Texas Injury Lawyers Blog

Published on: August 13, 2020

Is Evidence of an Accident Victim’s Failure to Wear a Helmet During a Texas Motorcycle Accident Admissible?

pexels-alexas-fotos-2156246-300x196 When 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.

Continue reading →

Published on: August 12, 2020

Carabin Shaw and Wyatt Law Firm Donates $100,000 to Encourage Convalescent Plasma Donations in South Texas

By Carabin Shaw

https://www.texasinjurylawyersblog.com/files/2020/08/Screen-Shot-2020-08-12-at-10.35.46-AM.png

SAN ANTONIO, Aug. 10, 2020: Carabin Shaw Law Firm and Wyatt Law Firm, PLLC. answered the lifesaving need to help fight COVID 19 by donating $100,000 to assist the South Texas Blood & Tissue Center’s (STBTC) efforts to collect convalescent plasma for COVID-19 patients. The two firms will provide $50,000.00 each — $100,000.00 total — in gift cards to encourage South Texans who have recovered from COVID-19 to donate convalescent plasma. Donors will receive a $50.00 Visa gift card for each eligible donation.

“We felt it was vital for us to encourage people to make a lifesaving plasma donation,” said Jamie Shaw, a founding partner of Carabin Shaw. “It’s critically important to our community, and we want to encourage others to step up and help.”

Convalescent plasma contains antibodies to the virus that causes COVID-19 and may provide passive immunity to certain patients with severe forms of the illness. The plasma is used to treat patients with active infections, and it is one of the few treatments available for COVID-19. STBTC is the only organization in this area collecting convalescent plasma that can be transfused directly to patients with COVID-19.

Continue reading →

Published on: August 8, 2020

Recovering from a Texas Public Transit Bus Accident

By Carabin Shaw

For some people, a daily commute is an escape before the demands of the day. For others, it can be stressful. For those who rely on public transportation to get around on a daily basis, there is a reasonable expectation of safety while they are on board a bus or train. Indeed, no one expects to be injured while on public transit. However, when these injuries occur, those responsible may be held accountable for their actions through a Texas personal injury lawsuit.

For example, in a recent Texas Supreme Court opinion, a plaintiff was injured while riding a bus supplied through a public transit authority. The plaintiff boarded a bus and grabbed onto a hanging strap. The bus was operated and driven by a new employee who was still in training, with his supervisor standing behind him. As the driver pulled away from the stop, another passenger shouted, “Back door!” to notify the driver that a passenger was still trying to exit from the vehicle’s rear door. Although the bus was only traveling less than five miles per hour, the driver made an abrupt stop, causing the plaintiff to fall forward into the partition behind the driver’s seat. The plaintiff suffered injuries to his neck and shoulder. After several months of treatment, the plaintiff underwent surgery to repair a herniated disc in his neck.

The plaintiff sued the transit authority, claiming it was negligent and responsible for his injuries. Because the defendant was a common carrier, the plaintiff argued, they owed him a duty to exercise “a high degree of care.” In Texas, common carriers are people or entities that are in the business of carrying passengers or goods and are hire-able by the public. To qualify as a common carrier, the entity must provide transportation services to the general public, as opposed to services for particular individuals or specific groups.

Continue reading →

Published on: August 3, 2020

ACCIDENT INJURY REPORT: Woman Charged with Intoxication Assault After Family of 3 Struck by Car in Beaumont Neighborhood in Pedestrian Hit and Run

By Carabin Shaw

July 29, 2020: BEAUMONT, Texas — A 21-year-old Beaumont woman has been charged after police say the car she was driving struck two adults and a child in a west end Beaumont neighborhood Wednesday evening.

Kenlie Davis, 21, of Beaumont, was arrested near the scene and later charged with three counts each of intoxication assault and failure to stop and render aid according to a Thursday news release from the Beaumont Police Department.

When officers arrived on the scene on Oak Trace Drive, they found the three victims in the street suffering from multiple injuries and the vehicle unoccupied in the grass nearby according to the release.

Continue reading →

Published on: June 22, 2020

KNOW THE SIGNS OF DROWNING

By Carabin Shaw

KNOW THE SIGNS OF DROWNING

If you spend time on or near the water then you should make sure you and your family know what to look for when people enter the water. Drowning is almost always a deceptively quiet event.

