Texas Injury Lawyers Blog

Published on: December 13, 2019

Questions remain unanswered regarding Boeing’s 737 MAX Aircraft

Photo: Boeing
Special Reporting: Jesse E. Guerra Jr. Of Counsel attorney with Carabin Shaw PC

Boeing’s MAX Fixes Not Likely to Get FAA Approval Until February

Wow! Not sure where this leaves passengers wanting to feel safe boarding these planes in the future. It seems that Boeing and the Federal Aviation Administration have more work to do to help prevent future disasters These planes continue to be grounded until a safer solution arises. Let’s hope for all concerned that comes sooner than later. Not sure if Boeing will go back to the drawing board on this design since there seems to be a goal to find a less costly solution to the alleged design failures as opposed to starting from scratch on a new model aircraft. Thus far, two recent crashes occurred with Boeing’s 737 MAX Airplane despite known warnings of this designs airworthiness and control systems. A huge question remains as to how much the FAA and Boeing itself knew about potential problems with this aircraft.

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Published on: December 12, 2019

Accident Injury Report – Fatal Accident on I-40 Amarillo

By Carabin Shaw

Amarillo TX (December 12, 2019) Amarillo police continue to investigate a fatal accident on I-40 east near South Lakeside Drive that left one woman dead and the driver arrested. Authorities arrested 38-year-old Ricardo Alfonzo Sanchez, for suspicion of intoxicated manslaughter.

The accident happened Tuesday night around 8PM when the driver flipped the vehicle trying to get back on the highway. His passenger, 31-year-old Ashley Renee Hernandez, was pronounced dead at the scene.

Contributing factors to the accident were the use of marijuana and excessive speed. Police believe not using a seatbelt contributed to the passenger’s death.

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Published on: December 12, 2019

Accident Injury Report – Mother and Son Fatal Crash El Paso

By Carabin Shaw

Las Cruces, NM (December 7, 2019) Mother and son, 25 year-old Elide Garcia and 6 year-old Jose Luis Wences were killed by a suspected drunk driver on Saturday night December 7th. The Las Cruces residents were struck head on by an SUV going the wrong way on Loop 375 near Bowie High School in El Paso on their way home to Las Cruces. Jose died upon impact while his mother, Eldie, passed a short time later at the hospital. Eldie Garcia’s boyfriend, Alberto Cuellar was also in the vehicle and remains hospitalized in serious condition.

The suspected drunk driver of the other vehicle, Juan Martinez, was also hospitalized and will be booked and charged with 2 counts of intoxicated manslaughter when released. Martinez, was driving his SUV eastbound in the wrong direction on Loop 375 west when he hit the other car Saturday night.

This photo comes from Google Maps

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Published on: December 12, 2019

Accident Injury Report – Two Pedestrians Thrown off Overpass In El Paso

By Carabin Shaw

El Paso TX (December 9, 2019) Two pedestrians were thrown off an overpass and fell approximately 4 stories, one to his death and the other in serious condition Monday evening. The accident happened when the 2 victims, Carlos Lechuga (35) and Hector Martinez (33) were assisting a driver of a stalled 18-wheeler. The truck was stopped on the ramp of 375 and I-10 near the Americas interchange. The 2 men had pulled their GMC Sierra in front of the semi truck and were out of their vehicle at the time. An Escalade driven by a Martin Castaneda (22) struck the rear of the semi and then the rear of the GMC Sierra pushing the men off the overpass and onto the highway 40 feet below. Both men were taken to Del Sol Hospital with serious injuries where Mr. Lechuga later died. The driver of the Escalade was also hospitalized with minor injuries. At this time the accident is still under investigation as per the El Paso police.

Pedestrian Fatalities In 2018 there was a total of 5,684 pedestrian related accidents in Texas with 617 of those resulting in deaths. (TXDot) The Governor’s Highway Safety Association estimates that Texas is one of the 5 states that has the highest number of pedestrians killed along U.S highways. Pickups, SUVs and crossover utility vehicles are responsible for the increased severeness of injuries to these pedestrians. As a result, people who are hit by one of these larger and more powerful vehicles are more likely to suffer serious injuries or death. Pedestrian fatalities involving SUV’s jumped by 50% between 2013 to 2017. (GSHA.org)

For more information about the specific statistics for your city, visit the Texas Department of Transportation.

