Articles Posted in Wrongful Death

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https://www.texasinjurylawyersblog.com/files/2021/04/Screen-Shot-2021-04-27-at-2.37.08-PM.pngSelf-driving, or autonomous cars, are revolutionizing the way the public looks at travel and car ownership. These vehicles turn active drivers into passive passengers, allowing motorists to rely on the car’s advanced computerized system to navigate the roads and avoid collisions. However, these cars may result in a serious Texas car accident, as the new technology is still being refined.

Autonomous vehicles rely on complex computer systems, sensors, actuators, and various algorithms to operate on the roads without an active driver. In theory, these cars provide a glimpse into a more environmentally friendly and safer future for road users. However, as it is, these features often present more dangers than benefits.

For example, recently, a national news report described a fatal Tesla crash involving a driverless vehicle. According to reports, the vehicle did not have a driver and was operating on high or full automation mode. As such, one of the occupants was in the front passenger seat, and the other occupants were in the back seat. The car was speeding along a dangerous curve when it slammed into a tree. Emergency responders used over 30,000 gallons of water to put out the massive fire that the collision sparked. Tesla did not respond to this incident but previously stated that their vehicles are intended to be used with an attentive driver who has their hands on the steering wheel. However, safety officials argue that the company does not do enough to deter drivers from depending too much on the vehicle’s features.

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https://www.texasinjurylawyersblog.com/files/2021/04/Screen-Shot-2021-04-19-at-3.42.14-PM.pngApril 2021:  Playa del Carmen, Q.R. Mexico— A criminal investigation into the death of a 13-year-old boy at an Xcaret water park has been opened.  In a press release, the Attorney General of the Mexican state made the announcement after it was notified of the death of the child via a private hospital.

According to the Attorney General, staff from the hospital reported the drowning death of Leonardo Luna-Calvo, 13.  In their official news release, Attorney General of Quintana Roo said, “the rule of law in Quintana Roo is firm and there will be no privileges for any group or person who intends to omit the responsibility that corresponds by law.”

Waterpark management has to inspect what they require from employees responsible for the safety of the guests at their facility on a daily basis.  Tragic events like this are preventable if safety measures are carefully and routinely followed.

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https://www.texasinjurylawyersblog.com/files/2021/03/Screen-Shot-2021-04-01-at-11.07.48-AM-300x284.pngDuring the course of the COVID-19 global pandemic, tens of millions of people across the country experienced moving their work lives, but also their active lives, into their homes and away from typical common spaces such as gyms or exercise studios. As people began both working and attempting to stay active during quarantine and to practice social distancing, demand for at-home exercise options and equipment has been on the rise. But even at home, could these equipment options pose risks to you and your family? Those injured due to a dangerous piece of exercise equipment may be able to pursue a Texas product liability claim against the manufacturer.

According to a recent news article, an accident involving a Peloton treadmill has left a child dead. Although Peloton’s exercise equipment is wildly popular, their products are no exception when it comes to accidents involving children. The CEO of the company recently acknowledged the issue and claimed that the accidents have been confined to only a “small handful of incidents.” To prevent further accidents from taking place, the company is urging Peloton users to adhere to safety warnings, such as keeping exercise equipment in a separate area away from children and storing safety keys away when the equipment is not being used.

Based on a 2020 study from The American Journal of Emergency Medicine, most at-home treadmill injuries take place involving children under 16. In light of the COVID-19 global pandemic, there has been an increase in the number of people purchasing exercise equipment for their homes, but also with children home from school with remote learning. As a result, the risk of an injury involving children and exercise equipment may be amplified because of current conditions involving the pandemic. Common injuries involving treadmills, the study found, usually involve damage to the fingers and hands, such as friction burns.

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pexels-nelly-aran-1132688-300x200Pre-prepared and packaged baby food has served as a convenient option for busy parents of infants and toddlers for decades. As parents, we only want what is best for our children, and we should be able to trust that the products we purchase for them to put into their bodies is safe and nutritious. When these food products contain contaminants that could be toxic, this oversight could lead to serious personal injury or even death to those most vulnerable. In certain cases, dangerous food products may give rise to a Texas product liability lawsuit.

According to a recent news report, federal investigators have found that some brands of baby food products contained several contaminants. Even products labeled as organic were found to be contaminated with heavy metals such as arsenic, lead, and cadmium. According to experts, exposure to these contaminants could pose significant risks to infants and toddlers, and heavy metals have been associated with brain damage, behavioral impairments, and even death. Because the FDA does not set limits on heavy metals specifically for baby foods, advocates argue that the agency needs to do more to regulate the industry to ensure our children’s safety.

If you have purchased baby food from any of the reported brands and your children have been injured as a result of the defective product, you may have a product liability claim against the manufacturer. In Texas, product liability is a strict liability offense, which means that negligence does not get the manufacturer off the hook. Thus, if there was a defect in the product and it caused the injury, then the defendant is liable. Texas recognizes three types of product defects.

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pexels-lukas-rychvalsky-1600909-300x200Although this past holiday season has looked a little different from previous ones because of the pandemic, Texas roads remain busy as families continue to take road trips, commute around town for necessities and daily errands, and travel. Even though COVID-19 may have kept many at home this holiday season, Texas drunk driving accidents still continue to claim too many lives.

