San Antonio Injury Lawyer Blog

Another Tractor-trailer Collision in Kenedy, Texas

Tue, 21 May 2013 14:10:53 -0600

Another motor vehicle crash just outside Kenedy, Texas involving a tractor-trailer, 18-wheeler, has claimed four lives and seriously injured one other person. The four deceased all worked in the oil and gas industry in the area.

The initial investigation indicates that the four deceased were heading back to an oil rig after spending time in a bar in Kenedy, Texas. It is too early for anyone to determine the cause of the accident. If it is determined that the driver of the car involved in the accident had a blood alcohol content over .08 it is likely that DPS will assign most if not all of the fault on the driver of the Honda involved in the wreck. However, hopefully the investigation will not end without investigating all potential causes of the accident.

In addition to determining the alcohol content of the driver, an investigation should include: whether the trailers turn signals, brake lights, conspicuity markings and all other safety lighting and equipment were operating correctly; whether the 18-wheeler was turning properly and made safely; and whether the bar that served the alcohol to the deceased violated any dram shop laws. One of the deceased was only 18 years old and should not have been allowed to consume any alcohol.

Our thoughts and prayers go out to the deceased and their families.

Trucking Dangers in the Eagle Ford

Fri, 10 May 2013 13:37:04 -0600

An accident involving an 18 wheeler and a Toyota Camry occurred outside of Kenedy, Texas near Pawnee, Texas on State Highway 72. Apparently, a Toyota Camry struck the rear of the tanker truck which was stopped. The accident occurred in the morning. The driver was airlifted with serious injuries to a hospital in San Antonio. Trucking companies often will take the position if they are struck when stopped the other driver is at fault.

It is often necessary in rear-end collisions to look at various aspects of the accidents to determine fault. Was the truck or 18 wheelers brake lights and/or flashing lights operable, did the truck have flares, triangles, or other warning devices out at the scene? Other factors could include a lack of proper conspicuity reflecting tape/signage to illuminate and identify the trailer? Did the truck driver start to pull-out onto the highway after being stopped?

This accident is a chilling reminder how dangerous the roads have become in and around Karnes County. The site of this accident is less than 10 miles from our Kenedy office and is on a stretch of road we often drive.

In a recent case involving an accident between a commercial vehicle and our client’s vehicle we determined through the discovery process that the commercial vehicle had pulled off the road and made an illegal and dangerous turn from the shoulder of the roadway directly in front of our client. Our client was unable to stop his vehicle that was traveling at highway speeds and crashed into the commercial vehicle. Likewise, we have recently successfully represented a client that was rear-ended by an 18-wheeler. Our client, along with numerous other vehicles, had properly stopped on a stretch of highway where police were inspecting a collision ahead. The truck driver was paying no attention and according to the electronic data we recovered from his vehicle, was travelling at speeds in excess of 75 miles an hour before coming up on and striking our client’s small SUV.

18-Wheeler, and for that matter any type of commercial vehicle cases, require much more involvement, investigation, knowledge and experience than a wreck involving 2 passenger vehicles. There are numerous State and Federal regulations and guidelines that govern the conduct of these drivers and the companies they work for; as a result, anyone inured by the negligence of a commercial driver or commercial trucking company should consult an experienced trucking lawyer.

Tire Defect May Cause Auto Accident

Tue, 31 Jul 2012 13:21:09 -0600

Del-Nat Corporation is recalling certain Chaparral tires used on light duty motor vehicles. The tires being recalled were produced from September 2008 through December 2009. The tires being recalled may suffer from blistering on the sidewall which could cause the tire to experience bubbling or chunking. If this occurs the tire could experience air loss.

There is a potential for a serious auto accident as a result of this defect. This recall is likely to be less effective because many of these tires are on many vehicles that have changed owners and the current owners will not get notice of the recall.

If you are involved in an accident that may have been caused by tire failure it is advisable to search all recalls in order to determine if the tire that failed was subject to a recall.

Vehicle Tire Failure Can Cause Accidents

Sat, 28 Jul 2012 13:31:38 -0600

Certain Goodyear Wrangler Silent Armor Tires are being recalled because partial tread separation is possible under certain severe usage conditions. Partial tread separation could cause vehicle damage and even total tire failure resulting in a motor vehicle crash.

Most of the tires involved in the recall were produced in 2009. Because many of the vehicles have changed hands it is possible the recall will be less effective.

Whenever a vehicle accident is caused by tread separation it is necessary to investigate any recalls. If there are no recalls it may be possible to have a tire expert evaluate the tire for defects.

Overloaded or Underinflated Tires can Cause Accidents

Fri, 20 Jul 2012 13:41:58 -0600

The danger of under inflated or overloaded tires is evident in a recent tire recall. Cooper Tire and Rubber is recalling certain Discoverer H/T tires because the tires have been produced with an incorrect load range and incorrect inflation range stamped on the tires.

The National Highway Traffic Safety Administration (NHTSA) stated that the inaccurate tire labeling may lead to the tire being over-loaded and/or under-inflated, increasing the risk of a vehicle crash.

