Texas Injury Lawyers Blog

Published on: August 15, 2014

Discovery in Texas Manufacturing Defect Tire Case

In a product liability or manufacturing defects case in Texas, it is common to need extensive discovery on the manufacturing process. Among other things, plaintiffs will need to propound written discovery, take depositions, and retain experts on the issue of defects. Sometimes, a site inspection is also required to determine whether there were particular actions or processes that could have caused a defect. There may be certain kinds of investigation and discovery that are harder to obtain, particularly if a company has taken remedial steps or discontinued manufacturing a particular product since your accident.

In a recent appellate decision, the court considered the plaintiffs’ efforts to sue a tire manufacturer in a wrongful death case after a car accident that was allegedly caused by a defectively manufactured tire. The plaintiffs argued that the tire manufacturer was grossly negligent in its manufacturing practices and that the tire design was defective in failing to include a ply cap or nylon overlay. Accordingly, they asked to view the manufacture of the tire with the overlay so that they could prove how simple it was to add a cost-efficient safety component to the tire.

The plaintiffs asserted that if the actual machine used to manufacture the title wasn’t available, they were willing to view a similar tire-building machine. They explained that any deviations from the norm that their tire expert identified were caused by a person or the equipment used in the process. They hoped to use the recording to prove a correlation between activity in the plant and the later failure due to a defect.

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Published on: August 8, 2014

Two Texas Students Die From Head-On Collision With Wrong-Way Pickup Truck

By Carabin Shaw

Two Texas residents recently died in a car accident near Wichita Falls. One was 23 years old, while the other would have been a 17-year-old high school senior at Maud High School.

The cause of the car accident is still under investigation, but the details appeared to be that the two were in a pickup truck pulling a trailer down U.S. 82, moving westbound, between Wichita Falls and Seymour. They were reportedly behind another pickup truck moving westbound, when a truck headed eastbound crossed the center line and stuck the first pickup truck before hitting theirs head-on. There was a curve along the highway that might have contributed to the accident. While the trailer from the first pickup truck ended up running off the road, there were no reported injuries from the first pickup truck. Meanwhile, the 23-year-old and 17-year-old died at the scene, as well as the driver of the truck that crossed the center line. A passenger from that truck caught on fire and was currently in the hospital in critical condition.

Students at Maud High School mourned the loss of both victims, for the 23-year-old was a 2009 graduate. This marked the third student death in the past two years. The 23-year-old was remembered for his love of football and for being an excellent player, while the 17-year-old was remembered for being quiet until people got to know her, and then revealing a very kind heart. Both were interested in race car driving and were reportedly on their way to pick up a race car when the accident occurred. There will be grief counselors available to help students through this difficult time.

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Published on: August 4, 2014

As the Hydraulic Fracturing Practice Grows in Texas, So Do Concerns About Its Safety

By Carabin Shaw

At a time when onshore oil and gas drilling continues to rise, many questions remain unanswered about the safety of “fracking,” or hydraulic fracturing, a method of oil extraction that has grown increasingly popular.

Hydraulic fracturing is a method used in Texas and across the United States to access oil in onshore areas where it would otherwise be too difficult to drill. The process involves injecting high-pressure fluid into a well bore in order to create small fractures in deep rock formations. The small fractures then allow oil or gas to escape and reach the well. The hydraulic fracturing method was first used in 1947, and it has since spread widely across the country. Many proponents of the method praise the fact that it allows the United States to continue to produce domestic energy despite earlier beliefs that there were very few reachable oil reserves remaining.

At the same time, critics of hydraulic fracturing claim that it poses a threat both to the environment and nearby communities, and to the oil and gas workers themselves. One area of concern is the type of chemicals used in the high-pressure solution. While proponents of the method claim that chemicals are just a tiny percentage of the overall solution, the fact is that significant chemicals are still being used. Yet the companies with the most hydraulic fracturing wells have failed to disclose at least one chemical used in the process, making it impossible to get an accurate sense of the method’s effect on the groundwater that it comes in contact with, and therefore on its community impact. Still, several communities located near hydraulic fracturing wells have complained that their water was contaminated by fracturing fluid. At least Texas is one of five states that require public records on any fluid spills.

