Texas Injury Lawyers Blog

Published on: March 5, 2014

U.S. Bureau of Labor and Statistics Data Reveals That Texas Accounts For 40% of Fatal Oil and Gas Accidents

Recent data from the federal Bureau of Labor and Statistics has revealed that of all of the oil field deaths throughout the United States, Texas accounts for 40% of them. That statistic covers the time period 2007 to 2012, when 663 oil field workers were killed overall. This period is significant because 2007 marked the beginning of the hydraulic fracturing — also known as “fracking” — and onshore drilling boom.

The number does not account for the workers who were seriously injured. The Houston Chronicle found that in 2012 alone, 79 workers lost limbs, 82 workers were crushed, 92 workers suffered from burns, and 675 workers suffered broken bones in accidents on the job site. One attorney representing some of the injured workers described it as “like the Wild West out there.” Meanwhile, 65 workers lost their lives in 2012 — 60% more than in 2011, and representing a 10-year high.

The reasons appear to be due to a combination of company indifference to safety and failure of federal oversight. While some well service companies at least made an effort to install safety programs, others did not implement anything. Meanwhile, federal officials have gone an estimated 22 years without implementing safety standards and procedures for onshore oil and gas drilling. By contrast, after the 2010 Deepwater Horizon oil spill offshore, in the Gulf of Mexico, improvements were made in offshore safety regulations. This included sending out more inspectors who had received special training, and tighter oil and gas safety regulations.

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Published on: February 24, 2014

Texas Man Sues Other Driver in Car Accident For Texting While Driving

By Carabin Shaw

Recently, an injured driver sued the other party for causing the accident allegedly due to texting while driving. Ramon Renteria was traveling north on State Highway 6 near Township Lane in Missouri City when he was allegedly rear ended by a vehicle owned by Even Gardner. Renteria claims that Gardner was sending and receiving texts on his cell phone when the accident occurred. As a result of the accident, Renteria allegedly suffered personal injuries, medical bills, and damage to his vehicle. He seeks monetary relief, including penalties, expenses, and attorney’s fees.

Lawsuits like the one filed by Renteria have come against a backdrop of state officials trying to crack down on texting while driving. Currently Texas is one of just nine states that does not ban texting for all drivers. While a bipartisan bill that banned texting reached Governor Rick Perry’s desk, he vetoed the bill due to an expressed belief that it was overreach. Instead, this state has bans targeting select groups: bus drivers, novice drivers, and drivers in school zones. However, there are plans to introduce another bill that bans texting, and several cities have already done so, including Austin, El Paso, and San Antonio.

Other cities, like Houston, and counties like Rusk County, have found some success through awareness campaigns. While in 2013, Rusk County experienced the deaths of nearly 30 people in roadside accidents, so far there have been no fatal accidents in 2014. That is due in part to an increased awareness campaign by organizations like Pay Attention East Texas (PAET), which is dedicated to promoting safe driving through public education.

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Published on: February 19, 2014

Texas Court of Appeals Vacates Award of Over $300,000 For Car Accident in Gracia v. Davis

By Carabin Shaw

Recently, in Gracia v. Davis, the Court of Appeals for the Fifth District ruled that a trial court’s directed verdict granting Curtis Davis damages should be overturned and a new trial on damages held. The trial court had granted Davis $17,400 for past medical expenses, while the jury awarded Davis another $300,000 for past and future medical expenses.

The events began in May 2008, when Jesus Gracia rear-ended a Ford Explorer Davis was driving while Gracia was using his cell phone. During the ensuing trial, Gracia filed a written stipulation to his liability and testified that he had been the cause of the accident, which left damages the case’s only contested issue. Following the accident, Davis drove himself to the hospital, where he told them of pain in his back, neck, and shoulder. Davis was given prescriptions for Tramadol and Flexeril, as well as discharge instructions for medical strain. Then two weeks later, Davis visited Dr. Glenn Smith, a chiropractor, who gave him several treatments and diagnostic examinations of his back, neck, and shoulders. Although an MRI taken that August did not reveal any disc bulges or hernias, Davis continued to receive treatment for a four months total, until he reached a “plateau” in September.

Davis continued to take pain medication and had difficulty performing his job duties at a Wal-Mart distribution center, which required constant lifting, pushing, pulling, and carrying tools, equipment, and supplies, some weighing up to 60 pounds. Davis found the work so demanding that sometimes he could not come in the next day because of the pain. Davis never disclosed to him employer that he had been in a car accident. He stopped using his pain medication due to work policy requirements and returned to Dr. Smith for pain treatment. Dr. Smith found that he had exacerbated his injuries due to increased activity at his new job and that he suffered from “soft tissue injuries” that would get worse as he aged.

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Published on: February 6, 2014

Tarrant County Judge Denies Jail Time to Teen Who Killed Four While Driving Drunk

By Carabin Shaw

Last month, this blog discussed the case of Ethan Couch, a 16-year old who drove while intoxicated and killed four people in Tarrant County. Couch’s defense attorneys argued that Couch suffered from “affluenza,” or the inability to know right from wrong due to growing up in a wealthy home where he was given everything he wanted. The Tarrant County judge, Jean Boyd, sentenced Couch to probation rather than jail time, which drew outrage from the victims’ families and the general public. District Attorney Joe Shannon had hoped to persuade the judge to reconsider and give jail time for two intoxicated assault charges.

