Texas Personal Injury Law Blog

A Galveston resident has sued Valero Refining-Texas and Hertz Equipment Rental after he slipped and fell on the step of a lift and injured his left thumb and hand. According to a news report in the Southeast Texas Record, the incident occurred November 1, 2010. The man was apparently using a scissor lift, which was rented or leased to his employer. He slipped on a step of the lift and suffered injuries. The lawsuit alleges that Hertz supplied the scissor lift in defective condition and that Valero inspected the equipment and allowed its use in spite of the safety issues. The complaint also alleges that Hertz failed to warn about the product’s lack of anti-slip materials. The victim is seeking unspecified damages and a jury trial.

Slip-and-fall accidents are extremely common at a number of workplaces. They are common in industrial or construction settings. A fall can occur during acts such as walking, climbing a ladder, or while working from heights. According to 2009 statistics from the Bureau of Labor Statistics (BLS), 605 workers were killed and an estimated 212,760 workers were seriously injured as a result of falls.

When a slip-and-fall accident occurs, it is important to determine where and how the accident occurred. If the fall occurred as a result of the property owner’s negligence, a premises liability claim may be filed against the owner. If a defective product, such as a ladder, caused or contributed to the incident, the manufacturer of the defective product can also be held liable. If you or a loved one has been injured as a result of a slip-and-fall accident, an experienced Lewisville premises liability lawyer may be able to help you obtain more information about pursuing your legal rights.

Three people were killed and one person is in critical condition after a car accident involving two vehicles in Conroe, Texas. According to a news report in The Houston Chronicle, the fatal car accident occurred when a 1999 Dodge 2500 was traveling north on FM 3038. The driver of a 1995 Honda Civic that was eastbound on Avenue M allegedly failed to yield the right of way at the stop sign. The two vehicles collided and the Dodge crashed into the side of the Honda. Three passengers in the Honda died at the scene. The Honda’s driver was transported to an area hospital with critical injuries. The Dodge’s driver suffered non-threatening injuries. The investigation is ongoing.

According Texas Transportation Code Section 544.010 (a): “Unless directed to proceed by a police officer or traffic-control signal, the operator of a vehicle or streetcar approaching an intersection with a stop sign shall stop as provided by Subsection (c).” Drivers are required to come to a full stop at a stop sign and yield the right-of-way at the intersection.

Drivers who fail to obey the red light or fail to yield the right-of-way at stop signs cause a number of street intersection accidents in Texas. In such cases, injured victims may file a TX auto accident injury claim against the at-fault party seeking compensation for damages. Family members of deceased passengers may file a wrongful death claim against the at-fault motorist seeking compensation for damages.

Injured victims or families of deceased victims in such cases would be well advised to seek the counsel of an experienced Texas wrongful death lawyer who has successfully handled personal injury and wrongful death claims.

Victims who have suffered a traumatic brain injury and their families go through tremendous struggles as they cope with how their life changes in the aftermath of such an event. Most patients suffer from amnesia, shock, or post-traumatic stress disorder after suffering a serious head injury. While patients with mild or moderate brain injuries may not spend too much time at the hospital, those who have suffered severe traumatic brain injuries could end up spending months at a hospital and then continuing their treatment at a rehabilitation facility.

Brain injury victims, in addition to requiring surgeries, may also need to relearn a number of everyday skills such as eating, bathing, and dressing. Some may even need to learn how to walk or talk. Patients may also need aids, such as wheelchairs or a specialized computer keyboard, in addition to emotional counseling, physical, speech, and occupational therapy. Many brain injury patients also suffer from severe bouts of depression while their family members learn to cope with their various behavioral changes. In most cases, a person who has suffered a serious traumatic brain injury is never the same person again.

The cost of living with a brain injury can be significant. Medical expenses and continuing treatment and care costs can add up to millions of dollars over a patient’s lifetime. If your brain injury was caused by someone else’s negligence or wrongdoing, an experienced Lewisville brain injury attorney can give you more information about pursuing your legal rights. Depending on the circumstances of your case, you may be able to receive compensation for your injuries, damages, and losses.