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Published on: July 25, 2014

Texas Workers Compensation System Too Often Fails to Perform Its Duty to Injured Workers

By Carabin Shaw

While Texas has been fortunate to have sustained economic growth for several years, enough to be dubbed the “Texas miracle,” some argue that this growth has come at a disturbing price, particularly higher worker fatalities and weak benefits for workers who are injured.

Texas is the only state in the country that does not require employers to carry workers compensation insurance. This means that as many as half a million workers may be risking their health every day at job sites that will not provide for them if they get injured. That is a real problem given that Texas has led the country in occupational fatalities for seven of the last 10 years.

Employers here do have the option of purchasing private occupational insurance. However, those plans come with several problems attached. Their benefits are often strictly limited, as are the workers’ legal rights and medical options, and they are generally not regulated by the state. Employers claim that employees get faster and better care under the private system, although there is little information to support or refute that view.

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Published on: July 18, 2014

One Year After Loved One is Killed at Six Flags, a Dallas Family Wants Answers

By Carabin Shaw

One year after a Dallas woman tragically fell to her death at a Six Flags amusement park in Arlington, the legal issues are far from over.

The accident occurred on the evening of July 19, 2013, when 52-year old Rosa Esparza fell 75 feet from where she had been sitting, behind her daughter and son-in-law, on one of the thrill rides. Prior to this, Esparza was allegedly upside down in her seat and holding on for “dear life” before plunging to her death from the Texas Giant ride. This was Esparza’s first visit to the Six Flags theme park.

Following the tragedy, the Arlington Police Department and Six Flags conducted an investigation into what went wrong. The ride shut down for the rest of July and August, before reopening in September after the investigation found no evidence of mechanical failure. Added to the ride were restraining bar pads that had been redesigned, seat belts, and a coaster seat at the entrance so potential riders could determine whether they would fit into the cars securely. Esparza’s family learned that the coaster seat had remained stored after the Texas Giant ride reopened in 2011 following a $10 million renovation.

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Published on: July 14, 2014

Texas Mother and Two Children Killed in a Wrong Way DWI Crash

By Carabin Shaw

A mother and her two children were killed recently by a driver driving the wrong way in Kilgore, Texas. The driver may have been intoxicated at the time, and had previously been convicted of anther DWI.

The crash occurred early in the morning, on Loop 259 near Dudley Road. Police officers responding to a 911 call found the children, a five year old and a 12 year old, dead and their 43-year-old mother unconscious. Their father, who had been driving, was conscious, but dazed. The mother later died after being taken to a local hospital.

The Department of Public Safety determined that the series of events that led to the crash began when an oil field truck driven by 22-year-old Shelby Taylor was traveling southbound in the northbound lane near Gregg and Rusk County when it crashed into the victims’ van. The father attempted to swerve out of the way, but was unable to avoid the truck in time. It was unclear whether the mother and children were not wearing seat belts at the time, and had been sleeping in the back of the van.

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Published on: July 3, 2014

One Killed, Four Injured in Comanche, Texas After Fireworks Explosion

By Carabin Shaw

Fireworks are a long-standing tradition on July 4th. However, they can also be highly dangerous, especially if not handled appropriately. Recently, tragedy hit the Comanche area when one person was killed and four others injured in a fireworks accident.

The accident occurred when Kiwanis Club members were preparing fireworks for the 4th of July celebration the morning beforehand, on a baseball field near a high school. A trailer holding most of the fireworks suddenly exploded. The cause is not yet clear. One person was confirmed dead and the other four were rushed to the burn unit of Comanche County Medical Center, with injuries ranging from first to third-degree burns, mostly on their hands. All 4th of July activities were canceled as a result. This would have been the 24th year that the fireworks were held, and the event usually drew as many as 15,000 people.

