Texas Personal Injury Law Blog

According to the U.S. Centers for Disease Control and Prevention (CDC), over 4.7 million Americans are bitten by dogs every year. Of these, 800,000 people – including 400,000 children – are bitten badly enough to see a doctor. Approximately 386,000 people go to emergency rooms for treatment each year after a dog bite. Dog bites also claim about sixteen lives per year in the U.S.

In order to help prevent dog bite injuries, the CDC recommends a number of things you should consider before getting or approaching a new dog. For example, before getting a dog, research various dog breeds to learn which would be the best fit for your family. If your child is afraid of dogs, do not bring a dog into the household until your child is comfortable around them. When choosing a dog, select one that is properly socialized and trained, or ensure that you give your dog proper socialization and training to prevent dog bite attacks. And finally, consult a veterinarian or animal behavior specialist if your dog starts showing signs of aggression, fear, or similar emotions that can lead to biting.

You can also help protect your kids from dog bite injuries by ensuring they know how to act safely around a dog. Teach children not to approach an unfamiliar dog and always to ask a dog’s owner if it is okay to pet the dog. If the dog approaches your children, teach them to stand still and not to run screaming. Remind children never to bother dogs who are sleeping, eating, or taking care of their puppies, and if they are bitten, to tell an adult immediately.

Dog bites can often be prevented by knowing how to live with and near dogs. However, if you or your child suffers a dog bite, an experienced Texas dog bite injury lawyer can help you understand your legal rights and options regarding pursuing a case against a negligent dog owner. Always seek medical care for a dog bite first, and then consider consulting an attorney.

In Texas, until recently, the law has been that if a property owner knows about a hazardous condition on their property, the owner can protect against liability for injuries by warning others about the dangerous condition. However, the Texas Supreme Court recently held that, in some cases, not even the strongest warning is enough to protect a property owner.

In Del Lago v. Smith, Smith was at a fraternity party held at the Del Lago resort. Over the course of the evening, the fraternity got into a verbal argument with a wedding party also celebrating at the resort. Both the fraternity and the wedding party got increasingly drunk as the night wore on, and eventually the argument turned into a physical fight. Smith got involved and suffered a fractured skull.

The Texas Supreme Court held that, because Del Lago was aware the argument was likely to turn into a fight and had over an hour and a half to break it up before the fight started, Del Lago was therefore liable for not taking a “reasonably prudent” action to prevent the fight from hurting Smith or other patrons. The Court stated that “in some circumstances, no warning can be adequate,” but it did not explain how to recognize situations in which no warning could be enough.

Protecting patrons from injury is part of a business’s duty under Texas law. When a business’s negligence or carelessness leads to a patron getting hurt, the business may be liable under Texas premises liability law for medical expenses, lost wages, and other damages. This rule reminds businesses yet again to watch out for their patrons to avoid a Texas premises liability case.

City engineers have named the intersection of Main Street and State Highway 121 as the most dangerous intersection in The Colony, a suburb of Dallas, according to a recent report by NBC Dallas-Fort Worth. The second most dangerous intersection in the area is the crossing of Paige Road and Highway 121, just half a mile away.

Nearly 200 car crashes have occurred in these two intersections in the past two years.

According to city engineers, both intersections allow drivers to turn left on a green light, as long as they yield to oncoming traffic. However, these engineers note that drivers are failing to yield, which results in collisions. Although city engineers would like to install left turn lights with green arrows and a dedicated left-turn lane, the city is not permitted to change the intersections on its own. Rather, it must convince the North Texas Transit Authority and the Texas Department of Transportation to change the lanes and the signals.

To speed up the process, city engineers began officially documenting the crashes, discovering that 68 percent of the Paige Road intersection’s collisions occurred on a left turn, and 72 percent of the Main Street collisions involved a left turn. The city hopes that transportation officials will move quickly now that there is documented evidence of the dangers of the intersections.

Dallas car accident attorneys are concerned about the dangerous intersections in Texas that present a particular risk to drivers, even when they are driving carefully. Stay safe everyone!

At least three people were injured recently when a passenger car and a truck hauling fuel crashed on Interstate 30 west of downtown Dallas, according to a recent news report from KWTX. The crash ignited the fuel, causing the tanker truck to explode, which shut down both sides of the interstate.