Injuries suffered in a Texas truck accident can be absolutely devastating. When a large truck strikes a smaller vehicle, it is often the occupants of the smaller vehicle who suffer serious injuries. These accidents often result in fatalities as well. If you have been seriously injured in a truck accident in Dallas, it is important to understand how liability is determined and who can be held liable.

Depending on the circumstances of the case, there are several parties that can be held liable. First, if the accident was caused by driver error or negligence, he or she can be held liable for the incident. Was the truck driver under the influence, distracted, speeding, fatigued, or inattentive? In addition, since the driver was on the job at the time, his or her employer can be held liable as well. This could be the truck owner or the owner of the distribution company that operates the truck. The owner of the truck is responsible for proper vehicle maintenance. In fact, trucking companies are required to keep vehicle maintenance logs for all their trucks.

In addition to the driver and truck owner, other parties may also be held liable. For example, if a defective truck part caused the accident, then the manufacturer of the defective product can be held responsible. Also, if a dangerous roadway condition caused the accident, then the governmental agency responsible for maintaining the roadway or public property can also be held liable.

If you or a loved one has been injured in a truck accident, please contact an experienced Lewisville truck accident lawyer who will review the circumstances of your case, help preserve critical evidence, such as driver and maintenance logs, and protect your rights.

A truck driver from Lewisville is facing charges after officials say he caused an accident that killed a 53-year-old man and injured another woman. According to a news report in the Hays Free Press, the fatal Texas truck accident occurred in Buda when a semi-truck slammed into the man’s pickup truck that was stopped on Interstate 35 for a crash. The out-of-control 18-wheeler hit the pickup, pushing it into another semi-truck, and then hit another pickup pulling a trailer causing it to crash into a van, which was in turn forced into a small car. Officials say the semi-truck driver was going at full speed and made no attempt to stop. Police say the truck driver will be charged with driving at an unsafe speed. Officials expect to file additional charges.

Truck driver negligence can result in major or even fatal accidents. There are a number of reasons why such accidents may occur. A truck driver may have fallen asleep at the wheel because of insufficient rest or breaks. Federal law requires drivers of commercial trucks to take frequent breaks in order to prevent fatigue. Speeding, reckless driving, impairment, distraction, and mechanical failure may also cause a large truck to go out of control.

When a truck hits a passenger car, it is the occupants of the smaller vehicle that suffer catastrophic injuries. In such cases, if a truck driver is determined to have been at-fault, both the driver and his or her employer can be held liable for the victim’s wrongful death or the injuries caused to others. It is important that victims and their families contact an experienced Texas semi-truck crash lawyer who will work to gather critical evidence such as driver logs and vehicle maintenance records to help determine fault and liability.

A wrongful death claim is a civil action that is filed in a case where an individual’s death was caused by someone else’s negligence or wrongdoing. According to the Texas Civil Practice and Remedies Code Section 71.002. (b): “A person is liable for damages arising from an injury that causes an individual’s death if the injury was caused by the person’s or his agent’s or servant’s wrongful act, neglect, carelessness, unskillfulness, or default.”

A wrongful death lawsuit is different from a criminal murder or homicide case. In a criminal case, the burden of proof is on the prosecution. A jury in such cases will have to determine “beyond a reasonable doubt” that the defendant was guilty of murder or manslaughter. In a civil wrongful death case, the plaintiff must prove that the defendant was liable or financially responsible for the family’s loss. A jury decides based on the evidence before them if the defendant is liable. This is known as a “preponderance of the evidence.”

It is important that victims’ families understand that they cannot seek any monetary damages in a criminal case. The court may order the defendant to pay restitution, but that is the extent of any financial compensation they may receive. However, a victim’s family may seek monetary compensation by filing a civil wrongful death claim. Such claims are usually filed by immediate family members such as a spouse, children, parents, or others who were financially dependent on the victim. If you have lost a loved one in a Texas accident, an experienced Lewisville wrongful death attorney can help you better understand your legal rights and options.

A 12-year-old girl suffered life-threatening injuries in a West Cobb car accident after the vehicle in which she was a passenger collided with another vehicle. According to a news report in The West Cobb Patch, the major injury collision occurred on a Dallas Highway outside a shopping center. Police say the driver of a 1990 Nissan Maxima driven by a 63-year-old man was trying to turn left from the highway into the shopping center.

