Texas Personal Injury Attorney Blog | Houston Montgomery County TX Car and Truck Accident Lawyer

Mother files wrongful death suit in fatal Beaumont truck accident

2012-02-06T16:06:38Z

A Texas mother recently filed a wrongful death lawsuit against a tow truck company and one of its drivers. In her suit, the mother alleges that the company and driver are responsible for the death of her son, who was struck and killed by the truck while he was out riding his bicycle.

The fatal truck accident occurred in February 2010 in Beaumont. According to police reports, the plaintiff's 65-year-old son was attempting to cross a street on his bicycle when he was struck by the tow truck. The bicyclist suffered massive injuries, and was taken by ambulance to a nearby hospital for treatment. Doctors were unable to repair his injuries, however, and he was pronounced dead just a few hours after the accident.

]]> In the lawsuit, the bicyclist's mother claims that the bike accident and the resulting fatality were caused by the neglect and carelessness of the tow truck driver. In addition, because the driver was operating the vehicle in the course and scope of his employment, the tow truck company that employed him was also legally responsible for the fatal crash.

If the court finds that the tow truck company allowed an untrained or otherwise unsafe driver to operate one of the company's vehicles, and that the company's negligence in doing so resulted in the bicyclists death, it may find the company liable for negligent entrustment. This law allows a person or entity to be held liable for the negligent actions of another if they negligently gave him or her the means that caused the injury.

The plaintiff is asking the court to award her damages for her son's medical and burial expenses, as well as the mental anguish she suffered following the crash and her son's death.

Source: The Southeast Texas Record, "Wrongful death suit brought against tow truck driver who struck cyclist," David Yates, Feb. 2, 2012

Child safety seats less likely to be used in carpools

2012-02-02T17:23:23Z

If you have young children, you likely take any and all precautions to keep them safe in the car, including, but not limited to seat belts, child safety seats, booster seats, not allowing them to ride in the front seat, and more. But what if your child rides in another parent's car as part of a carpooling arrangement? Do you always ensure that your child will be safe from car accident injuries when they ride in others' vehicles?

If you answered "no" to that question, you're not alone. According to a recent survey of nearly 700 parents in Texas and throughout the U.S., almost one-fourth of respondents stated that they would not ask another parent to install the appropriate child safety seat before driving with their child in the car. A similar number stated that they don't use the appropriate child safety seats in their own vehicles.

]]> This apparent disconnect could be causing unnecessary injury to children. According to the National Highway Traffic Safety Administration, car accidents are the leading cause of death for children between the ages of 3 and 14. The proper use of child safety seats significantly lowers the risk of crash death for children of all ages, but due to cost, convenience or any of a number of other factors, many parents are not properly using safety seats.

The American Academy of Pediatrics recommends that children use a booster seat from the time they outgrow their forward-facing car seat until they reach the height of 4 feet 9 inches tall. For most children, this happens between the ages of 8 and 12. The use of a booster seat will allow children to be protected, and not harmed, by standard vehicle seat belts that are intended for adults.

Source: Emax Health, "Parents Not Consistent About Safety When Carpooling," Denise Reynolds RD, Jan. 30, 2012

Vehicle-bike accident near Texas college kills three

2012-01-31T16:03:43Z

Three people are dead and at least one is injured after a series of collisions involving a pickup truck, a bicycle, and several other vehicles near Texas Tech University in Lubbock, Texas. Police are not yet sure of the cause of the fatal bike accident, but reports indicate that alcohol was most likely involved.

According to a police statement, the fatal series of events began in the early morning hours when a pickup carrying three young men traveled south on University Avenue in Lubbock. The vehicle suddenly traveled over a curb, rolled over onto its side and struck a 68-year-old man on a bicycle as he was attempting to cross University Avenue.

]]> The truck continued to slide on its side along University Avenue, snapping off the top of a fire hydrant before eventually coming to a stop.

Of the three men in the pickup truck, only the driver survived the accident. The other two, ages 23 and 27, were pronounced dead at the scene of the crash, as was the bicyclist.

The driver, a 26-year-old man, was arrested on suspicion of intoxication manslaughter. However, he was immediately released to a nearby hospital as a result of the massive injuries he sustained in the multi-vehicle accident. He was placed in critical condition. It is unknown whether the police will proceed with that criminal charge.

Many of the details surrounding the accident are still not known. Police say that there were four additional vehicles involved with one other victim, but they are declining to elaborate further.

