Texas Injury Lawyers Blog

Published on: July 8, 2019

Texas Woman Seriously Injured after Pharmacy Error

Medical errors are consistently ranked as one of the leading causes of accidental death in the United States. While there are many different types of medical errors that contribute to this startling statistic, one of the most common types of mistakes is medication error.

A Texas medication error is typically the result of a pharmacist, nurse, or another medical professional, providing a patient with medication that was not intended for the patient. It may be that the nurse mistook one drug for another with a similar name, or that a pharmacist missed a decimal point when dosing a prescription. In any event, medical professionals are human and, as a result, make mistakes. When mistakes are made, patients suffer.

Two years ago, an Austin woman was given a prescription that was 54,000% stronger than the medication that was prescribed by her doctor. According to a local news report covering the error, as well as the woman’s recovery, the woman suffers from a rare disorder called Hashimoto’s disease that causes her immune system to attack her thyroid. As a result, the woman’s thyroid does not make sufficient levels of hormones.

Continue reading →

Published on: July 8, 2019

Employer Liability in Texas Car Accident Cases

By Carabin Shaw

One of the most critical decisions a Texas car accident victim must make when pursuing a claim for compensation is which parties should be named as defendants. Naming all potentially liable parties is important for several reasons. First, plaintiffs typically only get “one bite at the apple,” meaning that an injury victim can only bring one case based on their injuries. It is the plaintiff’s responsibility to name all potentially liable parties, and if an essential party is not named a plaintiff will not likely be able to file a subsequent lawsuit against the unnamed party. Thus, a plaintiff should name all potentially liable parties because a failure to do so could result in the named defendants shifting a portion of the fault for the accident onto a non-present party.

Another important reason for naming all potentially liable parties is to increase the likelihood that a successful plaintiff will be able to collect on an award. Serious Texas personal injury cases can result in substantial monetary damages. Often, individuals may not have sufficient assets to fully compensate a successful plaintiff and, in some cases, they may not carry enough insurance coverage. By naming additional parties, a plaintiff has the ability to collect a damages award from several parties, increasing the chance that the plaintiff will be able to collect the entirety of what she is entitled to.

Texas Woman Killed When Delivery Truck Runs Red Light

Continue reading →

Published on: July 8, 2019

Texas Supreme Court Determines Off-Duty Officer Was Immune from Liability in Recent Wrongful Death Lawsuit

By Carabin Shaw

In May 2019, the state’s high court issued a written opinion in a Texas wrongful death case discussing whether an off-duty officer could be held individually liable after he shot and killed a suspect while attempting an arrest outside the officer’s jurisdiction. Under the state’s election-of-remedies provision of the Texas Tort Claims Act, the court determined that the officer could not be held liable in his individual capacity.

Under the election-of-remedies provision of the Texas Tort Claims Act, government employees cannot be held individually liable for injuries they cause to others under certain circumstances. Specifically, an injured victim cannot hold a government employee personally liable when: 1.) the employee’s actions were conducted within the scope of their employment, and 2.) the case could have been brought against the government.

According to the court’s recitation of the facts, the plaintiffs’ son was shot and killed by an off-duty officer (the defendant) during an attempted arrest that occurred outside the defendant’s jurisdiction. The plaintiffs filed a wrongful death lawsuit against the officer in his individual capacity.

Continue reading →

Published on: July 8, 2019

Six Killed in Texas SUV Accident

By Carabin Shaw

Earlier this month, six El Salvadoran citizens were killed and five others seriously injured in a Texas car accident. According to a local news report covering the tragic accident, the single-vehicle crash occurred when an SUV crashed into a roadside ditch near Robstown. Apparently, shortly before the accident, the vehicle was being pursued by police. However, law enforcement gave up on the pursuit due to the wet conditions. The SUV was traveling at estimated speeds of up to 50 miles per hour before the crash.

