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Articles Posted in Delayed Injury

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https://www.texasinjurylawyersblog.com/files/2020/09/Screen-Shot-2020-09-15-at-5.27.39-PM-1.pngTuesday, September 15, 2020:  BAYLOR COUNTY, Texas — Multiple first responder units were on the scene of a crash involving a Greyhound bus and a pick-up truck at U.S. 277 and U.S 183 in Baylor County, Texas on Monday afternoon.

The bus was headed eastbound on Highway 277 between Seymour and Wichita Falls in Mabelle when a pickup truck coming southbound on Highway 183 collided with the bus.  The collision being hard enough to push the bus off the road and on its side.

https://www.texasinjurylawyersblog.com/files/2020/09/Screen-Shot-2020-09-15-at-5.26.13-PM-300x165.pngA Texas Department of Public Safety Sergeant said one passenger was confirmed dead, who has been identified as James Dayton Jones, 40,  and multiple passengers were seriously injured. There were 29 passengers on the bus, including some that had been picked up in Lubbock.

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https://www.texasinjurylawyersblog.com/files/2020/08/Screen-Shot-2020-08-08-at-1.19.37-PM-300x257.pngFor some people, a daily commute is an escape before the demands of the day. For others, it can be stressful. For those who rely on public transportation to get around on a daily basis, there is a reasonable expectation of safety while they are on board a bus or train. Indeed, no one expects to be injured while on public transit. However, when these injuries occur, those responsible may be held accountable for their actions through a Texas personal injury lawsuit.

For example, in a recent Texas Supreme Court opinion, a plaintiff was injured while riding a bus supplied through a public transit authority. The plaintiff boarded a bus and grabbed onto a hanging strap. The bus was operated and driven by a new employee who was still in training, with his supervisor standing behind him. As the driver pulled away from the stop, another passenger shouted, “Back door!” to notify the driver that a passenger was still trying to exit from the vehicle’s rear door. Although the bus was only traveling less than five miles per hour, the driver made an abrupt stop, causing the plaintiff to fall forward into the partition behind the driver’s seat. The plaintiff suffered injuries to his neck and shoulder. After several months of treatment, the plaintiff underwent surgery to repair a herniated disc in his neck.

The plaintiff sued the transit authority, claiming it was negligent and responsible for his injuries. Because the defendant was a common carrier, the plaintiff argued, they owed him a duty to exercise “a high degree of care.” In Texas, common carriers are people or entities that are in the business of carrying passengers or goods and are hire-able by the public. To qualify as a common carrier, the entity must provide transportation services to the general public, as opposed to services for particular individuals or specific groups.

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https://www.texasinjurylawyersblog.com/files/2020/08/Screen-Shot-2020-08-03-at-12.11.27-PM.pngJuly 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.

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car-crash-cartoon-pictures-19-300x210When someone gets into another’s car as a passenger, they hope that the driver is safe and alert while operating the vehicle. Sometimes, however, even when the driver exercises the utmost care and attention while driving, Texas car accidents can happen because of recklessness or negligence from other careless drivers on the road. When collisions involving these circumstances result in a tragedy, families left in the wake of the incident deserve to be compensated for their loss.

In a recent news report, a fatal Texas car crash resulted in the death of two young individuals. At around 6:00pm in the evening, a 19-year-old was driving east and did not yield the right-of-way as a pickup truck was heading north. The truck collided with the passenger side of the 19-year old’s vehicle, and the driver died at the scene. His passenger, a young 20-year-old woman, was flown by air ambulance to a hospital nearby, where she later passed away. The Texas Department of Public Safety and its troopers are still investigating the fatal crash, which occurred west of Fort Worth.

Following an accident like this one, holding the driver liable through their insurance company is the natural next step. In Texas, it matters who was responsible for the accident, so the injured party will be required to present their claims to the insurance company of the at-fault driver. The insurance company will then either negotiate a settlement or deny the claim. Texas also recognizes comparative negligence, which may pose a challenge if the injured party’s own negligence contributed to the crash. However, an accident victim would still be eligible to receive compensation as long as you were not more responsible for the accident than the other driver. If a motorist negligently contributed to the car accident, the amount of compensation received would be reduced by their own percentage of fault.

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medical-tools-placed-on-tray-in-modern-clinic-3884085-300x200A recent case provides insight for Texas plaintiffs suing manufacturers for injuries caused by their products. According to the court’s opinion, the plaintiff was injured after her dentist inappropriately used a product to clean her dentures. The plaintiff later suffered significant injuries when the dentures were placed in her mouth. After suing the dentist and the product’s manufacturer, the plaintiff’s claim against the manufacturer was dismissed by the United States 5th Circuit Court of Appeals.

The plaintiff’s claim against the manufacturer was based on a failure to warn. The theory underlying failure to warn claims is that a product’s manufacturer has a responsibility to warn users of harmful effects. As one court explained, “in a failure-to-warn case, the plaintiff must show that the warning was defective and that this…was the producing cause of the plaintiff’s injury.” These cases typically come down to a question of whether the warning was adequate. In other words, a plaintiff will generally be able to recover if the judge or jury believes that the manufacturer’s warning was not sufficient to warn the plaintiff against the type of injury that occurred.

In this case, the plaintiff’s claim was unsuccessful because the product’s label contained language warning against using the product in the manner that caused the plaintiff’s injury. The warning label on the product stated that it was not to be used to disinfect dentures or the surface of any other instrument that would come into contact with mucous membranes. By instructing his assistant to soak the dentures in the product for fifteen minutes before placing the dentures back in the plaintiff’s mouth, the dentist caused the plaintiff’s injury by using the product in the exact manner that the warning label prohibited. When a product’s warning warns against the very activity that causes injury, the warning is deemed adequate as a matter of law, and the plaintiff’s claim automatically fails. For this reason, the plaintiff’s claim was unsuccessful.

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https://www.texasinjurylawyersblog.com/files/2020/06/Screen-Shot-2020-06-04-at-3.53.53-PM.pngSaturday, May 31, 2020, New Braunfels, TEXAS— A 22-year-old woman died after tubing along the Comal River on Saturday, the New Braunfels Police Department has confirmed. 

According to the post, the woman, identified as Devon Walton from Houston, was near the tube chute when she had gone under the water. She resurfaced but had trouble breathing and the woman’s friends alerted the police.

Officers at the scene said the woman showed signs of labored breathing but was alert and speaking. Authorities contacted the New Braunfels Fire Department and EMS, but the woman lost consciousness before the paramedics arrived. Police said officers tended to the woman until paramedics arrived on scene and began life-saving measures.

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Photo Credit: CBS 11

(FT. WORTH, Feb 3, 2020) – At least two people have been injured after a crash involving a Trinity Railway Express (TRE) train and an 18-wheeler.  The accident happened Jan. 28 around 7:30 a.m. during the morning commute at the 400 block of Riverside Drive, east of downtown Fort Worth.

The 18-wheeler was stopped on the train tracks due to traffic. Officials with the Fort Worth Fire Department said that the semi was hauling 30,000 pounds of aluminum. Emergency crews treated the driver of the tractor-trailer at the scene. Officials are still investigating the accident.

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