This accident is just one example of the danger caused by people who choose to get behind the wheel and drive drunk. It is not known whether the victims' families will file personal injury or wrongful death lawsuits against the driver.

Source: Lubbock Avalanche-Journal, "Driver arrested, hospitalized after three die in pickup v. bicycle crash near Texas Tech," Adam D. Young, Jan. 29, 2012

Prozac Birth Defects

2012-01-30T16:55:05Z

The FDA recently required changes to be made to the warnings for SSRI drugs regarding use during pregnancy. Studies have shown a link between SSRI drug use by women during pregnancy and their children born with birth defects. For women who were prescribed and used Prozac during their pregnancy, they may have children born with a heart birth defect, such as tetralogy of fallot, transposition of the great arteries, hypoplastic left or right heart syndrome, ASD, VSD, and other birth defects such as club feet and abdominal wall defects. In addition, there has been a link between Prozac use during pregnancy and cranial and respiratory birth defects, such as craniosynostosis, PPHN, and pulmonary stenosis. If you or someone you know used a Prozac or another SSRI drug during their pregnancy and their child was born with a birth defect, contact a SSRI birth defect law firm today. These birth defects can be financially and emotionally devastating to families. If you or someone close to you has or is struggling with a traumatic birth defect resulting from SSRI use during pregnancy, contact a SSRI birth defect law firm now. Your child may be able to recover from the manufacturers of these drugs for the pain and suffering they've experienced. Lawsuits are being filed nationwide. It's imperative that you contact a law firm handling SSRI lawsuits today. There are important deadlines governing the ability to bring a claim for birth defects resulting from Prozac or another antidpressant use during pregnancy. Do not delay in contacting a SSRI birth defect law firm today to discuss the specifics of your claim.

Drunk driver receives murder sentence for fatal Texas crash

2012-01-28T00:42:08Z

A Texas woman will spend the next several decades in jail for driving drunk and causing the fatal accident that took the lives of four members of a single family.

The 40-year-old woman had previously pleaded guilty to four charges of murder for her actions on the night of the drunk driving accident that killed the four victims. Last week, a Texas judge sentenced the defendant to four 55-year jail sentences, which she will serve concurrently. She must serve at least half of her sentence before she will be eligible for parole or early release.

]]> The fatal accident took place in August 2010. According to court documents, the defendant was driving with a blood alcohol level of 0.11 percent, well over the legal limit, when she ran a red light. A nearby officer saw her run the red light and began to pursue her.

The defendant sped up in an effort to evade the police officer. She ran a stop sign and collided with a minivan carrying three generations of one family: a 55-year-old woman, her 21- and 15-year-old daughters, and the 21-year-old's infant son. The minivan was sent into a utility pole at a high speed, causing all four occupants of the vehicle to suffer fatal injuries.

Initially, the defendant was charged with intoxication manslaughter. Because the fatalities occurred while she was evading arrest, which is a felony, the charges were enhanced to murder.

It is not known whether the husband, father and grandfather of the victims will file a personal injury lawsuit against the woman that caused the deaths of four members of his family.

Source: Houston Chronicle, "Drunken driver gets 55 years for quadruple murder," Craig Kapitan, Jan. 24, 2012

Zoloft and Baby Heart Defects

2012-01-27T02:24:01Z

Zoloft has been suspected of causing heart defects in babies leading to many lawsuits by Zoloft lawsuit lawyers. Oftentimes doctors prescribe pregnant women the SSRI antidepressant Zoloft to help control anxiety or depression. Studies vary, however a link between baby heart defects and Zoloft has been established. In some cases, there are estimates that the incidence of baby heart defects may be as much as three times higher than that where the mother did not take Zoloft. Uses of and problems with Zoloft While Zoloft is an anti-depressant drug, it may be prescribed for other purposes. In fact, Zoloft is often prescribed for anxiety and a variety of eating disorders. Until recently, doctors did not question whether a woman of child-bearing age was pregnant or considering becoming pregnant. Today, it is becoming more common for these questions to be asked. Parents of children with heart defects Because of the higher-risk of baby heart defects, parents may be overwhelmed with medical bills to care for their new baby. Frequently, these children require major surgery, require additional time in the hospital and may also require long-term care. Being a parent is hard enough without suffering the burdens of having a baby who was born with a heart defect. Heart defects are not only dangerous but they may cause additional stress and may cause a number of increased medical bills. Mothers who were prescribed Zoloft should consider contacting a qualified personal injury attorney. If your child was born with a heart defect, you may have the right to file a claim against the doctor to help with the added financial burdens.

