El Paso Personal Injury Attorneys Blog

Texas woman killed in I-20 crash

2013-05-17T22:20:04Z

On May 10 a Texas woman was killed in an automobile accident that occurred shortly after 9:45 a.m. The collision occurred on Interstate 20 near Rankin Highway. Traffic in the area had been slower than normal due to two minor collisions that had occurred nearby.

A Ford Expedition was hit from behind by a semi-truck that failed to stop. The impact caused the Ford to roll over. The semi-truck then continued and hit the driver's door of a Pontiac Grand Prix in front of the Ford. The 33-year-old driver of the Pontiac was pronounced dead at the scene of the auto accident.

]]> A passenger in the Pontiac was taken to Midland Memorial Hospital for treatment of unspecified injuries. One of the occupants of the SUV also received treatment. Both were released from the hospital that afternoon. The driver of the SUV did not report any injuries. Police are investigating what may have caused the accident. It has not been determined whether the driver of the 18-wheeler may face charges. The road was closed for several hours while emergency responders attended to the scene.

Regardless of whether police ultimately seek criminal action against the driver, the victims of the accident may be able to press a civil suit. Any person who is injured due to another person's careless driving may be able to recover damages. A personal injury attorney may be able to help obtain compensation for lost wages, medical bills, and pain and suffering. Family members who lose a loved one may also be able to recover funeral costs.

Source: CBS7 News, "Woman Killed in I-20 Wreck Has Been Identified 5/10/13", May 10, 2013

Police kick off Motorcycle Safety Awareness Month

2013-05-15T22:20:04Z

In Texas, Austin police have taken measures against the rise in motorcycle accidents by kicking off Motorcycle Safety Awareness Month, which is in May, with a ride through downtown Austin. The police were joined by about 20 members of the Patriot Guard. According to police officials, there had already been six fatal motorcycle accidents by May of 2013, and they are hoping to remind the city's drivers to be careful. The riders of the Patriot Guard usually have flags on the back of their bikes in honor of fallen soldiers and first responders, but during this ride, their flags bore the phrase, 'Look Twice" instead.

The phrase "Look Twice" means to look left, right and then left again, according to officials. Because most drivers are conditioned to look only for cars, looking twice may encourage drivers to become more aware of motorcyclists with whom they share the road. 89 percent of motorcycle accidents in Austin resulted in death or injury.

]]> In approximately half of the accidents involving motorcycles, the driver said that they didn't even see the motorcyclist riding. Even though motorcycle accident fatalities went down six percent between the years 2011 and 2012, this initiative hopes to bring those numbers down even further.

While initiatives such as these aim to reduce the number of accidents caused by driver negligence, they will not solve the problem completely. If someone you love was hurt or injured in a motorcycle accident, it may be wise to seek legal counsel in an effort to mitigate financial losses from lost wages and medical bills. A personal injury attorney may be able to help determine who was at fault and achieve a fair settlement.

Source: KHOU, "Motorcyclists ride through Austin to raise safety awareness", Ashley Goudeau, May 03, 2013

Penalty for hit and run auto accident may soon increase

2013-05-11T21:17:01Z

The family of a pedestrian killed in a car accident has worked to change the law after the criminal case against the driver failed to satisfy their need for justice. Under Texas law, Intoxication Manslaughter is a serious charge, but Failure to Stop and Render Aid carries a lesser sentence. A drunk driver may receive a lesser penalty for fleeing the scene of a car accident instead of stopping to provide assistance.

A bill intended to raise the penalty of Failure to Stop and Render Aid in conjunction with fatal injuries to the same level as Intoxication Manslaughter has passed both the Texas House and Senate by unanimous vote. It is currently awaiting approval by the governor. A related bill, which imposes additional criminal penalties on individuals failing to stop after any accident that may have resulted in injuries, is also under consideration.

