Automobile Accidents

Published on: August 31, 2020

A Fatal Accident Caused by Distracted Driving May Result in a Texas Wrongful Death Claim

pexels-acharaporn-kamornboonyarush-1028742-300x200 We’ve all been distracted while driving at some point while navigating our vehicles. Whether it’s exhaustion from a full day of work causing you to doze off or an urgent phone call out of nowhere from the office, we’ve all had a moment where we’ve zoned out while driving. However, not everyone is fortunate enough to emerge from these situations safe and sound. Often, accidents occur as a result of drifting off or distracted driving, and can have enormous, disastrous impacts. When such accidents occur and tragedy strikes, those who cause them can be held responsible for their actions.

In a recent news report, local authorities say that five people were killed, including three young children, in a major vehicle collision in West Texas. The Texas Department of Safety said that a young individual was driving an SUV when it drifted into a lane and collided with a pickup truck. The SUV driver and the pickup truck driver were both killed as a result of the crash, as well as the three children who were riding as passengers in the SUV. Officials say that the crash is still under investigation and that weather conditions were clear.

In Texas, filing a wrongful death claim can be complex. The state defines that such actions can be brought if someone’s “wrongful act, neglect, carelessness, unskillfulness, or default” results in another person’s death. Additionally, only certain parties may bring a wrongful death claim. For example, in Texas, the children, parents, and surviving spouse of the deceased may file such claims. Any number of qualifying parties can file a claim on their own, or they can choose to file all claims collectively. Adult children may also file wrongful death claims over the death of a parent in Texas. However, the law does not permit siblings to pursue wrongful death claims after the loss of a sister or brother.

Continue reading →

Published on: August 3, 2020

ACCIDENT INJURY REPORT: Woman Charged with Intoxication Assault After Family of 3 Struck by Car in Beaumont Neighborhood in Pedestrian Hit and Run

By Carabin Shaw

July 29, 2020: BEAUMONT, Texas — A 21-year-old Beaumont woman has been charged after police say the car she was driving struck two adults and a child in a west end Beaumont neighborhood Wednesday evening.

Kenlie Davis, 21, of Beaumont, was arrested near the scene and later charged with three counts each of intoxication assault and failure to stop and render aid according to a Thursday news release from the Beaumont Police Department.

When officers arrived on the scene on Oak Trace Drive, they found the three victims in the street suffering from multiple injuries and the vehicle unoccupied in the grass nearby according to the release.

Continue reading →

Published on: March 17, 2020

An Accident is Never Good News –But Help is Available During Stressful Times

By Carabin Shaw

car-crash-cartoon-pictures-19 An accident is always inconvenient, and costly, as well as dangerous. If you’re in an accident, it’s important to first call 911 immediately for anyone who is injured. Your next step? Call Carabin Shaw for a lawyer who is committed to making your bad situation better. And to prevent it from costing you more money and time.

We offer free phone, Facetime or in-person consultations so you can call us from the road or while at home. And for the convenience of our clients, we provide E-documentation options which save you time. We’re able to deliver your case documents straight to your phone. No travel time, parking issues or the added hassle of calling all the separate services for the help you need. We offer you immediate peace of mind by providing you with total accident assistance with one easy quick call to Carabin Shaw.

For your added convenience, we will arrange for a rental car to be delivered right to your front door. When an accident suddenly leaves you struggling with a need for cash, we are here to help arrange emergency cash loans for unforeseen expenses.

Continue reading →

Published on: February 16, 2020

Appellate Court Addresses Bystander Law in Texas Car Accident Case

By Carabin Shaw

administration-agreement-banking-blur-618158 A Texas appeals court recently issued an opinion stemming from injuries that a passenger suffered when a car he was traveling in collided with a trailer parked on the side of the road. According to the court’s opinion, the accident occurred when a young man’s pickup truck with an attached trailer experienced an electrical failure. The young man pulled over onto the side of the road, but could not turn on any of the vehicle’s lights because of the electrical issue.

