Texas Personal Injury Law Blog

On Thursday, April 8, 2010, several vehicles crashed on a Highway 121 bridge in Carrollton, Texas according to a report by KDFW Fox News 4. The accident involved a tractor-trailer, a dump truck and a pickup truck on the eastbound lanes of the highway near Interstate 35E on a section commonly known as the Sam Rayburn Tollway (SRT).

A North Texas Tollway Authority dump truck struck a semi that was hauling 40,000 pounds of cargo heading northbound on 35E to eastbound 121. After the initial collision, the semi jackknifed and was hit a second time by a pickup truck.

A fire ignited the three vehicles, causing severe damage to the affected area. The cab of the tractor-trailer was seen dangling over the bridge, attached loosely to the rig. Fortunately, the driver was able to safely escape. Firefighters were called on scene to extinguish the blaze. One of the victims was transported to a local hospital for minor injuries.

Traffic had been delayed for seven hours during cleanup and investigation. All northbound and two southbound tollway lanes remained closed as well as the entrance ramp from northbound I-35 to northbound SRT.

Multi-vehicle accidents, especially ones including large commercial vehicles such as semi trucks, dump trucks and buses, can be devastating to all parties involved. As with many motor vehicle accidents, injuries sustained may not be apparent until the second or third day after the accident.

Regardless of the severity of the injuries, you may be entitled to recover compensation for your losses and traumas. Carrollton personal injury claims involving car and truck accidents require experienced legal counsel and investigation to ensure that your rights are protected.

According to an article on KWTX.com, two men were killed in Clifton, Texas on Thursday, April 1, 2010 when a train struck a pickup truck towing a trailer. The Department of Public Safety investigated the accident, which occurred on County Road 3221 off FM 1991. The driver appeared to have traveled around a railroad crossing sign before the collision. Witnesses indicated that the impact caused the trailer to overturn. No further information was provided.

Although not as common as car accidents, train accidents in Texas can often be destructive. Common railroad accidents are caused by mechanical failures, derailments, improperly maintained tracks, driver fatigue and collisions with passenger vehicles. Drivers and pedestrians should be aware of trains and take care to prevent an accident. Here are a few train accident prevention tips from the Federal Railroad Administration that can help save your life:

• Expect a train to come at anytime on any track regardless of signs.
• Trains cannot stop quickly. Once the emergency brake is activated, trains can take a mile or more before being able to stop.
• Keep an eye out for second or third trains at multiple track crossings.
• If your car stalls on the tracks, get out of the vehicle and walk away at a 45-degree angle toward the direction the train is coming so as to ensure that debris will not injure you.
• Trains are three feet wider than the tracks on each side. So, be sure to leave enough space between your vehicle and the crossing.
• Do not cross tracks unless there is a designated railroad crossing.

A teen whose leg was cut off by a propeller in a 2005 boating accident on Lake Austin has been awarded $3.8 million in damages and medical expenses by a federal jury. According to a statesman.com report, jurors decided on April 5, 2010 that the boat manufacturer, Brunswick Corp., held over half the fault for the accident and the teen’s injury. Despite the verdict, Brunswick representatives affirm the safety of their products, which according to them, “are used safely and properly by boaters around the world.” Most of the compensation awarded to the teen is intended to pay for past and future medical costs. $100,000 was awarded for the teen’s disfigurement and $264,000 was given for physical pain.

Responsibility for the boating accident was also attributed to the injured teen and the driver of the boat. Apparently, the driver of the boat was unaware that the teen was in the water behind him, and put the boat in reverse. As a consequence of this action and since the manufacturer of the boat and motor did not provide safety devices (guards or covers), the teen’s right leg was cut and twisted by the propeller. Based on the report, a few medical professionals referred to the teen as a “one-in-a-million survivor” since the propeller cut deep into his flesh, muscle and bone. The teen suffered significant blood loss and was in cardiac arrest for at least 45 minutes.

The plaintiff’s lawyer stated that the jury’s decision is the first victorious case against the boating industry for an individual hurt by a motor. It was a U.S. Supreme Court decision in 2002 that permitted these types of cases to be pursued.

With springtime in full-swing and summer just on the horizon, the importance of boating and watercraft safety cannot be emphasized enough. Before hitting the water, please be sure that you discuss safety, first aid, CPR and even overboard communication and rescue with your passengers, family and friends.

Workplace accidents happen every day despite safety regulations being enforced on a state and federal level. But this is no excuse for preventable catastrophic injury and wrongful death to employees who dedicate their entire lives to a company. Several updates have been provided on a daily basis since the recent coal mine explosion in West Virginia took place. At least 25 workers have been killed.

Based on one Nevada Appeal news story, rescuers have drilled into the Upper Big Branch mine in an effort to release some of the poisonous gas that was released. Rescue crews are hoping to make a safe passage into the coal mine and search for any potential survivors of the explosion. At the time of the article’s release, four workers were reported missing.

In what is the most terrible mining accident in the United States within the last twenty years, family members of those who have been lost, other miners, government officials and citizens throughout the nation are left wondering what can be done to make sure a tragedy like this does not happen again.

According to reports, an accumulation of methane due to improper ventilation may have caused the explosion. What is especially unnerving is that the Upper Big Branch mine has previously been cited for issues with its ventilation system, which is supposed to accurately get rid of highly combustible gas. An Associated Press analysis of mine safety records stated that similar to several other operators of mines, owner Massey Energy Co. has often avoided serious fines by actively appealing safety violations at the mine. The Mine Safety and Health Administration has assigned a team of investigators to examine the circumstances surrounding this explosion.

Wrongful death caused by workplace accidents can devastate families and cause much sorrow. Because these tragic accidents are so unexpected, family members of wrongful death victims are left to cope with the loss of a loved one in addition to potential financial strain. Although no amount of money can ever replace the ones we love, Texas wrongful death claims may help families recover compensation for loss of consortium and companionship as well as financial damages.