Personal Injury

Published on: March 23, 2020

ACCIDENT INJURY REPORT: Decatur Woman Died in Three-Vehicle Crash in Odessa

I-20 at Grant Odessa, TX

Odessa, Texas- Thursday, March 19, 2020: A 39-year-old Decatur woman died Thursday afternoon in a three-vehicle crash, according to the Odessa Police Department. Officers arriving on the scene of the crash found a Dodge Truck, a Jaguar and an 18-wheeler. The crash occurred along I-20 at Grant.

Amber Sahagun was a passenger in a Jaguar that was westbound on Interstate 20 near Grant Avenue and was behind a Dodge Truck, an 18-wheeler, driven by Ranjit Singh 42, of New York, was following the car. Singh failed to control his speed and hit the car, which then hit the Dodge pickup, according to the news release from the Odessa Police Department.

Continue reading →

Published on: March 22, 2020

ACCIDENT INJURY REPORT – Fatal Car Crash Upshur County Texas

By Carabin Shaw

March 22, 2020 Longview Texas. A fatal car accident occurred about 9 miles northwest of Longview early Friday morning March 19th on Texas State Highway 300 near East Mountain. The collision happened when a northbound pickup truck driven by Aaron Barbosa-Valerio (23) crossed into the path of of a southbound SUV driven by Rucker Steven Murry (65). State trooper investigations concluded that Barbosa-Valerio was traveling too fast for the rainy conditions that morning and lost control of his vehicle.

Murry was taken to the Longview Regional Medical Center in serious condition, his passenger Cynthia Browne Murry (66) was pronounced dead at the scene. Barbosa-Valerio was also injured and transported to a local hospital, his condition is unknown.

Driving in the Rain Tips

Continue reading →

Published on: March 20, 2020

Texas Restaurants and Bars Have a Duty to Protect Patrons

By Carabin Shaw

adult-alcohol-bar-bartender-274192-scaled Under Texas premises liability law, restaurants and bars have a duty to protect their customers. However, the extent of this duty is often called into question in cases where someone is injured while visiting an eating or drinking establishment. In a recent opinion, the court was asked to determine whether the defendant bar owed the plaintiff a duty of care to protect him against the criminal acts of a third party.

According to the court’s opinion, the plaintiff and a friend were drinking at the defendant bar. While they were at the bar, there were no issues. However, at 3 a.m., when the bar closed, the plaintiff was attacked by another bar patron. The fight left the plaintiff permanently blinded.

The plaintiff filed a personal injury lawsuit against the bar, arguing that the bar was negligent for failing to take any steps to protect him against the criminal acts of the other bar patron. In support of his claim, the plaintiff pointed to the fact that the police had been called five times the previous year for fights occurring in the bar’s parking lot immediately after closing.

Continue reading →

Published on: March 17, 2020

The Potential Difficulties When Suing Texas Shooting Ranges

By Carabin Shaw

gray-and-black-semi-automatic-pistol-3602946-scaled Shooting ranges are popular in Texas, but anytime someone handles a gun there is a risk for injury. Despite the safety procedures in place in most Texas ranges, accidents do occur, and individuals are sometimes shot, leading to injuries or even death. Like most accidents, Texas law allows victims to file a civil negligence suit to recover for their injuries against a negligent party who caused the accident. However, the requirements for filing a lawsuit against a shooting range are a bit more complicated, meaning some plaintiffs who misunderstand the statutory requirements for filing may have their suit dismissed regardless of its merits.

The Supreme Court of Texas recently considered a case that highlights these requirements. According to the written opinion, the plaintiff brought his loaded .22 caliber rifle to the defendant shooting range in December of 2016. He handed the gun to a range employee for a pre-entrance safety inspection, and during the inspection, the gun discharged and shot the plaintiff in the leg. As a result, the plaintiff suffered severe injuries that required extensive medical treatment.

In February of 2017, the plaintiff sued the shooting range and the employee who performed the inspection. The parties submitted an agreed-upon scheduling order, which was approved in April. The order provided a date by which all experts must be designated. In June of 2017, more than 90 days after the suit was filed, the defendants filed a motion to dismiss, based on section 128.053 of the Texas Civil Practice and Remedies Code. This section requires that a plaintiff suing a shooting range must serve an expert report on the defendants within 90 days of the original filing, unless that deadline is extended by written agreement. If a plaintiff fails to do so, their suit can be dismissed with prejudice. The defendants argued that the plaintiffs had not served them with an expert witness within 90 days, and thus the suit must be dismissed. The plaintiffs, on the other hand, argued that the scheduling order extended the deadline, even though it did not mention section 128.053.

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: March 16, 2020

ACCIDENT INJURY REPORT: One Dead, Three Injured in Abilene Construction Truck Crash

By Carabin Shaw

Wednesday, March 11, 2020: ABILENE, TX – A fatal crash in Abilene left one person dead and three seriously injured. According to DPS, the crash occurred after a construction truck disregarded a stop sign and t-boned a small Ford on the passenger side that was traveling west on FM 3034. According to KTXS, DPS troopers responded to a crash on US 83 and FM 3034 near the Abilene Landfill in Jones County on Wednesday afternoon just before 5:30 p.m.

