According to local reports a woman was injured in an auto accident with a wrong-way driver on North Central Expressway near Royal Lane in Dallas Texas. The accident occurred around 3 a.m. Friday August 12 when a male driver in a dark-colored car was driving north in the southbound side of US 75 when he struck the female victim. Both drivers were taken to local hospitals where their conditions were unknown. Names of both the drivers have not been announced pending investigation.
Wrong-way driving is becoming an affliction in north Texas. Several ideas have been banded about regarding how to slow the frequency of these wrecks from tire spikes to cameras. I am of the opinion that you go after the cause of the wrong-way drivers not the effect of their driving. It is no secret how a majority of these wrong-way accidents begin. Typically heavy consumption (especially late at night) marks the genesis of these incidents. So what am I advocating here? Well first the victim should have an independent investigation started to determine liability. If my suspicion (and Im sure many of yours) is accurate and the wrong-way driver was intoxicated I would not be surprised to see that he over-consumed at a bar or restaurant. Beyond the apparent personal injury claim against the man there could be a claim against this establishment if they are found to have over-served the driver. These laws are called dram shop laws and attempt to hold alcohol-serving entities partially liable for their part in accidents like these. These laws in no way remove fault from the driver but rather hold the establishment accountable for breaking TABC-mandated guidelines of when to stop serving patrons. Their aim is to balance the interests of patrons with that of the bars interest in making money. Certainly with the minimal details released so far I am taking a guess here at what actually happened but in my experience these wrong-way accidents begin with some level of intoxication. As I said before I am much more comfortable going after the cause of these accidents rather than trying to negate the effects.
According to the CPSC Philips Lighting Company has issued a recall on their EnergySaver and Marathon Compact Fluorescent Dimmable Reflector Flood Lamps due to a laceration hazard. Affected UPC numbers are: 46677 13 7076 and 46677 15 0419 46677 13 7083 and 46677 15 0426 46677 14 6443 and 46677 15 0433. Consumers should immediately cease use of the recalled lamps and contact Philips for replacement at 866-622-6372.
Commentary
Manufacturers issue recalls in an attempt to cease future liability for faulty products. When a recall of this size occurs you can bet there is a valid reason for pulling the lamps in this case a high risk for cuts. Consumers are advised to check their purchase and contact Philips.
According to local reports a woman was critically injured when she drove her SUV the wrong way down westbound I-20 into a head-on collision with an 18-wheeler before 2 a.m. Thursday August 11. The semi truck then jackknifed and struck another car. The truck driver was taken to an area hospital where he was treated and released while the driver of the third car was uninjured according to police. The wrong-way driver is in the intensive care unit at John Peter Smith Hospital. Police do believe alcohol played a role in the accident.
If some level of intoxication was not involved I would struggle to begin to understand how these things happen. Unfortunately at my firm we see otherwise unexplained wrecks all the time. Luckily no other drivers were serioulsy hurt in this terrible wreck. Im not here to rationalize a wrong-way driver or lessen the burden she placed on every driver on I-20 but I would like to point out in matters like these there is often another party involved. The timing of this accident strikes me as a woman potentially leaving a bar or restaurant. While an independent investigation is needed aside from the truckers personal injury claim against the woman the trucker and the wrong-way driver could have a claim against an alcohol-serving establishment for over-serving. The laws are called dram shop laws and are used to add a party to accident claims like this. In no way do they release the wrong-way driver of their fault in an accident but they do enforce state-mandated alcohol policies. Again I dont bring this up to blame others in this wreck but rather to extol the scenarios that exist in an accident when alcohol is reportedly involved.
According to the U.S. Consumer Product Safety Commission Target has issued a recall on roughly 206000 wooden step stools. The stools name Step Stools with Storage may break apart or collapse under the weight of use. 26 known complaints have been filed ranging from children to adults. The UPC numbers involved in the recall are: 490970403046 180970208597 490970403053 180970208610 490970403060 180970208665 097168014338 and 390970402622. Consumers are advised to check their purchases or contact Target Corporation.
Update: Target has expanded its recall to include UPC numbers: 859090000076 490970401394 801116004445 and 801116004438.
Commentary
Manufacturers will often issue a recall to mitigate future risk of injury and liability. While this is not a great number of product there have been some rather severe accidents including one incident where a customer broke a bone from a fall. Consumers should check their items UPC code if they have purchased this brand of stool the last 3 years.
According to local reports 49-year-old Sergio Munoz and 25-year-old Meseal Valderon were injured when a suspected drunk driver struck their vehicle twice around 5:25 p.m. Tuesday August 9. Witnesses told police 24-year-old Katelyn Jane Leon was driving her Honda Accord excessively fast when she rear-ended a Jeep Cherokee driven by Munoz. As witnesses attempted to contact Leon she drove her car forward and struck the Jeep again. Leon failed field sobriety tests according to California Highway Patrol. Munoz and Valderon were taken to Santa Rosa Memorial Hospital with moderate injuries. Leon was uninjured.
