may be possible to reach a global settlement. However, a knowledgeable personal injury attorney will also look into other sources of recovery because a single insurance policy does not always cover all of the injuries, physical and emotional, that arise out of an accident involving multiple fatalities.

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Published on: September 16, 2014

Texas Ranch Operator Liability for Trespassers’ Fatal Truck Crash

By Carabin Shaw

A family from Mexico — a mother, father, and child — hired a “coyote” to transport them into the United States, to either New Orleans or Houston.

He picked them up in a truck at a safe house in Texas, along with another passenger. They drove to the private Jones Ranch, arriving before dawn. The coyote ordered his passengers to move from the back seat to the floor of the truck. Somehow he had keys to the locked gate of the ranch and drove onto the property.

A ranch employee spotted and stopped the strange truck, even in the early morning darkness, and asked the driver what he was doing on the ranch. The employee observed only the driver and a front seat passenger and also wrote down the license plate number of the truck.

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Published on: August 18, 2014

Death of a Minor in Go-Kart Accident in Texas

By Carabin Shaw

Recently, a 14-year-old girl passed away after a go-kart accident outside the Texas Motor Speedway, where she was participating in a go-kart race. The race was sponsored by the Sports Car Club of America. The girl’s go-kart kept going after she crossed the finish line and crashed through a low fence. Her helmet fell off when she crashed. Although she was airlifted to a hospital, she was pronounced dead afterward. It is not known whether the girl lost control because she suffered some sort of medical condition, or if the go-kart experienced a mechanical failure.

If the cause of an accident causing injury or death to a minor is mechanical failure, it may be appropriate to bring a wrongful death lawsuit. In Texas, a plaintiff bringing a product liability suit must prove the product was defective, the product reached the plaintiff without a substantial change in its condition, the defect made the product unreasonably dangerous, and the defect caused the plaintiff’s injuries and resulting damages.

When a product liability suit is brought, your attorney will need to retain experts to prove whether there was a design, manufacturing, or marketing defect and to testify about whether there was a safer alternative design. When there is a manufacturing defect claim, the plaintiff’s expert must be able to testify that the product deviated from its planned specifications. When there is a marketing defect, the plaintiff will have to show that the product lacked an adequate warning.

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Published on: July 14, 2014

Texas Mother and Two Children Killed in a Wrong Way DWI Crash

By Carabin Shaw

A mother and her two children were killed recently by a driver driving the wrong way in Kilgore, Texas. The driver may have been intoxicated at the time, and had previously been convicted of anther DWI.

The crash occurred early in the morning, on Loop 259 near Dudley Road. Police officers responding to a 911 call found the children, a five year old and a 12 year old, dead and their 43-year-old mother unconscious. Their father, who had been driving, was conscious, but dazed. The mother later died after being taken to a local hospital.

The Department of Public Safety determined that the series of events that led to the crash began when an oil field truck driven by 22-year-old Shelby Taylor was traveling southbound in the northbound lane near Gregg and Rusk County when it crashed into the victims’ van. The father attempted to swerve out of the way, but was unable to avoid the truck in time. It was unclear whether the mother and children were not wearing seat belts at the time, and had been sleeping in the back of the van.

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Published on: May 27, 2014

GM Issues Its Seventh Recall of Vehicles in a Week, Thirtieth This Year

By Carabin Shaw

General Motors has come under the spotlight due to its recall of 13.8 million vehicles in the United States, including those sold in Texas. This has included the most recent recall of 500 new pickup trucks and SUVs due to an airbag malfunction and 2.6 million vehicles due to a faulty ignition that has led to 13 deaths.

The most recent calamity to hit GM was the faulty ignition defect. The defect led to a situation where key rings holding more than one key could cause the ignition to switch to the accessory position or the off position. That could lead to the loss of power, including power steering and breaking, as well as preventing airbags from deploying in the event of a front-impact crash.

According to the National Highway Traffic Safety Administration, GM was aware of the defect prior to 2014, but chose to do something about it only this year. The agency criticized GM for waiting so long, noting that the families and friends of those killed as a result “deserve straight answers about what happened.” In response, GM claims that it has launched a new unit that will quickly uncover any safety defects and issue recall notices for the applicable vehicles. For delaying the recall of vehicles with ignition problems, GM will pay a fine to the National Highway Traffic Safety Administration of $35 million. That is unlikely to be the last time GM issues a payout, given that many families of those killed will probably file wrongful death lawsuits. Some believe that the lawsuits against GM could force the company to pay out as much as $10 billion.

