Posted on May 23, 2015 in Uncategorized

Two people are dead after a serious car crash on the North Side, when their car skidded across a median into oncoming traffic. The driver admitted to police that he was under the influence of marijuana at the time.

The 19-year-old man was southbound on U.S. 281 near Sonterra Boulevard when he apparently lost control of his Lexus. The car rumbled across a grassy median and broke through a protective cable before it became airborne and landed into oncoming traffic on the opposite side of 281. The Lexus crashed into a Toyota head-on, and the force of the impact split the Lexus in half.

A 17-year-old man and a 20-year-old man, both passengers in the Lexus, were declared dead at the scene. The two people inside the Toyota were rushed to a local hospital in critical condition, as was the 19-year-old Lexus driver. According to police, the driver will be charged with multiple counts of intoxication assault and intoxication manslaughter.

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 Posted on May 21, 2015 in Uncategorized

Four people have filed suit against both the mayor and the City of San Antonio. What facts do they need to prove in order to win money?

The lawsuit stems from an East Side crash at the intersection of East Houston and North Hackberry. Mayor Ivy Taylor’s SUV was northbound on Hackberry and the other vehicle, a Chrysler convertible, was eastbound on Houston. Both vehicles entered the intersection at about the same time. Witnesses disagree as to subsequent events. Some claim that the SUV had the right-of-way, while at least one insisted that the Mayor’s vehicle entered the intersection against the light.

All three occupants inside the Chrysler were rushed to local hospitals. According to the lawsuit, one of these victims “has suffered permanent brain damage and severe cognitive insults resulting in loss of bodily function.”

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 Posted on May 17, 2015 in Uncategorized

Speed was the leading factor in a serious car crash on the North Side that left one person dead and two others in the hospital.

According to police, a 19-year-old man was traveling southbound in the 14800 block of Nacogdoches Road (Highway 2252) between O’Connor and Judson. As he attempted to pass another car, he accelerated and lost control of his vehicle, eventually winding up on the opposite side of the road. His car was T-boned by a northbound vehicle.

First responders had to use the Jaws of Life to extricate the man from the wreckage, and he was pronounced dead at the scene. Two occupants inside the other vehicle were rushed to a local critical care unit with various injuries, but were expected to survive.

Prove It

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 Posted on May 15, 2015 in Uncategorized

Police are still looking for answers in an East Side collision that involved Mayor Ivy Taylor’s SUV and another passenger vehicle. Gathering evidence is one of the most critical areas of a motor vehicle crash case.

Witnesses gave conflicting accounts of the accident at the intersection of East Houston and North Hackberry in San Antonio. While some stated that the SUV was traveling northbound and the other vehicle, a Chrysler convertible, was moving southbound, others insisted that the opposite was true, so it could not be immediately determined who had the right-of-way.

It is certain that three people were rushed to local hospitals as a result of the collision, but they are expected to survive. The injured included members of the Mayor’s security detail and occupants in the convertible, but not the Mayor herself.

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 Posted on May 08, 2015 in Uncategorized

Employee fraud always seems to make the headlines. Recently, a postal worker claimed that she was unable to “stand, sit, kneel, squat, climb, bend, reach, grasp or lift mail trays” as a result of a workplace injury. She was, however, able to appear on The Price Is Right and spin the “big wheel” twice. However, despite the headlines, employer workers’ compensation fraud is a much more serious problem.

Misclassification

To save money, some companies classify their workers as “independent contractors” instead of employees. The stakes are high. According to one estimate, employers can shave as much as 30 percent off their payroll costs through misclassification.

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 Posted on May 05, 2015 in Uncategorized

A recent study that compared the two most common anti-diabetic drugs produced somewhat mixed results, insofar as birth injuries are concerned.

Researchers at The University of North Carolina followed about 100,000 pregnant women with diabetes. Approximately half received insulin, and the other half received glyburide, which is sold under various trade names, including Glynase, Diabeta, Semi-Daonil, and Micronase Daonil.