The Nissan crashed into a 2005 Chevy Colorado that was eastbound on the highway. The driver of the Nissan and a passenger, as well as the other driver, were hospitalized with non-life-threatening injuries. The girl, who was a rear seat passenger in the Nissan, was critically injured. Officials are investigating the cause of this collision.

According to the Texas Transportation Code Section 545.152: “To turn left at an intersection or into an alley or private road or driveway, an operator shall yield the right-of-way to a vehicle that is approaching from the opposite direction and that is in the intersection or in such proximity to the intersection as to be an immediate hazard.”

In such cases, investigators will likely look into who had the right-of-way and who was at fault. The at-fault motorist, in addition to facing possible criminal charges, can also be held financially liable for the injuries and damages caused. Injured victims can seek compensation for damages including medical expenses, lost wages, cost of hospitalization, rehabilitation, and pain and suffering. An experienced Dallas auto accident injury attorney can help a car accident victim obtain the compensation he or she needs to recover and move forward after a devastating crash.

A police officer and a tour bus driver suffered serious injuries after a pickup truck struck them on the U.S. 175 in Dallas. According to an NBC 5 news report, the Texas motor vehicle collision occurred in the 3500 block of the highway during the early morning hours. Officials say a Dallas police officer stopped to help a 20-passenger tour bus that was stalled in the southbound center lane.

The officer left his emergency lights flashing, got off the cruiser and was talking to the bus driver when a Chevy pickup truck collided with the squad car. The impact of the collision caused the patrol car to strike the bus. The bus veered left, hitting the officer and the bus driver. Both were transported to an area hospital with severe injuries. Police say the driver of the pickup was not under the influence, but they believe fatigue played a role in the accident. No one else was injured.

According to the National Highway Traffic Safety Administration (NHTSA), drowsy driving causes more than 100,000 crashes a year, resulting in 40,000 injuries and 1,550 deaths. A NHTSA study states that most of the accidents involving drowsy drivers occur during the early morning hours. The most common causes are sleep loss, use of sedating medications, untreated sleep disorders, and consumption of alcohol.

There is no question that drowsy driving is negligent driving. It is best that drivers avoid traveling during late night or early morning hours, especially if they have not had enough sleep. If a drowsy driver has injured you or a loved one, an experienced Dallas traffic accident lawyer can help you obtain more information about pursuing your legal rights.

Federal safety regulators are investigating buses made by Motor Coach Industries Inc., one of which was involved in a fatal Texas bus accident that left two dead and 50 others injured. According to an Associated Press news report, the March 16, 2010 bus crash involved an Americanos USA bus operated by Greyhound, which crashed on the Interstate 37 near San Antonio. The Texas Department of Public Safety determined that the drive shaft broke before the bus went out of control and overturned.

The National Highway Traffic Safety Administration’s (NHTSA) investigation covers an estimated 4,000 MCI D-Series buses with a steerable rear axle manufactured since 1992. The probe was spurred by complaints filed by Greyhound that several drive shafts have failed on MCI buses in its fleet since March 2010. Apparently, the shafts were not held up by safety loops that are meant to keep them in place. So far, the defective product investigation has not resulted in a safety recall.

Bus accidents can be devastating and often result in catastrophic or fatal injuries. Often times, they result in multiple fatalities. If the bus crash was caused by driver negligence, then the driver and his or her employer, the bus operator, can be held liable for the injuries and damages caused. However, if the accident was caused by a vehicle defect, the bus manufacturer or the maker of the defective product can be held liable.

In such cases, injured victims or the families of deceased victims would be well advised to seek the counsel and guidance of an experienced Dallas bus accident lawyer who has successfully handled accident claims.

The U.S. Centers for Disease Control and Prevention (CDC) has found that raw milk products, an increasingly popular alternative to pasteurized dairy products, are a common cause of disease outbreaks. While natural and organic milk has been seen by its devotees as a better alternative than manufactured and processed milk products, the CDC believes that those who drink it are more likely to become ill.

