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Articles Tagged with Personal Injury

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https://www.texasinjurylawyersblog.com/files/2021/02/Screen-Shot-2021-02-11-at-5.07.17-PM.pngThursday, February 11, 2021, DALLAS/Fort Worth:  Traffic crews and medics responded to several fatal car accidents overnight in North Texas as icy roads caused difficult driving conditions for people. At least eight deaths have been confirmed, officials said. 

Pileup crash on I-35W in Fort Worth

More than 75 vehicles were involved in a massive pileup crash Thursday morning on Interstate 35W in Fort Worth, including several 18-wheelers, officials said. A number of people were trapped hours after the crash happened around 6 a.m. 

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https://www.texasinjurylawyersblog.com/files/2020/12/Screen-Shot-2020-12-22-at-12.55.37-PM.pngDecember 22, 2020: ELLIS COUNTY (CBSDFW.COM) — Two family members were killed, and two others were injured after a tragic December 14 crash involving a passenger van and a semi tractor-trailer.

Officials with the Milford Police Department confirm two people in the van died and two others were injured — one serious, one minor — in the afternoon crash on Interstate-35E in south Ellis County.

It was around 5:30 p.m. when police were called out on a “two vehicle major accident”. Once there officials said they quickly realized they needed help and called in more than half-dozen agencies — including DPS, Italy Police and Fire, and Ellis County Sheriff’s deputies.

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pexels-ian-panelo-3087484-200x300Many Texas companies hire independent contractors because of their cost-effective nature. With an independent contractor, companies can use the contractor for a particular project when it needs to be done and are free from being tethered to the particular contractor when the work is complete. When a contractor’s actions cause an accident, however, there is a question of liability on the company’s part. Is the contractor or the company responsible? It can often be a complicated question.

For example, in a recent Texas Supreme Court opinion, the court considered a case involving the liability of a company that hired an independent contractor. When a Texas utility company entered into a contract with an independent contractor, the utility company issued a work order for the independent contractor to remove a utility pole. To remove the pole, it needed to be pulled out of the ground, and then the hole would be filled with dirt. The independent contractor completed the project and filled the hole, and another company that the utility company contracted with to inspect the work of its contractors confirmed that the job was complete. The plaintiff was mowing her lawn when she stepped into a hole that was two and a half feet deep in the area where the pole had been removed. The plaintiff sued the utility company, its independent contractor, and the company responsible for checking the contractor’s work for negligence. The trial court and court of appeals sided with the defendants by granting summary judgment, and the plaintiff appealed.

On appeal, the plaintiff argued that the utility company owed a duty to her to ensure that the independent contractor performed its job in a safe manner. Because the removal of the pole was inherently dangerous work and the utility company had a contractual right to control the independent contractor, they owed her a duty. However, the court disagreed and sided with the defendants, arguing that there was no duty on the part of the utility company to the plaintiff.

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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-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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pexels-energepiccom-174936-300x225Tuesday, September 8, 2020:  The Texas Department of Public Safety is investigating a fatal auto-pedestrian crash in Edinburg Sunday evening that left one girl dead and another injured.

According to the release, the accident occurred around 10 p.m. on Owassa Road between Tower Road and Val Verde Road where a woman driving a blue 2005 Chevrolet Tahoe struck two pedestrians.

The release says the woman was allegedly speeding and under the influence of alcohol and continued driving west on Owassa. She was later found near Earling and Tower roads.

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https://www.texasinjurylawyersblog.com/files/2020/08/Screen-Shot-2020-08-03-at-12.11.27-PM.pngJuly 29, 2020:  BEAUMONT, Texas — A 21-year-old Beaumont woman has been charged after police say the car she was driving struck two adults and a child in a west end Beaumont neighborhood Wednesday evening.

Kenlie Davis, 21, of Beaumont, was arrested near the scene and later charged with three counts each of intoxication assault and failure to stop and render aid according to a Thursday news release from the Beaumont Police Department. 

When officers arrived on the scene on Oak Trace Drive, they found the three victims in the street suffering from multiple injuries and the vehicle unoccupied in the grass nearby according to the release.

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car-crash-cartoon-pictures-19-300x210When someone gets into another’s car as a passenger, they hope that the driver is safe and alert while operating the vehicle. Sometimes, however, even when the driver exercises the utmost care and attention while driving, Texas car accidents can happen because of recklessness or negligence from other careless drivers on the road. When collisions involving these circumstances result in a tragedy, families left in the wake of the incident deserve to be compensated for their loss.

In a recent news report, a fatal Texas car crash resulted in the death of two young individuals. At around 6:00pm in the evening, a 19-year-old was driving east and did not yield the right-of-way as a pickup truck was heading north. The truck collided with the passenger side of the 19-year old’s vehicle, and the driver died at the scene. His passenger, a young 20-year-old woman, was flown by air ambulance to a hospital nearby, where she later passed away. The Texas Department of Public Safety and its troopers are still investigating the fatal crash, which occurred west of Fort Worth.

Following an accident like this one, holding the driver liable through their insurance company is the natural next step. In Texas, it matters who was responsible for the accident, so the injured party will be required to present their claims to the insurance company of the at-fault driver. The insurance company will then either negotiate a settlement or deny the claim. Texas also recognizes comparative negligence, which may pose a challenge if the injured party’s own negligence contributed to the crash. However, an accident victim would still be eligible to receive compensation as long as you were not more responsible for the accident than the other driver. If a motorist negligently contributed to the car accident, the amount of compensation received would be reduced by their own percentage of fault.

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https://www.texasinjurylawyersblog.com/files/2020/07/Screen-Shot-2020-07-25-at-11.54.37-AM.pngYou don’t have to live near an ocean, lake, or river to be subjected to flash flooding brought on by heavy rains that have nowhere to go.

Flash floods may be one of the most dangerous weather-related phenomena because they can happen anywhere. The water rises so fast and flows so swiftly that roads can be particularly dangerous. 

Nearly every town and city across the country is vulnerable to storm drains and sewer systems overflowing and/or backing up because of too much rain for them to handle or debris clogging them

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