]]> The impetus for these bills largely came from the family of the hit and run victim. However, it is questionable whether the legal change would have affected sentencing in the driver's trial. The driver was a legislative aide who hit and killed a pedestrian. The driver claimed during the trial that she did not know she had hit a person. The jury returned a guilty verdict for the charge of criminally negligent homicide, but other charges were not upheld.

Losing a loved one in a a car accident is always tragic. The family suffers more from a hit and run with the knowledge that their loved one died alone. Whether or not criminal charges against such drivers result in a satisfying verdict, the family of car accident victims may seek compensation for damages through an auto accident lawsuit.

Source: KXAN.com, "Families close to hit-and-run law change", Chris Sadeghi, May 06, 2013

Fatal explosion may point to need for regulations

2013-05-09T21:17:01Z

First responders were killed and injured and homes were destroyed in West, Texas when an explosion occurred in a fertilizer plant. A fatal incident such as this has naturally caused legislators to have an investigative hearing. At this hearing, it was once again mentioned that the state does not have its own Occupational Safety and Health Administration and the federal agency is unable to do inspections due to underfunding. The plant involved in this premises liability incident had only been inspected once in 30 years.

The State of Texas does not have a state OSHA such as those that exist in other states as it has been the practice to keep regulation to a minimum and encourage economic growth. This philosophy can leave workers in hazardous conditions if companies do not want to go to the expense to meet safety standards. If a state OSHA had existed, there would have been regulations set up in this factory in West to protect the workers and the community might have been protected from this devastating loss.

]]> The state legislature can vote to increase regulation on commercial enterprises that use dangerous chemicals as part of their product. The act of protecting the workers of the state might also end up protecting the surrounding citizens as well. There is the potential of problems in large city industrial factories as well as rural fertilizer concerns.

The owners of this fertilizer plant may well be found liable for the deaths, injuries and extensive property damage caused by the explosion. If there had been OSHA regulations in place, they may also have had to face criminal charges brought by the state. The people of West who lost their homes and whose family members died may be able to get some compensation in civil case.

Source: Dallas News.com, "Thomas McGarity: West explosion proves Texas needs a state version of OSHA", Thomas McGarity, May 05, 2013

Texas sheriff's office claims no wrongdoing in inmate suicide

2013-05-03T19:49:48Z

The Hays County, Texas, Sheriff's Office has refused to admit any wrongdoing in its actions connected to the suicide of an inmate who was incarcerated at the time of his death. The family, distraught at losing a loved one, has filed a wrongful death lawsuit against the sheriff and eight employees on behalf of the 25-year-old victim who was found in his cell hanging by the neck. He died two days after the incident.

The Texas Civil Rights Project is helping the mother of the inmate in her legal action against the sheriff's office. The mother claims that the department violated her son's constitutional rights by failing to provide mental health counseling or services, despite the fact that the young man had expressly stated that he intended to kill himself. The suit also states that employees were aware that the young man suffered from a bipolar disorder and did not protect him from his own actions.

]]> The HCSO claims that the inmate denied having any psychiatric conditions and that they had no knowledge of his condition. The young man spent 14 months in the jail prior to his trial. The family claims that most of his jail time was due to non-violent offenses related to his mental disorder. The mother claims that her son was molested as a child and suffered post-traumatic stress disorder in addition to other mental issues.

Government agencies such as law enforcement divisions and prison officials can be held responsible for injuries to inmates if it can be shown that they acted negligently. A personal injury attorney may represent the family of such a victim in a wrongful death suit and may be able to help the family recover damages.

Source: Hays Free Press, "Sheriff claims 'no wrongdoing' in suicide lawsuit," Kim Hilsenbeck, April 24, 2013

Nissan recalls vehicles over brake issues

2013-05-02T19:47:51Z

Texas drivers who own the Nissan Pathfinder or Infiniti JX crossovers may find that they are facing a recall of the vehicles over defective brake problems. Under product liability laws, manufacturers may be held liable for injuries caused by a defective product, so recalls are common when an automaker finds an issue that could lead to a crash.