Not only can improper inflation cause accidents because of tire failure, improper inflation can cause a motor vehicle to brake and steer improperly.

Truck Accidents Caused by Axle Beam Failure

Sun, 15 Jul 2012 14:40:17 -0600

Mack Trucks is recalling certain model trucks produced from 2002-2005. The front axle beam on the affected trucks may develop fatigue cracks. These cracks could result in a complete failure of the front axle.

Texas Drivers recently involved in an accident involving a Mack Truck should investigate whether a failure of the front axle may have contributed to or caused the collision.

Any auto accident with a Heavy Duty Truck can have devastating results. Even the weight of an unloaded truck can be several times the weight of a passenger car or pick-up truck. Wrecks involving 18-wheelers, heavy duty transportation trucks, or any specialized cargo carrier, are more complicated and involve a deep understanding of the Federal Regulations which are administered by the Federal Motor Carrier Safety Administration (FMCSA) much more than an ordinary auto accident. Our firm has particular knowledge and experience with these types of cases, and if you or a family member has suffered as a result of the negligence of a trucking company or its driver, we can help.

Dog Attacks Two Year Old

Tue, 10 Jul 2012 16:17:31 -0600

A two year old girl was recently attacked by a Rottweiler when the child opened an unlocked a yard gate. The dog was in the yard behind the unlatched gate when the neighbor’s young child lifted the latch. The 3 year old Rottweiler tore the child’s scalp off. The grandmother of the child got on top of the toddler to protect the child from further attacks. A neighbor or passerby called 911 and the police arrived and the child was taken to the hospital.

Texas law protects children and adults alike from dangerous dogs, and in most municipalities there are laws requiring animals to be restrained with leashes, fences and other enclosures that are capable of containing the animals and protecting the neighboring public from dangerous or vicious dogs. Some breeds are known for these propensities, even without provocation, and owners must take the necessary and reasonable steps to guard against attacks.

We have investigated and handled many attack scenarios and are experienced in assisting families that have been devastated by serious injury caused by attacking animals.
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Texas Well Drilling Explosion

Fri, 06 Jul 2012 16:28:38 -0600

The family of an East Texas man killed in an oil and gas well explosion is preparing to file a wrongful death lawsuit. According to information available through news reports, a high pressure water line cap ruptured. With all of the fracking utilized in the Eagle Ford and other drilling exploration, the dangers to workers and the consequences to families can be devastating. Serious personal injury and deaths are occurring when high pressure lines are exploding and causing well equipment to become flying debris with the ability to cause permanent harm.

Rush & Gransee have opened their office in Kenedy, Texas to be closer to their clients working in and around the Kenedy, Karnes County and Eagle Ford areas. If you or a family member has suffered as a result of the increased 18-wheeler traffic, or has been injured due to careless operators, we can visit with you in your area without the need to travel to San Antonio.

Tractor-Trailer Rigs Getting Bigger?

Sat, 30 Jun 2012 14:50:58 -0600

The Coalition for Transportation Productivity, a transportation advocacy group, has come out supporting a bill that would allow heavier and longer trucks on the highways. The legislation has been introduced that would allow tractor trailer trucks to increase their weight from 80,000 pounds to 97,000 pounds and in some cases up to 126,000 pounds. The legislation would allow the largest rigs to be up to 10 feet longer for a total length of more than 100 feet.

We are against allowing heavier and longer 18-wheelers on the roads and highways. The increase in length will make it more difficult to safely get around the trucks and it will make the trucks much more of a hazard whenever they attempt to turn, corner or backup. The added weight will make the big rigs more deadly and more difficult for their drivers to stop in an emergency.

18 Wheelers already pose an increased risk to all Texas Drivers, increasing their length and weight is an unacceptable risk.

Plastic Natural Gas Pipe Subject to Failure.

Sun, 24 Jun 2012 16:39:13 -0600

A type of plastic pipe that caused a natural gas explosion in California has been known to create a potential threat to the public. A type of plastic pipe manufactured in the 1970's and used to transport natural gas is prone to failure. When underground pipes that transport natural gas fail the results can be catastrophic.

Pipeline operators such as public utilities are not required to report pipe failures. Many operators have fought against disclosure and have taken the position that voluntary reporting is sufficient.

Pipelines that transport natural gas need to be monitored and any failures need to be reported to keep the public as well as those that work on pipelines safe.

Auto Insurance In Texas

Wed, 20 Jun 2012 14:22:30 -0600

Texas drivers are required to have a minimum of $30,000.00 in automobile liability coverage to compensate someone for their injuries. This is the bare minimum and it only compensates the accident victim, not the insured. If you are injured by an uninsured driver and you only have liability coverage, you will not be compensated for your losses or injuries as a result of the accident. Many Texans drive on our public roads without any insurance and those who have coverage often only have the minimum amount of coverage.

We often counsel clients to purchase uninsured/underinsured coverage ('UIM"). This coverage protects you or your family when injuries are sustained in a motor vehicle accident and the at fault driver doesn't have any insurance or enough coverage to compensate you or your family. Purchasing UIM protects you and your family while purchasing liability coverage protects other drivers.