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Published on: December 9, 2019

Abuse and Neglect in Texas Nursing Homes

By Carabin Shaw

America’s population is aging, and individuals are living longer as life expectancy continues to increase. As a result, nursing homes are becoming a part of more Texan’s lives, and families are often tasked with choosing an institution for their loved ones. Choosing a Texas nursing home is an incredibly important decision, because residents – who are often weak and vulnerable – will likely be there for the rest of their lives. Families, of course, want to ensure that their loved ones are safe and well taken care of. Unfortunately, however, far too many families end up placing their loved ones in subpar institutions, either due to financial concerns or lack of thorough research. Unfortunately, nursing home abuse and neglect is a chronic and persistent problem in Texas, victimizing hundreds of elderly residents every year.

For example, according to a recent report, out of 62 nursing homes in San Antonio, five were recently flagged by the Centers for Medicare and Medicaid Services for severe instances abuse and neglect of their residents. These instances include neglecting and ignoring residents’ medical needs, physical assault, verbal attacks, and even sexual abuse. While these instances would be concerning in any situation, they are of particular concern in nursing homes, where the victims are often incredibly vulnerable, reliant on their nursing home for all aspects of their care, and may lack the funds needed to transfer institutions.

The best way to avoid nursing home abuse of your loved ones is to do careful research of nursing homes in your area. One useful tool is Medicare.com, which allows families to search every Medicaid and Medicare certified nursing home in Texas. In addition to providing information on staffing and health inspections, the website will report recent incidents of nursing home abuse in each facility, so families can be aware of which institutions to avoid. Doing this research may take a little extra time, but the knowledge about the potential problems can spare a family, and a victim, immense pain and suffering down the line.

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Published on: December 9, 2019

What to Do after a Texas Car Accident

By Carabin Shaw

Getting involved in a Texas car accident is a stressful experience that no one ever plans on encountering. However, recent government statistics show that an average of 265,000 Texans are injured each year in car accidents. Of those, about 17,500 motorists will be seriously injured and another 3,500 will lose their life. Thus, while no one counts on being involved in a Texas car crash, every motorist should be prepared in the event an accident occurs.

The moments flowing a Texas car accident are often described as a blur. However, there are some very important things that accident victims should keep in mind to preserve their rights during what can be a crucial time.

Remain at the scene: Leaving the scene of an accident, even if it was not one that you caused, could be considered a Texas hit-and-run. Motorists are legally required to provide their information to other motorists involved in the accident and, if necessary, arrange for medical treatment.

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Published on: December 9, 2019

Medical Malpractice Claims Based on Texas Laboratory Errors

By Carabin Shaw

A critical part of a successful medical outcome is swift, safe, and accurate laboratory testing and reporting. Safe testing and precise reporting can provide healthcare providers with crucial information regarding diagnosis and treatment. When a patient suffers injuries because of unsafe laboratory equipment or another Texas medical error, they may be able to hold the laboratory, hospital, or device manufacturer liable for their damages.

Medical malpractice and negligence lawsuits based on Texas laboratory errors often arise after a doctor fails to order the appropriate test, a laboratory uses unsafe practices or defective equipment when collecting lab samples, a clinician improperly records the results, or a physician incorrectly reads a report.

In addition to medical malpractice claims, Texas patients may file a negligence claim based on products liability if they suffered injuries because of a defective medical device or laboratory equipment. Medical devices are instruments, machines, and apparatuses that are used to diagnose and treat medical conditions. Some common medical devices and laboratory equipment are, catheters, intrauterine devices, artificial joints, syringes, centrifuges, and testing tubes. Injuries may arise when a device is ineffectively sterilized, improperly inserted or implanted, inadequately monitored, or is otherwise defective. These errors can have long-lasting and potentially fatal consequences for Texas patients.

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Published on: November 15, 2019

Head-On Car Crash in Texas Sends Four to Hospital

By Carabin Shaw

Earlier this month, a deadly car crash in Spring, Texas, sent four individuals to the hospital, one of whom tragically died shortly after arrival. According to a local news report covering the accident, the two vehicles involved were driving opposite ways on a street at around 10 o’clock in the evening. One of the vehicles, an Infiniti coupe driving eastbound, failed to stay in their appropriate lane and drifted over the center turn lane, ultimately striking the westbound pick-up truck head-on.

Emergency officials responded quickly to the accident, and all the occupants were sent to the hospital. In the worst condition were those in the Infiniti coupe that had crossed lanes; the passenger was transported to the hospital via helicopter in critical condition, but ultimately died. The at-fault driver was taken to the hospital in serious condition where he underwent surgery. The couple in the pick-up truck, on the other hand, were fortunately in stable condition when they were brought to the hospital, although they likely still experienced injuries. Police reported that they suspect the driver of the Infiniti coupe was under the influence of drugs at the time of the accident, adding another tragic layer to this accident.

