Articles Posted in Personal Injury

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(February 20, 2020 Aransas Pass, TX) A 2-year-old girl fell into a septic tank Wednesday evening of the 19th at the Paradise Lagoons RV Resort in Aransas Pass.  The child identified as Charleigh Nicole Nelson had been walking on the lid of the tank when she fell in.

Rescue attempts were made by both family and neighbors, but they were unsuccessful.  The Rockport and Fulton Volunteer Fire Departments along with Aransas Pass FD were called out but they were also unable to rescue the toddler.  The rescue turned into recovery by calling in the Ingleside Volunteer Fire Department who was able to reach the body by lowering a firefighter into a 2 foot wide hole with a specialized rope.  The tank itself was filled with over 2 feet of water in which the child had been submerged for over an hour.

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Last week, a tragic multi-vehicle crash occurred in Walker County on I-45. According to a local news report, early last Thursday afternoon, between Madisonville and Huntsville, an 18-wheeler crashed into two other vehicles, which were both stopped due to a crash that occurred previously that day. The crash scene was horrific, with vehicles seriously damaged and passengers in critical condition. A 27-year-old woman and a 4-month-old were both in such serious condition that they had to be transported by air ambulance to Memorial Hermann Hospital in downtown Houston. Additionally, a 34-year-old man was transported by ground ambulance to a Conroe hospital.

Although it is too early to know, there will likely be serious injuries and expensive medical bills as a result of this accident. While the investigation is still underway, if the driver of the 18-wheeler is found to have been at fault, even partially, for the accident, the injured victims may be able to file a civil suit against them under Texas law to recover for their injuries. If successful, this civil suit can lead to the victims earning compensation to cover past and future medical bills, lost wages, pain and suffering, and more.

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WACO, Texas, Feb. 17, 2020:One man is dead after a major accident early in the morning on February the thirteenth involving two 18-wheelers on Interstate 35. Officials identified the victim as 34-year-old Jesus Salas Rodriguez of Grand Prairie.

The  Department of Public Safety said the accident took place on the northbound interstate near Loop 340 next to the Baylor Scott & White Hillcrest Medical Center campus.

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administration-agreement-banking-blur-618158A 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.

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(Humble Texas, Feb 16, 2020) A cement truck spilled its contents on a roadway Friday February 14, in Humble Texas causing an accident that killed two people.  The truck belonging to Lattimore Materials was loosing wet cement on the pavement that caused a hazard on Old Humble Road about 5:30 in the morning.  A northbound vehicle then slipped on the cement and slid into the southbound vehicle  Both drivers of the passenger vehicles died at the scene, they were LaTanya Earl (49) and Seliz Palacios (19).

An investigation is ongoing as it is unsure at this time which passenger vehicle originally slipped in the wet cement.  It is also noted that the Lattimore Materials truck may have been driving the wrong way on the road.

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Bryan, Texas, February 8, 2020:  A  second explosion happened at one of Chesapeake Energy’s oil wells in the Eagle Ford Shale just two weeks after a Jan. 29 deadly explosion at a Chesapeake Energy oil well site in nearby Burleson County. Three men were killed and one man was left hospitalized in the Burleson incident. Bryan Maldonado, 25, and Windell Beddingfield died in what is the deadliest oilfield accident since January 2018.

Authorities are investigating the accident which occurred about 1 a.m. Saturday at a storage tank on the company’s Luther lease off Sandy Point and Old San Antonio Roads in a rural area of Brazos County about eight miles northwest of Bryan.

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El Paso TX, Feb 6, 2020 – At least two people have been injured and a third killed in an accident that occured the evening of Wednesday Feb 5th. The incident happened at the intersection of Piedras and Harrison in the central district of El Paso.

The crash involved a speeding sports car driven by Andreus Michael Johnson (20) who was seen running a stop sign that then broadsided an SUV hitting the vehicle driven by Herlinda Castro (67) and her passenger, Ashley Saucedo.  All three victims were transported to University Medical Center where Castro was later pronounced dead.  The condition of Johnson and Saucedo has not been updated at this time.

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(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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Texas personal injury victims must understand and follow the state’s statute of limitations to ensure that their claims are addressed. The statute of limitations provides plaintiffs with a strict time period within which they can bring their lawsuits. This mechanism serves to protect defendants by encouraging plaintiffs to diligently and expeditiously pursue their claims. The statute of limitations also increases the overall reliability of evidence, by limiting the amount of time witnesses have to recount their experiences and preserving fragile physical evidence.

In most cases, the statute of limitations begins when the incident giving rise to the lawsuit occurs. A claim does not have to be heard by that time, but rather, plaintiffs must file their cases within that time. Generally, under Texas law, assault and battery, false imprisonment, legal malpractice, medical malpractice, personal injury, property damage, product liability, trespass, and wrongful death claims must be filed within two years of the incident. The plaintiffs must file contract and fraud claims within four years and slander and libel claims within one year. However, each of these statutes of limitations has exceptions and nuances that may apply on a case-by-case basis.

There are two crucial exceptions to the Texas personal injury statute of limitations; the discovery rule, and tolling. Plaintiffs may be able to assert the discovery rule when their injuries cannot be linked to a specific date. For example, when a person suffers injuries as a result of toxic chemical exposure at their workplace, they may not be able to pinpoint the exact time of exposure. In these situations, the signs and symptoms associated with the incident may occur slowly, making it impossible for a plaintiff to know that they were injured within the statute of limitations. In these cases, the statute of limitations may not begin to run until the plaintiff becomes aware of their condition, or reasonably should have become aware of it. The tolling exception allows plaintiffs to extend the time period under specific situations. Some common examples of tolling occur when a prospective plaintiff is incompetent or during the time that they were a minor.

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(HOUSTON, January 27, 2020)  Two people were killed in a gas explosion in northwest Houston at a manufacturing warehouse on Friday the 25 at around 4:30 a.m. After the explosion the Houston Fire Department reported that 48 people had to be sheltered and 18 people were sent to local emergency rooms for injuries.

Officials have identified Gerardo Castorena Sr. and Frank Flores as the two victims who were killed in this fatal explosion.