Posted on May 13, 2016 in Uncategorized

In most negligence matters, including car crashes, and landowner liability, the plaintiff must prove duty, breach, cause in fact, proximate cause, and damages. In some instances, however, a legal shortcut may be available.

Alcohol-related crashes are a good example. Impairment begins with only one drink, in most cases. Such impairment violates the duty of care and, if that breach causes injury, the defendant is liable for damages. But if the defendant had a BAC of .08 or above, a case in civil court might be easier to prove.

Negligence Per Se

Some conduct is negligent not because the defendant breached a legal duty, but because the defendant violated a criminal statute. The elements of negligence per se (negligence “as such”) are:

• Legal Violation: A law does not necessarily have to be a criminal law that may lead to incarceration; traffic tickets and code violations may also qualify as negligence per se in Texas, so long as they carry a penalty.

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 Posted on May 11, 2016 in Uncategorized

As the sharing economy continues to expand, employment and personal injury law sometimes have a hard time keeping up.

Uber has been in and out of court over the last several months, dealing with labor organization issues, as well as compensation and employee benefits. Lyft recently settled a major lawsuit over whether its drivers should be considered employees or independent contractors, for tax and labor law purposes. And Airbnb, the real estate sharing service, finds itself increasingly at odds with various cities which accuse users of trying to circumvent the hotel tax.

Despite these controversies, given the financial success of these former startups, it is only a matter of time before additional companies try to get a piece of the pie.

Third-Party Liability

If a snowbird is injured at an Airbnb rental in Alamo Heights, who is legally responsible for the plaintiff’s injuries? Likewise, if an Uber or Lyft driver causes a car wreck on Interstate 10 that injures a passenger, is the company liable for damages?

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 Posted on May 06, 2016 in Uncategorized

An area man faces serious charges after he was allegedly intoxicated while traveling on the wrong side of the road just before smashing into an oncoming vehicle.

The wreck took place near the intersection of West Military and Chinook. A male driver of a compact car collided head-on with another car. Three people – the male driver and the two occupants of the other vehicle – were all rushed to an area hospital. One victim, a 50-year-old woman, was subsequently pronounced dead. Police are unsure how long the male driver, who was described as “heavily intoxicated,” had been driving on the wrong side of the road.

The driver is currently facing one count of intoxication manslaughter along with one count of intoxication assault, and the charges could be upgraded later.

Alcohol Impairment

As little as one drink makes it dangerous to drive. Even low alcohol levels impair both judgment and motor skills. Alcohol is a depressant that makes it difficult to concentrate or multitask, and the reduced brain processing speed also reduces reaction time and muscular control. There are emotional effects as well, such as a feeling of euphoria and heightened responses (sad things become even sadder, and so forth).

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 Posted on May 04, 2016 in Uncategorized

At least three people were hospitalized following a head-on crash in a busy part of town.

The wreck took place on Culebra Road outside Loop 410. According to police and witnesses, a woman in a red car, who may have been speeding, veered into oncoming traffic and collided head-on with an SUV on the other side. The SUV then careened into a third vehicle. All three divers were rushed to nearby hospitals. Two children were also involved in the crash, but the extent of their injuries was unclear.

The woman indicated that she lost control of her vehicle just before the initial crash.

Breach in a Negligence Case

Speed is a factor in almost a third of fatal car crashes in the United States, costing an estimated $40 billion a year and killing over 14,000 people. Speed is dangerous on several levels:

• Force: The faster an object is moving, the more force it accumulates. So, speed often transforms “fender bender” crashes into serious and fatal wrecks. Speed also transforms loose objects in vehicles, like cell phones, into fast-moving projectiles that cause serious injury.

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 Posted on April 29, 2016 in Uncategorized

As the North American Free Trade Agreement is now well into its second decade, there are more and more large trucks pouring across the border and into South Central Texas on I-35. In fact, the traffic is so heavy that, last year, officials had to open a new rail link to accommodate some of the freight.

The West Rail Project took fifteen years and $120 million to build, but officials say it was money and time well spent. According to the U.S. Commerce Department, the border sees about $1.5 billion in goods pass through either side on any given day, and the road network simply cannot handle all that traffic. More traffic also means more new drivers, many of whom are unfamiliar with the San Antonio area.

The product of all these things – more traffic, new drivers, and unfamiliar locations – is more large truck crashes, and these events present unique legal problems.