According to a recent news report, a local mom lost her husband and two children after a tragic car accident. The two children and husband were driving along when the driver of a Ford F250 crashed into them. Although the driver of the Ford F250 survived, the local mom lost her entire family in the crash. So far, no charges have been filed against the truck driver. However, the mom retained attorneys who have filed a wrongful death lawsuit because the Ford F250 driver was allegedly intoxicated when the accident took place. The investigation remains active, and officials are still assessing potential charges. While charges are pending, the local mom and her attorneys are hopeful that criminal charges against the at-fault driver will be filed.

The legal system can often be challenging and confusing to navigate when it comes to certain claims. Unfortunately, when criminal charges are officially filed against an individual, it does not mean that they will automatically be responsible for paying damages to the party who suffered harm. Because criminal law and the criminal justice system were not designed to protect victims or survivors individually, but rather to protect society as a whole, damages are not typically awarded to specific people who have been harmed through the criminal system.

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pexels-carl-newton-2280165-199x300While driving, there are few scenarios scarier than seeing another car driving the wrong way and coming straight for your vehicle at full speed. Although these collisions are rooted in a number of potential causes, at-fault parties must be held accountable for their carelessness when they take place. When these Texas wrong-way accidents occur, they often have devastating and fatal consequences for all who are involved.

For example, according to a recent news report, a toddler died from his injuries following a major wrong-way car accident. The toddler and his aunt were driving along the road when an oncoming sedan approached while driving in the wrong direction of the street. The sedan collided with the car the toddler and his aunt were operating and resulted in the crash. The sedan driver died from blunt force injuries. The toddler was not in a car seat when the crash took place but was wearing a seat belt, and his aunt was taken to the hospital with non-life-threatening injuries.

Like every other state, Texas requires vehicles to drive on the right side of the road. There are only very narrow exceptions in which vehicles can be on the wrong side of the road. Passing another vehicle, traveling on a one-way road, avoiding an obstacle on the street, or traveling on a road with more than just two lanes of traffic are the only exceptions available for being on the wrong side.

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pexels-antonio-batinić-5364345-300x200There are plenty of roads in Texas that do not have a physical median separating the lanes as vehicles move in opposite directions. This road design, coupled with distracted or reckless driving, often becomes the perfect storm for dangerous car accidents. Head-on accidents, for example, most frequently occur on this type of roadway when the at-fault party veers across the center dividing line and crashes into a car coming in the opposite direction.

In a recent news report, six individuals were killed in a deadly head-on highway car accident. According to the Texas Department of Public Safety, two vehicles were heading in opposite directions when one of the cars veered into the neighboring lane and crashed head-on with the other vehicle. The eastbound vehicle was carrying three passengers, who all died at the scene. The westbound car was carrying six passengers, and three were killed in the crash. The remaining passengers of the westbound vehicle were transported to local hospitals to treat their injuries. All of the passengers in the eastbound vehicle were wearing seat belts, whereas only the driver of the westbound car was wearing his seat belt. The crash remains under investigation by local authorities.

In Texas, like other jurisdictions, head-on car accidents can lead to a host of legal issues. Distracted driving or drowsiness are often common causes for these often-fatal crashes, as well as drunk driving or speeding.

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car-crash-cartoon-pictures-19-300x210Car accidents are a headache to deal with. Texas hit and run accidents, however, can cause a headache and then some. Because the other driver has run off after an accident, you may now be stuck paying for any damage incurred from your vehicle and any medical expenses that you may rack up if you have been injured. Since hit and run accidents can often have devastating consequences, it is crucial that those who are responsible are held accountable, whenever possible.

According to a recent news report, a local hit and run accident left a motorcyclist dead. Based on law enforcement reports, constables say there were two separate accidents. First, a car turned in front of a motorcycle going in the opposite direction, which struck and killed the motorcyclist. Following this initial accident, debris left behind from the crash caused a hit and run crash involving two more vehicles, and an SUV involved in the second crash fled the scene. According to local authorities, it is unclear whether any charges will be filed following this collision.

In Texas, hit and run accident laws are strictly enforced. Depending on the severity of physical damage or injuries incurred during the collision, it can result in either a felony or misdemeanor conviction and is considered a crime.

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pexels-pixabay-263402-300x199When a Texas chain-reaction car accident occurs, it can often have devastating consequences. On top of potentially being more likely to cause injuries or death, these collisions are often more complex because of all of the parties involved. Establishing an accurate timeline that maps out exactly how the crash happened and who should be assigned which portion of fault can be a significantly challenging issue on its own. However, if a fatality follows an already complex series of crashes, the situation becomes even more complicated to navigate.

According to a recent local news report, a series of car crashes involving four vehicles left a teenage boy dead. The incident started when a Mercedes broke down on the side of the road when it ran into mechanical issues. Both occupants exited the Mercedes, and moments later, a Dodge pickup saw the Mercedes and stopped behind it. A Nissan traveling on the same road with a 17-year-old passenger slammed into the back of the Dodge pickup and hit another car on the road. The series of crashes concluded when the Nissan crashed into the rear of the Mercedes, which pushed it across the median and into the feeder road. The 17-year-old teenager who was riding in the Nissan did not survive the crash. Firefighters worked for nearly 45 minutes to free the driver of the Nissan, who barely escaped fatal injuries and was transported to a local hospital. According to law enforcement, there was no reason to believe that drugs or alcohol played a role in the crash, and the accident was likely caused by speeding.

In Texas, if a fatality occurs following a crash, it could potentially give rise to a wrongful death claim. Potential plaintiffs must understand the mechanics of bringing these claims. First, the party bringing the claim must prove that the deceased was not responsible for causing their own death and that it resulted from the negligence of another party.

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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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