According to the CDC, raw milk products accounted for 36 percent of all who became ill in milk-related outbreaks from 1993 to 2006. What makes the number more impressive is that only approximately one percent of all milk drinkers in the U.S. drink raw milk. In total, dairy-caused outbreaks sickened 4,413 people in that time span.

What makes raw milk different from other types of milk, even organic milk, is that the products have not been pasteurized, a process in which the milk is heated up and immediately cooled in order to kill any bacteria. Supporters of raw milk believe that the products are naturally better for people and relieve allergies, asthma, ulcers, and eczema, with some lactose-intolerant consumers claiming that they are able to drink it without any side effects.

While the debates concerning the positives and negatives of the product have increased due to the study’s findings, related outbreaks have highlighted the product’s dangers. Commonly, those sickened by raw milk are poisoned by E. coli, dangerous bacteria that are more difficult to detect when testing milk products.

Consumers put trust in manufacturers to create safe products they may use without fear of harm, but defective products cause serious injuries every day. A Fort Worth defective product attorney can assist you in finding proper compensation for the losses suffered if you or a loved one has been injured or become ill by a defective product.

Six people were injured, two seriously, in a Fort Worth car accident, which officials say involved seven vehicles. According to a news report in The Star-Telegram, the injury collision occurred on Interstate 35W near NE 28th Street. Police say two 18-wheelers were also involved in the chain-reaction collision. Two people were transported to a local hospital with serious injuries. Four others were taken to area hospitals for evaluation. It is not clear which one of the vehicles triggered this chain-reaction crash.

Multi-vehicle collisions can cause major injuries or even fatalities, especially on the freeways where high speeds are involved. A chain-reaction crash may be caused by a distracted or inattentive driver. Excessive speed or following too closely could also lead to these types of devastating car accidents. A thorough investigation will be needed in order to determine who was at fault for the crash.

A car accident involving multiple vehicles and victims can be complicated because it usually involves several insurance companies and sometimes attorneys as well. If you have been injured in a crash involving multiple vehicles, it would be in your best interest not to talk to any insurance adjusters or attorneys representing other drivers.

Please contact an experienced Fort Worth personal injury attorney who will fight for your rights and look out for your best interests. It would be a mistake to settle too early or accept a lower settlement without waiting for the investigation to be completed. It would also be in your best interest not to sign any papers or agree to a settlement before talking to a knowledgeable Fort Worth car accident attorney.

A boating accident off the Texas coast on March 22 left two Houston men stranded in the middle of the ocean without help or anyone’s knowledge of their accident. The fatal Texas accident began when the two men, longtime friends out on a fishing trip, were left stranded in the ocean after their 30-foot boat sprang a leak and suddenly flipped over. By the end of the 35-hour ordeal, one man had died and the other was rescued by the Coast Guard, according to The Huffington Post.

The two men had gone out fishing, a regular pastime they enjoyed together, but their boat suddenly sprang a leak for unknown reasons and both engines failed. As they could not bail water out fast enough, they grabbed safety devices and were prepared when the boat violently turned over, leaving them stranded in the water. Cell phone calls to 9-1-1 were impossible due to being out of service range and Mayday calls to Marine Radio received no response.

Over the span of 35 hours, the two men worked to stay alive by using flotation devices, treading water, strapping themselves together to stay warm, and taking turns sleeping. Unfortunately, one of the men soon developed hypothermia and could no longer swim by the afternoon of the next day. By the end, the man had come to an agreement with his friend to cut him loose and swim to a far off gas rig to try and make contact with emergency services. The man was able to make it to the rig and was rescued by the Coast Guard, but by the time they reached his friend he had passed away.

Boating accidents are often deadly and can occur for a large number of reasons, many of which are often beyond the control of a victim. Those who have been injured or lost a loved one in a boating accident should retain the services of a Texas boating accident attorney who will help them find proper compensation for their related losses.

A new study released by the AAA Foundation for Traffic Safety has found that electronic devices, especially cell phones, are the leading cause of distraction for teen drivers in the United States today. Especially alarming is the fact that distracted driving has been strongly linked to fatal car crashes, which are the leading cause of death for teenagers.

