Since the driver was on company time when the crash occurred, his employer can also be held responsible for the death of the victim. Employers and employees both need to be aware that anytime they are driving as a part of their job, their employer may be held responsible for any accident right along with an employee. Therefore, it is incumbent on all Texas employers to be sure the employees they have driving for them are cautious.
]]> In this case, the employee attempted to pass another vehicle, but there wasn't enough time or space. As a result, he plowed into another vehicle coming from the opposite direction. The man driving that car is the one that was killed. The man's employer attempted to convince the court that their employee was not responsible for the accident, but the court didn't believe it. As a matter of fact, the driver of the vehicle he was trying to pass said the driver had been tailgating before he attempted to pass.It wasn't until shortly before the wrongful death trial began that the driver's employer would even admit he was working at the time of the crash. The company may not have wanted to be held responsible for paying any damages to the family. However, this family's loss may have been partly the company's responsibility since the driver had been working long hours.
Source: Odessa American, "Family wins settlement in fatal crash trial," Jon Vanderlaan, May 9, 2013
]]>From 2007 through 2011, the number of drunk driving related traffic deaths ranges from a low in 2009 of 1,253 to a high of 1,333 in 2007. It would be easy to lay the blame at the feet of law enforcement. People could say that law enforcement agencies aren't doing enough to keep drunk drivers off the road while prosecutors are making too many deals that put drunk drivers back out on the streets. Of course, the state legislature could take some responsibility for those numbers since the laws aren't strict enough.
]]> However, there needs to be some culpability on the part of the drunk drivers themselves. If they weren't making the bad decision to get behind the wheel of a car after they have been drinking, there wouldn't be anyone drinking and driving. Campaigns urge people who drink to do things like take a cab, call a friend or have a designated driver instead of risking not only their life, but the lives of everyone else on the road.Several families in Texas have been forced to shift their thinking and find a new definition of normal after the loss of a loved one. Filing a wrongful death claim may help return a family's finances to some semblance of normal, but the empty spot where a loved one used to be can never be filled. Filing a civil action may also give a family a sense of closure and peace along with a little bit of justice for the loved one the family lost.
Source: kens5.com, "I-Team: It's families losing the most as Texas leads nation in DWI deaths," Freddy Hunt, May 2, 2013
]]>One vehicle was headed northwest on Highway 158 and another was headed southeast. For some unknown reason, the car traveling southeast slammed into the northwest bound vehicle throwing it off of the road. When the southeast vehicle came to a rest, it was hit by two more vehicles.
]]> When all of the cars had come to a stop and emergency personnel arrived at the scene, it became apparent to emergency personnel that the driver of the vehicle headed northwest and the driver of the vehicle that was headed southeast did not survive the accident. The driver of the first vehicle to hit the southeast vehicle was injured and at last report was in stable condition at an area hospital. The two occupants of the fourth vehicle involved in this accident were not injured.One of the challenges in filing a wrongful death claim is making sure that all of the necessary parties are brought into the suit. In this particular instance, the family of the southeast bound vehicle may be filing against both of the drivers of the vehicles that hit their family member's pickup truck. In the meantime, it would appear from the preliminary facts presented by the Texas Department of Public Safety that the family of the northwest bound vehicle's driver may end up filing their case against the state of the southeast bound driver. If the families of the victims in this crash are not careful, they could inadvertently file against the wrong parties or not file against all of the parties deemed responsible for the crash.
Source: mywesttexas.com, "DPS identifies victims in Saturday's fatal crash," April 28, 2013
]]>This compound pharmacy has recalled not only some, but all of its sterile products due to possible contamination. According to testing by the FDA, the unidentified black particles present in what were supposed to be sterile vials have turned out to be Gram-negative bacteria. Anyone using a contaminated product is at a higher risk of contracting an infection. Consumers may want to visit the FDA's website to see if they are using a medication that is the subject of this or any other recall.
]]> The particular compound pharmacy, like some others, seems to have a problem with its quality control procedures. Of course, this problem may have been present prior to the aforementioned outbreak; but it wasn't being monitored as well as it should have been. No fewer than six compound pharmacies have now had to recall products in the last several months.However, it's not only the responsibility of the FDA to make sure that our medications are safe. The companies manufacturing these medications ought to be able to police themselves more closely. Doctors and patients in Texas both rely on prescription drug manufacturers to ensure that the medications they are producing are safe for patients to use.
