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Articles Tagged with Wrongful Death

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pexels-pixabay-289737-300x200Whether you’re sending your children to college for the first time as a parent or you’ve had an empty nest for a while, the start of an undergraduate career is often every bit as exciting as it is nerve-wracking. On the one hand, you’re proud of your kids for making it this far, but also nervous about what it’ll mean for them being on their own for the first time. However, no one ever expects to get bad news and hear that their children were involved in a major accident while away from home. When these incidents occur, those responsible can be held accountable through a Texas wrongful death or personal injury lawsuit.

According to a recent news report, two Dallas Baptist University students were killed in a deadly car crash. Both students had only just arrived on campus for their freshman year and were passengers in a friend’s car when the at-fault party crashed into their vehicle. Authorities reported that three other students were also involved in the accident and are recovering from non-life-threatening injuries. Currently, the investigation is still ongoing, and it is unclear if the responsible driver will be facing charges or if drugs or alcohol played a role in the accident.

In Texas, following an accident like this one, there are several legal actions you can take. Perhaps the most common is assessing whether you have a wrongful death claim. When a person passes away because of another person’s wrongful actions, you may have grounds for a claim. More specifically, in Texas, the death must have come about due to a “wrongful act, neglect, carelessness, unskillfulness, or default.”

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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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https://www.texasinjurylawyersblog.com/files/2020/10/Screen-Shot-2020-10-05-at-8.36.05-PM.pngOctober 5, 2020:  The Texas Department of Public Safety has identified the victims of the September 27, 2020 head-on crash on SH 105 about a mile east of FM 2518 in Tarkington northeast of Houston.

Two of the deceased victims are from Houston while the third is from Hardin County. They are Francisco Rivera-Rosas, 33, of Houston, who was driving the black Chevrolet pickup that veered into the path of another black Chevrolet pickup driven by Timothy Gannon, 56, of Saratoga. Both drivers were killed as well as a backseat passenger in Rivera-Rosas’ vehicle – Juan Salgado, age unknown. 

Two other passengers were traveling in Rivera-Rosas’ vehicle – his 15-year-old son, who was uninjured, and 43-year-old Juan Salgado-Alvarez, 43, of Houston, who was seriously injured. Gannon’s wife, Kimberly Gannon, 57, also suffered serious injuries.

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https://www.texasinjurylawyersblog.com/files/2020/09/Screen-Shot-2020-09-22-at-9.39.24-AM.pngMonday, September 21, 2020:  HOUSTONTwo women riding in the back of an Uber are dead after police said a pursuit suspect crashed into the car they were in. Police said the driver they believe is responsible is now facing felony murder charges. 

Officers said the crash happened at the intersection of Jensen and Parker around 11:30 Saturday night. According to police, they were chasing a vehicle after a driver, identified as 45-year-old Brian Okeith Tatum, reportedly ran a red light. He was estimated to be driving more than 100 mph.

Houston police say it started when Harris County deputies tried to stop a driver for running a red light. The driver didn’t stop, but instead took off at a high rate of speed and slammed into the rideshare car.

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https://www.texasinjurylawyersblog.com/files/2020/09/Screen-Shot-2020-09-15-at-5.27.39-PM-1.pngTuesday, September 15, 2020:  BAYLOR COUNTY, Texas — Multiple first responder units were on the scene of a crash involving a Greyhound bus and a pick-up truck at U.S. 277 and U.S 183 in Baylor County, Texas on Monday afternoon.

The bus was headed eastbound on Highway 277 between Seymour and Wichita Falls in Mabelle when a pickup truck coming southbound on Highway 183 collided with the bus.  The collision being hard enough to push the bus off the road and on its side.

https://www.texasinjurylawyersblog.com/files/2020/09/Screen-Shot-2020-09-15-at-5.26.13-PM-300x165.pngA Texas Department of Public Safety Sergeant said one passenger was confirmed dead, who has been identified as James Dayton Jones, 40,  and multiple passengers were seriously injured. There were 29 passengers on the bus, including some that had been picked up in Lubbock.

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https://www.texasinjurylawyersblog.com/files/2020/09/Screen-Shot-2020-09-01-at-4.06.53-PM.pngSunday, August 30, 2020: HALTOM CITY, TEXAS: Three people are dead after a crash involving a wrong-way driver Sunday night in Haltom City, police say.

The crash happened at about 8:35 p.m. on the eastbound side of Interstate Loop 820 near U.S. Route 377, according to Haltom City police.

Police said a blue Chevrolet pickup truck was traveling westbound on the eastbound side of the highway and crashed into a grey BMW. When officers arrived, the BMW had caught fire.

