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Articles Posted in Personal Injury

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CS-San-Antonio-9-300x300Recently, a Texas district court issued an opinion in a lawsuit stemming from injuries a man suffered during a workplace altercation. According to the record, the plaintiff worked in a storeroom of a clothing store that is operated by a larger company. The plaintiff and another employee became involved in a verbal altercation requiring intervention from a supervisor. The supervisor presented the parties with the options to either quit their jobs, change shifts, or continue working together-they chose to continue working together. About a week after the verbal altercation, the men became involved in another argument, and the employee punched the plaintiff. Both of the men were terminated from their positions. The plaintiff filed a lawsuit against the parent company, arguing that they were liable for his injuries because of negligent hiring, negligent training, negligent supervision, retention, and monitoring. A jury found in favor of the plaintiff, and the company appealed.

Among other issues, the company argued that they were not liable because the men were not employees of the parent company, but rather of a subsidiary. The company argued that the plaintiff did not establish that the defendant had an employment relationship with any of the parties involved, or that they controlled the subsidiary’s safety policies. Therefore, the jury’s finding was not supported by the evidence.

Under Texas laws, the court will sustain a sufficiency of the evidence challenge if there is a complete absence of an essential fact, the trial court is barred by the law to give weight to the evidence offered to prove a vital fact, if the preferred evidence is no more than a “mere scintilla,” or the evidence established the opposite of a vital fact. Evidence rises to a sufficient level if it would allow fair-minded people to differ in their conclusions. Further, if the evidence does not create more than a slight suspicion, it is not sufficient.

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pexels-pixabay-263402-300x199Nov. 11, 2020, McCLAIN COUNTY, Oklahoma:  Investigators said a truck driver was driving distracted on Interstate 35 where he killed a woman and injured her husband. Oklahoma Highway Patrol troopers responded to the crash on March 2, 2020, near mile marker 82 in McClain County.

A semi-truck driven by 58-year-old Johnny Spradlin was surrounded by other vehicles approaching a construction zone.  

Investigators said surrounding vehicles slowed down, but the 18-wheeler driver Spradlin did not. He crashed into a 2016 Chevy Traverse driven by 63-year-old Julia Kraus and her passenger husband around 9:30 a.m. Kraus was pronounced dead at the scene.   Kraus’ husband was injured in the crash but survived.  

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pexels-burak-k-67088-300x200We’ve all been there—after a long day at work, or on the way to work, you find yourself fighting to keep your eyes open to focus on driving. In Texas, where most people own a car and driving is a regular part of getting around and commuting, Texas drivers are especially susceptible to these accidents because of how much time is spent on the road. Whether it was stress from the day or a restless night of sleep the night before, drowsy driving is dangerous and can often lead to fatal consequences. Unfortunately, Texas drowsy driving accidents are more common than you may expect.

According to a recent report, fatal drowsy driving accidents continue to be a widespread public safety issue in the United States. Between 2010 and 2018, drowsy driving accidents killed 7,392 people nationwide. In total, 22% of these accidents occurred on Texas highways and interstates, making the state home to America’s most drowsy drivers. Although the number of fatalities caused by these accidents has decreased since 2010, the number of accidents in Texas continues to be nearly four times greater than the state with the next greatest percentage of fatalities. On the state’s busiest, traffic-heavy roads, there were ten times more fatal crashes than the national average.

When it comes to drowsy driving accidents, people 25 to 34 are most susceptible to these crashes. Nearly 16% of victims from 2010 to 2018 were in this category, making this statistic especially troubling. Because a single accident stemming from drowsy driving is likely to kill more than one person, the lethal nature of these accidents must be emphasized.

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Every year nearly 500 people in the US die from what is a preventable death: accidental carbon monoxide poisoning.  Nearly 50,000 people in the U.S. end up visiting emergency rooms each year due to CO poisoning. There are many ways to protect your family, loved ones, guests and renters.  Whether you’re at home or traveling, there are steps you can take to help keep yourself and others safe from CO poisoning.

Owners of hotels, rental properties and homes have legal obligations to make sure their properties are serviced and do not pose a risk of renters, friends, family or guests developing CO Poisoning.  Winter temperatures now mean an increase in heating systems running for hours which adds to the carbon monoxide risk.

Surprisingly, fumes are produced by more than furnaces.

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pexels-pixabay-263402-300x199Sometimes, unexpected things happen while driving, and pulling to the shoulder of the road is your only choice. Staying parked on the shoulder of the road, however, can be dangerous. Cars that drift out of their lanes can collide with your car, or worse, crash into you as you are attending to your vehicle. When these accidents occur, the thought of filing a San Antonio personal injury claim may feel overwhelming. Indeed, the recovery process can be a complex one, and it is crucial that you know what is required in a Texas personal injury claim.

According to a recent news report, two separate car accidents on a major roadway left two drivers dead. On the day of the first accident, a Chevrolet veered from its lane and crashed into an abandoned vehicle sitting on the shoulder of the road. As a result of the crash, two other cars collided and struck the Chevrolet, whose driver was pronounced dead at the scene. The drivers of the other two vehicles were taken to a local hospital, according to authorities. In the second crash, a woman died while she was on the shoulder, trying to repair a tow strap when a car collided with two disabled vehicles where she was standing.

