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Verdicts & Settlements
  • Smalley v. Koch Industries; Koch Pipeline - a wrongful death case
  • Waldrip v. U-Hall - a personal injury case
  • Wiles v. Ford Motor Company - a products liability case
  • Bjerke v. Pierce Mortuary
  • Kahl v. Licker - a wrongful death case
  • Knight v. Dr. Steele & East Texas Anesthesiology
  • Kenyon v. Jerry Mooty, Jr. - a personal injury case
  • Avance v. H.B. Zackry Co. et al. - an automobile accident case
  • Burns v. Caterpillar - a products liability case
  • Skrine v. Victory Gym & Fitness - a personal injury case
  • Castleman v. America's Favorite Chicken - a work injury case
  • Pinales v. HI LITE Industries - a chemical injury case
  • Ogburn v. Sanmina-SCI Corporation - a personal injury case
  • Dunlap v. Excel Corporation - a personal injury case
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Mesquite Personal Injury Law Blog

Does "negligence per se" apply to car accidents in Texas?

The act of driving a car requires the person behind the wheel to observe a wide range of traffic safety laws, which govern activities like speed limits, right-of-way, acceptable turns and passing, insurance requirements, and much more. All of these laws can be found in Texas statutes.

Violation of traffic laws can lead to criminal sanctions ranging from speeding tickets to prison sentences. But in a civil negligence action, can another driver's violation of one or more traffic laws be something that you can use as evidence of negligence? The answer appears to be that yes, you can.

Texas statute of limitations for personal injury claims

A statue of limitations is a time limit within which an injured car accident victim must sue a negligent driver. A lawsuit filed after the statute of limitations expires could lead to the dismissal of the case.

Time limits for filing personal injury lawsuits in Dallas and other parts of the state are established under Texas law. For injuries suffered in an auto accident, the two-year general personal injury limitation applies. Someone suffering personal injuries due to the negligence of a reckless driver, a drunk driver or a distracted driver must file a lawsuit within two years from the date of the accident or risk losing the right to obtain compensation from the responsible party.

Wrongful death and survival actions in Texas

When someone dies in a fatal car crash, or in any accident caused by the negligence of another party, family members of the deceased family might have a right to compensation.  Under the Civil Practice and Remedies Code of the state of Texas, the spouse, child or children, and the parents of the accident victim may make a claim for damages against whoever caused the death. This is known as a wrongful death claim, and the lawsuit filed to pursue the claim is referred to as a wrongful death action.

Wrongful death claims only exist because of the legislation creating them. This means that brothers and sisters of a fatal boating accident victim do not have the right to sue for wrongful death because they are not one of the relatives specifically named in the statute as having that right. 

What are some types of traumatic brain injuries?

Not that long ago we posted about the general causes and consequences of suffering a traumatic brain injury, but what about some of the specific kinds of such injuries? How many variations are there, and how may they relate to possible negligent causation?

Most often, traumatic brain injuries are those resulting from a fall (about 40 percent), or from another source of a blow to the head, including vehicle accidents or physical assaults. Depending on where they happen, injuries resulting from falls may give rise to premises liability, related to claims of negligence if the injury takes place on the property of another; brain injuries from traffic accidents may contribute to an action for negligence; and physical assault-related injuries can result in a civil cause of action for battery.

Different ways that a products liability claim can arise

Most of the time when products liability cases make the news it is in the context of sensational stories of product recalls, injuries and even deaths. But in Texas the way that the products liability statute is written, there are several ways in which products liability can occur, some of which may not seem immediately apparent.

It is helpful to consider possible products liability actions in two ways: who can be liable, and what they can be liable for.

FAA regulations seek to reduce aviation accident risk

Drones and unmanned aerial vehicles were the subject of a posting last month in which we discussed their increased popularity amid concerns from pilots of conventional aircraft and government officials about the role they could play in causing an aviation accident. Since that posting, the Federal Aviation Administration has issued proposed regulations on their commercial use.

The new federal rules would limit the speed of drones to 100 mph or less. Drones would not be permitted to fly above 500 feet, and they could weight no more than 55 pounds. 

What damages may a Texas car accident victim recover?

There is no magic formula for judges and jurors to use when a Dallas car accident victim makes a claim for compensation for pain and suffering, medical expenses and lost wages. Each case is different, so the law leaves it up to jurors (or a judge, if a lawsuit is heard without a jury) to arrive at a fair amount based on the evidence presented at trial.

Compensation for a personal injury suffered in a car crash is a complex area of the law that includes issues about the use of evidence to persuade a judge or jury about the amount that should be awarded. This post is only an overview of the topic. It is not offered or intended to be relied upon as legal advice, which should only be obtained from an attorney.

TxDOT data shows Texas leads nation in wrong-way car accidents

Common sense would dictate that any possible option to avoid or reduce a certain type of deadly highway accident would have a high priority on the desks of highway safety administrators. But in Texas, and specifically on North Texas roads, officials apparently need years of convincing to implement some measures even though the data indicates a high number of accidents related to the existing problem.

The issue involves wrong-way driver car accidents in Texas. The problem is that solutions that seem to have made a difference in other states have not had the same influence in Texas.

Statewide texting and driving ban on legislative agenda in 2015

As one year closes, another legislative session is slated to begin. Some concerns are already on the table for the 84th Session. One of the most prominent is a statewide ban on texting while driving.

It would be hard to dispute the dangers of texting and driving given the statistics that are reported by public safety officials. Yet one issue is how far the government can go in regulating such activity. Some special interest groups even go so far as to call interfering with a person's cellphone use an invasion of personal privacy. But as with many legal issues, the privilege of privacy must be weighed against the public interest.

NFL brain injury settlement still under review by federal court

On the topic of brain injuries, few developments have garnered more attention recently than the concussion controversy in the National Football League. For almost a year and a half, courts have received filings from approximately 5,000 former football players alleging that to increase their profits league officials hid the dangers of concussions in the sport.

At this point in the case players who were diagnosed with chronic traumatic encephalopathy before the existing settlement was approved in July are eligible to receive up to $4 million in compensation, depending on the extent of the injuries that they can prove. Anyone who claims or proves that he had CTE after July of 2014 is not eligible for any portion of the settlement.

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