The driver of the fuel tanker and two people riding in the car were taken to a local hospital for treatment, which were not reported to be life-threatening. No one was killed in the crash or the resulting explosion.

According to Dallas Fire-Rescue personnel, the fuel truck struck the median, resulting in the explosion. At least one car was also involved in the crash, but police are not yet certain how the accident occurred or in which order the vehicles collided with one another or the median. They are also investigating the source of the explosion.

The explosion rattled doors and windows in nearby homes. Both the sound and the fire could be seen from several miles away. Dallas Fire-Rescue crews noted that some of the fuel spilled into a nearby creek, but did not say whether plans have yet been made to clean up the contamination.

The Texas Department of Transportation plans to inspect the section of I-30 where the accident occurred. The inspection will verify that the damaged roadway is safe to drive on. Meanwhile, traffic will be rerouted to avoid the area.

Most U.S. truck drivers work hard to prevent accidents on their routes. Unfortunately, no driver can avoid all possible accidents. Texas motorists who suffer injuries in a collision have certain legal rights and options to help them obtain compensation and move forward after an accident. An experienced Texas truck accident attorney can help injured motorists in Texas learn about their rights and protect them in court.

Snow, ice and cold weather combined to cause several accidents in Collin County and the Dallas-Fort Worth area this month, including an accident in McKinney that claimed the life of a 21-year-old driver, according to a recent article in The Allen American.

The deceased was riding with his father on State Highway 121, when a patch of ice caused their vehicle to skid out of its lane and into oncoming traffic. The car sideswiped a passenger van, which spun around but managed to stay on the road. The car in which the young man and his father were traveling, however, ended up in a ditch. Although rescue crews rushed to the scene, the 21-year-old was unable to survive his injuries, according to the Texas Highway Patrol. Neither of the drivers was seriously hurt.

Although the car was reportedly traveling at or under the posted speed limit, the ice made the roads too dangerous to drive safely at that speed, state troopers noted. Icy roads were responsible for at least eleven other serious accidents in addition to the accident that claimed this young man’s life. At least 32 minor accidents were reported in Allen in the days immediately following the storm, but no one was seriously injured.

Texas state troopers suggest that drivers pay careful attention on slick roads by driving slowly and leaving plenty of room between vehicles to stop. They remind Texas drivers that, while four-wheel drive may help you move through snow, it will do nothing to stop your vehicle, especially if you skid out of control on ice. Driving carefully or postponing your trips altogether is the best way to prevent Texas motor vehicle crashes. When an accident occurs, however, learn how to protect your legal rights by talking to an experienced Texas car accident attorney.

Sassy, Inc., a Michigan-based maker of baby toys, and the U.S. Consumer Product Safety Commission have issued a recall of Sassy’s “Refreshing Rings” infant teethers and rattles. Pieces of plastic may fall off the teether/rattle when it is chewed, making it easy for children to accidentally swallow the plastic.

So far, Sassy, Inc. and the CPSC have received one report of plastic bits falling from the polka-dot end of the teether/rattle when a baby chewed on it. No injuries have been reported, however.

The “Refreshing Rings” teethers/rattles being recalled have a red ring filled with water on one end and a polka-dot plastic ball on the other end. The middle of the teether/rattle is a black and white plastic rod with three “floating” rings attached. The rings’ packaging displays the style number 80026. They were sold in mass merchandising store for about $5.00 apiece, and about 37,000 were sold from July 2009 to January 2011. The toys were made in China.

The CPSC advises parents and caregivers to take the teether/rattle away from infants and children. The toy can be returned to Sassy for a refund by calling 800-323-6336 or visiting http://www.sassybaby.com. In addition, the CPSC asks that any reports about the toy’s defects or injuries caused by the toy be submitted at http://www.cpsc.gov.

Parents do their utmost every day to provide the best possible environment for their babies and children. Unfortunately, parents must often rely on makers of children’s products to use child-safe materials that will not hurt children or make them ill. When a manufacturer doesn’t take this duty seriously, consumers can be seriously injured by a defective, dangerous product. Texas law provides legal rights and remedies for those who are injured by defective products. An experienced Texas product liability attorney provides an excellent resource for learning what your rights are and how to protect them.

The Federal Motor Carrier Safety Administration (FMCSA) enforces regulations that govern truck drivers and other commercial motor carriers. The agency is concerned with the safety of truck drivers, who spend a great deal of time on the road. The following tips are from the FMCSA on how to avoid driver fatigue and are designed for truck drivers, but any driver can use these tips to help prevent traffic accidents.

