Recent Blog Posts
Traumatic Brain Injury: Michigan Lineman Walks Away from Football
Starting center Jack Miller will not be lining up for the Wolverines, or anyone else, this coming fall. The 21-year-old senior from Perrysville, Ohio announced that he was leaving the sport due to brain injury fears.
Mr. Miller stated that he had one concussion in high school and as many as three more in 22 games, and 16 starts, at Michigan. He admitted that an incident last September, when team officials allowed quarterback Shane Morris to continue playing after he suffered an apparent concussion, had some bearing on his decision. Mr. Miller said that “this concussion thing” frightened him, adding that he was unsure whether or not he would allow a future son to play football. Mr. Miller was a three-year letterman who won the Hugh R. Rader Memorial Award as the team’s top offensive lineman following the 2014 season.
Distracted Driving: Many Teen Drivers Do Not Watch the Road
Distracted driving may be a much more significant element in the roughly one million car crashes per year involving teenage drivers than was previously believed. An American Automobile Association (AAA) study found that distracted driving is a factor in 58 percent of these collisions. Researchers examined nearly 7,000 video feeds from dash-mounted cameras which provided both a view out the windshield and a look at the driver. Nearly 1,700 videos involved a collision or a near-collision. Talking or messaging on a cellphone and speaking with a passenger were the two most common distractions. Other drivers were distracted by objects in the car, sights outside the car, singing or moving to music, reaching for an object inside the car, and grooming. AAA Foundation for Traffic Safety CEO Peter Kissinger claimed that the study provided “indisputable evidence that teen drivers are distracted in a much greater percentage of crashes than we previously realized.” Some time ago, the National Highway Transportation Safety Administration pegged the crash contribution figure at 14 percent.
Sudden Emergency Doctrine: Serious Truck-SUV Collision Raises Fault Questions
A teenager is dead after her car was rear-ended on the North Side, and although liability seems fairly clear, a jury may be asked to decide who was at fault for this car crash. According to the San Antonio Police Department, a Mitsubishi SUV pulled to a stop in the left lane of westbound Interstate 10 near Wurzbach Road after one of its tires blew out. On that stretch of highway, the left shoulder is not wide enough for a vehicle. A Ford F-150 apparently did not see the Mitsubishi and slammed into it from behind. A 19-year-old woman was in the Mitsubishi’s front passenger seat, and although she was rushed to University Hospital in critical condition, she was later pronounced dead.
The Mitsubishi’s driver was also injured, but that person is expected to survive. The collision occurred at about 4:00 on a Sunday afternoon.
Defective Product Accidents: Six People Injured after Tire Blowout
Four children were among the hurt in an East Side accident that may have involved a defective tire. Police state that six people were in the car when the driver lost control near the intersection of Northwest Loop 410 and Dietrich, apparently due to a blowout. All six occupants, including the mother father, and four children, ages 4, 6, 7, and 9, were transported to a local hospital following the rollover accident. Two of the more seriously-injured children were airlifted to University Hospital. One child stopped breathing at the scene, but first responders were able to revive this victim. All the injured people are expected to survive.
Defective Products
Around 7 percent of all personal injury cases in the United States involve a defective product, on one level or another. Sometimes, as in the above incident, the defective product is the sole cause of the plaintiff’s damages. The item may be a contributing factor in other cases; for example, a car’s tire may explode and the vehicle may slip on wet pavement. Although manufacturers have a legal duty to design and sell products that are safe for consumers, thousands of defective products are sold every day. Typically, injured victims may recover damages from the manufacturer if their injury was due to a:
Dram Shop Laws: Alcohol-Related Crash Raises Liability Questions
One woman is dead and two other people are in the hospital following a wrong-way collision on the South Side, and attorneys may soon be asking when and how the responsible driver became intoxicated.
Authorities state that the crash occurred near the intersection of South Presa Street and East Southcross Boulevard, when a southbound Dodge Ram pickup crossed the center line and smashed into a northbound Buick LeSabre. All three passengers inside the LeSabre – a 38-year-old woman, 1-year-old child, and a third unidentified victim – were rushed to local hospitals. The 38-year-old woman succumbed to her injuries and died on the operating table.
The pickup driver fled the scene on foot, but a witness brought him back to the accident scene. Authorities determined the man to be intoxicated, and charged him with DWI and failure to stop and render aid.
