Local reports indicate a man was injured after being hit by a car in Dallas Texas. The accident occurred around 3:30 a.m. Friday September 23 when the construction worker was hit by a car on Interstate 30. Witnesses report the collision threw the man 15 feet in the air. His identity or condition have not been released. The driver was arrested in the incident.
Commentary The news feed does not give a good representation of what happened this morning but we all hope this man enjoys a full recovery from the accident. Construction work can be dangerous but is essential to the vitality of the Metroplex. The story notes that the driver was arrested possibly indicating there was more to this incident than just an accident. The timing of this accident is suspicious. A third party investigation is needed separate the police reports to determine liability in this accident. I mention the timing as suspicious because I would not be surprised to see the investigation return a driver who was operating under the influence. If the driver was found to be drinking and driving they could face great liability in a personal injury claim as this is seen as a reckless act. Again the police reports and investigation would need to corroborate this but if intoxicants played a role in the accident a bar or restaurant could face liability in the collision as well. The state of Texas allows for a bar or restaurant to be included in a claim if a patron is served past the point of intoxication and is involved in an accident. The laws are used to give some enforcement to the TABC rules which allow for these entities to legally serve alcohol. In particular one of these rules is when to cut a guest off which unfortunately is all too often broken by bartenders. These laws called dram shop laws do not take fault away from the driver as they still face the personal injury claim and any criminal charges but rather the laws attempt to balance the delicate relationship of an alcohol-serving business with their drive for profit. Successful dram shop claims produce results twofold as they compensate an injury resulting from an alcohol-related accident and they punish bars who over-serve patrons. The latter of which could prevent another accident from occurring actually making the results threefold.
Local reports indicate a 14-year-old boy was seriously injured after he was struck by a vehicle in Arroyo Grande California. The accident occurred around 7:30 p.m. Tuesday September 20 when the vehicle driven by Jerry Philipps drove onto the shoulder of Valley road and struck the teen. He was taken to Arroyo Grande Community Hospital with major injuries.
Commentary I hope the young man makes a full recovery from the accident. To determine who is at fault an independent investigation is needed if there is to be a personal injury claim. The news feed notes the accident occurred on the shoulder of the road which could indicate a driver who lost attention. All it takes is a split-second for an accident like this to occur. For a person to have standing in a personal injury claim a plaintiff must establish duty. Essentially this means a person must be able to show that there was a reasonable expectation of safety at the time of the accident. If the teen was clearly on the shoulder of the road that is probably reasonable enough. From there the claimant must show that the duty was breached by the actions of the driver causing some type of injury. The injuries must be quantifiable in other words a tally of damages must be produced. With this type of claim an injured person can claim compensation from an accident and return to their lives without worrying about the financial burdens associated with an accident.
The local news indicates a motorcyclist was injured following an accident with an SUV in Bryan Texas. The accident occurred around 2:30 p.m. Thursday September 22 when the driver of an SUV failed to yield the right of way to the motorcyclist. The injured person was taken to St. Joseph Regional Health Center in Bryan Texas and then taken to Scott and White Hospital in Temple Texas. No further details are available.
Commentary While just another vehicle on the roadway motorcycles require a bit more attention to care from other drivers near them. Theres no codified law stating this but with the inherent danger in operating them it is understood. A third party investigation is needed to determine liability but if the reports are accurate and the driver of the SUV turned in front of the motorcycle that person could face fault in a personal injury claim. On the road drivers owe each other a duty. This duty is established by defining how a reasonable person would expect others to drive on the roadway. A reasonable person would not expect a person to turn in front of them. To have standing for a personal injury claim a person must show that this duty was breached by the actions of another. From there a cause must link the persons actions with the injuries incurred in the wreck. If this can be done a determination of damages owed can commence. Typically these are in the form of monetary losses like medical bills lost wages pain and suffering and repair bills. These types of claims are very common yet still require attention to facts. Without an accurate representation of what occurred in the accident proper damages cannot be claimed leaving a victim overwhelmed and undercompensated.
According to local reports five passengers were injured on a Dallas Area Rapid Transit (DART) train in Dallas Texas. The accident occurred around 11:30 a.m. Thursday September 22 when a car backing out of a parking space backed into the train. Two of the injured were taken to Baylor University Medical Center.
Commentary It is difficult to imagine how this accident occurred but nonetheless it did. I wish full recovery for all those involved. An independent investigation is needed to determine liability in this accident. If the reports are accurate and a driver backed into the train near the station that person could face liability in personal injury claims. However it should be noted if multiple claims arise (and it appears that more than one person was injured) most people do not carry enough insurance to facilitate a high quantity of claims. To be fully compensated other parties or theories of liability must be identified which speaks to the necessity of the investigation. Otherwise a divvying of resources could occur.
According to the manufacturer Subaru is set to recall approximately 200000 Legacy and Outback vehicles model years 2010 and 2011. The company says the vehicles in question hold a defect in the windshield wipers. The motor in the wipers can overheat and cause a fire. The actual unit can cause visibility issues posing a crash risk.
Commentary I find it interesting Subaru is waiting until November to notify vehicle owners of the recall. When any sort of injury hazard is associated with a faulty part a manufacturer should take quick action. If an injury occurs because of the faulty system a company could be liable in a personal injury suit. Consumers have a reasonable expectation that the product they purchase from a manufacturer is safe. If it is not the expectation is that the company will fix the issue. Readers are encouraged to contact Subaru at 1-800-782-2783 if they believe they own one of the vehicles in question. Texas Product Liability Attorney Michael Grossman
According to the manufacturer Jensen Farms has issued a recall on shipments of Rocky Ford whole cantaloupes as they may be contaminated with Listeria. The cantaloupes in question were shipped between July 29 2011 and September 10 2011 and have a green a white sticker that says Product of USA – Frontera Produce – Colorado Fresh – Rocky Ford – Cantaloupe or a sticker that says Jensen Farms – Sweet Rocky Fords. Jensen can be reached by phone at 1-800-267-4561.