Know the signs of drowsiness. Frequent yawning, heavy eyes, and blurred vision all indicate you’re getting drowsy, even if you don’t feel particularly tired. If you start to notice these symptoms, pull over. Being awake for 18 hours straight puts you at the same risk for a crash as someone whose blood alcohol content (BAC) is 0.08, according to the FMCSA.

Get enough sleep. The human body is naturally drowsy between midnight and 6 a.m. and between 2 p.m. and 4 p.m., reports the FMCSA, so it’s wise not to drive at these times. Instead, use this time to make sure you’re getting an adequate amount of sleep. If you find yourself getting sleepy while driving, pull over in a safe place and rest.

Maintain a healthy diet. Not eating can cause fatigue and dizziness or lightheadedness, while eating irregular meals may interfere with the quality of your sleep.

Take a nap. When you feel sleepy, take a nap if possible. A short nap of at least 10 minutes can help restore energy and alertness. To prevent fatigue from affecting your driving, schedule your naps so you get rest before you feel drowsy.

Avoid medications that cause drowsiness. Cold medication is especially notorious for causing drowsiness that can affect your driving, according to the FMCSA. A recent study showed 17 percent of truck drivers who were in crashes had taken cold medicine before the crash. If you must drive with a cold, the FMCSA recommends avoiding cold medication, as the symptoms of your cold are less likely to interfere with your driving than the cold medicine.

By avoiding fatigue, you can help prevent car accidents. Unfortunately, even the most careful drivers may be involved in an accident with someone who is not being as cautious. When a car accident results in injury or death, an experienced Texas personal injury lawyer can help you understand your legal rights and options.

The National Highway Traffic Safety Administration estimates that as many as 100,000 car accidents each year are caused by driver fatigue. Fatigue can cause a condition known as “road trance.” In road trance, a driver’s alertness and reaction times are slowed. These drivers may not be aware of objects or people in their path until it is too late to prevent a crash.

Driver fatigue has several possible causes. These include poor sleep, lack of exercise, and driving for long periods of time without rest. The Texas Department of Insurance notes that it is possible to stave off driver fatigue before you even get in the car by getting proper sleep before a road trip, eating a light, well-balanced meal, stopping to rest or switching drivers every few hours, and avoiding long trips at night.

You can also prevent fatigue-related accidents in Texas by recognizing the symptoms. Symptoms of driver fatigue include an eye burning sensation, heaviness, or inability to focus; back tension, muscle twitching, or a feeling of heaviness in the muscles; wandering thoughts; and excessive yawning or shallow breathing.

If you start to experience these symptoms, stop for a rest. Get out of the car and walk around, or take a nap of no more than twenty minutes, if possible. Other ways to combat fatigue while driving include keeping the car cool and well-ventilated, changing radio stations frequently, actively looking for road signs, and talking to other people in the car. Try to avoid driving at hours when you would normally be asleep, and never drive under the influence of alcohol or medications that make you drowsy.

Being completely alert and attentive while driving helps curb car accidents in Texas and throughout the nation. Make preventing driver fatigue a habit.

A car accident in Texas can happen at any time. Even if you are driving carefully, other drivers may not be taking the same precautions. The Texas Department of Insurance offers a number of tips for drivers who are involved in car accidents. If a Texas vehicle collision occurs, here’s what you should do:

1. Safely move your car out of the way of traffic as soon as possible. If you can’t move your car or if someone is injured, call 911 immediately. Also call 911 if you are a victim of a hit and run driver. Your insurance company may refuse to pay for damage caused by a hit and run driver unless you report the incident to police.
2. Trade names, addresses, phone numbers, and insurance information with the other driver(s). If there are any witnesses to the accident, trade names and contact information with them as well.
3. If the other driver refuses to give you his or her insurance information, you can request a copy of the police accident report, which should contain this information. If the police did not investigate the accident, you can report the other driver’s refusal to trade insurance information to the police.
4. Contact your insurance company to file a claim as soon as possible. Many insurance companies include a toll-free number for reporting claims on your insurance card. You may also contact your insurance agent, who will be able to contact the insurance company or will tell you how to do so. Cooperate with your insurance company by submitting any required forms, appearing promptly for any required medical examinations, and sending copies of the police accident report to your insurance company.
5. If you develop symptoms of injury, such as neck or back pain, do not ignore them. Seek medical help. These symptoms may not appear immediately after the accident, but may take a few days to show up.