Glyburide mothers had higher rates of severe obesity and preeclampsia. Their babies were at a higher risk for NICU admission, respiratory distress, hypoglycemia, preterm birth, and birth injury. Insulin mothers and babies had higher incidence of obstetric trauma, jaundice, and C-sections.

Dr. Richard Hold at The University of Southampton in England concluded that the study “heightens residual concerns about the use of glyburide to treat [gestational diabetes] that need to be resolved before this drug should be recommended for continued use in pregnancy.”

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 Posted on April 28, 2015 in Uncategorized

Due in part to a massive round of tort reform in 2003, the number of lawsuits in The Lone Star State dropped 17 percent between 2005 and 2014.

The decline was even more pronounced in county courts, where most negligence lawsuits are filed. Statewide, county court volume is down 36 percent from 2005. District court volume dipped 11 percent, thanks to increases in suits on account, contract cases, collections actions, and similar business filings.

Specifically in terms of tort cases, while motor vehicle collision actions increased 13 percent in the last ten years, non-motor vehicle tort case filings dropped a stunning 38 percent over the same period. Bryan Blevins, President of the Texas Trial Lawyers Association, opined that a higher population accounted for the higher motor vehicle figure, and that “the number of lawsuits that are being filed is not going up at all.” Mr. Blevins reminisced that when he began practicing in 1993, he routinely handled between 80 and 100 cases at a time. Now, an associate’s caseload might be 30 files.

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 Posted on April 23, 2015 in Uncategorized

The negligent driver may not be the only person responsible for your injuries in a serious car crash. There may be third party liability elements to your claim. If you were hurt in a wreck with a delivery truck, eighteen-wheeler, tour bus, taxicab, or any other commercial vehicle, the negligent driver’s employer may be vicariously liable. Respondeat Superior, or “let the master answer,” can be a very important tool for a plaintiff’s lawyer, especially if the driver was uninsured or underinsured.

The theory behind respondeat superior is that an employee is an agent of an employer, and since the employer controls the time, place, and manner of doing work, the employer should also be responsible for any torts.

Elements of a Claim

Texas courts have consistently held that, in order for respondeat superior to apply, employees must be acting within the course and scope of employment when the accident took place. Specifically, a negligent worker must be acting:

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 Posted on April 21, 2015 in Uncategorized

A Texas-based nursing home company may soon find itself answering for allegedly abusive practices in a New Mexico courtroom. The company operates over 100 assisted living facilities in 12 states. The New Mexico Attorney General’s Office recently filed suit against the organization, alleging that low staffing levels led to abusive practices, including soiled beds and unattended emergency situations, such as falls. According to court documents, the nursing home facilities were deficient by as much as 50 percent on state assessment scores. The state recorded 450 complaints from 2011 to 2014, although only four of them resulted in actual cases. Since 2008, the nursing home company has collected over $236 million in revenue, with about 80 percent of that money coming from Medicare or Medicaid.

Nursing Home Abuse

Reliable statistics are very hard to ascertain, since so many elder abuse situations are unreported. Many seniors fear retaliation if they report abuse, or they do not want a relative or friend to “get into trouble.” About nine million cases a year are reported to authorities, and with the over 65 population set to explode in coming decades, incidents of abuse will almost surely escalate commensurately. Elder abuse can happen anywhere, whether in a care facility or in a private home. Some common examples include:

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 Posted on April 16, 2015 in Uncategorized

A serious collision between a passenger car and a pickup truck completely shut down a major downtown interchange, and authorities speculate that the negligent driver may have been distracted.

When first responders arrived at the scene, the truck driver was trapped inside his vehicle. Firefighters worked feverishly to free him. According to witnesses, the man appeared to be lost. He cut across several lanes before slamming into the back of another car, spinning out, and smashing into a retaining wall.

The driver was immobilized and rushed to a local hospital, but he is expected to survive.

Distracted Driving

Cell phones garner much attention in the ongoing debate over distracted driving laws and privacy rights, because these hand-held devices involve all three forms of distraction: motorists take their eyes off the road, take their hands off the wheel, and take their minds off driving. However, any one element can cause a serious crash.

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