Posted on January 07, 2013 in Uncategorized

According to a recent report in the Southern Texas Record, a Hardin County resident has filed a personal injury lawsuit against Wal-Mart for serious injuries he says he sustained after he slipped and fell. The suit, which was filed 2012-11-30, states the man fell in October 2010 at a Wal-Mart in Lumberton. He is seeking an award of damages for medical expenses, loss of earning capacity, impairment of earnings, physical pain, mental anguish, physical impairment, physical disfigurement, exemplary damages, interest and court costs. The lawsuit accuses Wal-Mart of being negligent in the following areas:

• Failing to maintain the floor in a reasonably safe condition.
• Failing to properly inspect and maintain the flooring area in question.
• Failing to remove the substance causing the slip and fall.

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 Posted on January 04, 2013 in Uncategorized

According to a recent article in the San Antonio Express-News, the Centers for Disease Control (CDC) has released a new study on drowsy driving by U.S. adults. In its survey of 147,000 adults in 2009 and 2010, the CDC found that 1 in 24 adults admitted to falling asleep while driving in the past month. Health officials acknowledge that the numbers are probably even higher, as some adults may not even realize that they have fallen asleep while driving. Essentially, the study proved the legitimacy of earlier but much smaller studies indicating that more than four percent of adults had fallen asleep while driving in the past month. The CDC study also examined some of the demographic trends associated with drowsy driving. The survey results indicated that men were more likely to drive while drowsy than women, and people between the ages of 25 and 34 were the group most likely to fall asleep while driving. In many respects, drowsy driving can be just as dangerous as any other type of distracted driving, and can easily result in accidents leading to injuries and even fatalities. Therefore, drivers should take care to avoid driving when they are tired, have not had sufficient sleep, have taken medication that could make them sleepy, or are otherwise at risk of falling asleep at the wheel. By avoiding drowsy driving, drivers can help prevent injuries, both to themselves and to others. If you or a loved one is injured in an accident that involves drowsy driving, or results from any other type of negligent behavior, you may be entitled to compensation for your losses and medical expenses. Contact your New Braunfels, Texas personal injury attorney today and let us provide you with a free evaluation of your case.

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 Posted on December 30, 2012 in Uncategorized

The base for a personal injury claim or lawsuit is negligence. The plaintiff’s attorney’s first step is to prove that the defendant was negligent or careless and did not use sensible care or good judgment, which resulted directly in the accident that caused injury to the plaintiff.

According to personal injury law, the plaintiff is allowed to seek compensation for losses including medical expenses and all lost wages. The strongest personal injury case is one that has been well documented, in which all of the facts support the claim. One of the first steps on the claims process is when the legal team for the plaintiff gathers the following kinds of information as evidence:

• A list of witnesses that can provide a testimony about what they saw and how the accident happened
• The official report from the police

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 Posted on December 27, 2012 in Uncategorized

James Williams has filed law suits against three companies that he claims have each failed at providing him with a safe working environment when an explosion occurred. The suit has recently been transferred to Hardin County. The suit was filed on August 29 in the Jefferson County District Court. Williams named Brammer Engineering, Streamline Production Systems, and Kinder Morgan Louisiana Pipeline as the defendants in his law suit against each of these companies. The court records do show that on Judge-11-15 Milton Shuffield, from the 136^th District Court, ordered that the case needed to be transferred to Hardin County. The lawsuit states that on 2011-11-14, Williams was dispatched to a location that is operated by Brammer Engineering to perform work for the defendants. When he reached to location, the explosion occurred, which injured Williams. The records do not include a statement of how the explosion occurred. They also exclude an explanation of what it was that Williams was doing at the time of the explosion. However, the lawsuit does include an accusation of the defendants of failing to inspect and maintain their worksite. Wiliams stated that the lack of inspection also included not providing him with a safe work environment. James Williams is suing Brammer Engineering, Streamline Production Systems, and Kinder Morgan Louisiana Pipeline for all of his past and future medical expenses, along with his mental anguish, pain, impairment from doing daily activities, and disfigurement and lost wages. He also wishes to be compensated for all of the court costs. If you have been in an accident in which you have been injured, contact the Bettersworth Law Firm for help on your court case. These experienced personal injury attorneys can help you filed a lawsuit and fight for you in court. Contact Bettersworth attorneys today in New Braunfels, Texas.

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 Posted on December 24, 2012 in Uncategorized

There were two couples on a parade float that was recently struck by a train, and they are suing, according to the court documents. Being sued are the Union Pacific Railroad and the man who was driving the float during the parade. The parade was for injured veterans in Midland, Texas. The collision occurred on Four-11-15 people were killed in the collision and 16 other people were injured. Holly Springs couple Officer Shane Ladner and his wife Meg were among those injured in the accident. Immediately after the collision, in the hospital, doctors were left with no choice but to amputate Meg Ladner’s left leg. She also had pins placed in her right leg. Among other minor injuries, she also suffered a crushed pelvis due to the accident. Army veteran Shane Ladner, luckily, only suffered a minor back injury, but has managed to mask his pain as he remains at his wife’s side by her hospital bed. There were two pancake breakfast fundraisers for the Ladners and other victims of this terrible incident. The fundraisers were held on the first and second Saturdays of December, to help raise money for hospital bills and other expenses that have arisen due to the injuries cause by the collision. Each of the pancake breakfasts were held at the Longhorn Steakhouse in Kennesaw for three hours each Saturday night. If you or someone that you know has been injured in an unfortunate accident, such as this train-float collision, contacts a personal injury attorney today. Having the right attorney can make a huge difference in getting the outcome of the case that you deserve. The Bettersworth Law Firm attorneys in New Braunfels, Texas can help you with your personal injury case today.

