Texas Injury Lawyers Blog

Published on: December 28, 2020

Texas Wrong Way Car Accidents

pexels-carl-newton-2280165-199x300 While driving, there are few scenarios scarier than seeing another car driving the wrong way and coming straight for your vehicle at full speed. Although these collisions are rooted in a number of potential causes, at-fault parties must be held accountable for their carelessness when they take place. When these Texas wrong-way accidents occur, they often have devastating and fatal consequences for all who are involved.

For example, according to a recent news report, a toddler died from his injuries following a major wrong-way car accident. The toddler and his aunt were driving along the road when an oncoming sedan approached while driving in the wrong direction of the street. The sedan collided with the car the toddler and his aunt were operating and resulted in the crash. The sedan driver died from blunt force injuries. The toddler was not in a car seat when the crash took place but was wearing a seat belt, and his aunt was taken to the hospital with non-life-threatening injuries.

Like every other state, Texas requires vehicles to drive on the right side of the road. There are only very narrow exceptions in which vehicles can be on the wrong side of the road. Passing another vehicle, traveling on a one-way road, avoiding an obstacle on the street, or traveling on a road with more than just two lanes of traffic are the only exceptions available for being on the wrong side.

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Published on: December 17, 2020

Recovering After a Texas Head-On Car Accident

By Carabin Shaw

pexels-antonio-batinić-5364345-300x200 There are plenty of roads in Texas that do not have a physical median separating the lanes as vehicles move in opposite directions. This road design, coupled with distracted or reckless driving, often becomes the perfect storm for dangerous car accidents. Head-on accidents, for example, most frequently occur on this type of roadway when the at-fault party veers across the center dividing line and crashes into a car coming in the opposite direction.

In a recent news report, six individuals were killed in a deadly head-on highway car accident. According to the Texas Department of Public Safety, two vehicles were heading in opposite directions when one of the cars veered into the neighboring lane and crashed head-on with the other vehicle. The eastbound vehicle was carrying three passengers, who all died at the scene. The westbound car was carrying six passengers, and three were killed in the crash. The remaining passengers of the westbound vehicle were transported to local hospitals to treat their injuries. All of the passengers in the eastbound vehicle were wearing seat belts, whereas only the driver of the westbound car was wearing his seat belt. The crash remains under investigation by local authorities.

In Texas, like other jurisdictions, head-on car accidents can lead to a host of legal issues. Distracted driving or drowsiness are often common causes for these often-fatal crashes, as well as drunk driving or speeding.

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Published on: December 14, 2020

Are Companies Liable for Accidents Caused by Texas Independent Contractors?

By Carabin Shaw

pexels-ian-panelo-3087484-200x300 Many Texas companies hire independent contractors because of their cost-effective nature. With an independent contractor, companies can use the contractor for a particular project when it needs to be done and are free from being tethered to the particular contractor when the work is complete. When a contractor’s actions cause an accident, however, there is a question of liability on the company’s part. Is the contractor or the company responsible? It can often be a complicated question.

For example, in a recent Texas Supreme Court opinion, the court considered a case involving the liability of a company that hired an independent contractor. When a Texas utility company entered into a contract with an independent contractor, the utility company issued a work order for the independent contractor to remove a utility pole. To remove the pole, it needed to be pulled out of the ground, and then the hole would be filled with dirt. The independent contractor completed the project and filled the hole, and another company that the utility company contracted with to inspect the work of its contractors confirmed that the job was complete. The plaintiff was mowing her lawn when she stepped into a hole that was two and a half feet deep in the area where the pole had been removed. The plaintiff sued the utility company, its independent contractor, and the company responsible for checking the contractor’s work for negligence. The trial court and court of appeals sided with the defendants by granting summary judgment, and the plaintiff appealed.

On appeal, the plaintiff argued that the utility company owed a duty to her to ensure that the independent contractor performed its job in a safe manner. Because the removal of the pole was inherently dangerous work and the utility company had a contractual right to control the independent contractor, they owed her a duty. However, the court disagreed and sided with the defendants, arguing that there was no duty on the part of the utility company to the plaintiff.

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Published on: December 7, 2020

Recovering from a Texas Hit And Run Accident

By Carabin Shaw

car-crash-cartoon-pictures-19-300x210 Car accidents are a headache to deal with. Texas hit and run accidents, however, can cause a headache and then some. Because the other driver has run off after an accident, you may now be stuck paying for any damage incurred from your vehicle and any medical expenses that you may rack up if you have been injured. Since hit and run accidents can often have devastating consequences, it is crucial that those who are responsible are held accountable, whenever possible.