Source: Digital Journal, "Balanced Solutions joins list of pharmacies recalling products," Tim Sandle, April 22, 2013
]]>ShapeMatch Cutting Guides are used by surgeons during knee replacement operations. They are supposed to assist with the positioning of the new knee. They also help guide a surgeon when he or she is marking the bone for the operation.
]]> The manufacturer of the guides, Stryker Corp. voluntarily recalled the product saying that certain guides may have not have been manufactured correctly. Back in November of last year, Stryker told surgeons to stop ordering and using the products. It wasn't until January of this year that the company actually pulled the products from the market.The company voluntarily recalled the guides in response to complaints indicating there was a problem. One of those problems is that using faulty guides could result in the replacement knee not functioning the way it is supposed to function. This is not the first Stryker product to be the subject of a recall.
It is not known whether the company has been notified of any personal injury claims in connection with the use of the product. It is also unknown just how many patients could suffer setbacks as a result of this product being used by their surgeon. Anyone in Texas that believes they have suffered an injury as the result of this product being used in his or her knee replacement may benefit from finding out what the patient's rights are with regard to this product recall.
Source: foxbusiness.com, "FDA Says Recalled Stryker Knee Surgery Devices May Cause Serious Problems," April 10, 2013
]]>Both vehicles were traveling south on Highway 77 at the time of the accident. As the two vehicles approached a stop light, the motorcycle in front of the pickup truck came to a stop. The pickup truck did not stop and slammed into the back of the motorcycle.
]]> The motorcycle rider and his passenger were both taken to an area hospital to be treated for unknown injuries. Early the next morning, the passenger succumbed to her injuries and was pronounced dead at the hospital. The current condition of the motorcycle rider is not known at this time.Whether charges will be filed against the pickup truck driver remains to be seen. Regardless of whether any criminal charges are filed, the family of the deceased victim and the injured motorcycle rider each has the right to file civil action against the driver under Texas law. In order for the family to prevail in a wrongful death action and the injured victim to prevail in a personal injury claim, evidence proving that the pickup truck driver was negligent will need to be presented in court. If the court agrees that the driver's negligence caused or contributed to the death of the passenger and the injuries sustained by the motorcycle rider, it may award costs and other permissible damages to the parties. There is no way to make up for the losses suffered in this case, but monetary compensation may help in the financial recovery ahead.
Source: kxxv.com, "Victims in motorcycle accident identified," John Elizondo, April 9, 2013
]]>One such driver may end up the defendant in a civil suit. As the motorcycle rider and his passenger headed down Highway 25, a pickup truck traveling west on Farm-to-Market Road 368 had stopped at an intersection. When the pickup truck proceeded into the intersection, the motorcycle was unable to avoid hitting the truck.
]]> The impact threw the motorcycle rider's passenger over the pickup and onto the opposite side of the road. She was taken by helicopter to an area hospital to be treated for her injuries. The motorcycle rider, on the other hand, was pronounced dead at the scene. The driver of the pickup truck did not suffer any injuries as a result of the accident.The motorcycle passenger retains the right to file a personal injury claim against the driver of the pickup truck in order to recover the out-of-pocket expenses and other damages she has incurred such as medical bills and lost wages. Similarly, the family of the deceased victim has the right to file a wrongful death claim against the driver in order to recover the costs and damages they have sustained as a result of his death. Under Texas law, if it can be shown that the driver of the pickup truck was negligent, the court may award monetary compensation. This won't heal injuries or bring the deceased back to his family, but it may help with the financial burden these events have caused.
Source: TimesRecordNews.com, "One dead, one injured in highway accident," Alyssa Johnston, March 31, 2013
]]>The drug in question is Avastin, which is an intravenous cancer drug. Some physicians have been using the medication in what is called an "off-label" manner to treat severe cases of macular degeneration. The reason it's considered off-label is because the use of Avastin for the treatment of macular degeneration has not been approved by the FDA. Doctors are using the medication as a lower cost alternative to the drugs currently approved by the FDA.