In this case, 19,258 vehicles from the 2013 model lineup may be affected. The National Highway Traffic Safety Administration, an organization that monitors vehicle safety, has received reports that Pathfinders and Infiniti JX crossovers manufactured between December 2012 and January 2013 may contain a brake torque member that was cast defectively, leading to potential cracking or failure during use. The failure of the torque member could cause the brake caliper to move and result in diminished braking ability.

]]> This is not the first recall for the Infiniti JX model. Versions of the car were previously recalled for potential airbag and fuel system issues. Under the current recall, Nissan dealers will perform a free inspection and replacement of torque members on the affected vehicles. Customers will be contacted about the recall, but in the case of vehicles that have already been transferred or sold, owners may wish to contact Nissan directly for instructions.

Vehicle recalls are becoming very common as auto manufacturers attempt to reduce their exposure to liability. However, even in the event of a recall, automakers could be held liable if someone is injured in a crash due to faulty manufacturing of parts. A personal injury attorney may be able to help victims recover damages in such cases for their medical bills, pain and suffering and other costs.

Source: The Wall Street Journal, "Nissan recalling Pathfinder and Infiniti JX for vehicles for brake problems," Jonathan Welsh, April 23, 2013

Long Island siblings drown in neighbor's pool

2013-04-26T17:50:45Z

Texas families may be heartbroken to hear about an accident in which a 5-year-old boy and his 7-year-old sister drowned in a neighbor's swimming pool. The children's mother reported them missing on April 14, which prompted a search of their Long Island, New York neighborhood. Later that day, police found the fully clothed siblings in brackish 50 degree water in the swimming pool. Although this accident occurred in New York, swimming pool accidents involving premises liability happen all over the nation, including Texas.

The children were unconscious when pulled from the water and a medical team was unable to resuscitate them at the hospital. Police found the children after noticing a shoe floating in an uncovered swimming pool in the next-door neighbor's yard. The pool was surrounded by a low stockade-style wooden fence that had been improperly installed. Its smooth side was facing in instead of out, which made the fence easy to climb using the exposed stockade bracing. City officials cited the pool's owner for the unsafe fencing.

]]> Not only was the fencing inadequate to secure the swimming pool in this case, but the pool itself was uncovered. A property owner is responsible for providing a safe environment to the public. That includes securing the premises to avoid attracting people and allowing them access to unsafe conditions.

Although improper fencing created a dangerous property condition in this swimming pool case, many other conditions can give rise to premises liability. Amusement parks, movie theaters, shopping malls, hotels, restaurants and construction sites can all be the location of slip-and-fall accidents. A personal injury lawyer can help if an individual has suffered a premises liability accident caused by a dangerous property condition.

Source: NBC News "Brother, sister drown in neighbor's uncovered pool," Associated Press, April 14, 2013

Dow Chemical and associates sued over explosion death

2013-04-22T21:34:45Z

After a man from Texas was burned in a chemical plant explosion and subsequently perished a month later, his mother and son filed a wrongful death lawsuit. The suit targets the Dow Chemical Co., which owns the firm that operates the Deer Park facility. Two employees and the operating firm have also been named in the suit.

The 45-year-old plant worker sustained the impact of an explosion and got third-degree burns across almost two-thirds of his body while changing a filter. According to the suit, the plant operators had prior knowledge that the ammonia recycling machine that exploded was not in proper working order, yet they failed to rectify the situation. The lawsuit also alleges that the plant did not provide its workers with appropriate safety gear to protect them from such events. The unspecified amount sought by the man's survivors includes damages for loss of income, reduced inheritance, pain and suffering and loss of companionship. The chemical manufacturer refused to comment on the death or the legal proceedings.

]]> The wrongful death of a person inevitably changes the lives of those they leave behind. Survivors suffer from immense personal suffering that often includes emotional and psychological trauma. In addition, they may have to pay high medical treatment fees and funeral costs.