High Court Upholds Exclusive Remedy Doctrine
The Texas Supreme Court recently upheld the exclusive remedy doctrine by declaring that injured workers cannot sue insurance companies for egregious bad faith practices. This latest ruling not only reaffirms an earlier 1989 case; it also substantially extended the prior law, so victims no longer have any legal recourse even if the insurance company is guilty of malicious prosecution and misrepresentation. In Re Crawford stemmed from an Amarillo smelter explosion in 1998. The victim in this case suffered second- and third-degree burns on his neck, face, upper body, arms, and legs. His left arm was amputated and his right arm was permanently disfigured. As part of his ongoing rehabilitation, the man exercised for a couple of hours a day at a local gym. Investigators noticed that there were no electronic records of his attendance, so the state prosecuted him for workers’ compensation fraud. Gym personnel later testified that the man was unable to remove the swipe card from his wallet, so they opened the door for him. In a subsequent lawsuit, the man claimed that the company continually denied him benefits, in addition to prosecuting him maliciously. In a unanimous, unsigned opinion, the Texas Supreme Court ruled that “that the Division of Workers’ Compensation has exclusive jurisdiction over the [family’s] claims and the Workers’ Compensation Act provides their exclusive remedies.” In other words, injured workers can almost never pursue a tort action in civil court to obtain compensation for their non-economic injuries. Workers’ Compensation System These laws first appeared at the turn of the 20th century in the industrial Midwest. In exchange for no-fault insurance to cover workplace injuries, employees agreed to give up their right to sue in court for damages. But, mainly because of recent reforms that have chiseled away at benefits, there is some indication that this so-called “grand bargain” may be breaking down. If you were injured on the job, it is more important than ever to partner with an experienced lawyer, because the insurance company has the legal tools, and the financial incentive, to deny your claim. Workers’ compensation insurance in Texas still provides cash benefits for injuries due to:
Texas Mulls Cell Phone Ban
Should The Lone Star State join 44 other jurisdictions, and pass a law banning, or at least restricting, cell phone use while driving? One West Texas state representative hopes that the third time is the charm for a law that addresses a major cause of car crashes.
Now in his thirtieth year, Midland Republican Tom Craddick is the longest-serving member of the Texas House of Representatives. He was on the floor when the state passed its first seat belt law in 1985. Over the past several years, Rep. Craddick has shown a renewed interest in auto safety laws.
House Bill 80, which would ban talking or texting with a hand-held device while driving, is now pending for the third time. In 2011, then-Governor Rick Perry vetoed the measure. In a statement, he said that he agreed with the spirit of the law but considered it an unnecessary government intrusion into private lives. In 2013, H.B. 80 died in a Senate committee, probably for similar reasons. However, there has been some political turnover recently, so H.B. 80 supporters are optimistic.
Speeding Kills: RIP Ariel Camacho
An increasing number of medical professionals and media outlets no longer use the term “accident” when describing or referring to a vehicle collision, because most of the time, these incidents are not “accidents” at all. A recent tragedy in Mexico serves as a sobering reminder. A 22-year-old grupera singer was killed when his speeding car skidded off the road and into a ditch after a concert in Sinaloa.
Details are sketchy, but it appears that Mr. Camacho was in the car with three other people. Some sources indicate that other occupants were killed as well, while others relate that they were hospitalized in critical condition. Reportedly, the car itself was totally destroyed.
Mr. Camacho had just performed “El Karma” at a Clave Azul concert in Mocorito. He and his band, Los Plebes del Rancho, were scheduled to play several concerts in Southern California over the next few weeks. Their songs often reflect the culture of Mr. Camacho’s native Sinaloa, which is the home of one of Mexico’s largest drug cartels.
Reckless High-Speed Police Chase in Central Texas
Statistically, 150 innocent bystanders a year die in reckless high-speed police chases. Since the National Highway Transportation Safety Administration relies on voluntary reporting to compile the number, the actual casualty figure may be quite a bit higher, since police officers are often reluctant to “tattle” on fellow employees. Over 90 percent of these chases are for non-violent crimes; in fact, over 40 percent are over a traffic ticket.
Recently, there was an extremely reckless high speed police chase just a few miles north of here. A Waco man died after a high-speed police chase ended with a one-sided shootout alongside Interstate 35 near Hewitt.
Waco police state that they staked out the residence of a suspect in several area convenience store robberies. When the man returned to his East Waco residence one day shortly after noon, he spotted officers and fled the scene in a green Ford Expedition. He led officers onto southbound Interstate 35 at speeds exceeding 80 mph. The man eventually ran his vehicle into a ditch when officers attempted to puncture his tires. Officers then converged on the disabled vehicle and fired an “undisclosed” number of times. The man was pronounced dead at the scene.
A Brief Guide to Nursing Home Negligence in Texas
When people enter a nursing home, they expect fair treatment and responsible care. Unfortunately, the negligent or reckless behavior of nursing home staff can lead to injuries, illness, and extreme discomfort. However, there are laws that protect the rights of nursing home negligence victims.
Nursing home negligence cases can be difficult to win. Usually, the plaintiff must prove that an employee within the facility acted negligently, and that action directly led to an injury. In some cases, proving that a worker failed to take reasonable steps to ensure patient safety is enough to win a negligence lawsuit.
Of course, these cases can quickly become complex and difficult to prove. The nursing home is not likely to help you gather evidence. This is why the guidance of an experienced attorney may prove invaluable.
What to Do When You Suspect Nursing Home Negligence
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