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Automobile Accidents

Wednesday, May 31, 2017

Angel in the Outfield: Texas Softball Player Killed in Freak Accident

Q: Are all car accidents actionable?

Automobile accidents, in the vast majority of cases, involve strangers. That lack of familiarity makes it emotionally easier for victims to pursue a personal injury lawsuit or wrongful death lawsuit against the accident’s responsible driver.

When victims are injured in a car accident, they may be entitled to compensatory damages for their medical expenses, lost wages, pain and suffering, emotional distress, and property damage through a personal injury lawsuit.
Read more . . .

Tuesday, May 2, 2017

Top 6 Things to Do Following an Automobile Accident

You’ve been involved in a car accident. You’re in shock and possibly hurt, and so is the driver of the other vehicle. Your car is damaged and you’re not sure what to do next. This is a confusing, yet critical time and one misstep could keep you from getting the compensation you would otherwise be entitled to. We’ve compiled these automobile accident best practices to ensure you get the maximum compensation for any injuries you’ve sustained.
Read more . . .

Sunday, February 12, 2017

Texas Family Sues Apple in FaceTime "Distracted Driving" Death

Two parents from Texas whose five-year old daughter was killed in a tragic car crash have sued Apple, Inc. The family believes that the FaceTime app, made by Apple led to the "distracted driving" death and that the company could have made the app safer.

The driver who struck their car was traveling at 65 miles per hour and using FaceTime at the time of the collision. The victim's family had slowed down because of police activity on the highway.

Read more . . .

Monday, January 16, 2017

Recovering Pain and Suffering Damages After a Texas Automobile Accident

How is compensation for pain and suffering determined after a car crash?

Every day, newspapers are filled with accounts of motor vehicle accidents in Texas, some fiery and catastrophic, others non-fatal but still serious.

If you are the victim of a car accident you have the right to seek damages for your medical costs and economic losses caused by your injuries.

But what of pain and suffering? You may also be able to recover for the emotional trauma and distress you have experienced. These damages, however, can be harder to prove and quantify.

Read more . . .

Tuesday, October 18, 2016

Six Cleburne High students taken to hospital after crash

Who is responsible when minors cause automobile accidents?

Automobile accidents are traumatic experiences, especially when they happen to minors. In addition to the sometimes life-altering injuries that may occur, issues often spring up later on when questions of liability arise.  In some situations, multiple parties might be held responsible for injuries and property damage.

High School Students Crash During School Hours

Recently, seven Cleburne high school students left campus for a school sanctioned outing to obtain pallets for the upcoming Homecoming Bonfire.  The students were in two vehicles, at least one of which was driven by a minor.

Read more . . .

Monday, September 26, 2016

Distracted Driving a Threat to Texans

What is being done to prevent distracted driving accidents?

Distracted driving is one of the leading causes of car accidents in Texas. According to the AAA , distracted drivers killed or injured nearly 3,0000 people last year. The use of cell phones, especially texting, is frequently cited as the reason. Drivers can also be distracted by other passengers, tuning the radio, checking GPS devices and other technological devices, eating or drinking beverages. Some drivers are also known to apply makeup when driving or even read the newspaper.

Read more . . .

Thursday, July 21, 2016

Motor Vehicle Accidents In Texas

On the way to a vacation, one usually does not expect or anticipate being involved in a deadly motor vehicle accident.  This was the unfortunate reality for fifty-two passengers on a charter bus that crashed and rolled over on North U.S. 83 while headed to Kickapoo Casino for a fun and carefree weekend away.

Read more . . .

Tuesday, June 14, 2016

Texas Judge Dismisses Defective Tire Suit Before Trial

What must plaintiffs do to ensure that an accident case can move forward?

Accident cases involving defective automobile tires are not uncommon, and sometimes they result in verdicts in the millions of dollars. But not always. When a horrific vehicular accident occurs, it may not be enough to name a tire company as a defendant. A recent summary judgment in Texas suggests that the plaintiff didn't do quite enough to establish that a tire defect might have been the cause of the car wreck.

The plaintiff in the case claimed that a Michelin LTX tire failed catastrophically, causing a 2000 Ford Expedition to crash.