Many different factors can cause the events that lead to fatal industrial accidents. Determining the immediate cause of death is often simpler than discovering what developments led up to it. In many cases, survivors fight long court battles to prove that the death of their loved ones was caused by the negligence of another party, and many rely on legal assistance to strengthen their cases.

Source: FuelFix.com, "Family sues over Texas man's Dow plant death," Harry R. Weber, April 10, 2013

National recall for dangerous products under Farm Rich label

2013-04-16T14:47:40Z

Consumer illnesses prompted the Rich Products Corporation to initiate a national recall of several frozen food products. The potentially dangerous products are suspected to be contaminated by Escherichia coli, which is a bacteria capable of causing serious illness and death in some circumstances. Consumers of the Farm Rich brand in Texas and across the nation may already be in possession of recalled products. Distributors and retailers have been notified to destroy the remaining stock immediately.

Exposure to E. Coli may result in a mild to severe infection. Recovery is generally complete for otherwise healthy adults, but those with compromised health may more severe symptoms and the potential for permanent damage and death. Among those at greatest risk are individuals with kidney disorders, the elderly and young children. Symptoms indicative of infection include abdominal cramping, diarrhea and bloody stool.

]]> The recalled products all have a "Best By" date of May 2014. The defective products include Farm Rich Philly Cheese Steaks, Farm Rich Mini Pizza Slices, Farm Rich Mini Quesadillas, Market Day Mozzarella Bites and Farm Rich Mozzarella Bites. Anyone in possession of the suspected products is advised to contact Farm Rich Consumer Relations.

Contaminated foods may pose a serious risk of consumer injury and death by spreading illness. Unfortunately, a negligent manufacturer may find it difficult to contact all affected consumers during a product recall. For those affected by contaminated foods, it may mean lost wages, extreme discomfort and medical expenses in the best of circumstances. These victims and the ones who face more serious consequences may be able to receive compensation for the expenses and suffering with the help of a products liability attorney.

Source: Los Angeles Times, "Possible E. coli contamination spurs Farm Rich products recall," Monte Morin, April 2, 2013

Texas driver rear-ends motorcycle at traffic light

2013-04-12T15:48:19Z

Texas motorcycle accidents often involve a driver's blind spot, resulting in a crash while merging or changing lanes. It is not as common for a motorcycle to be rear-ended. However, a recent nighttime crash on Highway 77 in Texas involved just that type of collision.

According to authorizes, a driver in a Ford truck rear-ended a motorcycle that was idling at a Texas traffic light. Both vehicles had been heading south on Highway 77. The motorcyclist and his wife were a couple in their 50s. They were apparently waiting for the light to turn green when the truck rear-ended them.

]]> It is unclear whether the truck driver failed to see the motorcycle or missed the traffic light entirely. The crash happened shortly before 9:30 pm., which means that it was after sunset and the motorcycle should have had its lights on. Furthermore, the motorcycle in question -- a 2004 Harley Davidson -- is well equipped for nighttime driving with front and rear lights. Perhaps the truck driver was distracted for another reason.

The force of impact resulted in severe injuries to the couple on their motorcycle. They were both transported to a local medical facility. Unfortunately, the motorcyclist's 56-year-old wife died a few hours after her arrival at the facility. The condition of the 52-year-old motorcycle driver is unknown, although he was reportedly scheduled for surgery.

Motorcycle operators are required to pass driving tests and they are subject to the same traffic laws as other cars or trucks. Sadly, other drivers may not take adequate measures to drive safely around motorcyclists. When a car or truck driver's negligence causes an accident with a motorcylist, it is not difficult to guess which driver will fare the worst. In such event, motorcyclists may find themselves involved in personal injury lawsuits, seeking compensation for their injuries.

