Articles Posted in Wrongful Death

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https://www.texasinjurylawyersblog.com/files/2020/10/Screen-Shot-2020-10-13-at-2.06.13-PM-300x146.png https://www.texasinjurylawyersblog.com/files/2020/10/Screen-Shot-2020-10-13-at-2.05.52-PM.pngWith thousands of miles of beautiful natural sights surrounding Texas’s open roads, it’s no surprise that motorcycles are so popular in the state. Motorcycles, however, can often pose a number of unique risks on the road. Drivers of passenger vehicles can often have trouble seeing motorcycles because of their smaller size, or they can easily get caught in a vehicle’s blind spot. Thus, before anyone decides to purchase a motorcycle, they must understand the risks involved. In many Texas motorcycle accidents, the cause of the collision is entirely beyond the motorcyclist’s control.

According to a recent news report, a local Texas high school teacher was killed in a hit-and-run motorcycle accident. The victim was found dead at the scene after the motorcycle he was riding was hit by a car. Local authorities assumed that the responsible party had been driving north and crossed lanes and collided with the victim then, but further investigation showed that the responsible party was backing his car out of a ditch when he hit the motorcycle and knocked the victim off his bike. When the victim fell off his motorcycle, he was thrown into the roadway and struck by a pickup truck. Local authorities are still investigating the details surrounding the accident but have identified the responsible party after he fled the scene.

Based on recent data from the Texas Department of Transportation, more than 400 motorcycle drivers passed away in motorcycle accidents in 2018, and over 900 suffered significant injuries. Motorcycle accidents in Texas also differ from how regular passenger vehicle accidents are handled and differ in possible financial compensation and damages available to victims. Because of how complex Texas motorcycle accidents and motorcycle-related laws can be, it is of the utmost importance that potential plaintiffs hire the most experienced representation possible to navigate the legal system with ease.

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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-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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Saturday, August 29, 2020: HARRIS COUNTY, Texas — A teen has died after he was electrocuted in a hotel pool Saturday afternoon in north Houston. The incident happened at the North Villa Inn located on the 16500 block of the North Freeway and North Vista Drive.

Harris County Pct. 4 deputies say a 15-year-old juvenile was in the hotel’s pool when he was electrocuted. Officials said the teen’s father pulled him out of the pool and paramedics performed CPR.  The teen was transported to a nearby hospital where he later died.  Exposed wiring in the pool may have been the cause of the electrocution, the Harris County Sheriff’s office is investigating.

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Swimming Pool Safety Tips

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pexels-acharaporn-kamornboonyarush-1028742-300x200We’ve all been distracted while driving at some point while navigating our vehicles. Whether it’s exhaustion from a full day of work causing you to doze off or an urgent phone call out of nowhere from the office, we’ve all had a moment where we’ve zoned out while driving. However, not everyone is fortunate enough to emerge from these situations safe and sound. Often, accidents occur as a result of drifting off or distracted driving, and can have enormous, disastrous impacts. When such accidents occur and tragedy strikes, those who cause them can be held responsible for their actions.

In a recent news report, local authorities say that five people were killed, including three young children, in a major vehicle collision in West Texas. The Texas Department of Safety said that a young individual was driving an SUV when it drifted into a lane and collided with a pickup truck. The SUV driver and the pickup truck driver were both killed as a result of the crash, as well as the three children who were riding as passengers in the SUV. Officials say that the crash is still under investigation and that weather conditions were clear.

In Texas, filing a wrongful death claim can be complex. The state defines that such actions can be brought if someone’s “wrongful act, neglect, carelessness, unskillfulness, or default” results in another person’s death. Additionally, only certain parties may bring a wrongful death claim. For example, in Texas, the children, parents, and surviving spouse of the deceased may file such claims. Any number of qualifying parties can file a claim on their own, or they can choose to file all claims collectively. Adult children may also file wrongful death claims over the death of a parent in Texas. However, the law does not permit siblings to pursue wrongful death claims after the loss of a sister or brother.

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pexels-anna-shvets-3987150-200x300Following the initial COVID-19 outbreak in the United States earlier this year, thousands of Americans flooded stores in search of hand sanitizer and other cleaning supplies. Many stores were completely wiped out from the start of the pandemic of such supplies and have taken several months to restock these products because of demand. In preparation for the uncertainty associated with the pandemic, many Texans purchased large quantities of these products. However, recent FDA recalls indicate that some of these sanitizing products may be causing members of our community to become ill. These recalls may be the basis for a Texas product liability claim.

According to a recent article, federal regulators from the Food and Drug Administration (FDA) have been urging consumers to avoid more than 130 hand sanitizers that were previously available through stores such as Walmart and other national major retailers. The agency has cited that many of these products lack the sufficient level of alcohol necessary to effectively kill germs or that the products contain dangerous and potentially deadly levels of wood alcohol.

With hand sanitizer demand skyrocketing during COVID-19, a new rush of brands manufacturing hand sanitizer has entered the market. However, while many of these products claim to contain ethanol (otherwise known as ethyl alcohol), FDA tests have shown that they actually contain methanol, or wood alcohol. Methanol can potentially be toxic when absorbed through the skin and could even cause blindness or death if consumed. Because many products have been mislabeled, consumers would be unable to tell which items actually contain methanol. The FDA has kept an updated list of recalled products on its website for easy reference.

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pexels-alexas-fotos-2156246-300x196When 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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 While people are rushing to essential retail outlets to buy food and supplies for their families, workers in these high volume retailers seem to be at a higher risk of developing Covid 19 symptoms while working to meet consumer needs. Workers in essential retail giants, supermarkets, and consumer product delivery businesses are expected to work long hours to keep shelves stocked, deliveries fulfilled and businesses operational. 

The demands for basic items are far outstripping the supply chain nationwide. A valid question is surfacing as to what efforts companies and corporations are making to keep the workplace safe. Employers have a legal duty to provide a reasonably safe working environment for all employees. Although much has been done to ensure that the spread of the virus in these environments is limited to keep customers safe, employees still remain vulnerable and face greater exposure. 

A large white elephant sits in the room waiting to be dealt with regarding this virus in high traffic areas. That being the safety of the employees and workers required to work in extremely vulnerable conditions. Many questions remain regarding what employers are actually doing to keep their workforce safe.  

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(NATIONAL RECALL: February 2020) The Food and Drug Administration (FDA) has issued a recall for an insulin pump that thousands of people use with Type 1 diabetes. The recall is centered around certain Medtronic MiniMed 600 series insulin pumps.

One person has died, 2,175 people have received injuries and there have been more than 26,000 complaints, according to a statement released by the FDA.

Medtronic is recalling the specified insulin pumps due to a missing or broken retainer ring. That ring helps lock the insulin cartridge into place, according to the FDA.

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Photo Credit: KRIS TV

(February 20, 2020 Aransas Pass, TX) A 2-year-old girl fell into a septic tank Wednesday evening of the 19th at the Paradise Lagoons RV Resort in Aransas Pass.  The child identified as Charleigh Nicole Nelson had been walking on the lid of the tank when she fell in.

Rescue attempts were made by both family and neighbors, but they were unsuccessful.  The Rockport and Fulton Volunteer Fire Departments along with Aransas Pass FD were called out but they were also unable to rescue the toddler.  The rescue turned into recovery by calling in the Ingleside Volunteer Fire Department who was able to reach the body by lowering a firefighter into a 2 foot wide hole with a specialized rope.  The tank itself was filled with over 2 feet of water in which the child had been submerged for over an hour.

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