Posted on February 27, 2016 in Uncategorized

Four people were seriously injured when a gravel-laden dump truck sped out of control down an Austin street before tipping over and bursting into flame.

According to witnesses, the dump truck apparently had no brakes as it plowed through several cars waiting at an intersection, and narrowly averted rear-ending several more vehicles. Eventually, the dump truck went airborne, plunged down a 15-foot cliff, caught on fire, and tumbled onto its side. First responders transported four people to nearby hospitals with various injuries, but they are all expected to survive.

One witness simply described the horrific scene as “amazing.”

Suing the Government for Routine Matters

The principle of sovereign immunity typically limits an injured person’s ability to collect from the state or local municipality. In many cases, this concept protects government employees against negligence lawsuits. But sovereign immunity is not limitless. Generally, if a bus driver, truck driver, or other vehicle operator would be subject to a negligence lawsuit as a civilian, the injured victims may pursue administrative claims to get the compensation they deserve.

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 Posted on February 24, 2016 in Uncategorized

When the earth was void and without form, at least from a negligence law perspective, two English cases helped shape the modern American notion of duty in a car crash case.

Vaughan v. Menlove

When the court considered this case in 1837, the idea that a duty of care applied to individuals in their everyday lives was completely unknown. The only analogous situation was in contract law: when people took money to feed horses, build houses, or mend clothes, they had a legal duty to perform that service.

However, this case had nothing to do with contracts. Instead, the defendant kept a large haystack perilously close to his neighbor’s cottage. Then, as now, large haystacks carry an immense risk of fire, as a single spark can create an inferno in almost the blink of an eye. So, owners usually included chimneys and other fire-prevention items. But Mr. Menlove eschewed such caution and refused to use any safety techniques at all; several neighbors warned of the possible danger for over a month. He replied, in what some would consider classic English style, that “he would chance it.” Almost inevitably, the haystack caught fire and consumed Mr. Vaughan’s house.

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 Posted on February 19, 2016 in Uncategorized

A rollover crash near Alamo Heights has claimed the life of a 22-year-old man.

Police state that an SUV driver, whose vehicle may have been speeding, apparently smashed into the back of a Mustang, which may have been moving at a slower than normal speed, near the Olmos Basin on the southbound side of Highway 281 North. The driver was ejected after the SUV rolled over several times; it eventually tumbled off the bridge and into the Basin, where it caught fire.

The SUV driver was pronounced dead at the scene.

Comparative Fault

It is not unusual for both drivers to share responsibility in a car crash, at least to some extent. If there is evidence of shared fault, the judge will ask the jury to apportion liability between the parties on a percentage basis.

Texas is a modified comparative fault state with a 51 percent bar. Assume the evidence indicates that Defendant Driver was speeding and Plaintiff Driver was moving too slowly. Both these driving behaviors violate the Transportation Code’s provisions. Further assume that the jury assigns 75 percent of the fault to Defendant and 25 percent to Plaintiff. If the total damages were $25,000, Plaintiff would receive $18,750, or 75 percent.

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 Posted on February 17, 2016 in Uncategorized

The wife of former San Antonio Spurs player and coach Monty Williams was killed in a head-on car crash in Oklahoma City that also claimed the life of another driver.

Ingrid Williams was traveling northbound in her SUV on South Western Avenue when a driver on the southbound side drifted over the center line and hit her head-on. The other driver, and her dog, were both killed almost instantly. Ms. Williams was transported to a nearby hospital, where she later died as well. Her three children and the driver of a third vehicle that collided with the wreckage were all rushed to nearby hospitals and are expected to recover.

Monty Williams, who is currently an assistant coach with the Oklahoma City Thunder, played for the Spurs from 1995 through 1998 and subsequently served as a coaching intern. News of the crash rendered Spurs’ head coach Gregg Popvich visibly shaken, according to reports, and, he considered not coaching in the team’s game against the Orlando Magic.

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 Posted on February 12, 2016 in Uncategorized

“I’m tired.”

These were the last words that former Oakland Raiders quarterback Ken Stabler uttered before his death last July at age 69. Now, according to a brain autopsy performed at his request, doctors know that a serious brain injury may have caused that fatigue.

Following a seven-month investigation, researchers determined that Mr. Stabler was suffering from Stage 3 Chronic Traumatic Encephalopathy, a diagnosis that helps his family understand why his mind seemed to slip away in his later years. Mr. Stabler was one of the first quarterbacks diagnosed with CTE, suggesting that all players in contact sports are at risk for developing the disease. Scientists believe that repetitive blows to the head cause the degenerative condition, though other factors may play a part as well.

