Articles Tagged with Wrongful Death

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Here at Carabin Shaw, we are concerned about making Texas roads safer and our state an even better place to live. Kxan reports that in Austin, “On average, more than 11 people have died each day in traffic-related accidents on Texas roadways in 2021, state transportation leaders said Thursday. Each of these deaths has contributed to the state’s nearly 21-year streak of at least one traffic death per day.” 

Bob Kaufman, the Texas Department of Transportation chief communications officer, stated. “We have a real crisis in our state,”

On Thursday, in a conference, the Texas Department of Transportation officials (DOT) broke down avoidable components that have given rise to more than two decades worth of traffic fatalities. The Texas Department of Transportation official, Michael Chacon, stated on Thursday that there were 3,556 fatalities statewide in 2021. In 2020, 3,896 individuals lost their lives in fatal traffic accidents in Texas. The total deaths figure was the highest it’s been in almost 30 years. 

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Bringing new life into the world is one of the most joyous occasions an individual can experience. When someone becomes a parent, the world changes instantly and all prior priorities fade. That means that when something tragic happens to a baby, the pain is beyond description.  

In recent years, several baby formulas have been linked to birth defects, especially in premature babies. One of the most commonly developed conditions is a serious gastrointestinal illness known as Necrotizing Enterocolitis [NEC]. According to the U.S. National Library of Medicine, 40% of babies with NEC die from it. 

If your child is suffering from NEC, you may be eligible for a baby formula lawsuit. It is vital to contact the Carabin Shaw NEC attorneys as soon as possible.   

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https://www.texasinjurylawyersblog.com/files/2021/05/Screen-Shot-2021-05-24-at-12.31.46-PM-300x140.pngA family initiated a Texas wrongful death lawsuit against SpaceX following a car accident outside its launch site. According to a recent news report, the tragic accident occurred when the family left a campsite early after officials called for an evacuation because of rising tides. While driving home, the family was involved in a harrowing accident with a large semi-truck that was stopped in front of SpaceX. The accident took the life of the 35-year-old husband and father and resulted in serious injuries to the man’s wife and three young children. An autopsy report states that the man died from “blunt force” trauma due to the motor vehicle collision.

The family filed a wrongful death lawsuit alleging that SpaceX was grossly negligent because they failed to provide adequate lighting and warnings around their facility. Further, their claim contends that the spacecraft and rocket manufacturer did not maintain procedures to direct stopped or obstructive delivery vehicles to avoid these types of accidents. Moreover, the family maintains that the company, and not the local government, maintains responsibility for addressing the increased traffic that their company begets. The family argues that the company prioritized quick completion of their facility rather than the safety of those traveling on the dark and narrow roadway. In response, the company purports that the family, not the company, maintains responsibility for the collision. The company’s attorney stated that the man failed to use necessary “care and caution,” as is expected of a reasonably ordinary person when navigating the highway.

This case presents many issues regarding who maintains responsibility for maintaining Texas roads. There are many reasons that Texas roadways fall into disrepair and become dangerous hazards to motorists. While city planning and infrastructure development may address the party responsible for designing a dangerous roadway, it still leaves the question of who is responsible for road maintenance. In these situations, many parties may hold responsibility for repairing and modifying roadways to meet current demands. A federal, state or local government may all hold some responsibility for a road’s upkeep. However, the question only gets more complex when a large business drastically impacts a roadway. In these cases, fault and liability may become more convoluted. It is crucial that those who suffer injuries on a Texas roadway contact an attorney to discuss their rights and remedies.

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https://www.texasinjurylawyersblog.com/files/2021/05/Screen-Shot-2021-05-09-at-9.51.14-PM.pngMay 9, 2021:  KILGORE, Texas (KETK) – An East Texas toddler who was fighting for his life after a swimming accident at a Kilgore Texas hotel has died.
Luke Wayne Killough, age 2, died Friday, April 30 due to brain trauma.  Luke was about to go swimming with his 4-year-old sister on Sunday, April 25 at the Kilgore Holiday Inn and Suites when he fell into the hot tub. His sister tried to save him but was unable to do so.  She ran to her father, Scott Killough, who was nearby caring for his baby to tell him. Luke’s mother Dominique Killough said that the child told her father that her “boogie”, a nickname for her brother, was floating face-down in the hot tub.
According to the mother, Scott raced over, pulled Luke from the water and helped Luke throw up food that had become stuck in his throat.
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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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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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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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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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pexels-pixabay-263402-300x199When a Texas chain-reaction car accident occurs, it can often have devastating consequences. On top of potentially being more likely to cause injuries or death, these collisions are often more complex because of all of the parties involved. Establishing an accurate timeline that maps out exactly how the crash happened and who should be assigned which portion of fault can be a significantly challenging issue on its own. However, if a fatality follows an already complex series of crashes, the situation becomes even more complicated to navigate.

According to a recent local news report, a series of car crashes involving four vehicles left a teenage boy dead. The incident started when a Mercedes broke down on the side of the road when it ran into mechanical issues. Both occupants exited the Mercedes, and moments later, a Dodge pickup saw the Mercedes and stopped behind it. A Nissan traveling on the same road with a 17-year-old passenger slammed into the back of the Dodge pickup and hit another car on the road. The series of crashes concluded when the Nissan crashed into the rear of the Mercedes, which pushed it across the median and into the feeder road. The 17-year-old teenager who was riding in the Nissan did not survive the crash. Firefighters worked for nearly 45 minutes to free the driver of the Nissan, who barely escaped fatal injuries and was transported to a local hospital. According to law enforcement, there was no reason to believe that drugs or alcohol played a role in the crash, and the accident was likely caused by speeding.

In Texas, if a fatality occurs following a crash, it could potentially give rise to a wrongful death claim. Potential plaintiffs must understand the mechanics of bringing these claims. First, the party bringing the claim must prove that the deceased was not responsible for causing their own death and that it resulted from the negligence of another party.

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