This accident reveals how oblivious and reckless drunk drivers can be. This woman struck the same vehicle twice in her reckless state. While a third party investigation is needed if the police reports are true and she was indeed intoxicated there may be a personal injury claim against the driver. This is because drunk drivers assume high liability due to their actions on the road. Unfortunately in California however a third party liability like a potential bar or restaurant cannot be brought into a suit here as California liquor liabilities towards vendors only apply to minors.
Local reports indicate a woman was seriously injured when her car slammed into the back of an 18-wheeler early Wednesday morning around 2:30 a.m. August 10. The accident occurred on the Interstate 10 eastbound feeder and Sawyer Street. Police say the rig was coming to a stop at a red light when the womans PT Cruiser struck the back of the trailer. She was taken to Ben Taub Hospital in critical condition.
Details of this accident are minimal currently but I wonder if some type of intoxicant played a role here. A third party investigation is needed to determine liability in this accident. If the woman was found to be at fault why am I writing about this accident? Well the timing of this wreck suggests to me a driver potentially leaving a bar or restaurant (many close at 2 a.m.). If the investigation finds the driver had been drinking prior to the accident there could be a personal injury claim against the establishment where she imbibed. These laws are called dram shop laws that place partial liability upon an alcohol-serving establishment for over-serving a patron. This does not in any way remove liability from the driver but rather simply enforces the standards the Texas Alcoholic Beverage Commission have established. With the lack of information about this accident I recognize I am taking a shot in the dark here but my experience tells me an accident with this fact pattern can involve other parties as well.
Local reports indicate 19-year-old Christopher Peter Banasiak was allegedly driving drunk Saturday morning August 6 when he lost control of his vehicle crashing it into a utility pole. Police state the man was driving around 1:30 a.m. when he ignored a stop sign at the corner of Birch Street and Litchfield Road in Farmington Connecticut. He then took a turn too quickly and lost control of the vehicle. Banasiaks 20-year-old passenger suffered a broken right arm and potentially a broken hip. He was taken to St. Francis hospital. Banasiak has been charged with second-degree assault with a motor vehicle reckless driving operating under the influence under the age of 21 and operating under the influence. This is the mans third arrest this year.
While an independent investigation is needed many of you probably already know that there may exist a personal injury claim against the driver. Not only was he driving recklessly by running stop signs but he may have been driving under the influence. Either may place liability upon the driver. Rather than harp on the personal injury claim Id like to discuss the flip side of this accident. There are no reports regarding if the passenger had been drinking but regardless both these young men are minors. The state of Connecticut has what are called Social Host laws for minors. These laws could place partial liability upon a property owner if the underage driver was found to be imbibing there. This is speculation but my point is to show how detailed even a single-vehicle accident like this can be.
According to local reports a 43-year-old man was severally injured in an accident with an industrial hay processor. The accident occurred early Tuesday morning August 9 at the 14000 block of Harding Avenue in Delhi California. The man accidentally activated the machine after he stepped passed a sensor incurring injuries to his back and stomach. Authorities indicate the safety feature in the machine was not activated. The man was taken to a local Modesto hospital in critical condition.
In a legal sense not every injury is standing for a claim. What is needed is an apparent action or inaction of another that can relate to the cause of the injury. While an independent investigation is needed to determine liability I just wonder if the inaction of someone in not activating the safety mechanism of this machine played some part in this injury. Im guessing here but these are the types of routes personal injury claims take.
According to reports out of California a Texas couple incurred serious injuries as a result of a fall in a national park. Ken and Linda Connelly of Richardson Texas were hiking in Sequoia National Park when they fell and were trapped on a mountain last Monday August 1. Linda suffered a broken leg and foot while Ken had major leg injuries. The couple was airlifted from the mountain.
One mishap can ruin an entire vacation. Luckily the couple was only injured. Reports indicate three months before this accident with the Connellys a Marine perished at the park. The Richardson couple note a lack of signage and warnings around the area they fell. That is interesting to me. A third party investigation would be needed to determine liability in the situation. This is because the law can be somewhat convoluted due to the accident happening on federal property. Often times federal institutions employ sovereign immunity from lawsuits but that is not always the case as some claims may proceed under the Federal Tort Claims Act. This is certainly dependent upon the investigation but to assume federal property is shielded from all claims would be inaccurate.
According to local reports two teenagers were injured in a single-vehicle accident on a county road in Boswell Oklahoma. 17-year-old Clayton Williams was critically injured riding in the passenger seat with 14-year-old Meagan Belvin around 10:25 p.m. July 25. Williams was taken to Parkland Hospital in Dallas while Belvin was treated and released from a local hospital.
Commentary
Underage driving is a problem in rural Texas as well. Williams family should initiate an independent investigation to determine liability in the accident. I say this not to speak of the two minors but rather another possible liable route. If the owner of the vehicle is found to have knowingly allowed for the use of that vehicle by a minor that could allow for a personal injury claim against the car owner. The standard here for licensed drivers is typically a knowledgeable history of poor driver but of course here there is no such history.
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