Ted B. Lyon & Associates
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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
Areas Of Our Practice

Mesquite Personal Injury Law Blog

What is a traumatic brain injury?

Traumatic Brain Injury, or TBI, is a term that relates to a broad variety of conditions, disabilities and symptoms. It can have a devastating effect on those affected and their loved ones. In general, it occurs through accidents or actions that cause damage to the head and by extension, the brain. However, there are serious differences between an ordinary injury and a brain injury. Understanding these differences is important in the victim’s recovery and return to life.

When a person suffers a traumatic brain injury, they can completely change overnight. Whether it’s from tremors, difficulty speaking or reasoning, or sudden and serious personality changes, the person suffering from TBI is completely different than they were even hours before the incident.

A dangerous product can injure even the most reasonable person

When it comes to how courts in Texas attribute fault based on negligence, the law refers to the allegorical “reasonable person” as the standard of whether the defendant can be held liable for your injury. Even though the reasonable person is an artificial construct and not an actual person, he or she will be a key part of building your case against the person you are filing suit against.

It also stands to reason that in addition to holding the defendant to the standard of a reasonable person, you should also try to emulate that mythical individual’s behavior yourself in order to maximize your possible award of damages. But sometimes, no matter how reasonable you are, there is little that you can do to avoid being harmed. This is especially true when it comes to claims of products liability.

What are the leading causes of aviation accidents

From a legal point of view, the causes of aircraft accidents can lead to a wide-ranging examination of who was responsible. Sometimes this can be the pilot; other times the aircraft manufacturer may be at fault. Even poorly-designed or maintained airport facilities or bad decisions by ground personnel can contribute to an injury-causing or fatal aviation mishap. Each such incident requires a thorough investigation of the facts to ensure that all possible legal defendants is identified, and that is one of the key roles of a Texas law firm that practices in aviation accident law.

If there is one thing that the federal government does well, it is to collect statistics. So it should come as no surprise that the Federal Aviation Administration has compiled a large body of information on why aircraft accidents happen, and has even ranked them in order of frequency. Some of these reasons will seem logical to you; others may come as a surprise. We present them here, with some additional comments.

Mesquite area drivers among worse in U.S. in accident frequency

If you believe a recent study by the Allstate insurance company, you may want to stay off the roads around the Dallas-Fort Worth area. According to the study, drivers in this area are ranked among the worst in the country.

The insurance company, for the obvious reason that it wants to pay as few insurance claims as possible, releases the America’s Best Drivers Report on an annual basis to focus attention on saving lives through safe driving. The report examines 200 cities across the country in terms of car crash frequency. In addition to looking at the number of accidents that occur in an area, it also looks at factors such as population density and the amount of precipitation the area receives.

How does the statute of limitations affect my car accident claim?

The negligence laws in Texas give a car accident victim the right to sue a negligent driver for compensation. The amount that a person can recover depends upon the nature and extent of the injuries. Catastrophic injuries that result in medical expenses and lost wages would be compensated at higher rates than would an accident in which the person suffered only a minor personal injury.

Regardless of the extent of the injuries a passenger or driver suffer as a result of the actions of a negligent driver, the right to compensation can be lost by waiting too long to file a lawsuit. The statute of limitations defines exactly how much time is too long.

Thanks to dashboard cam, police catch raging driver

A minor car accident with a major build-up was caught on camera recently, helping police identify the individual at fault and putting him in handcuffs. The accident was caused by a driver experiencing some road rage, as he attempted to cut off the other vehicle.

It is unclear what sparked the confrontation between the drivers of the two vehicles, but the driver most at fault was revving the engine of his vehicle at the other driver, while also pulling up alongside the other vehicle to apparently taunt and yell at the other driver.

What is Medjacking?

Not even Kurt Vonnegut or Harlan Ellison imagined this: heart attack by hacking.  Seriously. A new word has entered the language of medicine: medjacking.

Here’s a scenario: the President of the United States has a pacemaker. Not-so-friendly hackers, probably paid millions by an enemy nation, figure out how to remotely control the device. The President has a pacemaker malfunction and dies while the enemy enters our borders. Not sure even Jack Bauer could fix this in 24 hours.

The FDA role in drug recalls

Government agencies in Texas and at the federal level regulate and monitor the safety of drug products. When safety considerations become serious enough such products can be subject to voluntary or mandatory recalls, and in the latter case the Food and Drug Administration can order a prescription drug recall in its own volition. Whether the recall is voluntary or is done at the behest of the FDA, the agency oversees the recall and determines when or whether the defective product is safe to again be offered to the public.

One way that an unsafe product can come to the attention of the FDA is through the Centers for Disease Control and Prevention. When a national health issue comes to the attention of the CDC involving a food, drug or cosmetic product, that information is also brought to the attention of the FDA. The FDA also becomes aware of defective products through notifications from product manufacturers and from inspections conducted by government agency employees.

Joint and several liability in Texas torts

If you are involved in a car accident with one other car, then the issue of who was at fault will boil down to application of the Texas law of comparative negligence to the facts of the accident. But what happens if more than one other driver was involved in the accident, and two or more of them caused your harm? How does the law work in this situation with regard to allocation of fault?

It used to be, under the "common law" doctrine of joint and several liability that a legal theory known as joint and several liability would apply. This meant that as a plaintiff against multiple defendants you could collect part or all of your money damages from any one of multiple defendants, or from any combination of them. For example, if two other drivers were at fault for the accident, and the jury found that one of them was 70 percent at fault and the other was 30 percent to blame, joint and several liability would have allowed you to recover the entire judgment against either of them individually or to pursue damages against both.

Causes of aviation accidents according to the FAA

It’s almost like a word-association game when we think about airplane accidents. When you hear “aircraft accident”, it’s almost reflexive to respond, “pilot error”.

But is that always the case? Or are other, less commonly thought of sources more likely to be at the root of such mishaps? According to information from the the Federal Aviation Administration, which constantly gathers and analyzes information connected to aviation accidents in Texas and across the nation, there are in fact several common ways in which such accidents can originate.

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