The authorities have not yet released several important details surrounding the fatal accident. For example, it is unclear what the basis of the traffic stop was and whether it justified a high-speed chase. Additionally, it is unknown how long after the authorities called off the chase the crash occurred. What is known is that the people involved in the accident were undocumented.

Because police gave up on the pursuit, they were not immediately aware of the accident, which was only reported after passers-by noticed two injured men walking along the side of the road. Once the crash was reported, emergency medical crews responded to the scene, removing several from the wreckage.

Continue reading →

Published on: July 8, 2019

Ten Things to Do Following a Texas Car Accident

By Carabin Shaw

According to the Texas Department of Transportation, each year 17,500 people are seriously injured in Texas car accidents. Human nature is such that most of us operate under the assumption that we will never be included in that statistic. However, the reality is that a car accident occurs in Texas every 59 seconds, and someone is injured in an accident nearly every two minutes.

Knowing what to do in the aftermath of a serious car accident is essential knowledge that all drivers should possess. The moments after a car accident are incredibly stressful, and many motorists go into autopilot mode, relying on their instincts rather than thinking through the situation as they usually would. Thus, it is important that Texas motorists commit the following essential “to dos” to memory.

Stop, even if it wasn’t your fault – Even in the event of a minor accident, stop to evaluate the damage. The body has a remarkable way of masking pain in the moments immediately following a traumatic event. Motorists who brush off a minor accident may wake up a few days later with significant pain or other related issues.

Continue reading →

Published on: July 8, 2019

Texas Supreme Court Discusses Notice Requirement in Personal Injury Lawsuits Filed Against the Government

By Carabin Shaw

The state’s high court recently ruled in a Texas personal injury case involving the notice requirements in lawsuits against government entities. According to the court’s opinion, two individuals were riding on a motorcycle when they hit a large mound of dirt on an unlit asphalt road in Killeen, Texas. While both driver and passenger initially survived the crash, they ultimately died as a result of their injuries. The accident victims’ relatives sued the city, claiming that the mound of dirt was a “special defect” for which the city was responsible. The city argued that the plaintiffs failed to give formal notice of the claim, as required under the Texas Tort Claims Act. In response, the plaintiffs argued that the city already had actual notice of the claim and therefore the plaintiffs should be excused from providing additional notice.

Under section 101.101(a) of the Texas Tort Claims Act, a claimant must provide a government entity with notice of a claim against it within six months of the “incident giving rise to the claim.” The notice must describe the incident, the time and place where the incident occurred, and the damage or injury that resulted. However, under section 101.101(c), a claimant does not need to provide notice if the governmental entity has “actual notice” that the claimant was injured, the claimant’s property was damaged, or that a death has occurred.

In a 2004 Texas Supreme Court case, the court held in order to have actual notice, the government must be subjectively aware of its alleged fault in the resulting death, injury, or property damage. The plaintiffs argued that the case should be overturned because this requirement was not part of the statute. However, the court declined to overturn its previous decision, and held that in this case, the city had actual notice.

Continue reading →

Published on: July 8, 2019

Man Charged with the Deaths of Seven Motorcyclists Was Previously Involved in a Texas Rollover

By Carabin Shaw

In late June, seven motorcyclists were killed and four seriously injured in a tragic accident that occurred when a pickup truck inexplicably veered out of its lane and into oncoming traffic, crashing into a group of ten motorcycles. Since the fatal accident, reports have surfaced indicating that the driver of the pickup truck involved in that fatal collision was also involved in a number of other incidents, including a Texas truck accident a few weeks earlier.

According to a local news report, on June 3, 2019, just three weeks before the fatal motorcycle accident, police responded to reports of a crash on Interstate 10 in Baytown. When they arrived, officers found a red Mack truck rolled over onto its side. The driver of the truck told police that another motorist cut him off, and that he lost control of the truck when he attempted to avoid a collision. Police officers were unable to locate any sign of the other vehicle, but did not cite or arrest the truck driver because there was no indication of intoxication or any other wrongdoing. However, the man was fired after this incident.

