Articles Tagged with Wrongful Death

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pexels-pixabay-263402-300x199Saturday, March 27, 2021, Mineloa, TX:  Two people died after the back tire separated from a vehicle and caused a rollover crash on Saturday in Wood County.  The driver of an SUV, Robert Guy Marino of Tyler, was pronounced deceased Monday morning.  The passenger, Cathy Marks, 64 also of Tyler died at the scene Saturday.

According to DPS, the driver of a Ford Explorer was traveling north on US 69 at around 1:20 p.m. Saturday when a back left tire came off the vehicle, causing the driver to loose control.   The Explorer traveled off the road into the eastbound ditch where is rolled over.  The driver, Marino, was not wearing a seatbelt and was transported to UT Health Tyler in serious condition where he later died.

DPS said the crash is still under investigation.

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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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https://www.texasinjurylawyersblog.com/files/2021/03/Screen-Shot-2021-03-14-at-9.34.32-PM-300x232.pngSunday, March 14, 2021:  ABILENE, Texas — The Abilene Police Department responded to a major vehicle crash at approximately 1:05 p.m. Saturday, March 13 at US Highway 36 and Blackburn Road.  When officers arrived at the scene, they found a pickup truck and a Dodge Challenger that had both driven off the road and the Challenger was on fire.
Witnesses said the Challenger, driven by James Wells, 59 was traveling north on US Highway 36 at a high rate of speed, passing vehicles on the two-lane road.
Wells tried to pass the pickup truck driven by Mark Rodgers, 39 of Abilene near the Blackburn Road intersection. A vehicle in the oncoming lane caused Wells to try to get back in his lane but clipped the Rodgers vehicle in the rear, causing it to veer off the road and hit a tree before stopping in a field.  Rodgers was pronounced dead at the scene while his wife and three children (ages 8, 10, 11) who were also in the truck where taken to the hospital for treatment.  Their condition is unknown.  Wells was also taken to the hospital for his undisclosed injuries.
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https://www.texasinjurylawyersblog.com/files/2021/02/Screen-Shot-2021-02-11-at-5.41.11-PM.png
In the United States, wrong-way accidents can kill hundreds of people every year. These accidents can be particularly deadly when compared to other types of collisions, and account for as many as 54 percent of traffic accident-related deaths in previous years. In the event of one of these devastating accidents, if someone you love is killed because of the neglect and carelessness of another driver, you may have grounds for a personal injury or wrongful death suit for monetary damages.

According to a local news report, two San Antonio residents and four others were killed after a wrong-way accident. Evidently, two vehicles crashed into each other head-on, resulting in one driver being pronounced dead on the scene and his passenger succumbing to her injuries after being transported to a local hospital for treatment. The other victims who died were between 18 and 24 years old, and three other unidentified passengers were taken to the hospital for medical care. Following the accident, local authorities are still investigating the accident’s details.

In Texas, you may be eligible for filing a wrongful death claim on behalf of a loved one if that individual died due to a wrongful act, neglect, carelessness, or unskillfulness from the at-fault party. Car accidents that result in a wrongful death are a common claim in Texas, but not everyone is eligible to bring a claim on behalf of the deceased. If you decide to file a wrongful death lawsuit, you must either be the deceased’s surviving spouse, child, or parent. Children who are legally adopted, surviving adoptive parents, and personal representatives of the deceased’s estate can also file a wrongful death claim.

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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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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-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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pexels-pixabay-263402-300x199December 17, 2020:  A Universal City woman died on Interstate 35 on Saturday night December 12th after an SUV crashed into her parked car, sending her into incoming traffic, according to officials.

Karla Barraza, 21, was standing in front of her Volkswagen Jetta, which was disabled in the 21500 block of the southbound side of the highway in Schertz, when a Nissan Rogue crashed into it around 10:51 p.m., Schertz police said in a statement.

The collision threw her into a northbound lane, where she was hit by a passing car, according to the statement.

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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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