When you are involved in a car accident in Texas, the law requires that you must first file an accident report with the local police department or sheriff’s office within 10 days of the crash, if you are able. In addition, following an accident, the sooner you file a claim with your insurance company, the better. This way, your insurer can investigate and, hopefully, get you the compensation you deserve as soon as possible. If you wait too long, you may be giving up your chance to report the accident and receive coverage for your losses.

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pexels-pixabay-289737-300x200Whether you’re sending your children to college for the first time as a parent or you’ve had an empty nest for a while, the start of an undergraduate career is often every bit as exciting as it is nerve-wracking. On the one hand, you’re proud of your kids for making it this far, but also nervous about what it’ll mean for them being on their own for the first time. However, no one ever expects to get bad news and hear that their children were involved in a major accident while away from home. When these incidents occur, those responsible can be held accountable through a Texas wrongful death or personal injury lawsuit.

According to a recent news report, two Dallas Baptist University students were killed in a deadly car crash. Both students had only just arrived on campus for their freshman year and were passengers in a friend’s car when the at-fault party crashed into their vehicle. Authorities reported that three other students were also involved in the accident and are recovering from non-life-threatening injuries. Currently, the investigation is still ongoing, and it is unclear if the responsible driver will be facing charges or if drugs or alcohol played a role in the accident.

In Texas, following an accident like this one, there are several legal actions you can take. Perhaps the most common is assessing whether you have a wrongful death claim. When a person passes away because of another person’s wrongful actions, you may have grounds for a claim. More specifically, in Texas, the death must have come about due to a “wrongful act, neglect, carelessness, unskillfulness, or default.”

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https://www.texasinjurylawyersblog.com/files/2020/10/Screen-Shot-2020-10-13-at-2.21.12-PM-789x1024.pngSaturday, October 10, 2020:  Laredo, TEXAS:  Laredo police have identified the woman who died on Thursday, October 8th, in a two-vehicle crash by Texas 255 and Mines Road.

Authorities identified her as Sara Cruz, a 47-year-old woman from Houston. Cruz was in a Ford F-150 driven by Jose Juan Perez, 50, who is also from Houston.

Perez disregarded a stop sign at Texas 255 and FM 1472 and crashed into a Ford Raptor driven by Jaime Gutierrez, 27.

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pexels-oliver-king-4067795-300x200Many Texans spend the majority of their time at work. As a result, San Antonio workplace accidents are very common, even for those with jobs that are not physically demanding. Indeed, an on-the-job accident can occur at any moment, and for almost any reason. Thus, all employees need to understand their options when it comes to recovering after a work-related accident.

There are two types of claims that a worker can bring after an on-the-job accident. The first, a workers’ compensation claim, is the more common of the two types of claims. The workers’ compensation system provides employees a simplified way to obtain compensation for a work-related accident without needing to prove that their employer was at fault. Because the workers’ compensation program is a no-fault system, these claims are typically quicker to process than traditional personal injury claims.

The main drawback of workers’ compensation claims is the availability of damages. Injured employees who successfully bring a Texas workers’ compensation claim can obtain benefits for their medical expenses, lost wages, and any decrease in earning capacity. However, unlike a personal injury case, a workers’ comp claim does not entitle an employee to non-economic damages.

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https://www.texasinjurylawyersblog.com/files/2020/10/Screen-Shot-2020-10-06-at-12.50.23-PM.pngTuesday, Oct. 6, 2020:  LUBBOCK, Texas — The Texas Department of Public Safety released updated details Thursday evening on a deadly crash that happened just after 1:00 p.m.  Emergency crews responded to the crash along Highway 84 near County Road 7500 near the City of Slaton.

DPS reported a pickup truck with a trailer driven by Thomas Henry Erskine Jr, 18, of Templeton, California. The pickup truck was going southeast on Highway 84. DPS said a Tahoe driven by Berta Arispe, 59, of Colorado City was going northwest on the highway.

The pickup truck came upon a construction vehicle that was directing traffic over to the right lane for a construction company. The pickup truck, “took evasive action steering hard to the left to avoid other vehicles.”

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https://www.texasinjurylawyersblog.com/files/2020/10/Screen-Shot-2020-10-05-at-8.36.05-PM.pngOctober 5, 2020:  The Texas Department of Public Safety has identified the victims of the September 27, 2020 head-on crash on SH 105 about a mile east of FM 2518 in Tarkington northeast of Houston.

Two of the deceased victims are from Houston while the third is from Hardin County. They are Francisco Rivera-Rosas, 33, of Houston, who was driving the black Chevrolet pickup that veered into the path of another black Chevrolet pickup driven by Timothy Gannon, 56, of Saratoga. Both drivers were killed as well as a backseat passenger in Rivera-Rosas’ vehicle – Juan Salgado, age unknown. 

Two other passengers were traveling in Rivera-Rosas’ vehicle – his 15-year-old son, who was uninjured, and 43-year-old Juan Salgado-Alvarez, 43, of Houston, who was seriously injured. Gannon’s wife, Kimberly Gannon, 57, also suffered serious injuries.

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