While many accidents are unavoidable, drivers have a duty to drive carefully and to take steps to avoid risk factors that contribute to an accident. This duty includes not driving while under the influence of drugs and alcohol. Intoxicated driving is incredibly dangerous, and places all those on the road with the driver in danger. Texas law allows individuals injured in a car accident to submit a claim to recover monetary compensation from another driver if that driver failed to operate their vehicle with due care —by driving under the influence, for instance. Even if the victims did not undergo major surgeries and were in stable condition after the accident, as is the case in the tragic accident discussed above, smaller injuries resulting from car crashes can plague accident victims for years. Too many of these victims do not consider pursuing claims against the driver at fault because of misinformation they receive from insurance companies or other biased sources. Texas accident victims are encouraged to consult with a Texas personal injury attorney, who can help them figure out if they have a claim for compensation.

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Published on: November 15, 2019

El Paso Drunk Driving Accident Highlights Dangers of DWI in Texas

By Carabin Shaw

Despite harsher laws and awareness campaigns, impaired driving continues to be a problem in Texas and throughout the country. According to the Centers for Disease Control and Prevention (CDC), every day, 29 people die in drunk driving crashes in the United States. The CDC also reports that the percentage of adults who reported driving after drinking too much was higher in Texas than nationally. According to the Texas Department of Transportation, in 2018, there were 4,986 Texas drunk driving accidents, and 1,228 crashes caused in part by drivers under the influence of drugs.

Under Texas law, a person can be arrested and charged with driving while intoxicated with a blood alcohol concentration (BAC) of .08 or higher. Yet, a person can still be driving while intoxicated even under that BAC if the person’s driving is impaired, whether from alcohol or other drugs. The criminal penalties can be up to 10 years in prison and a $10,000 fine, among other penalties. In addition, commercial drivers can be charged with a .04% BAC, and those under 21 can be charged for any amount of alcohol.

Individuals who are injured in a drunk driving crash can bring a legal claim against a drunk driver to recover financial compensation. Evidence that a driver was driving while intoxicated, including being arrested for DWI, may be used in a civil claim against the driver. However, an accident victim still must prove that the defendant’s conduct was the legal and factual cause of the plaintiff’s injuries. A drunk driver may still try to blame the plaintiff for the crash, or argue that some or all of the plaintiff’s injuries were not a result of the crash.

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Published on: November 15, 2019

Parental Liability in Texas Personal Injury Lawsuits

By Carabin Shaw

When a Texas minor child engages in negligent or reckless behavior resulting in personal injury or property damage, the child’s parents may be responsible. The Texas Family Code, section 41 (the code), details parental responsibility in instances where a child causes property damage. Under the code, the parent or guardian of a Texas minor face liability if their child causes property damage to another in two instances. First, if the child’s negligent behavior was because of the negligence of the parent. This part of the code applies regardless of the child’s age, as long as they are under 18 years old. Second, if the child is between 10 and 18 years-old and willfully and maliciously caused the damage. To apply this section of the statute, the plaintiff needs to establish that the child had a purpose or intent to cause the accident. There are limits on the damages a Texas plaintiff can receive in these situations. A Texas plaintiff can receive actual damages up to $25,000 per occurrence, plus attorney’s fees and court costs.

Parents can still be liable even if their situation does not fall squarely within the Texas statute. Under Texas common law, parents can still face liability for injuries that are a result of their child’s willful, malicious, or negligent behavior. Texas injury victims can file personal injury lawsuits against the parent of a child based on parental negligence. Parental negligence claims often occur in instances where a parent knows that their child is inclined to engage in careless or reckless behavior but fails to take steps to prevent the behavior.

There are various situations where a parent or guardian may face independent liability or vicarious liability based on their child’s behavior. For example, according to a recent news report, a Texas father faced criminal charges after he allowed his 12-year-old daughter to drive his car. In this case, the father let his daughter drive his vehicle even though she was underage, and there was a toddler in the backseat. The daughter accelerated too quickly and ran over a man and his dogs in their apartment complex. Tragically, the man and his dog died instantly. Initially, the father told police officials that he was driving the car, but video footage revealed that his daughter was the driver. She admitted that her father was teaching her how to drive. In addition to criminal charges, the father may face civil liability for the deaths as well.

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