Instead, Judge Boyd confirmed recently that no jail time would be included in Couch’s sentence. Couch will instead be on probation for 10 years, part of which will be spent in a locked rehabilitation facility that could cost Couch’s parents up to $450,000 a year. During probation, Couch cannot drink alcohol, use drugs, or drive. If he violates the terms of probation, he could be sentenced to 10 years in prison. The hearing was closed to journalists and the general public, so there is no knowing whether Judge Boyd elaborated on her reasons for choosing this sentence.

The tragic accident took place in June 2013, after Couch and his friends had allegedly robbed a Wal-Mart store. The teenagers then piled into Couch’s Ford F-350 pickup truck, with some riding in the truck bed. Couch proceeded to drive at 89 miles an hour down the Burelson-Retta road in southern Tarrant County, with a blood alcohol level of more than three times the legal limit of .08. Couch then struck four people on the side of the road — a mother and daughter who had come to pick up a stranded friend, and a pastor who offered to help. All were killed, and two of Couch’s friends flew out of the truck bed and suffered severe injuries. One is unable to speak or move, while the other suffered broken bones and internal injuries.

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Published on: February 4, 2014

Texas Court of Appeals Rules Against Injured Worker For Failure to Exhaust Administrative Remedies in Holmes v. Zurich Insurance Company

By Carabin Shaw

One of the most difficult aspects of coping with a workplace injury can be dealing with the your employer’s insurance company. Most employers are required to carry workers compensation insurance so that ideally, when a worker is injured, he or she can receive payments until able to resume work. However, sometimes insurers will refuse to pay for injuries or procedures that they believe do not fall within their “scope,” which was the case with Holmes v. Zurich Insurance Company.

In Holmes, the case involved a tire lube technician, Aaron Holmes, who injured his back at work. After he applied for workers compensation, the company’s insurance carrier, Zurich, accepted that Holmes had a lower back sprain, but not any other injuries. In February 2008, Holmes and Zurich participated in a benefit review conference to resolve the dispute, but were unsuccessful. A benefit contested case hearing was then held so that it could be determined whether Zurich had to compensate for a two-millimeter disc protrusion and two other injuries. In May 2008, the Division of Workers Compensation hearing officer found that the disc protrusion was a compensable injury, but not the others.

Holmes then sought pre-authorization for spinal surgery pursuant to the Texas Workers’ Compensation Act. After being denied once and having it overturned by the Independent Review Organization, Holmes had the procedure done. However, when Zurich received the bill, it refused to pay on the grounds that the surgery repaired non-compensable injuries in addition to the disc protrusion.

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Published on: January 26, 2014

Texas Father Killed and Family Injured After Teenage Drivers Run a Stop Sign Near the Texas Motor Speedway

By Carabin Shaw

In a recent tragic case, a father is dead and the other family members were critically injured when a car plowed into their car near the Texas Motor Speedway in northern Fort Worth.

The accident happened in the early evening, when a Dodge four-door sedan ran a stop sign and rammed into a Honda carrying a family of four. The Honda rolled into a ditch, killing the father, who was driving the vehicle. Meanwhile, the eight-year-old daughter was described as “combative and disoriented” when pulled from the car and was taken to Cook Children’s Medical Center. The girl’s mother and teenage brother were transported to another hospital in the area. Though the brother was initially unconscious when pulled from the vehicle, he was walking around not long afterward.

The occupants of the Dodge sedan were three teenagers, aged 16 through 18. It is unclear at this time what caused them to run the stop sign, whether drugs or alcohol were involved. Though the accident is under investigation, no arrests have been made or charges filed as of yet.

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Published on: January 20, 2014

OSHA Cites Municipal Company For Willful Violation and $63,000 After Two Workers Are Killed in a Trenching Collapse

By Carabin Shaw

Recently, Municipal District Services, LLC in Cypress, Texas was cited by the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) for willful violation of health and safety laws. The reason was due to a trenching collapse that led to one worker’s death and another’s injury.

The tragic accident occurred when workers were attempting to repair a water main. Municipal District Services excavated a 16-foot long, five feet wide trench through a concrete road. Two workers went into the trench to clean and cut a broken pipe. Yet roughly 10 minutes later, the south wall of the trench caved in.

In citing Municipal District Services, OSHA’s area director stated that while excavating and trenching may be hazardous, they can be performed safely through use of proper safety equipment like trench boxes. The willful violation was given for failing to give vulnerable workers cave-in protection when working in an excavated area or trench. A violation is considered to be willful when the company does so intentionally, knowingly or with voluntary disregard for the law, or with indifference to the health and safety of workers. Municipal District Service’s willful violation carried a penalty in the amount of $63,000. The company now has 15 days from receiving the OSHA citation to do one of the following: comply with the requirements, request a conference with the San Antonio office of OSHA, or contest the citation in front of the Independent Occupational Safety and Health Review Commission.