While these suggestions as to what you can do after an auto accident should be helpful, everyone is responsible for their own actions after a collision. Make the right choices and be safe!

On any given day, a car-train crash is far less likely than a multiple-car accident.

Yet a car collision with a train can cause far more severe injuries, and it can easily result in death.

If your car stalls or stops on the train tracks, get out immediately. If a train is coming, turn to face it, and then walk at a 45-degree angle away from the train and your vehicle in order to be out of the way of flying debris. Call the railroad’s emergency phone number or 911 and tell them there is a car stalled on the tracks and you need help. The railroad’s phone number and the Department of Transportation number for the crossing should be posted on one of the crossing signs or on railroad equipment.

To protect yourself and your passengers, practice these railroad crossing safety tips, courtesy of the Federal Railroad Administration:

• Approach the train crossing with care. Use your brake lights and hazard lights to warn those behind you that you are slowing down, and stop 15 to 50 feet from the closest rail.
• Stop, look, and listen. Roll down your windows and turn off the car radio. Move your head and body as necessary so you can see around any obstacles, like crossing signs.
• Keep looking and listening as you cross the train tracks. Use the highest gear that you can, but do not shift gears while on the tracks.
• Once you have started crossing the tracks, do not stop, even if the lights begin to flash or the crossbars come down.

Even the most careful drivers may be involved in a car accident or train accident. When an accident occurs, Texas residents have certain legal rights and options. An experienced Texas train accident attorney can help those injured in an accident find the answers and compensation they need in order to move forward with their lives.

A 26-year-old man from Red Oak lost his life in a car accident on the North Central Expressway on New Year’s Eve, according to a report released by The Dallas Morning News.

The driver was approaching Southwestern Boulevard when he attempted to change lanes and lost control of his pickup truck and collided with a nearby car carrying two passengers. Both the car and the pickup truck struck the Expressway’s retaining walls.

The driver, who was not wearing a seatbelt, was partially thrown from his pickup. Paramedics were unable to save his life, and he died at the scene, according to police. The passengers in the other car involved in the accident, along with a passenger in the pickup truck, suffered injuries in the Texas car crash and were taken to Baylor University Medical Center.

Car accidents are an unfortunate fact of life for most drivers. According to the Safe Car Guide, car crashes are responsible for a staggering 94 percent of transportation-related deaths and 99 percent of transportation-related injuries. The World Health Organization estimates that, for every person who dies in a car accident each year worldwide, 13 people are hospitalized for car accident injuries.

Although you can reduce your risk of an accident by driving carefully and using safety belts, you cannot always predict or control the behavior of other drivers on the road. Texas law gives its motorists certain legal rights and options after an accident. If you’re injured or lose a loved one in a car, truck, or motorcycle accident, an experienced Texas personal injury attorney can help you learn what your rights and options are and help you take the next step after a car crash in Texas.

The number of dormitory fires in the United States has steadily increased each year since 1980, according to the National Fire Protection Association. In 2006, 4,290 fires were reported in dormitories, student housing, and fraternity and sorority houses. Over three-quarters of dorm fires are started by someone cooking, whether over a stove or by using a hot plate, toaster, or other appliance.

In order to protect yourself or your loved ones from dormitory fires, the National Fire Protection Association recommends several steps you can take before moving in for the semester. For instance, a dorm or house should have a sprinkler system in each room, as well as a smoke alarm. For the best protection, the smoke alarms should be connected so that every alarm will sound if one of them detects a fire. An exit and escape plan is also invaluable.

Since so many dorm fires are the result of cooking, extra care when preparing food is highly important in preventing fires. Cook only in permitted areas, and never leave a cooking meal unattended. Follow the building’s rules about which appliances are permitted and which are prohibited, and never try to cook when under the influence of drugs or alcohol.

Unfortunately, even the best fire safety precautions may fail. An appliance with a hidden defect may malfunction and start a fire, or another person’s carelessness or negligence may cause flames to get out of hand. If the college, landlord, or housing supervisor has not adequately prepared for fires and allowed for proper escape routes, tragedy can result. After a fire, it is wise to discuss your legal rights and options with an experienced Texas injury lawyer.