Truck Wreck Injuries

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 Posted on April 27, 2016 in Uncategorized

Most people move between May and September, and with the moving season upon us, there will be more U-Haul, Ryder, and other rented large trucks on area roadways. As a general rule, these vehicles are unwieldy and difficult to drive, particularly for drivers with little or no experience in handling these trucks and who are unfamiliar with the area.

Traditional third-party liability theory does not apply in this area, thanks to an obscure federal law on the subject. However, in many cases, the vehicle’s owner or agent (normally a franchisee) may be liable for damages in a truck crash case.

The Graves Amendment

In the early 2000s, a large car rental company ceased operations in several states after a Connecticut jury ordered it to pay a huge sum of damages in a case that involved a fatal rear-end collision and a rented vehicle. The jury concluded that the vehicle rental company was negligent for renting the vehicle to a driver that it should have known was dangerous.

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 Posted on April 22, 2016 in Uncategorized

One of the first major animal attacks of the year occurred at a North Side grade school.

A pit bull and Chihuahua found a gap in a newly-erected fence and entered the school yard while children were at recess. The dogs went on a rampage, biting three children and scratching another one. According to a district spokesperson, some of the children were “walking up and down playing with the dogs on the other side of the fence,” and subsequently “the dogs came into the playground.” Animal Care Services picked up the dogs, and placed them into quarantine.

At least one victim’s family filed a case with ACS. School officials say that the fence was immediately repaired.

Dog Bites

Every day, 1,000 people are hospitalized following animal attacks. The medical bills associated with these stays are significantly higher than other injury-related stays, mostly due to the age of the victims and the serious nature of the injuries. Most dog bite victims are children, and they suffer injuries such as:

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 Posted on April 20, 2016 in Uncategorized

After having played 10 years and never missing a game or practice, the New York Jets’ star left tackle is hanging up his cleats, largely due to the fear of brain injury.

D’Brickashaw Ferguson, who as a youngster was told that he could never play contact sports after undergoing open heart surgery at age 9, never even appeared on the team’s injury list during his playing career. The former Freeport High School (Long Island) and University of Virginia standout became a Jet with the fourth overall pick in 2006. Last year, Mr. Ferguson said he felt “betrayed” by the National Football League over its handling of the link between professional football and chronic traumatic encephalopathy (CTE); he said that his declining skills and the possibility of a pay cut also loomed large in his decision.

A teammate praised Mr. Ferguson, who went to four Pro Bowls, by saying he was “the most authentic person I know. I love him. His loyalty, how he treats others, goes beyond football.”

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 Posted on April 15, 2016 in Uncategorized

Investigators have not yet assigned fault in a serious car crash on the Far Northwest Side that killed a vehicle passenger.

The wreck took place near the intersection of Braun Road and Wildhorse in Helotes. According to police, one vehicle was making an unprotected left turn into a subdivision when it was struck by an oncoming truck, which had a steady green light. A 62-year-old female passenger in the vehicle was killed almost instantly.

Police do not believe that alcohol was a factor.

Multiple Fault in Car Crash Cases

At its core, the duty of reasonable care means that drivers must take steps to avoid car crashes whenever possible, and the last clear chance doctrine is a logical extension of this concept. Last clear chance often applies when, for example, Vehicle A stops short or makes an unsafe lane change and Vehicle B rear-ends Vehicle A.

In these situations, and others like them, the last clear chance doctrine can flip liability, if the otherwise negligent driver had the opportunity to safely avoid a crash, by braking or changing lanes or other actions, but failed to take advantage of this opportunity. It is important to note that the driver must have the last clear chance to avoid the crash, as opposed to the last possible chance.

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 Posted on April 13, 2016 in Uncategorized

An area man faces multiple charges after he was allegedly intoxicated when he slammed his car into a tree and killed two people.

Witnesses and police state that a driver lost control of his silver car as he tried to pull off the exit ramp of Interstate 35 and onto the service road. Apparently, instead of straightening out the car, he continued at an angle and eventually smashed into a large tree. First responders had to use the Jaws of Life to free the trapped driver, who was rushed to a nearby hospital in critical condition. The other two passengers in the vehicle were both declared dead at the scene.

The man was charged with two counts of intoxication manslaughter. Investigators also believe that excessive speed was a factor in the crash.

Alcohol Liability

Alcohol is a factor in about one-third of the fatal car crashes in South Central Texas. Consuming as little as one drink can cause significant driving impairment, specifically by inhibiting motor skills, impairing judgment and impeding the ability to multitask (e.g. some intoxicated drivers cannot simultaneously watch the speedometer and the road).

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