Troopers found 18-year-old Diego Hernandez dead at the scene. The three passengers in the back seat had to be extradited using the jaws of life.

One of the passengers was a one-year-old infant who was seriously injured. The infant was flown to Cook Children’s Hospital in Fort Worth. An off-duty trooper who arrived first to the scene administered CPR to the baby. Investigators stated the infant was not properly restrained. Abilene Police and Firefighters were also at the scene.

Continue reading →

Published on: March 10, 2020

ACCIDENT INJURY REPORT: Three Men Dead, A Fourth Person Injured in NE Harris County Crash

By Carabin Shaw

https://www.texasinjurylawyersblog.com/files/2020/03/Screen-Shot-2020-03-10-at-12.40.34-PM.png

Photo: On Scene TV

March 10, 2020, Houston, Texas: Three men are dead and a fourth is in serious condition after a violent high-speed crash in northeast Harris County on Friday, March 6th.

Arturo Mireles, 19, the driver of a white Honda Civic, was speeding on Aqueduct Road near North Lake Houston Parkway when he ran a stop sign and crashed into a tree around 2 a.m., Harris County Sheriff Ed Gonzalez said. The driver and front passenger were killed instantly, while one of the two rear passengers died on the way to the hospital, Gonzalez said.

Continue reading →

Published on: March 10, 2020

SAFETY TIPS FOR SPRING BREAKERS

By Carabin Shaw

https://tpwd.texas.gov/

Each year Spring Break revelers and vacationing hotel guests wind up in the Emergency Room for preventable reasons. The lawyers at Carabin Shaw, specialize in Swimming Pool Safety and Traumatic Brain Injury cases, here are suggestions for a Safer Spring Break.

Don’t drink and dive. Nearly 70% of water-related deaths among teens and adults involve alcohol, especially diving injuries. It’s better to save the alcoholic beverages until after the pool, beach and water activities are over because alcohol affects your judgment and coordination.

Continue reading →

Published on: March 10, 2020

Texas Nursing Home Disputes Involving Arbitration Clauses

By Carabin Shaw

hands-people-friends-communication-45842-scaled Texas individuals who admit their loved ones into nursing homes do so with the expectation that the nursing facility will provide their family members with appropriate medical care and treat them with respect and compassion. However, the sad reality is that many people suffer abuse and serious injuries because of reckless, negligent, or careless Texas nursing home personnel. In these cases, families should take steps to pursue a Texas nursing home abuse lawsuit against the at-fault individual or entity.

Many families who try to pursue claims against Texas nursing homes face roadblocks because of arbitration agreements they agreed to upon admittance. For over twenty years, nursing home and long-term care facilities offered arbitration agreements as a way to solve disputes. Arbitration provides the parties to present their case to a neutral party who will decide on the matter. In some cases, arbitration can save both parties the time and expense of a long and drawn-out trial process. However, arbitration agreements are often one-sided and favor the party who offered the option, such as a nursing home.

These agreements are not only one-sided, but they were often a requirement for those wishing to enter nursing home care. Additionally, there was overwhelming evidence that nursing home arbitration agreements were detrimental to the safety of long-term care facility residents. To address the inherent unfairness in the rule, in 2016, lawmakers changed the rules. They explained that any facility that requires residents to sign arbitration agreements to enter the facility would not be eligible for federal funding. Even with the favorable public reaction to the ban, in 2019, a new rule took effect. The current law allows nursing homes to include arbitration agreements in their admission packets. However, it is important to note that nursing homes cannot require residents to sign the agreement as a pre-requisite to admission. Additionally, nursing homes must provide residents with at least 30-days to rescind their agreement.

Continue reading →

Published on: March 5, 2020

ACCIDENT INJURY REPORT: Tractor-Trailer Caused Multiple-Car Wreck, Kills Motorcyclist

By Carabin Shaw

March 5, 2020: SAN ANTONIO – Police are searching for the driver of a 2007 Freightliner tractor-trailer that caused a multiple-car wreck, killing one motorcyclist, on Monday, March 2. The truck was traveling at a speed too fast for moderate-to-heavy traffic before it crashed into the back of the motorcyclist around 6:30 p.m. in the 8200 block of Interstate 10 East, police said.

The Bexar County Medical Examiner’s Office identified the motorcyclist as 64-year-old Kyle Wayne Perry who died at the scene due to blunt force injuries. Three vehicles in front of Perry were also impacted in the wreck, causing a Jeep Cherokee to roll over, police said.

The truck, which had a flat-bed trailer attached to it, attempted to brake before impact and jack-knifed on the highway, blocking both eastbound lanes. The driver of the tractor-trailer fled the scene on foot and did not render aid, police said.

Continue reading →