A collision with a Dallas/Fort Worth International Airport shuttle bus claimed the life of a Houston-area man recently, according to an article published in The Dallas Morning News. The crash occurred on December 8 at about 4:30 a.m.

The 47-year-old man, who was a resident of The Woodlands near Houston, was driving across the flyover bridge connecting Terminal E to the rest of the airport when his car crashed into the rear end of an airport shuttle bus. The driver suffered critical injuries in the accident and was taken to Parkland Memorial Hospital, but his injuries proved to be fatal.

The shuttle bus was carrying airport employees at the time. No one on the shuttle bus was injured, according to an airport spokesperson. The flyover bridge was shut down and traffic to Terminal E was rerouted while rescue workers removed the injured man and cleaned up after the crash.

The shuttle bus crash is not the first accident to occur at the Dallas/Fort Worth International Airport this year. In June of this year, a driver struck the protective barrier near one of the toll booths at a high rate of speed, launching her car over the toll booth. Thankfully, that driver survived the accident with only minor injuries.

Texas bus accidents may result from any combination of factors. Often, no matter how carefully we drive, a bus crash can occur because not all motorists on the road are taking the same amount of caution and care when they drive. Texas law provides certain legal rights and options for the victims of bus accidents and their families. An experienced Dallas bus accident lawyer can help you learn about your legal rights and options and choose the next step as you begin the process of recovery.

Winter weather can drastically change driving conditions, surprising motorists and increasing the rate of car accidents. The Texas Department of Transportation recently released a list of safe winter driving tips to help Texas motorists avoid collisions this winter. You can decrease your risk of a winter car accident by practicing the following safety measures:

• Before you go out, check the local road conditions on the news or online to see what conditions you will encounter.
• Clean any snow or ice off your car before you drive. Make sure all your lights are cleared of ice or snow so that other motorists can clearly see you.
• Leave extra room between your vehicle and the one in front of you.
• Accelerate and brake slowly, paying attention to how much traction you have.
• Bridges, shaded spots, and overpasses may have ice even if the roadway is clear, so approach these areas with care.
• Use non-freezing windshield wiper fluid, as well as snow tires or chains if needed.

If you find yourself stranded during the winter, the Texas Department of Public Safety has a toll-free hotline you can call for roadside assistance. The number is 800-525-5555.

Driving safely in winter weather can add an extra measure of protection when you’re traveling with your family. Unfortunately, other motorists may not take the same precautions, or you may be surprised by unexpected road conditions. When a car accident occurs, Texas law gives you certain legal rights and options, particularly if you or a loved one was injured in the crash. If you are involved in a car collision in Texas this winter, consider talking to an experienced Texas car accident lawyer who can help you decide which steps to take.

The holidays are a prime time for fires, according to the U.S. Fire Administration. Christmas trees, wrapping paper, cozy fires and candles, and other holiday trimmings can increase your risk of a fire in your home or business. Every year, approximately 430 homes are burned by fires started by holiday decorations, including Christmas trees and strings of lights.

To avoid the tragedy of a fire ruining your holiday season, follow these safety tips:

• Water your Christmas tree. If you choose a real tree, keeping it well-watered helps prevent fire, because the moisture-saturated branches are resistant to catching fire. A dry tree will catch fire easily.
• Inspect holiday lights. The lights you use should not have any frayed wires, bare spots, broken or cracked sockets, or gaps in the insulation, and they should not be tangled or kinked. If your lights have any of these faults, it’s time to buy new ones.
• Check holiday decorations to ensure they are nonflammable or fire-retardant, meaning they will not catch fire easily. Double-check an artificial Christmas tree to ensure it is made of flame-retardant material.
• Never put wrapping paper in the fireplace. It can create large flames, as well as sparks or embers that may burn people or objects sitting close to the fire. Wrapping paper may also start a chimney fire.
• Use candles sparingly and never leave a candle unattended. Never put candles on a Christmas tree or wreath.
• Make sure you have working smoke alarms and fire extinguishers handy in case a fire starts.

Fires started by a defective product or someone’s negligence or carelessness can quickly ruin your holiday season and cause serious burn injuries. If you or a loved one has been injured by the negligence of another or by a defective product, an experienced Texas personal injury lawyer can fight for the compensation you deserve while you heal and enjoy your holidays.