Texas Injury Lawyers Blog

Published on: September 15, 2020

Accident Victims Should Anticipate Defenses in a Texas Weather-Related Accident Claim

pexels-blue-ox-studio-1686961-300x225 Everyone has heard a friend or loved one jokingly claim that everyone forgets how to drive when it rains. However, inclement weather or slippery and wet conditions can be a major danger to motorists, especially if there are many cars on the road. Every driver knows that when weather conditions are poor, driving with extra caution is crucial to ensuring your safety and the safety of others. Unfortunately, even with the utmost of caution, sometimes accidents inevitably happen.

In a recent news report, a tragic weather-related car accident left two Texans dead and one injured. The young driver and her passenger were both killed when their vehicle was hit head-on by a pick-up truck. According to officials on the scene, the pick-up truck was driving when it began to hydroplane and was sideswiped by another large vehicle, causing the pick-up truck to hit the deceased’s vehicle head-on. The driver of the pickup truck was taken to a local hospital on an ambulance because an air ambulance and helicopter was unable to fly due to the inclement weather. Officials on the scene reported that the accident was both a result of the weather and because of the hydroplaning of the responsible party’s pick-up truck.

In Texas, the weather is notoriously unpredictable. If you are involved in a vehicle collision, there are certain legal defenses that you should be aware of before initiating a claim. Some potential main defenses include:

Continue reading →

Published on: September 8, 2020

Tragic Texas Car Accident Leaves Local Sheriff’s Deputy and Fiancé Dead

By Carabin Shaw

pexels-mike-192364-300x225 For 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.

Continue reading →

Published on: September 7, 2020

ACCIDENT INJURY REPORT: Three Injured in Oilfield Explosion in Howard County

By Carabin Shaw

Thursday, Sept. 3, 2020: BIG SPRING, TX – Multiple crews responded to the report of an explosion in Howard County on Thursday afternoon.

According to Fire Chief Craig Ferguson, Big Spring Fire and EMS crews along with the Howard County Sheriff’s Office were dispatched to an explosion at a well site in the area off of County Road 40 and County Road 15 at around 3:30 p.m. on Thursday.

Upon their arrival, EMS crews located three victims.

Continue reading →

Published on: August 31, 2020

ACCIDENT INJURY REPORT: Teen Dies After Electrocution in North Houston Hotel Pool

By Carabin Shaw

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.

Swimming Pool Safety Tips

Continue reading →

Published on: August 31, 2020

A Fatal Accident Caused by Distracted Driving May Result in a Texas Wrongful Death Claim

By Carabin Shaw

pexels-acharaporn-kamornboonyarush-1028742-300x200 We’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.

Continue reading →

Published on: August 18, 2020

FDA Recall of Over 130 Hand Sanitizer Products May Allow for Texas Product Liability Claims

By Carabin Shaw

pexels-anna-shvets-3987150-200x300 Following 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.

Continue reading →

Published on: August 13, 2020

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

By Carabin Shaw

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 →

Texas Injury Lawyer Blog