]]> The medication in question was distributed by Clinical Specialists Compounding Pharmacy from Oct. 19 through March 19. The FDA currently does not have solid enforcement powers when it comes to compounding pharmacies. A recent outbreak of meningitis linked to a compound pharmacy in New England has caused the FDA to become more aggressive in its monitoring of compound pharmacies.Any patient here in Texas that has been given the prescription drug that is the subject of this current recall may want to contact their doctor. Those patients that have already contracted the infection caused by this batch of medication has the right to file civil action against Clinical Specialists and possibly others considering this medication was not approved by the FDA for use in treatment of macular degeneration. Hopefully, those that are already infected won't lose their sight.
Source: Los Angeles Times, "FDA issues another nationwide recall of compounded medications," Melissa Healy, March 21, 2013
]]>The camera will allow the family to see what it going on in the room of an elderly resident at any given time. The theory is that it would give the family peace of mind and act as a deterrent to neglect and abuse. The problem is it doesn't seem as though families are taking advantage of this option.
]]> The administrator at one facility says that they explain the Authorized Electronic Monitoring law to prospective residents and their families, but she has not had anyone interested in using it. This particular administrator believes that people don't take advantage of the option because they wouldn't put their loved one in a facility where they felt they had to monitor the staff. If a family truly thought their loved one wasn't safe, why would they leave them there in the first place?The problem with this theory is that nursing home neglect does exist here in Texas just as much as it does anywhere else in the country. Certainly, there are some wonderful facilities out there, but in this day and age, why would anyone not want that peace of mind. If there was abuse going on, it could be discovered much more quickly or even deterred by the use of a nanny cam. Protecting our elderly family members is just as important as protecting our children.
Source: NewsChannel10.com, "Effectiveness of a law preventing elder abuse," March 14, 2013
]]>The investigation conducted by the Texas Department of Public Safety determined that the man was driving a pickup truck on U.S. Highway 69 when he attempted to negotiate a left turn. As he made the turn, he slammed into the driver's side of a van. The driver of the van was fatally injured during the crash and pronounced dead at the scene. Two passengers in the van were taken to an area hospital to be treated for unspecified injuries.
]]> The driver of the pickup truck was also injured and was taken to the hospital. The trooper on scene requested a blood sample to be taken from the driver since he suspected he was drunk. The results of that toxicology test show that the driver's blood alcohol level was 0.187 percent at the time of the crash. He has since been charged with one count of intoxicated manslaughter and two counts of intoxicated assault.The family of the deceased driver and the two injured passengers retain the right to file a wrongful death claim or a personal injury claim, as applicable, in connection with the accident. By demonstrating that the driver of the pickup was negligent and that his actions caused or contributed to the death or injury of the van's occupants, the family and the other two victims may each be awarded the costs and damages they have incurred as the result of the accident. Filing a civil action won't change what happened that night, but it could help restore any financial loss sustained by the victims.
Source: ktre.com, "Huntington man accused of driving drunk in fatal wreck," Gary Bass, March 12, 2013
]]>It was around Christmas when the victim pulled out of his driveway and got no further than about three blocks away from his house when another driver blew through a red light and slammed into his vehicle. The victim spent several hours in a coma while bleeding from his brain and in his abdomen. Either one of his injuries separately would have been life-threatening; together, they should have killed him.
]]> Luckily, the two surgeons were able to operate on the man simultaneously to save his life. The surgeons believed that if they were able to stop the bleeding from both his abdomen and his spleen at the same time maximized his capacity for recovery; and they were right. Just six days after the accident, the victim walked out of the hospital. Months later, the victim has recovered.That day, the surgeons and staff at a hospital in Texas kept this man's family from having to either bury him or care for him for the rest of his life due to a brain injury. Even though the man won't require lifelong care, the financial effects of his accident may linger. In order to help defray at least some of the costs and damages the victim sustained in connection with the accident, he retains the right to file a personal injury claim against the driver that ran that red light. If he is able to prove in court that the driver was negligent and that driver's actions caused or contributed to his injuries, the court may award him monetary compensation. His physical recovery is most important, but a financial recovery may help make life easier.
Source: khou.com, "Radical surgery helps saves man's life after car accident," Jim Bergamo, March 4, 2013
]]>At the time the accident occurred, both drivers had pulled into a gas station on FM 1960 in the Houston area. Questions about what happened next have led to the murder charge. Police did not arrest the woman at the time because witnesses seemed to corroborate her version of events. The grand jury saw things differently, believing there was enough doubt to warrant the charge.