Sleep apnea testing could prevent Texas truck accidents

2012-01-24T17:21:26Z

Last year, a Texas couple was driving on Interstate 30 when they were suddenly slammed into from behind by an 18-wheeler when the truck driver fell asleep. The husband did not survive the massive truck accident, and upon learning that the driver of the truck had recently been diagnosed with obstructive sleep apnea, the widow took action. She began to lobby for truck drivers to be tested for sleep apnea, and taken off the road if they are found to have the disorder.

Recently, two government advisory panels released a proposal which, if adopted by the Federal Motor Carrier Safety Administration (FMCSA), would require all obese commercial truck drivers to be tested for sleep apnea. If they test positive for the disorder, the drivers would face consequences such as required evaluation or treatment or, in extreme cases, disqualification.

]]> Obstructive sleep apnea is a sleep disorder that is common among people with a body mass index (BMI) of 35 or higher. It causes shallow breathing or pauses in breath while sleeping, which, in turn, disrupts sleep. This often results in added fatigue during the day. Because commercial truck drivers often operate on less than a safe amount of sleep as it is, the additional burden of sleep apnea can significantly increase the risk of truck accidents caused by drivers falling asleep at the wheel.

To minimize this risk, the Motor Carrier Safety Advisory Committee and the Medical Review Board recently released a proposal that would require truck drivers with a BMI of 35 or greater to be tested for sleep apnea. Now, it is up to the FMCSA to decide whether to make the proposal into a law.

Source: The Huffington Post, "Sleep Apnea In Truck Drivers: Advisory Panels Recommend Screening For Condition In Obese Drivers," Amanda L. Chan, Dec. 19, 2011

Dublin Personal Injury Solicitors

2012-01-23T00:10:59Z

Dublin, Ireland personal injury solicitors work under very different laws than personal injury claim lawyers in the United States. Changes in the laws were enacted in 2003 which established a Personal Injury Assessment Board (PIAB) that required that any claim for personal injury that entails a financial settlement be handled through the board before seeking court assistance. This process does not bind either the claimant or respondent to accept their findings. Dublin, Ireland personal injury solicitors handle a wide range of personal injury claims including defective products, car accidents and other personal injury cases. Many people believe that in many personal injury cases, the PIAB does not allow for a proper representation by claimants. Rather than allowing direct testimony of any kind, the PIAB depends only on documents that are submitted on behalf of the claimant and the respondent. US law typically allows for remuneration for costs of legal assistance, this is not the case with PIAB. In most cases, those who feel they have a personal injury claim will have to go through several months of waiting before they can determine whether they should proceed. This is due to the structure of the PIAB which allows a long period of assessment which can be as much as nine months. In addition, the process allows for at least one extension of six months. All victims of personal injury are entitled to legal representation. However, the since PIAB does not allow for any type of oral arguments, many complaints are taken directly to the PIAB without the benefit of a personal injury solicitor. As with personal injury victims in the US, Dublin personal injury victims should always seek the assistance of a qualified personal injury solicitor.

Prozac Birth Defects Lawsuit

2012-01-21T04:59:14Z

According to a study completed by the Centers for Disease Control and Prevention (CDC), antidepressant usage increased more than 400 percent between 1988 and 2008. Unfortunately, in recent years, the FDA has discovered that one of the more commonly prescribed antidepressant medications, Prozac may have had side-effects that people never imagined. Today, more people are discovering that women to took the antidepressant Prozac either before conceiving or during pregnancy were giving birth to babies with serious birth defects including heart problems. When Eli Lilly began receiving and tracking information regarding these birth defects, they issued new warnings. Instead of merely suggesting that prescribing physicians be wary of prescribing Prozac during pregnancy, they have also suggested that they inquire whether women had an intention of getting pregnant. No parent should have to go through the heartbreak of having their child be born with one or more birth defects. However, thousands of parents are suffering due to the previously unknown side effects that could occur when the mother has been prescribed an antidepressant. Many people think that antidepressant medications are prescribed only for depression. However, women with other illnesses such as bulimia, an eating disorder), anxiety and obsessive compulsive disorder (OCD). Women who have been prescribed Prozac and have a child born with serious birth defects should contact qualified personal injury lawyers. Because of certain time limitations, there may be restrictions on when a medical malpractice lawsuit may be filed. When mothers are uncertain if they are eligible to file a lawsuit, contacting qualified personal injury lawyers is even more important. Board certified personal injury lawyers can help make sure that parents know their rights. Source http://healthland.time.com/2011/10/20/what-does-a-400-increase-in-antidepressant