According to a report by CBSNews.com, talking on the phone and texting while driving were the most common distracted driving behaviors for teen drivers, and teenage girls are twice as likely as boys to practice such dangerous behaviors. The study used cameras and data recorders placed with consent in the vehicles of both novice and experienced teen drivers to observe their behavior and record their actions while on the road. According to the study, cell phones are a more common distraction for teen drivers than adjusting controls, eating/drinking, grooming, loud conversations with passengers, and horseplay.

Cell phone use, whether talking or texting, causes a great amount of distraction for a driver as it can take his or her hands off the wheel, eyes off the road, and mind off the act of driving. Any one of these is enough to cause a Texas auto accident, but cell phone use (especially texting) can cause all three to happen at once. The auto accidents that result are often serious in nature and frequently lead to fatalities.

A Lewisville cell phone car accident attorney can help crash victims find proper compensation for the injuries suffered and the related medical bills that result. Those who choose to drive in such reckless manners should be held accountable for their actions, and victims should not suffer the consequences of an accident caused by a negligent driver.

According to a study known as the Chicago Health and Aging Project, hospitalization puts the elderly at a greater risk of cognitive decline. The study found that people over the age of 65 had a greater risk of suffering accelerated cognitive decline that is more than normal for their age when they have stayed for any length of time in a hospital, according to The Chicago Sun-Times.

According to the newly published study, elderly patients who had a hospital stay suffered from a rate of cognitive decline that was twice as fast as their decline prior to entering the hospital. While cognitive decline and other forms of mental change are normal for the elderly, those who had a hospital stay also had a twice as fast decline than those who never had one. This faster rate of decline is commonly associated with a risk of disability, dementia, loss of independence, and death.

While exact causes for the increased cognitive decline are still unclear and it is unknown if it is tied to any traumatic brain injuries, the Chicago Health and Aging Project stated that the decline after hospitalization was “equivalent to being more than 10 years older.” The study was accomplished by observing and testing 1,870 people at least 65-years-old, with 71 percent hospitalized at least once during the study. Every three years, the study administered four tests on memory and thinking skills that scored overall cognition skills.

Suffering an injury or illness due to the medical malpractice of doctors, nurses, and other hospital staff that one has put their trust in can have an enormous physical, emotional, and financial toll on a victim. Those injured should contact an experienced Lewisville medical malpractice attorney to find help in gaining proper compensation for their losses. Without finding compensation, a victim can suffer medical bills and pain and suffering from injuries they were not responsible for.

Dogs are often seen as man’s best friend because of their loving and playful nature, but according to the U.S. Centers for Disease Control and Prevention (CDC), approximately 800,000 Americans seek medical attention for dog bites every year. Among these, child injuries are among the most common and the most frequently serious. Whether it is due to naturally aggressive dispositions or owner-induced aggression, many dogs present threats to both owners and strangers, with many causing serious injuries during attacks.

In order to keep yourself and loved ones safe from harm, it is important to understand what to do before and during a dog attack.

Preventing an Attack

Never approach an unfamiliar dog as you do not know its disposition, and only pet a dog if the owner says it is ok. When petting the dog, be gentle and slow so you do not aggravate the animal, causing it to bite. If you are near a strange and possibly aggressive dog, do not run or scream; this will cause the dog to chase you as it is its natural instinct. Instead, remain motionless, do not look the dog in the eye, tuck your hands in, and turn at a 90 degree angle away from it so as to not seem aggressive. Once it loses interest, slowly back away until out of sight.

When a Dog Tries to Attack

If the dog begins to attack you, try to signal to anyone around for help. Put anything you can between the dog and yourself to stop it, such as chairs, tables, and even vehicles. If possible, get up onto something high to get out of reach of the dog.

If Attacked by a Dog

If you are knocked down by the dog, curl up on the ground with your knees on the ground, head facing the floor, and arms and hands crossed over the back of your neck and head. This position is the best possible to avoid the most serious injuries caused by dog attacks.

If you have been injured by another party’s dog, you have the right to seek compensation for your losses. A Dallas dog attack injury attorney can aid you in your search for help with costly medical bills, injuries, pain and suffering, and other related losses.