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Published on: April 18, 2014

While West, Texas Commemorates Anniversary of Factory Explosion, State and Federal Lawmakers Fail to Act

By Carabin Shaw

Residents of West, Texas recently commemorated the one-year anniversary of a major fertilizer explosion that killed 15 people, injured 200, and destroyed homes, schools, and a nursing home. One concern of many is that despite this deadly lesson, not enough has been done to implement new safety rules that would prevent a similar catastrophe from occurring.

In April 2013, a fertilizer plant that had operated for more than 50 years on the north side of town exploded, killing first responders who arrived to contain a fire in the facility. No plant workers were killed, but that may have been merely good fortune, as the Occupational Safety and Health Administration (OSHA) had fined the plant previously for improper storage of anhydrous ammonia. However, OSHA’s fine was for just $30, when it could have been for as much as $1,000. It turned out that the damage from the plant explosion would amount to $100 million.

While investigators have determined that stored ammonium nitrate caused the explosion, they still do not know what caused the fire that ignited it.

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Published on: February 6, 2014

Tarrant County Judge Denies Jail Time to Teen Who Killed Four While Driving Drunk

By Carabin Shaw

Last month, this blog discussed the case of Ethan Couch, a 16-year old who drove while intoxicated and killed four people in Tarrant County. Couch’s defense attorneys argued that Couch suffered from “affluenza,” or the inability to know right from wrong due to growing up in a wealthy home where he was given everything he wanted. The Tarrant County judge, Jean Boyd, sentenced Couch to probation rather than jail time, which drew outrage from the victims’ families and the general public. District Attorney Joe Shannon had hoped to persuade the judge to reconsider and give jail time for two intoxicated assault charges.

Instead, Judge Boyd confirmed recently that no jail time would be included in Couch’s sentence. Couch will instead be on probation for 10 years, part of which will be spent in a locked rehabilitation facility that could cost Couch’s parents up to $450,000 a year. During probation, Couch cannot drink alcohol, use drugs, or drive. If he violates the terms of probation, he could be sentenced to 10 years in prison. The hearing was closed to journalists and the general public, so there is no knowing whether Judge Boyd elaborated on her reasons for choosing this sentence.

The tragic accident took place in June 2013, after Couch and his friends had allegedly robbed a Wal-Mart store. The teenagers then piled into Couch’s Ford F-350 pickup truck, with some riding in the truck bed. Couch proceeded to drive at 89 miles an hour down the Burelson-Retta road in southern Tarrant County, with a blood alcohol level of more than three times the legal limit of .08. Couch then struck four people on the side of the road — a mother and daughter who had come to pick up a stranded friend, and a pastor who offered to help. All were killed, and two of Couch’s friends flew out of the truck bed and suffered severe injuries. One is unable to speak or move, while the other suffered broken bones and internal injuries.

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Published on: January 14, 2014

Teen Who Killed Four in a Drunk Driving Accident May Face Jail Time After All

By Carabin Shaw

Many in Texas and across the United States were horrified to learn the outcome of a drunk driving case in which four people were killed. Ethan Couch, 16 years old, pleaded guilty to intoxication manslaughter and intoxication assault in Tarrant County court. In return Judge Jean Boyd sentenced Couch to 10 years probation. Prosecutors criticized the judge for so easily accepting the “affluenza” defense, and for giving a lighter sentence than many would receive for such a crime. However, Couch may end up yet serving time if the district attorney has his way.

The tragic case began back in June 2013, when Couch and several of his friends robbed a Wal-Mart store before they got into Couch’s Ford pickup truck and drove at 89 miles per hour down the Burleson-Retta road in southern Tarrant County. Couch, the driver, had a blood alcohol level of more than three times the legal drinking limit when he plowed into four people stopped by the side of the road. They included a mother and daughter who had gone to help a stranded friend, the friend, and a youth pastor who had stopped to help. Couch’s collision also left one of his friends critically injured.

