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https://www.texasinjurylawyersblog.com/files/2020/05/Screen-Shot-2020-05-04-at-9.59.08-AM-300x298.pngThe law provides that Texas insurance companies owe several duties to their policyholders. These procedural and substantive rules aim to ensure that insurance companies settle claims fairly and promptly. Insurance companies that fail to abide by these standards may be liable under Texas’ insurance bad faith and breach of contract laws.

While insurance companies are subject to significant oversight, many companies continue to engage in questionable practices that can adversely affect policyholders. Insurance companies typically maintain a team of experienced attorneys to defend their practices, which often leaves policyholders in a daunting and precarious financial position. Policyholders who face difficulties settling a claim with their Texas insurance company should contact an attorney to discuss their rights and remedies.

Under Texas law, policyholders pursuing a common law bad faith claim must establish their insurance company improperly denied a lawful claim. These causes of action usually stem from misrepresenting a policy, failing to settle in good faith, failing to explain a denial, failing to clarify coverage, and refusing to settle a claim without a reasonable investigation. The most common insurance business practices that lead to these claims are, claim undervaluation, delaying claims or payments, canceling or changing terms of a contract, requesting unnecessary information, alleging fraud without justification.

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pexels-pavel-danilyuk-6754163-300x200May 3 ,2021:  On Wednesday, April 28, Troopers responded to a two-vehicle fatal crash near Tyler.  The crash happened on SH-110 South at Meador Cemetery Rd. south of Tyler’s City limits in Smith County.

Violet Louise Wright,  59, of Bullard, the driver of a Honda Accord, had stopped on Meador Cemetery Rd attempting to enter SH-110 South. The driver of a Volkswagen Jetta, Jessica Karen King, 20, of Lindale was traveling northbound on SH-110 South. It was at this intersection that Wright failed to yield the right of way, entering onto SH-110 South, King hit the Honda that had pulled out into the traffic lane.

Wright was transported to UT Health–Tyler, where she was pronounced dead. King, the driver who struck Wright’s vehicle was transported to UT Health-Tyler in stable condition.

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April 27, 2021, Houston, TX –  On the evening of Friday April 16th a Tesla Model S crashed and burst into flames after hitting a tree in the Carlton Woods subdivision in the Woodlands.  The Tesla, traveling at high speed, failed to negotiate a bend and came off the road on Hammock Dunes Place, a residential street in the upscale Houston suburb. 

Harris County Precinct 4 Constable Mark Herman said that the investigation showed “no one was driving” the fully electric 2019 Tesla Model S when the accident happened. There was a person in the passenger seat of the front of the car and in the rear passenger seat of the car. One of the men was identified as Dr. William Varner, a member of the Memorial Hermann medical system. The second victim of the Tesla crash was named as 69-year-old engineer Everett Talbot.  The accident has made national headlines because local officials investigating the incident say there was no one driving the vehicle. 

Federal investigators with the National Highway Transportation Safety Administration and National Transportation Safety Board are among those now looking into the deadly accident that killed both men.

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https://www.texasinjurylawyersblog.com/files/2021/04/Screen-Shot-2021-04-27-at-2.37.08-PM.pngSelf-driving, or autonomous cars, are revolutionizing the way the public looks at travel and car ownership. These vehicles turn active drivers into passive passengers, allowing motorists to rely on the car’s advanced computerized system to navigate the roads and avoid collisions. However, these cars may result in a serious Texas car accident, as the new technology is still being refined.

Autonomous vehicles rely on complex computer systems, sensors, actuators, and various algorithms to operate on the roads without an active driver. In theory, these cars provide a glimpse into a more environmentally friendly and safer future for road users. However, as it is, these features often present more dangers than benefits.