Source: kxxv.com, "Victims in motorcycle accident identified," John Elizondo, April 9, 2013

Texting takes to the skies, with tragic results

2013-04-11T00:32:31Z

Texas readers might have observed other drivers who were texting at traffic stops or while stuck in bumper-to-bumper traffic. While it is understandable that drivers might need a distraction from gridlock, the temptation to continue smartphone use after traffic clears, instead of putting such devices down to concentrate on one's driving, might be too great. As a result, drivers might be paying more attention to their virtual conversations, rather than road conditions. That's not a good recipe for safe roads and highways ... or even skies, in the case of today's post.

A 34-year-old medical helicopter pilot who was transporting a patient to another hospital recently crashed for a reason that strongly suggests negligence: He forgot to refuel. Worse yet, investigators from the Federal Aviation Administration believe that texting was the reason the pilot became distracted and forgot his duty to perform a fuel check before takeoff. Due to the pilot's mistake, all four occupants in the helicopter were killed, including a flight nurse accompanying the patient, as well as a flight paramedic.

]]> Current law prohibits pilots from doing activities that might distract them during takeoffs, landings and other critical phases of aircraft operation. However, there is not a blanket prohibition against flight crew using any and all types of portable electronic devices during the entire flight. In fact, it might be permitted to operate certain devices during safe moments.

However, the pilot in today's story may not have taken adequate safety precautions against distraction. Investigators report that he sent 25 text messages and received over twice that number in the course of his shift, which was already scheduled to be a grueling 12 hours. Of that number, 20 messages were sent or recieved in the one hour and 41 minutes prior to the crash.

If negligence was a factor in this crash, the surviving family members of the deceased victims might consider bringing a wrongful death lawsuit.

Source: kiitv.com, "NTSB: Pilot's texting contributed to copter crash," Joan Lowy, April 9, 2013

Young Texas aviator killed in glider crash

2013-04-05T15:19:24Z

For some Texas residents, their love of flying began at an early age. The first exposure may come from television, movies, a book, or perhaps a friend or loved one who has obtained a private pilot's license. Once that passion for aviation takes hold, an enthusiast will likely seek out all available opportunities for learning about airplanes and how to fly.

One 13-year-old Texas boy was well on his way to pursuing his dreams of flying. To friends and family, he may even have been regarded as a budding aviator. The boy was learning aeronautical principles by taking rides with a neighbor who owned a glider aircraft called an Alexander Schleicher K-7.

]]> Unfortunately, something went horribly wrong with the glider aircraft. According to the manager of the small airfield used by the two aviators, a wing on the glider snapped after it had detached from the tow plane. Both aviators were killed in the ensuing crash.

As is common in many small aircraft accidents, officials from the Federal Aviation Administration are investigating the cause of the crash. Although their investigation is not yet complete, it is hard to image that the manufacturer of the glider aircraft might not be implicated in a product liability lawsuit.

Most gliders have a tow hitch located under the nose of the glider. It is hard to imagine how that towing action could be related to a wing breaking off in mid-flight. Certainly, the surviving family members of the killed aviators will have hard questions, like these, to ask of the manufacturer. With the help of a wrongful death or personal injury attorney, they might be able to find some answers. If negligence is imputed to the company for a defective product, the surviving families might also be able to obtain a sizable monetary recovery for their loss.

Source: abclocal.go.com, "2 killed in West Texas glider accident identified," April 3, 2013

Texas lawmakers discuss felony punishments for hit-and-runs

2013-04-04T03:52:03Z

Many Texas readers might agree that fleeing the scene of a motor vehicle accident is almost never a good idea. In addition to the potential criminal liability that a hit-and-run driver might later face, the behavior simply looks bad. A personal injury attorney might even suggest that the behavior indicates fault -- that a driver knew he or she was in the wrong, and tried to run away from that mistake in the heat of the moment.

Texas lawmakers recently passed a Senate bill that would impose more severe penalties upon hit-and-run drivers in injury-producing accidents. The bill will next be deliberated in the Texas House of Representatives. If the bill becomes state law, it will reclassify a hit-and-run offense as a second degree felony, which means potential punishment of between two and 20 years in prison, as well as a potential fine of up to $10,000.