In court, Couch’s attorneys argued that Couch suffered from “affluenza”: he had grown up rich and had received everything he wanted, making him incapable of knowing right from wrong. Couch elected to have Judge Boyd sentence him rather than face a jury. He stood to receive up to 20 years in prison, but instead, Judge Boyd ordered that he be released to his parents and be placed at Newport Academy treatment facility, which cost $450,000 per year, which his parents would be required to pay. Couch would remain for at least three months. He has already been twice cited for driving at 89 miles per hour while under the influence, and pleaded no contest. Two of his requirements were to take an alcohol awareness class and do 12 hours of community service.

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Published on: December 27, 2013

South Texas Jury Awards $281 million to family of man killed in Eagle Ford Shale Truck Accident

By Carabin Shaw

On December 7, 2013, a jury in South Texas found that Heckmann Water Resources Inc., an oil patch supplier near San Antonio, Texas, negligently failed to maintain a tractor-trailer truck that caused the death of Carlos Aguilar. The lawsuit stems from a May 2012 accident in which Aguilar, a U.S. Army veteran, husband, and father of seven, was doing work at the Eagle Ford Shale oilfield when a drive shaft broke off from under a Heckmann tractor-trailer traveling at 67 mph. The 20-pound part crashed through the windshield of the pickup truck that Aguilar was riding in, killing him.

Aguilar’s family filed suit against Heckmann and one if its employees, alleging that Heckmann failed to properly maintain the tractor-trailer. The jury ultimately found the company negligent and awarded Aguilar’s family (his parents, wife, and seven children) $281 million, which included $181 in compensatory damages and $100 million in punitive damages against Heckmann. The jury did not find Heckmann’s employee negligent. Heckmann’s Scottsdale, Arizona-based parent company, Nuverra Environmental Solutions, plans to appeal the decision. The verdict is one of the largest verdicts in Texas history.

Texas is by far the largest producer of crude oil and natural gas in the United States. In addition, the Eagle Shale Ford area continues to grow. There are currently 265 oil rigs operating in Eagle Ford Shale, compared to only 158 operating rigs in 2010. This means more oilfield workers and likely more accidents both at the oilfield rig and in and around the area involving trucks transporting supplies. In fact, according to the Texas Department of Transportation, the largest recent jumps in fatal traffic accidents are those involving commercial vehicles.

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Published on: December 13, 2013

Comparative Negligence in Drunk Driving Accidents in Texas

By Carabin Shaw

On December 16, 2011, Sarah Patton filed suit against the Texas Department of Transportation in Jefferson County District Court on behalf of the estate of Pamela Freeman, who was killed in a car accident (Case No. B191-484). The complaint alleged that the Texas Department of Transportation acted negligently by allowing water to accumulate on the roadway because of inadequate drainage. According to the lawsuit, on February 12, 2011, Freeman was exiting Interstate 10 when her vehicle hydroplaned, causing her to leave the roadway and strike a sign and light pole. The accident eventually led to her death several months later.
Patton later amended her complaint, naming both Toyota and APAC-Texas as defendants, and alleging that a design flaw and water left on the road from construction work carried out caused the crash. On October 3, 2013, APAC-Texas filed a motion for summary judgment, arguing that Freeman’s BAC exceeded the legal limit at the time of accident. The motion also contended that investigating officers at the scene of the accident confirmed that there was no water left on the road from construction and, instead, the accident had resulted from Freeman’s speeding. Based on these facts, APAC argued that it should be dismissed from the case since there was no evidence to support Patton’s claim that APAC was negligent when performing construction work on the road in question. Then, on November 2, 2013, Toyota followed APAC’s lead and asserted that Patton’s amended complaint failed to allege or identify the specific product defect theories or any defective components on Freeman’s vehicle. Ultimately, on November 6, 2013, Patton filed a notice stating that she non-suited all her claims against all defendants, meaning that she released all of the defendants from liability.

As mentioned previously on this blog, unfortunately, in 2012 Texas had the largest increased in fatalities of any state in the country, with an 11% increase in overall traffic fatalities and a 6.6% increase in drunk driving deaths. More specifically, according to the Texas Department of Transportation, there were 1,099 people killed in motor vehicle traffic crashes where a driver was under the influence of alcohol, which accounts for 32.3% of the total number of people killed in motor vehicle crashes. At the same time, there were only five fatalities where defective vehicle products were a contributing factor, and no reported fatalities due to standing water on the road.

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