For example, recently, a national news report described a fatal Tesla crash involving a driverless vehicle. According to reports, the vehicle did not have a driver and was operating on high or full automation mode. As such, one of the occupants was in the front passenger seat, and the other occupants were in the back seat. The car was speeding along a dangerous curve when it slammed into a tree. Emergency responders used over 30,000 gallons of water to put out the massive fire that the collision sparked. Tesla did not respond to this incident but previously stated that their vehicles are intended to be used with an attentive driver who has their hands on the steering wheel. However, safety officials argue that the company does not do enough to deter drivers from depending too much on the vehicle’s features.

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pexels-gustavo-fring-3985170-300x200Vaccines are one of the most effective ways to prevent the spread of infectious diseases throughout the world. The overwhelming majority of people who receive vaccines do not experience serious problems, and the benefits greatly outweigh the threat of risk. However, similar to the risks associated with natural supplements and other pharmaceuticals, some vaccine recipients may suffer adverse reactions. Depending on the nature and circumstance of the injury, victims may file a Texas medical malpractice or pharmaceutical error lawsuit. Further, the National Vaccine Injury Compensation Program (VICP) provides compensation to individuals who have suffered injuries from certain vaccines.

Nearly 40 years ago, in response to growing lawsuits against medical providers and pharmaceutical companies, the federal government created the VICP. The creation followed a slew of lawsuits stemming from some parents’ beliefs that certain vaccines resulted in injuries to their children. Many companies halted the production of vaccines because of the onslaught of lawsuits. The vaccine shortage posed a serious threat to the nation’s health. As such, the VICP fund works to compensate those who suffer injuries because of a reaction to a childhood vaccine.

The VICP only covers certain vaccines such as those that prevent diphtheria, tetanus, pertussis, Hepatitis A, Hepatitis B, human papillomavirus, influenza, measles, mumps, rubella, polio, rotavirus, and varicella. If a Texas injury victim or their loved ones believe that they suffered a vaccine error, they should contact an attorney to file a petition through the VICP. Currently, the program does not cover the COVID-19 vaccine; however, some sources have reported that Johnson & Johnson’s COVID-19 vaccinations may result in a rare clotting condition. Federal officials have halted the use of the pharmaceutical company’s vaccine to determine, what if any, the vaccine plays in the clotting condition. In many cases, a person’s reaction to a medication or vaccine is not because of a defect in the vaccine or medication but rather an allergic reaction that a medical provider missed.

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https://www.texasinjurylawyersblog.com/files/2021/04/Screen-Shot-2021-04-19-at-3.42.14-PM.pngApril 2021:  Playa del Carmen, Q.R. Mexico— A criminal investigation into the death of a 13-year-old boy at an Xcaret water park has been opened.  In a press release, the Attorney General of the Mexican state made the announcement after it was notified of the death of the child via a private hospital.

According to the Attorney General, staff from the hospital reported the drowning death of Leonardo Luna-Calvo, 13.  In their official news release, Attorney General of Quintana Roo said, “the rule of law in Quintana Roo is firm and there will be no privileges for any group or person who intends to omit the responsibility that corresponds by law.”

National Water Safety expert Jesse Guerra, Attorney Of Counsel to Carabin Shaw Law Firm said,” Waterpark management needs to inspect what they expect from employees responsible for Public Safety at their facility on a daily basis.  Tragic situations like this are preventable if safety measures are strictly followed.”

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collection-of-construction-safety-helmet-38070-300x197The Supreme Court of Texas recently issued an opinion in a case involving a property owner’s liability for injuries an employee contractor sustained while working on the property. The case arose when the two construction workers suffered injuries while working on a condominium project owned by the defendant. The defendant hired an individual instead of a general contractor to manage the project. A high-voltage power line hung behind the property, and the defendants told the project manager about the line because it was “too close” to the building. The project manager advised the plaintiffs to begin the project even though the power line was still intact. While working on the project, electricity shot down the rebar, and the power line snapped, causing the workers to suffer burns and other serious injuries.

The workers filed a negligence lawsuit against the power company and the defendants. The trial court entered a judgment per a jury finding that the property owner was liable under ordinary-negligence and premises-liability theories.