Another man who was driving his employer’s truck noticed that the young man needed assistance and agreed to jumpstart his pickup truck. The good samaritan drove to the top of a hill and parked in the opposite direction so that the two vehicles’ hoods were face to face. The man did not take out his triangle lights, but he did provide the pickup truck driver with a flashlight as he attempted to jumpstart the car. The pickup truck would not start, so the man decided to tow the pickup truck, and he waited on the side of the road until an oncoming vehicle passed. As he was waiting, the driver veered and slammed into the pickup truck’s trailer, causing the samaritan serious injuries.

The passenger in the vehicle that struck the pick-up truck filed lawsuits against several parties, including the driver of the car he was in, the pickup truck driver, the good samaritan, and his employer. Amongst other issues, he alleged that the good samaritan and his employer were negligent in failing to warn the public of the disabled vehicle.

Continue reading →

Published on: January 3, 2020

Accident Injury Report- Combination Motorcycle Crash/Drunk Driving Incident Kills Man in Pasadena

By Carabin Shaw

Photo Credit: KPRC News

PASADENA, Texas (Jan 3, 2020)– A Motorcycle Crash in Pasadena kills one man and lands another in custody. Police said the crash happened around 3:40 a.m. on Genoa Red Bluff Road between Space Center Boulevard and Red Bluff Road. A speeding motorcyclist heading westbound on Genoa Red Bluff T-boned the passenger side of a small, four-door sedan. The impact caused the sedan and motorcycle to spin and catch on fire. The motorcyclist was thrown from his bike and he was pronounced dead at the scene. The driver of the car — 30-year-old Stephen Dario Rodriguez — was transported to a hospital and is expected to survive.

Investigators determined Rodriguez had been driving under the influence and was charged with his third DWI. The victim of the crash has been identified as 24-year-old James Hubbs. The incident is still under investigation.

Continue reading →

Published on: January 2, 2020

Accident Injury Report – One Man Dead in Three Vehicle Crash in Amarillo

By Carabin Shaw

amarillo-streetview-12_30_19 Amarillo, Texas (Jan 2, 2020) – One person was killed in a major crash involving three vehicles on the afternoon of December 24th. At approximately 1:00PM Tuesday, a Hereford resident was driving an 18-wheeler westbound on East Amarillo Boulevard. As the truck driver attempted to turn south onto Ridgemere Boulevard, he pulled in front of a Lincoln driven by Amarillo resident Freddy Buckingham, aged 53. Buckingham clipped the rear of the trailer, causing him to spin out into the westbound lane, where he collided with another vehicle. Mr. Buckingham was rushed to an area hospital, where he later died from his injuries. Investigation is ongoing, but authorities believe that speeding and lack of seatbelt usage were factors in the fatality.

Amarillo-google-0101
Seatbelts Save Lives Your seatbelt is the most effective safety device in your vehicle. Designed to keep the driver/passenger in place in the event of a crash to prevent them from being forcefully thrown into the dashboard or windshield – or worse yet, through the windshield and into the road. Air bags can only do so much, and oftentimes only become more dangerous with the lack of proper seat belt usage.

“In 2018 more than 2,623 people who failed to wear their seat belts were killed or seriously injured,” says TxDOT Traffic Safety Director Terry Pence. “Simply remembering to to put on your seat belt increases your chances of surviving a crash by 45-60 percent.”

Continue reading →

Published on: December 28, 2019

Carabin Shaw is Top-Ranked in San Antonio

By Carabin Shaw

December 2019 – The Carabin Shaw Law Firm is proud to be named Best Car Accident Lawyers in San Antonio for 2019. The award, presented by Expertise.com, recognizes Carabin Shaw for the firm’s outstanding experience and professionalism in providing Personal Injury legal services to their clients across the U.S. The EXPERTISE AWARD was presented this month.