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Published on: January 14, 2014

Teen Who Killed Four in a Drunk Driving Accident May Face Jail Time After All

By Carabin Shaw

Many in Texas and across the United States were horrified to learn the outcome of a drunk driving case in which four people were killed. Ethan Couch, 16 years old, pleaded guilty to intoxication manslaughter and intoxication assault in Tarrant County court. In return Judge Jean Boyd sentenced Couch to 10 years probation. Prosecutors criticized the judge for so easily accepting the “affluenza” defense, and for giving a lighter sentence than many would receive for such a crime. However, Couch may end up yet serving time if the district attorney has his way.

The tragic case began back in June 2013, when Couch and several of his friends robbed a Wal-Mart store before they got into Couch’s Ford pickup truck and drove at 89 miles per hour down the Burleson-Retta road in southern Tarrant County. Couch, the driver, had a blood alcohol level of more than three times the legal drinking limit when he plowed into four people stopped by the side of the road. They included a mother and daughter who had gone to help a stranded friend, the friend, and a youth pastor who had stopped to help. Couch’s collision also left one of his friends critically injured.

In court, Couch’s attorneys argued that Couch suffered from “affluenza”: he had grown up rich and had received everything he wanted, making him incapable of knowing right from wrong. Couch elected to have Judge Boyd sentence him rather than face a jury. He stood to receive up to 20 years in prison, but instead, Judge Boyd ordered that he be released to his parents and be placed at Newport Academy treatment facility, which cost $450,000 per year, which his parents would be required to pay. Couch would remain for at least three months. He has already been twice cited for driving at 89 miles per hour while under the influence, and pleaded no contest. Two of his requirements were to take an alcohol awareness class and do 12 hours of community service.

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Published on: January 7, 2014

Texas Military Veteran Sues Medical Device Company After Plate in His Leg Breaks Twice

By Carabin Shaw

A Texas military veteran recently brought a lawsuit against a medical device company after the plate in his leg broke for the second time. Sergeant Don Gustafson, a veteran of the Marine Corp and Navy Reserve, sued Zimmer, Inc. in state court in Collin County, claiming that the medical device company created an unsafe product and lied about it. Zimmer, Inc. sells devices ranging from knee to hip devices and generates earnings of $4 billion per year worldwide.

The situation began back in 2007, when Gustafson broke both bones in his lower leg in a motorcycle accident. He had a plate installed to stabilize the leg that was manufactured by Zimmer, Inc. Sometime later, the plate broke and Gustafson was forced to have a new one installed. He contacted the company to let them know what happened, and was allegedly told that there was nothing wrong with the product. Gustafson believed the company’s claims, and so he had the same type of plate installed in his leg. One year later, after suffering pain in that location, Gustafson had an X-ray, which showed that that plate was broken as well.

Gustafson claims that as a result of the plate being broken, he suffered so much damage in his lower leg, his doctors discussed amputating it prior to his third surgery. His complaint came to the attention of the federal Food and Drug Administration (FDA), which requires that companies like Zimmer, Inc. report every device failure within 30 days of it taking place. Gustafson claims that Zimmer, Inc. was not reporting every device failure. Instead, the company allegedly sometimes waited months to report a problem (like Gustafson’s), and its employees operated under the belief that they did not need to report every problem, just the ones reported to them by a physician.

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Published on: December 27, 2013

South Texas Jury Awards $281 million to family of man killed in Eagle Ford Shale Truck Accident

By Carabin Shaw

On December 7, 2013, a jury in South Texas found that Heckmann Water Resources Inc., an oil patch supplier near San Antonio, Texas, negligently failed to maintain a tractor-trailer truck that caused the death of Carlos Aguilar. The lawsuit stems from a May 2012 accident in which Aguilar, a U.S. Army veteran, husband, and father of seven, was doing work at the Eagle Ford Shale oilfield when a drive shaft broke off from under a Heckmann tractor-trailer traveling at 67 mph. The 20-pound part crashed through the windshield of the pickup truck that Aguilar was riding in, killing him.

Aguilar’s family filed suit against Heckmann and one if its employees, alleging that Heckmann failed to properly maintain the tractor-trailer. The jury ultimately found the company negligent and awarded Aguilar’s family (his parents, wife, and seven children) $281 million, which included $181 in compensatory damages and $100 million in punitive damages against Heckmann. The jury did not find Heckmann’s employee negligent. Heckmann’s Scottsdale, Arizona-based parent company, Nuverra Environmental Solutions, plans to appeal the decision. The verdict is one of the largest verdicts in Texas history.

Texas is by far the largest producer of crude oil and natural gas in the United States. In addition, the Eagle Shale Ford area continues to grow. There are currently 265 oil rigs operating in Eagle Ford Shale, compared to only 158 operating rigs in 2010. This means more oilfield workers and likely more accidents both at the oilfield rig and in and around the area involving trucks transporting supplies. In fact, according to the Texas Department of Transportation, the largest recent jumps in fatal traffic accidents are those involving commercial vehicles.

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