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Houston Personal Injury Law Blog

School bus vs truck accident on Eastex Freeway injures students

For many school students, going on a field trip is something they enjoy. They get to miss school, learn something new and enjoy visiting a different location. The JROTC students from Cleveland High School took a trip to NASA on Monday. On their way back from that field trip, they were involved in an accident when the school bus they were riding in ran into the back of an 18-wheeler.

The 18-wheeler was stopped in the middle of the Eastex Freeway when the accident occurred. No word has come about whether either driver will face charges or not. Houston police officers are investigating the crash.

Drunk driving accident claims sometime overlap criminal charges

We recently discussed the drunk driving accident that killed a mother and two of her children. The man who is said to have caused the accident wasn't facing criminal charges yet when we discussed the accident because the authorities were waiting on tests to come back to let them know his blood-alcohol concentration. That brings up a very important point about drunk driving accidents: these accidents can involve criminal cases and civil cases. Some of our Texas readers might not understand that while these proceedings are separate, they can affect each other.

We know that you have a lot to deal with after being injured by a drunk driver. One thing that we don't want you to do is to think that you can't seek compensation for your injuries in the civil court if the drunk driver is facing criminal charges. Even if the drunk driver is facing criminal charges in connection with the accident, you can still hold that driver accountable in a civil case.

Economic costs related to caring for victims of cerebral palsy

Few things are more heart-wrenching than visiting with children suffering from birth injuries. Many of them are sweet-natured and fun-loving. Most of these children are generally aware that they are different from other kids, but otherwise have the same childlike enthusiasm for life. However, the parents of those children are certainly aware of their kids' special needs.

Cerebral palsy is one of many birth injuries that affects children early in life. Like many birth injuries, CP has some preventable causes. According to the Centers for Disease Control and Prevention, a child born from a pregnancy using certain infertility treatments experience greater chances of having CP. Additionally, problems associated with the delivery of a child can result in CP. This includes things like placenta detachment, uterine ruptures or a bind in the child's umbilical cord that affects the infant's oxygen supply.

Alleged drunk driving accident kills 2 children and their mother

A woman and her two children are dead following an accident on a Texas highway. The accident occurred on a four-lane stretch of Highway 67 when a pickup truck was being driven against traffic. Just before the fatal crash occurred, police say they were informed of a wrong-way driver by a telephone caller who said the truck was on Interstate 35 and Highway 67.

The driver of the car the pickup truck smashed into was killed. Her 2-year-old son and 5-year-old son were also killed. Another child was taken to the hospital via helicopter. The single 22-year-old mother had left her grandfather's home just before being hit.

Can I sue for punitive damages in my Texas wrongful death claim?

The state of Texas recognizes that a wrongful death has occurred when someone is killed through the negligent, careless or unskilled actions of another. In most wrongful death cases filed in Texas, juries are permitted to seek punitive damages in cases where a person's wrongful death was caused by especially egregious actions. In other words, punitive damages are often awarded as a way to punish a party for his or her bad actions. Punitive damages also serve to act as a deterrent to similar future wrongful actions.

A 2013 case in Coryell County, Texas provides a good example of what constitutes actions deserving of punitive damages. In that tragic case, the surviving family members of a man killed by a drunk driver sued the truck driver's former employer. The drunk driver had worked at a nursing home and her employer had sent her home the day of the accident because she was drunk while at work. A jury found that the employer contributed to the wrongful death of the victim by knowingly allowing the driver to drive herself home after being dismissed.

Staying unbuckled can now affect Texas car accident injury claims

Anyone who drives a vehicle in Texas and almost everyone who rides in one should be aware that Texas has a law that makes seat belts required for occupants of vehicles that are traveling on the roadways. While many people put on these safety belts, some people opt to not wear them. That could prove to be a devastating blow to anyone who is involved in an accident.

What most people don't think about is how these seat belts can affect claims for compensation that are made in the event of a car accident. For the past 40 years, seat belt use or the lack thereof wasn't admissible in court. That meant that complainants in personal injury cases could have opted not to wear a seat belt and have been injured because of that decision; however, that fact couldn't be considered in the personal injury lawsuit.

Truck accidents have many causes, including driver error

Last week, we discussed how underride guards can have a big impact on some truck accident cases. That isn't the only thing that can have an impact on trucking accident cases. Our Texas readers might be interested in learning about some of the factors that can lead to an accident.

It should come as no surprise to our readers that truckers are usually bound by very tight schedules. They have to pick up loads at a specific time and deliver them at a specific time. When things happen and the pickup is delayed or the road conditions don't allow for driving as expected, the trucker might try to find ways to make up some time so they can make delivery times. That often leads to unsafe practices. That is why company policies are often a factor in truck accidents. Driver error when trying to make up time is another factor that falls along these same lines.

Failure to monitor isn't excuse for birth injury

Last week, we discussed how important labor monitoring is for a pregnant woman and her unborn baby. As we discussed in that blog post, when women aren't adequately monitored, issues can creep up that can cause harm to the mother, the baby or both. Our Texas readers might be very upset when they think about how someone's unwillingness to keep an eye on the woman in labor might lead to those types of issues.

Sadly, some parents will have to deal with medical problems and other issues with their child because of a medical professional's failure to properly monitor the mother and baby. Some parents will have to go home without their baby. Some babies will grow up without a mother or with a disabled mother because of a failure to monitor her while she was in labor. We don't want our readers to think that any of those situations is acceptable. There aren't ever any situations in which a failure of the medical staff to monitor the mother and baby is acceptable.

Is an underride guard important in my Texas truck accident case?

Many motorists who have been involved in truck accidents are sometimes confused as to why their attorneys seem to fixate on certain facts. That's because in truck accident cases, it is your attorney's job to review every aspect of your case and discover evidence that may result in the most favorable outcome for you.

Part of that analysis is to examine parts and components of the truck involved in your accident and figure out whether those items may have been substandard. For example, a truck with faulty brakes may have not been able to stop properly. A truck with cracked or missing taillights may not have been visible to other drivers. There are a myriad of mechanical problems that may have contributed to your accident.

Monitoring during labor is vital to prevent some birth injuries

Any woman who is going into a hospital or birthing center knows that she will be monitored, at least periodically, throughout her labor. This is done in an effort to make sure that the stress of the labor process doesn't harm the mother or baby. While this monitoring is usually effective, it isn't foolproof. There are some instances in which Texas mothers or their unborn babies might end up suffering injuries because the monitoring isn't done effectively or isn't interpreted properly. In those cases, the mother has the option of seeking compensation for her injuries through a medical malpractice lawsuit.

What some people don't realize is that nurses have a duty to their patients to alert the doctor if there is anything amiss in the labor process. While there are some situations the nurse might be able to deal with on her own, there are many that do require the assistance and expertise of a doctor. In those cases, it is vital that the nurse communicate with the doctor and take steps to keep the mother and her baby safe.