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https://www.texasinjurylawyersblog.com/files/2020/08/Screen-Shot-2020-08-31-at-6.28.40-PM.png
Saturday, August 29, 2020: HARRIS COUNTY, Texas — A teen has died after he was electrocuted in a hotel pool Saturday afternoon in north Houston. The incident happened at the North Villa Inn located on the 16500 block of the North Freeway and North Vista Drive.

Harris County Pct. 4 deputies say a 15-year-old juvenile was in the hotel’s pool when he was electrocuted. Officials said the teen’s father pulled him out of the pool and paramedics performed CPR.  The teen was transported to a nearby hospital where he later died.  Exposed wiring in the pool may have been the cause of the electrocution, the Harris County Sheriff’s office is investigating.

https://www.texasinjurylawyersblog.com/files/2020/08/Screen-Shot-2020-08-31-at-6.49.55-PM-300x186.pnghttps://www.texasinjurylawyersblog.com/files/2020/08/Screen-Shot-2020-08-31-at-6.51.50-PM.png
Swimming Pool Safety Tips

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pexels-acharaporn-kamornboonyarush-1028742-300x200We’ve all been distracted while driving at some point while navigating our vehicles. Whether it’s exhaustion from a full day of work causing you to doze off or an urgent phone call out of nowhere from the office, we’ve all had a moment where we’ve zoned out while driving. However, not everyone is fortunate enough to emerge from these situations safe and sound. Often, accidents occur as a result of drifting off or distracted driving, and can have enormous, disastrous impacts. When such accidents occur and tragedy strikes, those who cause them can be held responsible for their actions.

In a recent news report, local authorities say that five people were killed, including three young children, in a major vehicle collision in West Texas. The Texas Department of Safety said that a young individual was driving an SUV when it drifted into a lane and collided with a pickup truck. The SUV driver and the pickup truck driver were both killed as a result of the crash, as well as the three children who were riding as passengers in the SUV. Officials say that the crash is still under investigation and that weather conditions were clear.

In Texas, filing a wrongful death claim can be complex. The state defines that such actions can be brought if someone’s “wrongful act, neglect, carelessness, unskillfulness, or default” results in another person’s death. Additionally, only certain parties may bring a wrongful death claim. For example, in Texas, the children, parents, and surviving spouse of the deceased may file such claims. Any number of qualifying parties can file a claim on their own, or they can choose to file all claims collectively. Adult children may also file wrongful death claims over the death of a parent in Texas. However, the law does not permit siblings to pursue wrongful death claims after the loss of a sister or brother.

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pexels-anna-shvets-3987150-200x300Following the initial COVID-19 outbreak in the United States earlier this year, thousands of Americans flooded stores in search of hand sanitizer and other cleaning supplies. Many stores were completely wiped out from the start of the pandemic of such supplies and have taken several months to restock these products because of demand. In preparation for the uncertainty associated with the pandemic, many Texans purchased large quantities of these products. However, recent FDA recalls indicate that some of these sanitizing products may be causing members of our community to become ill. These recalls may be the basis for a Texas product liability claim.

According to a recent article, federal regulators from the Food and Drug Administration (FDA) have been urging consumers to avoid more than 130 hand sanitizers that were previously available through stores such as Walmart and other national major retailers. The agency has cited that many of these products lack the sufficient level of alcohol necessary to effectively kill germs or that the products contain dangerous and potentially deadly levels of wood alcohol.

With hand sanitizer demand skyrocketing during COVID-19, a new rush of brands manufacturing hand sanitizer has entered the market. However, while many of these products claim to contain ethanol (otherwise known as ethyl alcohol), FDA tests have shown that they actually contain methanol, or wood alcohol. Methanol can potentially be toxic when absorbed through the skin and could even cause blindness or death if consumed. Because many products have been mislabeled, consumers would be unable to tell which items actually contain methanol. The FDA has kept an updated list of recalled products on its website for easy reference.

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architecture-blue-building-cool-261372-300x200Every year, hundreds of residents enjoy the outdoors by swimming at their local apartment, hotel/resort, or community swimming pools. A beautiful breeze and the refreshing waters of swimming pools make these gathering places a fun activity for families. No wonder that the pools are the center of summer fun where family members of all ages relax and enjoy the outdoors together.

Despite the benefits and pleasures swimming pools provide to its users, there are also risks involved.

In fact, swimming pool accidents are one of the most common types of accidents reported in an apartment complexes, hotel complexes, or community neighborhood pools.  If a serious injury happens due to negligence or worse yet, a drowning, at one of these public venues, you do have someone to turn to for help and advice at Carabin Shaw

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