]]> Currently, a hit-and-run conviction is only a third degree felony. However, the Texas lawmaker that introduced the bill fears that some drunk drivers might be tempted to flee the scene of an alcohol-related crash, perhaps in an attempt to avoid third degree felony charges of intoxication manslaughter. By elevating a hit-and-run to the same second degree felony status, that incentive might be eliminated.

The bill will likely also help hit-and-run accident victims. Negligent driving can result from a variety of influences, ranging from alcohol to simple fatigue. Regardless of the cause, a victim of negligent driving often needs immediate and urgent medical care. By removing the incentive to flee, the offending driver might stick around and place a call for help in those crucial minutes following an accident.

Source: caller.com, "Texas senate toughens punishment on fleeing an accident," April 2, 2013

Spring rains require extra caution from Texas drivers

2013-03-28T21:38:20Z

El Paso readers know that the months of March and April may bring spring showers and budding flowers. The Texas Parks and Wildlife Department reports that a number of wildflowers can be seen in their spring blooms across the state, such as gold poppies and bluebonnets.

Spring showers may also require extra caution from drivers on Texas' roads and highways, however. Unfortunately, a recent heavy spring rain may have been a factor in a fatal collision between a pickup truck and a Volkswagen Jetta sedan.

]]> According to local authorities, a family of four was traveling westbound on Highway 105 in the early morning hours of a recent Saturday, amidst heavy rainfall. For reasons that are still under investigation, an oncoming Dodge Ram pickup truck crossed the centerline. The resulting head-on collision was so forceful that the pickup truck's engine was dislodged from its frame and the sedan was flipped upside down. The pickup driver survived the crash, although rescue crews had to cut him from the wreckage. Unfortunately, none of the sedan's occupants survived, even though they were wearing seatbelts.

An official at the state Department of Public Safety believes that low visibility and reduced road traction from the heavy rainfall may have been factors in the accident. Driver fatigue, due to the early morning hour, may also have been an issue.

When drivers don't account for road conditions in rainfall, serious or even fatal injuries may result. When that happens, a personal injury attorney can help the injured victims or surviving family members bring a civil lawsuit against the negligent party responsible for the crash and resulting injuries or wrongful death. Through the presentation of persuasive evidence to the jury, such a lawsuit might produce a sizable compensation.

Source: kwtx.com, "Head-On Crash Kills Texas Family of Four," March 24, 2013

Texas DWI crash victims upset with Rep. Gonzalez

2013-03-26T21:41:43Z

El Paso readers have likely heard that state Rep. Naomi Gonzalez was recently arrested for driving while intoxicated. The lawmaker allegedly rear-ended a vehicle in the early hours of a weeknight morning, around 2 a.m. The crash turned into a pile-up when the car that was rear-ended was then pushed into a cyclist. Fortunately, no one sustained serious injuries.

Recently, the lawmaker apologized for her DWI arrest to her peers on the floor of the Texas House. However, the victims of the drunk driving accident claim that Gonzalez has not yet apologized to them. The have started an online petition, urging Gonzalez to resign from her position as District 76 representative.

]]> In addition to her potential criminal liability, Gonzalez will likely have to defend against personal injury lawsuits brought by the victims of the crash. In fact, that potential liability might explain why Gonzalez has not directly communicated with the crash victims -- any statements might be used against her in court.

An experienced personal injury knows that there are many sources of evidence from the crash scene, including the arrest report as well as witness testimony from the victims. In the hands of a skilled attorney, test results can be used as persuasive evidence of a driver's negligence on the road. In this case, Gonzalez reportedly had a blood alcohol content of 0.164, based on a breath test. That BAC level is over twice the legal limit of .08. If a jury finds Gonzalez negligent in any civil cases brought by the victims, Gonzalez may have to pay a substantial compensation.

Source: elpasotimes.com, "Crash victims unhappy with state Rep. Naomi Gonzalez's lack of response," Zahira Torres, March 22, 2013