Recently, it has been disclosed that Allstate Insurance Company has seen their numbers of new customers, for their automobile insurance, decline rapidly. Allstate has struggled recently to bring in new clients but it is still the second largest automobile insurer. Progressive Corp. and GEICO have increased the number of new auto insurance policies they underwrite. Some popular auto insurance companies in Texas operate primarily without agents such as AMICA. Sometimes for a few more dollars you can get a substantially better auto insurance policy as compared to the bare bones cheapest product in the market.

We suggest that you compare quotes with numerous auto insurance companies and before purchasing you contact a Texas Personal Injury Lawyer and ask for their opinion as to whether the insurance company you are considering has a reputation for being fair.

Insurance Companies Sued by Police Officer

Sat, 16 Jun 2012 17:04:18 -0600

Recently, an off-duty police officer was hit by an automobile while directing traffic. The officer was in uniform but was working for a private company directing traffic when struck by a driver that denied seeing the officer. The injured officer has incurred tens of thousands of dollars in medical bills; however his workers compensation carrier is denying coverage and his own insurance has denied coverage. The woman who hit him only had minimal coverage.

According to the officer the workers compensation carrier and his medical insurance carrier are pointing fingers at each other.

The lesson from this story is that even when you believe that you are fully covered by having auto, health and workers compensation insurance the carriers will use loopholes to get out of paying valid claims if possible. Many people believe that their insurance company must treat them fairly; however, this is not true. The idea of an insurance company having a special obligation beyond what is spelled out in the contract is sometimes referred to as the obligation of "good faith and fair dealing."

Many years ago, the Texas Supreme Court believed that insuring contracts included the requirement that the insurer treat its customer fairly. They routinely held that contracts between consumers and companies included the requirements of "good faith and fair dealing". This was partly based upon the unequal bargaining position of the parties. In other words, because you are required to have auto insurance, and if all auto policies have loopholes and technicalities, the Court would ignore the insurance loophole and say they must treat the consumer fairly regardless of the loophole.

However, now the Courts only look to the exact wording in the contract and they will let the insurance company off on a technicality if possible. If you have been seriously injured and are seeking the insurance benefits you have paid for, it is all too often necessary in many cases to hire a Texas Lawyer with insurance coverage experience to get the benefits owed.

Child Brutally Attacked by Dogs

Mon, 04 Jun 2012 14:15:13 -0600

Recently, a 19-month old child was attacked by a pack of dogs in Tarrant County. The child was rushed to the hospital. At the hospital, doctors tried to reattach the child's ear which was torn off in the attack.

The dogs’ owners were arrested and could face up to 20 years in prison. There had been eight prior police calls to the area because of incidents related to dogs.

Dog bites can be serious and life threatening. In San Antonio there is a special municipal court that handles vicious dog complaints. The San Antonio Court that handles dog bite cases can impose substantial fines and order that a dog be quarantined or euthanized.

The San Antonio Animal Court does not award damages to the injured party. In order to pursue damages in a dog bite case it is best to hire an experienced lawyer that can pursue the dog owner and file suit if necessary.

Drunk Driver Kills One Child and Injures Another

Fri, 01 Jun 2012 14:29:14 -0600

Recently, an alleged drunk driver in Houston, Texas slammed into a front porch killing one child and injuring another. An accused drunk driver slammed his Ford Crown Victoria into the front porch of a Houston apartment where two children were playing.

One of the two children was killed and the other child suffered burns over 40% of his body when a barbecue grill was upended in the accident.

This was not the driver's first accusation of drunk driving.

We have extensive experience in motor vehicle accidents that involve drunk driving. Because of the reckless nature of drunk driving and the risk it poses to society, accident cases that involve an allegation of drunk driving can be more complicated and involve additional and different legal issues than many involving sober drivers. Make sure that your lawyers know how to present a drunk driving accident so that you will be fully compensated.

Medical Devices Not Properly Screened

Mon, 28 May 2012 13:51:07 -0600

In the last 11 years over 600 medical devices have been approved for use in humans by a procedure referred to as 501(k). The 501(k) is a process whereby devices used in cardiovascular care, neurology, obstetrics and gynecology, and most areas of medical device production can be approved with very little oversight.

The benefit of this easier and less demanding approval process is that incremental improvements of previously approved medical devices can be brought to market quicker and for less money. However, it can also act as a shield protecting manufacturers from liability when they produce defective products that are inserted into patient’s bodies.

The FDA safety-surveillance strategy has been to rely on hospitals and physicians to report medical device failures. This reporting system fails to identify medical product defects until there have been extensive reports of failures. Also, it requires that an extensive analytic review be done as reports of failure are made.

To properly identify and track medical device failures it has been proposed that all medical devices implanted to the human body be followed with regular reporting of the devices status. This could be done by the patient or the primary care physician.

The quick and easy approval process known as 501(k) should not allow faulty and defective products to harm the public and then give the manufacturer limited or no liability by claiming the product was “approved” when the approval lacked full investigation at the request of the manufacturer. A method to track the results of all medical devices is needed as well as a method to hold the manufacturer liable if there product harms the public.