Update: The original recall has been expanded to include the states of Indiana Louisiana and Wisconsin.
Commentary Listeriosis the infection typically caused by eating contaminated food is a serious illness that is specifically dangerous for pregnant women newborns and people with weak immune systems. The CDC estimates 1600 people are infected by the disease of which 260 die. In other words this recall should be adhered to by everyone. Farming companies just like any other have a responsibility to sell safe products to their customers. When a risk like this occurs the corporation could face liability in personal injury or wrongful death claims. Again my readers are encouraged to check their produce and stop any consumption if they believe they have purchased any of the cantaloupes.
Update: I wanted to share with everyone that Dallas County Health and Human Services believe they have linked a local death to one of the tainted cantaloupes. While an independent expert would be needed to link the fruit to this death survivors of the victim could have standing in a wrongful death claim as this farms shipment of tainted crops could be the proximate cause. These types of claims are tricky as they involve entities all over the nation and require scientists to verify the contaminated crop but can go a long way in compensating the loss of a loved one.
According to local reports a dump truck driver was injured after a collision with a suspected drunk driver in Irving Texas. The accident occurred around 12:30 a.m. Wednesday September 21 when the driver crashed into the truck near OConnor Road and Highway 114. Identities and statuses of the truck driver or the alleged drunk driver have not been released at present time.
Commentary I hope both drivers recover fully and I hope a lesson was learned from this accident. It is unfortunate but many victims in these types of accidents dont make it. To begin a third party investigation is needed for liability purposes. If the driver was indeed found to be intoxicated prior to the accident they could face great fault in a personal injury claim by the victim. When a driver makes the decision to drink and then drive they make a decision that endangers themselves and everyone else on the roadway. This is a reckless act in both the letters of criminal and civil law. The news feed makes no mention of this but if the investigation were to find a driver who was imbibing at a bar or restaurant prior to the accident that establishment could face partial liability in a dram shop claim. Under Texas law if a bar or restaurant serves a patron past the point of intoxication and that person becomes involved in an accident the entity could incur partial liability from the collision. The TABC dictates rules and trains these bars in how to legally and safely serve alcohol. Among this training bartenders receive is a course on when to cut patrons off when they are identified as intoxicated. Unfortunately many servers overlook this rule in the name of profit. Many interpret this legal route as a way to reduce accountability for the guests who leave these bars and drive. This is simply not the case. The criminal side of the law directly punishes intoxicated drivers while the civil side of the law hits their pocket books. The latter of which by the way is in many cases the only way to stop a bars over-serving of guests as the fines TABC can levy leave something to be desired.
According to the manufacturer Continental Tire is recalling approximately 390657 tires due to a tread issue. The tires in question were made for Ford F-250s and F-350s. The manufacturer notes a possibility of separation from the belt edges which could lead to a problem with the treading of the tire increasing the potential for an accident. For more information contact Continental at 1-888-799-2168.
Commentary Tire treading issues can be quite a problem. With the separation of the belt edges uneven wear can occur. This could certainly increase the chance of accident as the grip of the tires will not be uniform. The recall also states a risk of vibration in the tires which could affect steering. Typically when a recall of this magnitude is issued a company knows of the liability their flawed product possesses. Without the recall the company would be on the hook for every piece of product in question sold. Readers are encouraged to contact Continental if they believe their vehicle uses the recalled tires.
According to the U.S Consumer Product Safety Commission American Woodcrafters has issued a recall on Wood Twin Bunk Beds and Loft Bunk Beds. The company states the guard rails on the upper beds can break causing the mattress to collapse. The recall is for furniture made between October 2010 and June 2011. For further information American Woodcrafters can be contacted at (888) 429-7265.
Commentary Though the recall is geared towards only roughly 200 units American Woodcrafters has received two separate complaints of cracking in the guard rails. For liability purposes a company must fix issues with their products or face the chance of incurring fault if an injury occurs. Needless to say if any of my readers believe they own one of the products in question they should contact American. Any risk to a child is worthy of a follow up.
According to local reports a man was injured following a motorcycle wreck near Silsbee Texas. The accident happened around 2:20 p.m. Saturday September 17 when Randy Chambliss was struck by a car that pulled into his path on FM 92. The impact with the vehicle driven by Amanda Potts was such that Chambliss was thrown onto the pavement breaking an arm and suffering severe head lacerations. Potts was ticketed for failure to yield right-of-way.
Commentary In many of my blogs I mention the difference when operating a vehicle around a motorcycle as the risk of injury is just so much greater than an enclosed car. An independent investigation is needed to determine liability but the news feed and police report seem to fault the other driver in this accident. This fault could open the driver to a personal injury claim based on the results of the investigation. A personal injury claim needs three elements in order to be successful. There must be a determination of liability placed upon the defendant. This is contingent upon the the investigation determining the defendant violated their responsibility to safely operate a vehicle near the injured claimant. The next piece a personal injury claim needs are damages which are certainly manifested in the victims medical bills property damage and pain and suffering. Finally for a claim to proceed a defendant must be solvent. Meaning they must have the means to compensate the victim in this accident. When those elements are satisfied a personal injury claim can commence and begin the restitution process and subsequently the healing process.
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