The free-spirited Ken Stabler won the National Football League’s Most Valuable Player award in 1974 and captained the renegade Raiders to their first world title two years later.

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 Posted on February 11, 2016 in Uncategorized

Thanks to a recent agreement in a lawsuit, drivers for the ride-sharing service Lyft will remain non-employees for most purposes, but are they employees for car crash purposes?

Under the terms of the settlement, which must still be approved by a federal judge, the plaintiff drivers will receive $12.25 million in cash, which will be distributed according to the length of time they have driven in California. Moreover, the company agreed to rework the terms of service and allow drivers to contest compensation and deactivation issues through a company-provided arbitration service. In return, the drivers will continue to be classified as “independent contractors” for tax purposes, meaning that they are ineligible for workers’ compensation and not protected by federal and state wage and hour laws.

In a statement, the company said it was “pleased to have resolved this matter on terms that preserve the flexibility of drivers;” the drivers’ attorney called the settlement an “adequate resolution of the claims we brought.”

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 Posted on February 05, 2016 in Uncategorized

Rain slick roads, reckless driving, and excessive speed created a deadly combination in a San Antonio car crash.

The wreck took place at the intersection of Hollyhock Road and Babcock Road. According to police and witnesses, a pickup truck went through the light and t-boned a sedan driven by a 71-year-old woman. She was rushed to a local hospital where she was later declared dead.

Authorities insist that alcohol and drugs were not a factor. The driver is not facing charges at this time.

Duty in a Car Crash

An English case, 1932’s Donoghue v. Stevenson, is at the root of the American idea of legal duty in a car crash. In that case, a Scottish woman sued a local beer bottler after she found a partially-decomposed dead snail in the bottom of a bottle. In ruling that the defendant bottler was negligent, Lord Atkin articulated the neighbour test: “You must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour,” a term that includes “persons who are so closely and directly affected by my act that I ought reasonably to have them in contemplation as being so affected.”

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 Posted on February 03, 2016 in Uncategorized

Texas insurance companies paid over $10 million to resolve dog bite claims with an average value of over $16,000 per claim, according to a recent survey.

Across the country, about a third of homeowners’ insurance claims arise from dog bites. Researchers speculate that the high numbers are because about two-thirds of American households have at least one pet. Furthermore, jury verdicts tend to be high in these cases, meaning that the settlement values are high as well. The “dog bite” category also includes non-bite injuries, like those the result from animal-caused falls and serious knockdowns.

California and Ohio have the highest number of claims; insurance companies in New York and Michigan pay the most money per claim.

Dog Bites

Every day, approximately 1,000 Americans visit the emergency room due to a dog bite; on average, the medical bills incurred in these incidents are 50 percent higher than the ones related to car crashes. Unlike some other states, Texas does not have a “dog bite law” as such, so victims have a number of options to obtain compensation for their injuries.

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 Posted on January 29, 2016 in Uncategorized

A large ridesharing service is focusing on the San Antonio military community in its push to recruit 10,000 drivers by the end of 2016; the company’s general manager predicts that more ridesharing will mean fewer drunk driving crashes.

The ridesharing service Uber temporarily ceased operations in the Alamo City but returned last October with 2,000 drivers, after reaching a marketing agreement with the city. Now, the service hopes to equal the number of drivers that are in nearby Austin. The company’s general manager said that military personnel and their families made excellent ridesharing drivers, because of the consistently high ratings they earn from passengers and the ability to “find work in the somewhat transient lifestyle that they have.” He predicted that the service would be successful, because of the difficulty in traveling through the area and the high number of drunk driving incidents.

There are currently three ridesharing services operating in San Antonio, in addition to a number of “standard” taxi cab companies.

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 Posted on January 27, 2016 in Uncategorized

The “King of Torts” recently passed away quietly at age 90.

Mr. Joe Jamail, who was born in Houston in 1925, obtained his law degree from the University of Texas in 1953, and built a career that included over 100 verdicts which exceeded $1 million. One of the most noted verdicts, a $10.5 billion breach of contract action that involved two giant oil companies, came in 1985. A number of years later, the consummate Texan admitted that he had a difficulties during closing arguments in that case, following a night of drinking with a country music singing star and a legendary local college football coach.

In an ironic twist, Mr. Jamail flunked a torts class while a student at the University of Texas Law School.

Success in a Personal Injury Case

Joe Jamail was one of the most successful personal injury attorneys of his generation not because of the depths of his legal knowledge, but rather due to his ability to connect with juries and deliver arguments in a persuasive and easy-to-understand manner.

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