Read more . . .

Friday, May 13, 2016

Motorcycle Crash Victim Sues Harley-Davidson, Motorcycle Dealer and Texas Department of Transportation

Who can be held legally responsible for negligence that causes a fatal accident?

When the police chief of Corpus Christ, Texas was killed in a motorcycle accident, all eyes turned to possible causes. A report issued shortly after the crash focused on a teen driver, whose pick-up truck drifted into the wrong lane, grazing the victim's helmet and causing another vehicle to take evasive action. No alcohol or drugs were involved, cellphone use was ruled out, and speed and weather conditions were not a factor.
Read more . . .

Wednesday, January 20, 2016

GM Ignition Switch Lawsuits Set for Trial

What is the latest news regarding the General Motors ignition switch debacle?

As you may recall, 2015 was a tough year for a number of domestic and foreign automakers. With recalls at historic highs – and drivers’ trust slowly diminishing – brands from GM to Volkswagen have worked overtime to mitigate the damage caused by faulty (and in some cases, fraudulent) parts and components. During this time, General Motors began preparing for the onslaught of lawsuits to be filed against it regarding faulty ignition switches – all of which are scheduled to reach an apex with trials slated to begin later this month.

Beginning over 10 years ago, General Motors was allegedly made aware of problematic ignition switches in several of its compact and smaller models. The problem was, the company did not take any steps to rectify the situation until 2014, at which point it initiated an unprecedented recall of affected models. To further confound the issue, thousands of drivers had already experienced injuries or – in some cases – death due to the faulty switches.

According to the details of the personal injury and wrongful death lawsuits, ignition switches would become unknowingly lodged in the “off” position, causing the vehicle to stall, airbags to malfunction, and power steering to fail. As a result, 124 deaths and 275 injuries were reported to the company – and it has since paid out over $600 million in settlement funds.

Nonetheless, several additional cases remain to be resolved, with the first trial set to commence on January 11, 2016. In that case, the plaintiff was severely and permanently injured after the airbags in his Saturn Ion failed to deploy when he struck two trees head-on. According to GM, the outcome of that trial will help guide the company toward determining appropriate settlement amounts for the remaining cases.

If you have been recently injured in an auto accident, you should discuss your options with a knowledgeable personal injury attorney.

Friday, October 9, 2015

Texarcana Bar Sued Following DUI Fatality

Can a bar or bartender face liability for serving an intoxicated patron who then causes an auto accident or alcohol-related injury?

Under Section 2.02 of the Texas Alcoholic Beverage Code, the provision, service or sale of alcoholic beverages may be a statutory cause of action for an individual injured or killed as a result of such over-service. However, the statute contains several requirements in order for a bartender or establishment to face liability, including:

  • At the time the sale of alcohol occurred, the patron was obviously intoxicated “to the extent that he presented a clear danger to himself and others”
  • The intoxication of the individual was a proximate cause of the resulting accident or injury.

To explain these principles more clearly, a bartender or bar can face liability only if the patron is obviously drunk at the time of the service – a fact-based determination that will require the input and deliberation of a jury based on eye witness testimony and/or surveillance footage. From there, the plaintiff must also prove that the bartender’s over-service of the patron was the proximate cause of the resulting injury, meaning there were no other intervening forces at work that could have caused the accident.

On September 14, 2015, the surviving family members of an individual killed as a result of a DUI-related auto accident launched a wrongful death lawsuit against Texarcana’s Hopkins Ice House, the bar’s owners, and the individual having caused the accident – who is already serving a 20-year prison sentence for assault and manslaughter.

According to the complaint, the intoxicated driver was served 20 beers and 5 mixed drinks on September 28, 2013 into September 29, 2013. He then got behind the wheel of his Jeep and ran a red light, colliding with an oncoming vehicle. Two of the passengers in that vehicle were pronounced dead at the scene, and a third suffered permanent, irreversible brain damage. Immediately following the crash, the driver’s blood alcohol content was .301 – nearly four times the legal limit of 0.08.

If you were recently injured in an automobile accident and would like to discuss your options under Texas law with an attorney experienced in this area of law, please contact the Sawicki Law Firm today: 888-468-8844.

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