Published on: December 23, 2019

Accident Injury Report – Drunk Driver Crashes into Elderly Woman’s House El Paso

By Carabin Shaw

El Paso, Texas (December 23, 2019) – An elderly woman was hospitalized with serious injuries after another woman crashed into her home early Monday morning. At about 1AM on December 23, Margaret Cantu (41) was speeding south on Junction Avenue at Kenworthy Street in northeast El Paso when she lost control of her SUV, hit a rock wall, and then crashed into the bedroom of Rurkio Denison (87) while she was sleeping. Denison sustained critical injuries and was taken to University Medical Center in serious condition. There were also 2 other unnamed parties injured in the incident. Cantu has been charged with Intoxication Assault and is currently being held on bail at the El Paso County jail.

Drunk Driving in Texas

In 2018 there was a total of 773 drunk driving related accidents in the city of El Paso with 33 of those resulting in serious injuries. El Paso ranks 5th in the state with these types of alcohol related crashes, coming in behind Houston, Dallas, San Antonio and Austin. Statewide, driving under the influence is one of the top ten reasons for accidents in Texas(TX Dept of Transportation). Drunk Driving accidents ruin the lives of thousands of people each year by injury or death across the U.S. For more information about the specific statistics for your city, visit the Texas Department of Transportation.

Continue reading →

Published on: December 19, 2019

Accident Injury Report – Tyler County Horse Trailer Accident

By Carabin Shaw

TYLER COUNTY, SATURDAY Dec. 14: A multi-vehicle accident over the weekend in northeast Tyler County sent two people to the hospital with serious injuries. The Hyundai driver, Cora Goneau, 36, failed to yield the right of way to the GMC pickup truck which was towing a horse trailer. The car turned onto Highway 92 in the path of the GMC. Driver Cora Goneauand and her passenger Joseph Griffith, 31, were taken to Baptist Hospital Beaumont with serious injuries. Laramie Dunn, 21, driver of GMC truck – sustained minor injuries. Two horses and six dogs traveling in the vehicles were not injured.

The truck towing a horse trailer was eastbound on Highway 190, while the Hyundai car was traveling westbound. The collision happened at the intersection of U.S. Highway 190 at State Highway 92, just west of Exxon Dam B convenience store, at about 2:00 Saturday afternoon. The GMC pickup truck then struck a Chevrolet Trailblazer and a Ford pickup truck before crashing into the convenience store wall.

https://www.texasinjurylawyersblog.com/files/2019/12/Screen-Shot-2019-12-18-at-4.35.54-PM-1024x680.png

Google Street View

Continue reading →

Published on: November 15, 2019

Court Addresses Recreational Use Statute and Governmental Immunity in Texas Bike Accident Case

By Carabin Shaw

The Supreme Court of Texas recently released an opinion addressing the state’s recreational use statute (RUS) and governmental immunity laws after a plaintiff sued the University of Texas at Austin for negligence. The plaintiff filed a personal injury claim against the University after an employee struck her with a University-owned car while she was riding her bike. The woman suffered various injuries, including bruises, fractures, and facial cuts. The employee admitted that his view was partially blocked, and he failed to see the biker. However, the school argued that it was not liable based on the RUS and Tort Claims Act (TCA).

Historically, citizens could not sue governmental entities for any injuries they suffered because of the government or their agent’s negligence. However, the TCA partially waives Texas’s sovereign immunity in specific cases. The TCA allows individuals to sue governmental agencies if, the government employee was acting within the scope of their employment, the claim was filed within the statute of limitations, and the at-fault party was not acting in response to an emergency.

The RUS provides that landowners who make their property available for recreational use owe only a limited duty of care to those who use their land. Property owners in these cases must only refrain from acting grossly negligently or intentionally injuring people who use their land for recreational use. Texas broadly defines “recreational use,” as any activity that is related to “enjoying the outdoors.” This includes activities such as, camping, biking, water activities, hunting, fishing, using a swing set, and golfing. Landowners can only assert this defense if they do not charge a fee or if they meet specific monetary guidelines. If a landowner charges a fee, they cannot benefit from the RUS unless the total payments they collected the previous year were less than 20 times the property tax. In instances where the RUS intersects with the TCA, plaintiffs must establish that the governmental entity was grossly negligent, acted maliciously, or in bad faith.

Continue reading →