Tetralogy of Fallot Caused by Prozac

2012-01-20T20:48:22Z

Tetralogy of Fallot is a heart-related birth defect that has numerous potential causes, one of them is that the mother has taken Prozac during her pregnancy. While this is not always the cause of Tetralogy of Fallot, it may be a contributing factor according to the manufacturer of Prozac, Eli Lilly. New parents want only one thing, for their babies to be healthy. When a baby is born with a birth defect, there are not only health worries for the infant, but additional burdens. These burdens can be significant, including lengthy hospital stays, costly surgeries and one or both parents may have to lose time from work to care for their infant. These factors place additional stress on parents who are already feeling the stress of a newborn infant born with a birth defect. When a doctor prescribes a drug, one of the most commonly asked questions to women of child-bearing age is "are you pregnant". However, there is significant evidence to suggest that the other question that should be asked before a doctor prescribes Prozac is "do you intend to become pregnant". Since Prozac can have a negative impact on the developing fetus, women of child-bearing age must be aware of the long-term consequences of taking this popular anti-depressant. Known as fluoxetine hydrochloride (generic name) Prozac is commonly administered to men and women of all ages. However, women who are of child-bearing age, especially those who have other risk factors associated with Tetralogy of Fallot, should be made aware of the additional risks. Parents who are considering filing a Prozac lawsuit against the prescribing physician, must hire a qualified personal injury attorney. Texas law has a statute of limitations as to when this type of lawsuit may be filed. Parents who have an infant born with Tetralogy of Fallot caused by Prozac will need to have the baby evaluated by a specialist. In some cases, medical bills can run into the tens of thousands of dollars. These costs should not be born by the parents, when there is a possibility of recouping some of the added expenses. Texas Statutes of Limitations specifically state that both product liability and medical malpractice suits must be filed within two years except in unusual cases that require a Discovery Rule which in some cases may extend those rights to a maximum of 10 years. Parents should not wait as the expenses they will need to pay will start nearly immediately. Contact a board certified Texas personal injury lawyer as soon as possible. Let them evaluate your case and determine if the birth defect Tetralogy of Fallot was caused by Prozac. In the event that this is a determining factor, a board certified Prozac lawyer can help.

Prozac Heart Birth Defect Lawyers

2012-01-20T17:27:15Z

Prozac Heart Birth Defect Lawyers around the country are pursuing cases on behalf of babies and their parents for birth defects caused by the use of the antidepressant by the pregnant moms. Some of these birth defects include tetralogy of fallot, coarctation of the aorta, transposition of the great arteries an many others. Parents of a baby born with any birth defect should investigate the use of any antidepressant during the pregnancy.

Several children injured in Texas school bus accident

2012-01-20T16:32:13Z

Nearly 30 children were taken to the hospital after the force of a collision with a truck flipped their school bus on its side. Three of the 29 kids injured were admitted to the hospital, and although all are expected to make a full recovery, they "face a long road," according to the school superintendent.

The school bus accident occurred early in the morning as the bus was on its way to drop students off at the first of three school buildings in the Temple area, about 60 miles northeast of Austin. As the bus neared the school, a tractor-trailer suddenly ran through a stop sign and collided with the bus, causing it to flip onto its side.

]]> According to police reports, the force of the collision injured many of the 38 students on board, even sending one nine-year-old child through the escape hatch in the bus roof. The bus driver was also knocked unconscious in the crash.

In sum, 32 people, including the drivers of both the truck and the bus, were taken to a nearby hospital and treated for injuries suffered in the crash. Most of the children were treated and released, but three children and the bus driver were admitted with more severe injuries. The driver was listed in critical condition. The truck driver was not seriously injured.

Police are not yet sure of the reason for the collision. Weather conditions were foggy on the morning of the crash, but it is unclear whether that was responsible for the truck driver's failure to stop. It is also not known whether police will file criminal charges against the driver.

Source: ABC News, "Texas School Bus Crash Sends 32 to Hospital," Jan. 18, 2012

Car accidents increase among military service members

2012-01-17T15:23:59Z

Last year, 48 members of the military were killed in fatal car crashes in the U.S., marking the highest motor vehicle accident fatality rate in three years. According to a leading insurer of active-duty troops, this increase marks a trend that is affecting a growing number of veterans: a loss of safe driving skills as a side effect of post-traumatic stress disorder.