]]> According to the woman, the man she shot came up to her car screaming, using profane language. She says he began beating on her car and trying to open the door. She claims she was afraid and shot him. The victim's father challenges her version of events.The father says there is no evidence to show that his son ever touched the woman's car. In fact, he says that he was backing away from the woman with his hands raised, but she shot him anyway. The woman's attorney says she will turn herself in but did not give an exact date.
The family of the victim retains the right to file a wrongful death claim against the woman in connection with the shooting, regardless of what transpires in criminal court. If the family is able to show that the woman negligently or intentionally caused the victim's death, the court may award them the costs and damages incurred as a result of his untimely death. Monetary compensation will in no way make up for the family's loss, but it may give them a sense that the party deemed responsible was held fully accountable for the tragedy.
Source: chron.com, "Woman indicted in fatal shooting after traffic accident," Mike Glenn, Feb. 19, 2013
]]>The recall has been issued in order to correct a faulty fastener on the rear axle of some 2009 through 2011 Dodge Dakota pickup trucks, 2009 through 2012 Dodge Ram 1500 pickup trucks, 2009 Dodge Durango SUVs and 2009 Chrysler Aspen SUVs. The recall was originally limited to the pickup trucks. However, an influx of complaints led the company to expand the recall.
]]> Chrysler says that it has been made aware of only 15 non-injury accidents related to this faulty fastener. However, the breadth of accidents may not yet be known. The company says they have devised a fix for the problem, and the recall will begin in March of this year.Anyone that owns one of the vehicles that is part of this recall may benefit from contacting their local dealership to see if their vehicle is one of those that requires fixing. Further, if anyone owning one of these vehicles has been injured in an accident, and suspects the faulty fastener may have contributed or caused the accident, they may want to exercise their rights under Texas law to file a personal injury claims against the party or parties responsible for their injuries. If it can be shown that the party or parties deemed responsible were negligent, the court may award the injured party the costs and damages incurred as a result of the accident.
Source: Reuters, "Chrysler recalls 370,297 trucks for possible loose fastener," Feb. 14, 2013
]]>The woman was headed west on Texas FM 147 in her pickup truck at the same time that the elderly couple was traveling east on the same road. As the woman entered a curve in the road, she grazed one vehicle before slamming head-on into the couple's car. The driver of the pickup truck was taken to an area hospital to be treated for a leg injury. It is unknown if anyone was hurt in the vehicle the pickup truck grazed.
]]> The 73-year-old woman driving the couple's car suffered injuries so severe that she was pronounced dead at the scene. Her 78-year-old husband also suffered critical injuries and was taken to an area hospital. Despite the efforts of medical personnel at the hospital, the man later died from the injuries he sustained in the crash.Officials may determine what criminal charges, if any, will be filed against the woman after they have finished investigating the crash. In the meantime, the family of the deceased couple retains the right to file wrongful death claims against the driver in connection with the tragic accident. If they are able to show that the driver was negligent and that her actions caused the deaths, the family may be awarded costs and damages sustained as a result of this seemingly senseless accident.
Source: kwtx.com, "Elderly Couple Dies In Head-On Crash On Rural Central Texas Road," Feb. 4, 2013
]]>The boy was crossing the street with his mother when a car ran a red light and slammed into the boy's little body. He was then carried approximately 100 yards on the hood of the car before falling off the car onto the street. As the vehicle fled the scene, the driver inexplicably honked the horn at his mother.
]]> The boy was taken to an area hospital where medical personnel tried to save his life. However, his injuries were too great and he passed away. It wasn't until days later that the Texas teacher surrendered to police and confessed that she was driving the vehicle that struck the little boy. She has been charged in connection with the little boy's death and the fact that she didn't even stop to see if the boy was okay.The boy's mother will likely never be able to erase the memory of watching her son getting killed by a driver that then honked the horn at her as if it was her fault. No amount of money could ever replace a child, but it may help repair the financial impact the mother has sustained as a result of her son's death. She retains the right to file a wrongful death claim in order to recover her costs and damages, but also to seek some sense of justice on behalf of the little boy that will never have a chance to grow up.
Source: Examiner.com, "Texas teacher confesses to hit-and-run that killed 6-year-old boy," Richard Webster, Jan. 29, 2013
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