Despite what you see in the movies, there is very little splashing, no waving and no yelling or calls for help of any kind. It is the No. 2 cause of accidental death in children ages 15 and under (just behind vehicle accidents). What’s more, of the approximately 750 children who will drown next year, about 375 of them will do so within 25 yards of a parent or other adult. In some of those drownings, the adult will actually watch them do it, having no idea it was happening. Drowning doesn’t look like drowning.

Continue reading →

Published on: June 15, 2020

ACCIDENT INJURY REPORT Young Girl Drowns in Swimming Pool Accident in San Antonio

By Carabin Shaw

Monday, June 15, 2020: SAN ANTONIO, Texas – The American Academy of Pediatrics has warned that drownings could be on the rise this summer. Unfortunately, a 4-year-old girl, Lina Arredondo, has died after drowning in a pool.

The tragic incident happened just before 10 p.m. Sunday at a home on Divide Mount near Southton Road on the city’s Southeast Side.

Police said Lina Arredondo was playing in the small, shallow wading pool alongside the main pool during a family gathering. The parents said they were watching her but looked away for a moment when another child alerted them to Lina, who had gotten into the main pool.

Continue reading →

Published on: April 9, 2020

Who comes first? Employees or Customers?

By Carabin Shaw

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.

Continue reading →

Published on: March 20, 2020

Texas Restaurants and Bars Have a Duty to Protect Patrons

By Carabin Shaw

adult-alcohol-bar-bartender-274192-scaled Under Texas premises liability law, restaurants and bars have a duty to protect their customers. However, the extent of this duty is often called into question in cases where someone is injured while visiting an eating or drinking establishment. In a recent opinion, the court was asked to determine whether the defendant bar owed the plaintiff a duty of care to protect him against the criminal acts of a third party.

According to the court’s opinion, the plaintiff and a friend were drinking at the defendant bar. While they were at the bar, there were no issues. However, at 3 a.m., when the bar closed, the plaintiff was attacked by another bar patron. The fight left the plaintiff permanently blinded.

The plaintiff filed a personal injury lawsuit against the bar, arguing that the bar was negligent for failing to take any steps to protect him against the criminal acts of the other bar patron. In support of his claim, the plaintiff pointed to the fact that the police had been called five times the previous year for fights occurring in the bar’s parking lot immediately after closing.

Continue reading →

Published on: March 19, 2020

Carabin Shaw and Client and Community Commitment

By Carabin Shaw

Mr-Shaw-300x297 As the coronavirus (COVID-19) situation develops, all of our lives will undoubtedly be affected. Our families, communities, and businesses are navigating a truly unprecedented global event.

In this time of crisis, we know our role is to not only represent our clients in their time of need, protect our employees and team members, but also to help adapt to the changing realities we are now confronted.

I’m reaching out with an update from the Carabin Shaw Family to reassure you that we are working tirelessly to serve and help all of our clients prevail and to keep our employees safe at the same time.

Continue reading →

Published on: March 19, 2020

Employee Rights and Remedies After a Texas Workplace Injury

By Carabin Shaw

walking-crutches-3846165-scaled
Every year, significant numbers of Texas workers suffer injuries and illnesses related to their employment. These injuries and illnesses range from relatively minor slip and fall incidents to serious life-threatening and debilitating accidents. In some circumstances, Texas workers who suffer injuries at work may be able to recover for their damages. The two primary ways a Texas worker can recover for their injuries is through workers’ compensation or a personal injury lawsuit against their employer.

Workers’ compensation is a government insurance program that provides medical benefits and lost wages to workers who suffer injuries on the job. Unlike most other states, Texas employers can choose whether they want to purchase this insurance. Even though coverage is not mandatory, Texas employers must notify all of their employees and the state if they choose not to provide coverage.

Work-related injuries can have long-lasting and potentially deadly consequences. For example, recently, a news source reported on the death of a third worker at a Texas energy well. The workers were at an oil well site near Austin, when a high-pressure release caused a fiery explosion. The victims were medevaced to hospitals where they succumbed to their injuries. The mother of one of the victims filed a case against the energy company and requested that the court order them to preserve the scene and any relevant evidence. Additionally, she asked the judge to issue an order that would allow her attorneys and family access to the site for an investigation.

Continue reading →

Texas Injury Lawyer Blog