In a review of the driving records of tens of thousands of military members before and after deployments, military insurer USAA found that car accidents in which the troops were at fault increased by about 13 percent after service members returned from overseas deployments. The crashes were especially common during the first six months after the tour ended.

]]> In previous years, military officials dismissed post-deployment driving trouble as a product of troops' irresponsible or erratic driving. But now, with the increased focus on post-traumatic stress disorder in the veterans of foreign wars, officials believe that PTSD may also be responsible for the driving difficulties.

Although these driving issues affect the veterans of all recent wars, researchers believe that the troops who served in Iraq and Afghanistan are uniquely affected. This is because one of the significant dangers of their combat experience was roadside bombs and other hazards on the road.

Thus far, there has only been minimal research into the driving problems that result from active-duty service and post-traumatic stress disorder. Several universities and veterans' programs have begun long-term research studies into the phenomenon. Hopefully, veterans will not need to wait until those inquiries are complete to receive treatment for their driving issues.

Source: New York Times, "Back From War, Fear and Danger Fill Driver's Seat," James Dao, Jan. 10, 2012

Risperdal maker agrees to $1 billion penalty

2012-01-11T21:50:43Z

Unconfirmed reports are claiming that Johnson & Johnson has agreed to pay more than $1 billion to the U.S. government and to several states to settle a dangerous drug claim. The settlement would mark the resolution of a civil investigation into the marketing of Risperdal, an antipsychotic medication that has been shown to cause serious side effects such as Gynecomastia, or enlargement of the breast tissue, in boys.

According to unnamed sources, the settlement will resolve the civil case filed against Johnson & Johnson by the United States and several states which have similar claims against the healthcare product manufacturer. It does not resolve the pending criminal complaint.

]]> Further, states with potential civil claims against Johnson & Johnson may choose whether to join in to the federal government's settlement or continue and pursue their individual cases. Thus far, Texas and 11 other states have sued Johnson and its Janssen unit, which sold Risperdal. Texas is asking for more than $1 billion in damages in a case that is scheduled to go to trial later this month. Other states that have already taken their cases to trial have been awarded more than $500 million in damages.

Risperdal was first approved by the FDA in 1993 for the treatment of psychotic disorders such as schizophrenia. Janssen soon sought to expand the permitted uses of the dangerous drug, attempting to market it as a treatment for bipolar disorder, dementia, and mood and anxiety disorders. On at least three occasions between 1994 and 2004, the FDA ordered Janssen to stop making false and misleading claims about the drug. The lawsuits filed by the state and federal government claim that Janssen did not comply with the FDA order, and continued to market Risperdal for disorders it had not been approved to treat.

Source: Crain's New York Business, "J&J to pay $1B in Risperdal probe," Jan. 5, 2012

Fog and wildfires contribute to massive Texas crash

2012-01-09T16:08:06Z

Nearly 80 cars were involved in a series of car accidents on a Texas highway last week. The multi-car crash caused the freeway to be shut down for several hours as emergency responders worked to treat the injured and clear the wreck.

According to police reports from the Jefferson County Sheriff's Office, the massive highway accident was actually a series of 22 separate crashes. The incident occurred at about 5:30 a.m. in the eastbound lanes of Texas 73 between Winnie and the Taylors Bayou Bridge.

]]> Police believe that a combination of heavy fog and smoke from nearby marsh wildfires contributed to the limited visibility that may have caused the series of accidents. The actual series of events is not known, but police on the scene issued 18 traffic citations to drivers who were believed to be operating their vehicles irresponsibly.

Troopers on the scene said that motorists in the eastbound lanes were driving about 70 mph prior to the crash despite the less than ideal conditions. They believe that the drivers traveling in the other direction were doing so more slowly and carefully.

At least 54 people were injured in the multi-car accident, with four declared in critical condition. One of the four had suffered a heart attack. But of the people who were still hospitalized later on the day of the accident, no one had life-threatening injuries.

The eastbound lanes of Texas 73 were closed for about four hours following the accident. There were no accidents caused by gawkers in the westbound lanes.

Source: Houston Chronicle, "54 injured in estimated 40-vehicle wreck on Texas 73," Jessica Lipscomb, Jan. 6, 2012