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Articles Tagged with Personal Injury

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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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medical-tools-placed-on-tray-in-modern-clinic-3884085-300x200A recent case provides insight for Texas plaintiffs suing manufacturers for injuries caused by their products. According to the court’s opinion, the plaintiff was injured after her dentist inappropriately used a product to clean her dentures. The plaintiff later suffered significant injuries when the dentures were placed in her mouth. After suing the dentist and the product’s manufacturer, the plaintiff’s claim against the manufacturer was dismissed by the United States 5th Circuit Court of Appeals.

The plaintiff’s claim against the manufacturer was based on a failure to warn. The theory underlying failure to warn claims is that a product’s manufacturer has a responsibility to warn users of harmful effects. As one court explained, “in a failure-to-warn case, the plaintiff must show that the warning was defective and that this…was the producing cause of the plaintiff’s injury.” These cases typically come down to a question of whether the warning was adequate. In other words, a plaintiff will generally be able to recover if the judge or jury believes that the manufacturer’s warning was not sufficient to warn the plaintiff against the type of injury that occurred.

In this case, the plaintiff’s claim was unsuccessful because the product’s label contained language warning against using the product in the manner that caused the plaintiff’s injury. The warning label on the product stated that it was not to be used to disinfect dentures or the surface of any other instrument that would come into contact with mucous membranes. By instructing his assistant to soak the dentures in the product for fifteen minutes before placing the dentures back in the plaintiff’s mouth, the dentist caused the plaintiff’s injury by using the product in the exact manner that the warning label prohibited. When a product’s warning warns against the very activity that causes injury, the warning is deemed adequate as a matter of law, and the plaintiff’s claim automatically fails. For this reason, the plaintiff’s claim was unsuccessful.

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https://www.texasinjurylawyersblog.com/files/2020/07/Screen-Shot-2020-07-03-at-10.05.14-PM.pngFriday, July 3, 2020, SAN ANTONIO, TEXAS–Fireworks are a time-honored and much beloved tradition on the July 4th Weekend.  But this year, fireworks celebrations across the country may be cancelled or reduced due to Covid-19. Many people will now celebrate the holiday at home or at a neighbor’s house. Here are suggestions for staying safe and avoiding a visit to the hospital from do-it-yourself-home fireworks.

Backyard fireworks can be dangerous, causing serious burns, eye injuries and even death. According to the American Academy of Pediatrics, fireworks should only be handled by a well-trained adult — and that includes sparklers.

Children under 15 account for more than a third of the injuries, which included burns and wounds to the hands, fingers and arms, the head and face, and eyes. Some of the most severe and fatal injuries happened when lit fireworks seemed not to work correctly and were being held by the victim when they exploded.

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https://www.texasinjurylawyersblog.com/files/2020/05/Screen-Shot-2020-05-08-at-12.08.11-PM.pngTuesday, May 5, 2020:  OLDHAM COUNTY, TexasTwo people are dead and another suffered serious injuries after a wreck on Tuesday between a car and semi-trailer on Interstate 40, about 15 miles west of Adrian in Oldham County.

According to the Texas Department of Public Safety, at about 11:55 a.m., a 2005 truck-tractor with a semi-trailer, driven by 30-year-old Ali Mohamed, of Columbus, Ohio, was traveling west on I-40 followed by  Cadillac passenger car, driven by 26-year-old DCarlos Benton, of Rochester, Illinois.

The Cadillac failed to control its speed and struck the semi-trailer. Benton and passengers, 22-year-old Hayden Stout, of Springfield, Illinois, and 21-year-old Tavin Benton, of Fullerton, California, were all ejected from the Cadillac.  After the crash, the Cadillac caught fire and burned. Oldham County Justice of the Peace Kristy Homfeld pronounced both Stout and Tavin Benton dead at the scene. 

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