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 Posted on December 21, 2012 in Uncategorized

According to the Houston Chronicle, Michael James Rogers is being held on a $30,000.00 bond at the Harris County Jail under a felony charge of intoxication manslaughter. He was drunk behind the wheel when he careened into a vehicle driven by a mother with her two children in the backseat.

The accident happened just after noon at the traffic light at Greenhouse Road. The young mother was in her Jeep at the stop light and was rear ended at a high rate of speed by the F150 driven by Rogers. The mother and one toddler escaped without injury. The other child, Arianah Atkins, 2, was taken to the hospital with severe blunt force trauma. She passed away a short time after she was transported there.

According to authorities, Rogers did sustain non life threatening injuries. He was treated at a nearby Houston hospital before being taken into custody by law enforcement.

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 Posted on December 18, 2012 in Uncategorized

According to KHOU Houston, two brothers and their father were hit by a car that was driven by a drunk driver. The father, David Barajas and his sons David Jr. and Caleb were pushing their truck home after it broke down.

The trio was pushing the old pickup truck down a dark road. They were looking back to make sure that no one was coming because the road was so narrow and dark. Unfortunately, they did not see the car coming toward them at a high rate of speed. They were only about 50 yards from their home at the time of the accident.

Jose Banda, 20, ran into them. Investigators believe that he was drunk at the time of the accident and they are awaiting additional toxicology testing results to be returned to determine if Banda had any other substances in his system at the time. Neighbors state that they heard two gunshots just a couple of minutes after the crash happened.

David Jr., 12, died at the scene of the accident. Caleb, 11, was taken to a nearby hospital where he also passed away. When authorities reached the scene, Banda was found murdered, shot twice in the head. They are still trying to figure out who shot him and so far, the weapon has not been found either. It is unclear whether authorities think that the father or another family member shot him after the accident. The investigation is currently ongoing.

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 Posted on December 16, 2012 in Uncategorized

Citing increasingly concerning statistics regarding DWI arrests and fatal accidents over the past two years, a San Antonio Police Department deputy chief asked Texas legislators to consider establishing permanent DWI checkpoints in areas where DWI arrests and accidents commonly appear. Roughly 24 people have been charged with intoxication manslaughter over the last two years, and over 7,000 DWI arrests have been made this year so far in San Antonio alone.

Most notably, Texas is one of only 12 states without sobriety checkpoints, and is also a state that typically has one of the highest numbers of alcohol-related fatal traffic accidents. In 2010, for instance, 1,259 people died in Texas as a result of the actions of drivers with blood-alcohol levels that exceeded legal limits. This number exceeded even the number of deaths in California in 2010, a state that traditionally has had a higher number of people, drivers, and vehicles.

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 Posted on December 14, 2012 in Uncategorized

According to a recent article in the San Antonio Express-News, a forty-four-year-old bicyclist was killed when a Ford Explorer struck him from behind and caused him to roll over the vehicle. The man was riding his bike at approximately 10:30 p.m. on Basse Road near Treeline Park on San Antonio’s north side when the accident occurred. Witnesses reported that the bicyclist was riding along the right side of the road when he suddenly swerved left into traffic. The bicycle allegedly had no lights, and the man was balancing bags of groceries on his handlebars. Some have speculated that the weight of the bags caused the man to lose his balance and veer into traffic just prior to the accident.

This case may be a good example of the legal concept of comparative negligence. While many people assume that one party in a personal injury action is at fault, and the other party is not at fault, it is often not the case. In many cases, both parties bear some fault for the accident in question.

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 Posted on December 11, 2012 in Uncategorized

According to a recent article in the San Antonio Express-News, Jose Beltran, his two young sons, and the pregnant mother of his sons were walking home after having dinner at the Flying J Travel Plaza when they were unexpectedly struck by a vehicle that hit a telephone pole, went up and over a curb, and onto the sidewalk where they were walking. The Beltrans had been celebrating Jose’s new job prospect after four long years of unemployment and financial hardship. Up until about a week prior to the accident, the family, down on their luck, had been living in an abandoned house in California. They had recently come to Texas to stay with Beltran’s mother and seek out better employment opportunities.

These hopes of a better life for their family were dashed to pieces by the fatal accident, which left Jose, 30, dead at the accident scene, and his son, Elias, age three, pronounced dead some hours later after being airlifted to a nearby hospital. Kristie Vergara, 34, and Adrian Beltran, age four, both were seriously injured and remained hospitalized in serious condition. Vergara’s unborn child also was expected to survive the accident.

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