The defendant appealed, arguing that the employee’s evidence was not legally sufficient under Chapter 95. In response, the plaintiffs argued that the Chapter does not apply, the defendant waived some arguments, and the evidence was legally sufficient. Amongst several issues, the defendant argued that they could not be held liable because the danger was open and obvious. Under Texas law, a danger is open and obvious when the invitee possesses “knowledge and full appreciation” of the hazard’s extent and nature. Typically, when the danger is open and obvious, the property owner does not maintain a duty to warn of the danger or make the premises safe. Inquiries regarding whether a danger is open and obvious are not subjective but rather what a reasonably prudent person would have known. Courts will look to the totality of the “particular circumstances.”

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car-crash-cartoon-pictures-19-300x210Texas car accidents range in severity, and individuals may exhibit significant differences in their responses to these potentially traumatic events. The magnitude of an accident may not become evident until some time after the incident; thus, Texas accident victims must take steps to address their injuries and preserve their recovery rights. Although it is unreasonable to expect motorists to fully prepare for another driver’s negligence, there are specific preparations motorists can take in the event of these unanticipated situations.

Motorists should ensure that their cars are in proper working order and keep their insurance and registration information easily accessible in their vehicles. Although many people do not find the need for pens and paper as they once did, it is advisable to keep these supplies handy to jot down and exchange information quickly.

After an accident, adrenaline and emotions are often running high, and the full extent of damages and injuries may not be readily apparent. Those involved in a Texas accident should err on the side of receiving medical treatment after an accident. While immediate transportation to a hospital may not be necessary, accident victims should consult with their primary physician or urgent care after an accident. Drivers should also check on their passengers and other people involved in the incident.

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pexels-pixabay-263402-300x199Saturday, March 27, 2021, Mineloa, TX:  Two people died after the back tire separated from a vehicle and caused a rollover crash on Saturday in Wood County.  The driver of an SUV, Robert Guy Marino of Tyler, was pronounced deceased Monday morning.  The passenger, Cathy Marks, 64 also of Tyler died at the scene Saturday.

According to DPS, the driver of a Ford Explorer was traveling north on US 69 at around 1:20 p.m. Saturday when a back left tire came off the vehicle, causing the driver to loose control.   The Explorer traveled off the road into the eastbound ditch where is rolled over.  The driver, Marino, was not wearing a seatbelt and was transported to UT Health Tyler in serious condition where he later died.

DPS said the crash is still under investigation.

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https://www.texasinjurylawyersblog.com/files/2021/03/Screen-Shot-2021-04-01-at-11.07.48-AM-300x284.pngDuring the course of the COVID-19 global pandemic, tens of millions of people across the country experienced moving their work lives, but also their active lives, into their homes and away from typical common spaces such as gyms or exercise studios. As people began both working and attempting to stay active during quarantine and to practice social distancing, demand for at-home exercise options and equipment has been on the rise. But even at home, could these equipment options pose risks to you and your family? Those injured due to a dangerous piece of exercise equipment may be able to pursue a Texas product liability claim against the manufacturer.

According to a recent news article, an accident involving a Peloton treadmill has left a child dead. Although Peloton’s exercise equipment is wildly popular, their products are no exception when it comes to accidents involving children. The CEO of the company recently acknowledged the issue and claimed that the accidents have been confined to only a “small handful of incidents.” To prevent further accidents from taking place, the company is urging Peloton users to adhere to safety warnings, such as keeping exercise equipment in a separate area away from children and storing safety keys away when the equipment is not being used.

Based on a 2020 study from The American Journal of Emergency Medicine, most at-home treadmill injuries take place involving children under 16. In light of the COVID-19 global pandemic, there has been an increase in the number of people purchasing exercise equipment for their homes, but also with children home from school with remote learning. As a result, the risk of an injury involving children and exercise equipment may be amplified because of current conditions involving the pandemic. Common injuries involving treadmills, the study found, usually involve damage to the fingers and hands, such as friction burns.

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