There is no evidence as to whether the fireworks had been mishandled before they were placed in the van, or whether they were simply defective. However, this is just the latest in a series of serious accidents caused by fireworks. In 2011 alone, they caused an estimated 17,800 reported fires, including 1,200 structure fires, 400 vehicle fires, and 16,300 outside fires. These fires led to eight deaths, 40 injuries, and $32 million in property damage. In 2012, an estimated 8,700 people went to emergency rooms across the country due to fireworks-related injuries. Of these injuries, more than 55 percent were to extremities and 31 percent were to the head. The risk was highest for those between the ages of 15 and 24, followed by children under the age of 10.

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Published on: June 25, 2014

Japanese Automakers Preparing to Recall Three Million Vehicles Sold in Southern States, Including Texas

By Carabin Shaw

It appears as though General Motors is not the only major automaker to order recalls of thousands of its automobiles. Now Japanese automakers Mazda, Honda, and Nissan have ordered recalls as well. Between the three, more than three million vehicles were slated to be recalled, due to faulty airbags supplied by Takata Corporation, a parts manufacturer.

The recalls specifically targeted vehicles that were sold in states with high absolute humidity in the southern United States, including Texas. The reason was because the front air bag inflators contained a defect that could cause them to explode. If air bags deploy with too much pressure, they can rupture, resulting in a failure to protect the vehicle occupants from injury.

The three automakers decided to order recalls after receiving information about the issue from Takata Corporation. This recall supplements one that was enacted in 2013, which affected as many as six million vehicles, including those manufactured by Mazda, Honda, and Nissan. For the current recall, Honda estimates that more than two million vehicles sold in the United States are affected. Nissan and Mazda have previously recalled 750,000 and 160,000 vehicles respectively.

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Published on: June 19, 2014

Couple Dies in Prosper, Texas After Hitting Each Other Head On

By Carabin Shaw

In a tragic set of circumstances, a newlywed couple died in Prosper, Texas after slamming into each other’s car head on.

Nicolas Cruz, age 31, and Kristina Munoz, age 26, were both employed at the same egg farm, Mahard Pullet Farm, but reportedly drove separate cars due to their different schedules. Around 10 am that morning, Cruz drove northbound on County Road 87 in his 1990 Mazda pickup truck, while Munoz drove southbound in a 1999 Saturn. Local investigators state that Cruz had reached the top of a hill when he collided with his wife, who was headed down. Although they are still trying to piece together what happened, investigators believe that Munoz drifted across the center divide into her husband’s path. They noted that County Road 87 is a very narrow, blacktop county road near the Oklahoma border, without highway markings or any central stripe to separate the two directions. Moreover, it lacks any side shoulders that could have allowed for one car to swerve and miss the other.

Neither member of the couple was wearing a seat belt at the time of the collision, and there were no indications of skid marks. First responders and fire teams needed to use special tools in order to extricate Cruz and Munoz from their cars. They were both pronounced dead at the scene. Cruz and Munoz leave behind three young children, two boys and a girl. Relatives and friends in the small Texas town of Chillicothe left messages on Munoz’s Facebook page, stating that she and Cruz would always be in their hearts.

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Published on: June 12, 2014

Commissioner of Texas Division of Workers’ Compensation Resigns

By Carabin Shaw

Rod Bordelon, the Commissioner of Texas’ Division of Workers’ Compensation, abruptly resigned from his position last week, possibly due to criticism that his division was too cozy with the insurers it was supposed to be regulating.

Bordelon’s resignation will officially take effect on August 1. In the meantime, both workers’ advocates and insurers alike have been buzzing about his reasons and how it could affect his division. Lawyers who represented the injured in disputes with insurance companies had claimed that Bordelon’s sympathies were tilted toward the insurers. Meanwhile, the insurers claimed that Bordelon treated them fairly.

Prior to the resignation, state lawmakers were in the process of studying the way Texas treated those who were injured or killed while working. Texas is the only state in the country that does not require all private employers to carry workers’ compensation insurance or a private equivalent. Although two-thirds of employers still carry workers’ compensation insurance, that leaves a substantial number of businesses that do not. With regard to the injured workers who are covered, the Division of Workers’ Compensation acts as a court-like system in order to determine whether injured workers are entitled to benefits. Bordelon recently acknowledged to members of the Business and Industry Committee that these injured workers lost a sizeable percentage of disputes in front of his agency.

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