Personal Injury

Published on: March 14, 2021

Texas Mother Dead After Wheel Flies Off Truck

pexels-antonio-batinić-5364345-300x200 Every time we get behind the wheel in Texas, we must accept a certain level of risk as drivers. Even if we are careful, proactive, and courteous on the road, there is no guarantee that external factors will not cause a car accident. Other drivers, poor weather conditions, or unexpected obstacles on the road can all play a role in the chances of being involved in an accident. Unfortunately, for many of these accidents, there is nothing you can do to prepare outside of staying vigilant and ensuring your vehicle is properly maintained.

According to a local news report, a mother was killed after a tragic and sudden accident. The mother and her 17-year-old son were on their way home from a baseball game and were traveling southbound behind a white pickup truck when the tire and wheel from a pickup truck flew off. The tire and wheel went over the highway’s concrete barrier and smashed into the mother’s windshield, killing her instantly. At the time of the accident, the woman’s son was asleep in the front passenger seat. He was transported to the hospital with serious injuries. After the tire and wheel crashed through the mother’s windshield, she lost control and rear-ended a GMC ahead of her, which had four passengers. All four were transported to a local hospital, reportedly in serious, but stable, condition. The accident remains under investigation by local authorities, and the cause of the tire and wheel falling off is not yet clear.

According to officials, although this accident may seem like a freak accident, these types of collisions are more common than you may expect. Based on 2017 data from the National Highway Traffic Safety Administration, 738 people died in tire-related crashes similar to the accident that took the mother’s life. In addition, more than 19,000 people are hurt every year from these accidents, according to the National Transportation Safety Board. Many of these accidents, however, can be preventable or the impact lessened with some easy steps.

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Published on: March 10, 2021

PANDEMIC INCREASES ABUSE AND NEGLECT OF CHILDREN

By Carabin Shaw

pexels-maria-georgieva-3068579-300x201 The COVID-19 pandemic, which has resulted in economic challenges and substantial job loss, is raising concern for a greater spike in child abuse. Nothing is worse than receiving a call that your child has been injured or abused. It is worse when this call comes from their trusted child’s daycare facility.

If your child reveals something that makes you suspect they’ve been abused either physically or sexually, don’t overreact. Tell them you’re glad they told you about it. The National Center for Missing and Exploited Children (NCMEC) recommends consulting an expert such as a doctor, social worker, or law enforcement officer.

Don’t take your child back to the day care facility until you’re convinced it’s safe. If you believe your child has been harmed, seek medical attention. Take your children seriously if they tell you about something at daycare that makes them uncomfortable. With kids who are not talking yet, you’ll have to watch for other cues.

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Published on: December 14, 2020

Are Companies Liable for Accidents Caused by Texas Independent Contractors?

By Carabin Shaw

pexels-ian-panelo-3087484-200x300 Many 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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Published on: October 6, 2020

Recovering after a San Antonio Workplace Accident

By Carabin Shaw

pexels-oliver-king-4067795-300x200 Many 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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Published on: August 3, 2020

ACCIDENT INJURY REPORT: Woman Charged with Intoxication Assault After Family of 3 Struck by Car in Beaumont Neighborhood in Pedestrian Hit and Run

By Carabin Shaw

July 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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Published on: March 20, 2020

Texas Restaurants and Bars Have a Duty to Protect Patrons

By Carabin Shaw

adult-alcohol-bar-bartender-274192-scaled Under Texas premises liability law, restaurants and bars have a duty to protect their customers. However, the extent of this duty is often called into question in cases where someone is injured while visiting an eating or drinking establishment. In a recent opinion, the court was asked to determine whether the defendant bar owed the plaintiff a duty of care to protect him against the criminal acts of a third party.

According to the court’s opinion, the plaintiff and a friend were drinking at the defendant bar. While they were at the bar, there were no issues. However, at 3 a.m., when the bar closed, the plaintiff was attacked by another bar patron. The fight left the plaintiff permanently blinded.

The plaintiff filed a personal injury lawsuit against the bar, arguing that the bar was negligent for failing to take any steps to protect him against the criminal acts of the other bar patron. In support of his claim, the plaintiff pointed to the fact that the police had been called five times the previous year for fights occurring in the bar’s parking lot immediately after closing.

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Published on: February 20, 2020

ACCIDENT INJURY REPORT – Septic Tank Fall Claims Life of Two-Year-old in Aransas Pass

By Carabin Shaw

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Photo Credit: KRIS TV

(February 20, 2020 Aransas Pass, TX) A 2-year-old girl fell into a septic tank Wednesday evening of the 19th at the Paradise Lagoons RV Resort in Aransas Pass. The child identified as Charleigh Nicole Nelson had been walking on the lid of the tank when she fell in.

Rescue attempts were made by both family and neighbors, but they were unsuccessful. The Rockport and Fulton Volunteer Fire Departments along with Aransas Pass FD were called out but they were also unable to rescue the toddler. The rescue turned into recovery by calling in the Ingleside Volunteer Fire Department who was able to reach the body by lowering a firefighter into a 2 foot wide hole with a specialized rope. The tank itself was filled with over 2 feet of water in which the child had been submerged for over an hour.

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Published on: January 30, 2020

The Statute of Limitations for Texas Personal Injury Lawsuits

By Carabin Shaw

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Texas personal injury victims must understand and follow the state’s statute of limitations to ensure that their claims are addressed. The statute of limitations provides plaintiffs with a strict time period within which they can bring their lawsuits. This mechanism serves to protect defendants by encouraging plaintiffs to diligently and expeditiously pursue their claims. The statute of limitations also increases the overall reliability of evidence, by limiting the amount of time witnesses have to recount their experiences and preserving fragile physical evidence.

In most cases, the statute of limitations begins when the incident giving rise to the lawsuit occurs. A claim does not have to be heard by that time, but rather, plaintiffs must file their cases within that time. Generally, under Texas law, assault and battery, false imprisonment, legal malpractice, medical malpractice, personal injury, property damage, product liability, trespass, and wrongful death claims must be filed within two years of the incident. The plaintiffs must file contract and fraud claims within four years and slander and libel claims within one year. However, each of these statutes of limitations has exceptions and nuances that may apply on a case-by-case basis.

There are two crucial exceptions to the Texas personal injury statute of limitations; the discovery rule, and tolling. Plaintiffs may be able to assert the discovery rule when their injuries cannot be linked to a specific date. For example, when a person suffers injuries as a result of toxic chemical exposure at their workplace, they may not be able to pinpoint the exact time of exposure. In these situations, the signs and symptoms associated with the incident may occur slowly, making it impossible for a plaintiff to know that they were injured within the statute of limitations. In these cases, the statute of limitations may not begin to run until the plaintiff becomes aware of their condition, or reasonably should have become aware of it. The tolling exception allows plaintiffs to extend the time period under specific situations. Some common examples of tolling occur when a prospective plaintiff is incompetent or during the time that they were a minor.

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Published on: December 19, 2019

Boeing Halts production of Max 737

By Carabin Shaw

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Special Reporting: Jesse E. Guerra Jr. Of Counsel attorney with Carabin Shaw PC

The recent decisions by Boeing to halt production of an obviously danger prone aircraft is a nice call to action in the world of safety. Often, it seems profits come before safety and it appears Boeing is attempting to put safety first in their decision despite the ripples that will no doubt be felt economically worldwide by Boeing and the transportation industry.

Article New York Times – After Boeing Halts Max Production, Suppliers Wait for Fallout