After looking into the man’s record more closely, reporters discovered that he was arrested back in February of 2019 for possession of a crack pipe. The man was placed on a deferment, meaning that the charges would be dropped if he stayed out of trouble. Just a week before the fatal motorcycle accident, the charges were dropped.

Continue reading →

Published on: April 29, 2019

Understanding Texas Car Insurance

By Carabin Shaw

Those who have been involved in a Texas car accident understand that the road to recovery entails more than just the healing of physical wounds. Being involved in a serious car accident takes an emotional toll on accident victims for several reasons, including the stress and potential difficulties that an accident victim may encounter when trying to obtain fair compensation for their injuries.

All drivers in Texas are required to maintain a certain amount of car insurance. Specifically, motorists must obtain a policy with coverage for at least $30,000 per person ($60,000 per accident) and $25,000 for personal property. These limits refer to the amount that the insurance company will cover for an accident caused by the insured.

Many Texas car accidents, however, result in damages far in excess of these limits. In these cases, an injured motorist may file a claim with the at-fault driver’s insurance company as well as with their own insurance company, under the underinsured motorist (UIM) provision.

Continue reading →

Published on: April 29, 2019

$125 Million Lawsuit Filed against The Weather Channel Following Fatal Texas “Storm Chasers” Car Accident

By Carabin Shaw

Earlier this month, a lawsuit was filed against The Weather Channel based on a 2017 Texas car accident that claimed the lives of all three men involved. According to a recent news report, the lawsuit seeks $125 million for the wrongful death of the accident victim, and was filed against The Weather Channel because the accident was allegedly caused by two of its employees.

Back in March of 2017, two storm chasers were filming footage for The Weather Channel show, “Storm Wranglers.” According to the plaintiff’s complaint, their vehicle ran a stop sign and collided with the vehicle of a 25-year-old storm spotter who was employed by the National Weather Service. At the time of the accident, it is claimed that the men were traveling at approximately 70 miles per hour. The force from the crash propelled the satellite equipment atop one of the vehicles over a five-foot fence, ultimately landing 150 feet away from the scene of the accident. All three men died as a result of the collision.

Family members of the deceased accident victim filed a case against The Weather Channel, claiming that the two men had a “well-documented history of dangerous behavior behind the wheel” that the Channel ignored and may have even encouraged. Family members claimed that The Weather Channel had knowledge of the men’s poor driving habits and encouraged them to run stop signs and violate other traffic laws to obtain exciting footage that could be included in the show. The complaint further alleges that The Weather Channel had ample opportunity to replace the men with “competent, law-abiding” drivers, but failed to do so.

Continue reading →

Published on: April 29, 2019

The Texas Recreational Use Statute and Its Limitations

By Carabin Shaw

As the second largest state in the U.S., Texas has a diverse range of terrain making it a great state for recreationalists. However, in Texas, approximately 95% of all the land is privately owned and landowners are not required to allow others on their land. To encourage landowners to open up their property for the public’s recreational use, Texas lawmakers have passed a recreational use statute (RUS). Texas recreationalists should be aware of the state’s RUS, as it can limit an accident victim’s ability to recover for their injuries through a Texas premises liability lawsuit, even if their injuries were the result of a landowner’s negligence.

Texas Statutes Chapter 75 discusses limitations on a landowner’s liability. Collectively, these statutes constitute the Texas RUS. Specific to this discussion, sections 75.002 and 75.003 pertain to the private, non-agricultural land that is used for recreational purposes. The RUS defines recreational activity broadly, including hunting, fishing, swimming, boating, camping, hiking, exploring, bicycling, dog-walking, and “pleasure driving”, among other activities.

Under the Texas RUS, a landowner who gives permission for others to enter their property for recreational purposes does not assure that the property is safe and does not owe their guest any greater duty than they would owe to a trespasser. Similarly, the landowner cannot be held liable for any injuries that are caused by the guest while on their property.

Continue reading →

Texas Injury Lawyer Blog