According to a recent news report, a local hit and run accident left a motorcyclist dead. Based on law enforcement reports, constables say there were two separate accidents. First, a car turned in front of a motorcycle going in the opposite direction, which struck and killed the motorcyclist. Following this initial accident, debris left behind from the crash caused a hit and run crash involving two more vehicles, and an SUV involved in the second crash fled the scene. According to local authorities, it is unclear whether any charges will be filed following this collision.

In Texas, hit and run accident laws are strictly enforced. Depending on the severity of physical damage or injuries incurred during the collision, it can result in either a felony or misdemeanor conviction and is considered a crime.

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Published on: November 30, 2020

Wrongful Death Claims After a Texas Chain Reaction Crash

By Carabin Shaw

pexels-pixabay-263402-300x199 When a Texas chain-reaction car accident occurs, it can often have devastating consequences. On top of potentially being more likely to cause injuries or death, these collisions are often more complex because of all of the parties involved. Establishing an accurate timeline that maps out exactly how the crash happened and who should be assigned which portion of fault can be a significantly challenging issue on its own. However, if a fatality follows an already complex series of crashes, the situation becomes even more complicated to navigate.

According to a recent local news report, a series of car crashes involving four vehicles left a teenage boy dead. The incident started when a Mercedes broke down on the side of the road when it ran into mechanical issues. Both occupants exited the Mercedes, and moments later, a Dodge pickup saw the Mercedes and stopped behind it. A Nissan traveling on the same road with a 17-year-old passenger slammed into the back of the Dodge pickup and hit another car on the road. The series of crashes concluded when the Nissan crashed into the rear of the Mercedes, which pushed it across the median and into the feeder road. The 17-year-old teenager who was riding in the Nissan did not survive the crash. Firefighters worked for nearly 45 minutes to free the driver of the Nissan, who barely escaped fatal injuries and was transported to a local hospital. According to law enforcement, there was no reason to believe that drugs or alcohol played a role in the crash, and the accident was likely caused by speeding.

In Texas, if a fatality occurs following a crash, it could potentially give rise to a wrongful death claim. Potential plaintiffs must understand the mechanics of bringing these claims. First, the party bringing the claim must prove that the deceased was not responsible for causing their own death and that it resulted from the negligence of another party.

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Published on: November 17, 2020

Texas Court Addresses Assumption of Control in Negligence Lawsuit Against Employer

By Carabin Shaw

CS-San-Antonio-9-300x300 Recently, 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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Published on: November 17, 2020

Texas Personal Injury Claims Following a Chain-Reaction Accident

By Carabin Shaw

CS-San-Antonio-27-300x150 In a typical car accident involving just two vehicles, it can be challenging to determine who was actually at fault. However, in collisions with several vehicles, resulting in multiple accidents, it can be even messier to determine how the accident started, who hit who, and what actually happened. In these Texas chain-reaction car accidents, it is crucial that accident victims have an experienced attorney in their corner to help them pursue the compensation they deserve.

According to a recent news report, a young man was killed in an accident when he laid down his motorcycle to avoid hitting a stopped car on the road. Local authorities stated that the motorcyclist was coming up a hill when he noticed a long line of stalled cars in front of him. When two vehicles that were ahead of the young man swerved out of the way to avoid crashing into the line of stalled cars, it caused the motorcyclist to lay down his bike and crash into the back of a stopped car. Although he was wearing a helmet, authorities reported that the motorcyclist did not survive the crash. The incident is still being investigated by local law enforcement, but the crash was likely an accident without criminal conduct involved.

One of the biggest problems in these accidents is that the at-fault party or parties do not have enough insurance coverage to fully compensate a victim for the injuries they suffered as a result of the accident. All Texas drivers must have auto insurance minimums of $30,000 per person and $60,000 per accident for bodily injury liability. Also, drivers are required to have at least $25,000 in coverage for property damage.

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Published on: November 7, 2020

Texas Leads the Country in Drowsiest Drivers

By Carabin Shaw

pexels-burak-k-67088-300x200 We’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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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

By Carabin Shaw

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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Texas Injury Lawyer Blog