Recent Blog Posts
Liability in Rented Vehicle Crashes
Most people move between May and September, and with the moving season upon us, there will be more U-Haul, Ryder, and other rented large trucks on area roadways. As a general rule, these vehicles are unwieldy and difficult to drive, particularly for drivers with little or no experience in handling these trucks and who are unfamiliar with the area.
Traditional third-party liability theory does not apply in this area, thanks to an obscure federal law on the subject. However, in many cases, the vehicle’s owner or agent (normally a franchisee) may be liable for damages in a truck crash case.
The Graves Amendment
In the early 2000s, a large car rental company ceased operations in several states after a Connecticut jury ordered it to pay a huge sum of damages in a case that involved a fatal rear-end collision and a rented vehicle. The jury concluded that the vehicle rental company was negligent for renting the vehicle to a driver that it should have known was dangerous.
Roving Dogs Attack Youngsters, Injuring Four People
One of the first major animal attacks of the year occurred at a North Side grade school.
A pit bull and Chihuahua found a gap in a newly-erected fence and entered the school yard while children were at recess. The dogs went on a rampage, biting three children and scratching another one. According to a district spokesperson, some of the children were “walking up and down playing with the dogs on the other side of the fence,” and subsequently “the dogs came into the playground.” Animal Care Services picked up the dogs, and placed them into quarantine.
At least one victim’s family filed a case with ACS. School officials say that the fence was immediately repaired.
Dog Bites
Every day, 1,000 people are hospitalized following animal attacks. The medical bills associated with these stays are significantly higher than other injury-related stays, mostly due to the age of the victims and the serious nature of the injuries. Most dog bite victims are children, and they suffer injuries such as:
Another NFL Player Retires Prematurely Over Head Injury Concerns
After having played 10 years and never missing a game or practice, the New York Jets’ star left tackle is hanging up his cleats, largely due to the fear of brain injury.
D’Brickashaw Ferguson, who as a youngster was told that he could never play contact sports after undergoing open heart surgery at age 9, never even appeared on the team’s injury list during his playing career. The former Freeport High School (Long Island) and University of Virginia standout became a Jet with the fourth overall pick in 2006. Last year, Mr. Ferguson said he felt “betrayed” by the National Football League over its handling of the link between professional football and chronic traumatic encephalopathy (CTE); he said that his declining skills and the possibility of a pay cut also loomed large in his decision.
A teammate praised Mr. Ferguson, who went to four Pro Bowls, by saying he was “the most authentic person I know. I love him. His loyalty, how he treats others, goes beyond football.”
Who Had The Right-of-Way?
Investigators have not yet assigned fault in a serious car crash on the Far Northwest Side that killed a vehicle passenger.
The wreck took place near the intersection of Braun Road and Wildhorse in Helotes. According to police, one vehicle was making an unprotected left turn into a subdivision when it was struck by an oncoming truck, which had a steady green light. A 62-year-old female passenger in the vehicle was killed almost instantly.
Police do not believe that alcohol was a factor.
Multiple Fault in Car Crash Cases
At its core, the duty of reasonable care means that drivers must take steps to avoid car crashes whenever possible, and the last clear chance doctrine is a logical extension of this concept. Last clear chance often applies when, for example, Vehicle A stops short or makes an unsafe lane change and Vehicle B rear-ends Vehicle A.
In these situations, and others like them, the last clear chance doctrine can flip liability, if the otherwise negligent driver had the opportunity to safely avoid a crash, by braking or changing lanes or other actions, but failed to take advantage of this opportunity. It is important to note that the driver must have the last clear chance to avoid the crash, as opposed to the last possible chance.
South Side Car Crash Kills Two
An area man faces multiple charges after he was allegedly intoxicated when he slammed his car into a tree and killed two people.
Witnesses and police state that a driver lost control of his silver car as he tried to pull off the exit ramp of Interstate 35 and onto the service road. Apparently, instead of straightening out the car, he continued at an angle and eventually smashed into a large tree. First responders had to use the Jaws of Life to free the trapped driver, who was rushed to a nearby hospital in critical condition. The other two passengers in the vehicle were both declared dead at the scene.
The man was charged with two counts of intoxication manslaughter. Investigators also believe that excessive speed was a factor in the crash.
Alcohol Liability
Alcohol is a factor in about one-third of the fatal car crashes in South Central Texas. Consuming as little as one drink can cause significant driving impairment, specifically by inhibiting motor skills, impairing judgment and impeding the ability to multitask (e.g. some intoxicated drivers cannot simultaneously watch the speedometer and the road).
Get Ready for Even More Traffic and Truck Wrecks
The Panama Canal will soon be able to accommodate much larger cargo ships, which almost certainly means more large trucks on Interstate 35.
An extensive slate of renovations was originally scheduled to be in place by October 2014, but a string of labor difficulties and contract disputes kept delaying the project. That project includes mechanical gates that should reduce traffic congestion, along with larger locks that can accommodate post-Panamax ships (the Panama Canal’s prior maximum size) that are up to three football fields long and can carry 2.5 times as much cargo as smaller vessels.
The $5.2 billion upgrades will begin accepting ships on June 26, 2016.
Truck Wrecks
For the last 20-plus years, Interstate 35, which runs from Laredo all the way to Duluth, Minnesota, has been the main route for consumer goods being imported from Latin America. In Texas, about a quarter of the vehicles on Interstate 35 are large trucks. More available goods mean more trucks, along with the significant possibility of more truck crashes.
Fatal Car Crash Raises Liability Questions
A man is dead after his vehicle was sandwiched between an abandoned vehicle and an onrushing car near Uptown.
According to police, the victim was northbound on I-35 near O’Connor when he collided with a stalled vehicle that had apparently been abandoned in the roadway. Moments later, another vehicle smashed into the rear of the victim’s car, killing him almost instantly.
No one else was injured in the incident.
What Happens in a Car Crash Trial
Both in court and at mediation sessions, each side has an opportunity to present its version of events. The plaintiff is nearly always the victim or deceased victim’s family, and the defendant is generally an insurance company appearing on behalf of the tortfeasor (negligent driver).
In a hypothetical trial or mediation concerning the above wreck, the sudden emergency defense would probably come into play at some point. This doctrine ameliorates or possibly excuses liability in the case of:
Catastrophic Brain Injury at Dental Office
An area preschooler suffered a serious brain injury during a seemingly routine trip to a local dental office.
The 4-year-old girl visited a dental office in Houston to have several decaying teeth treated. Then, according to documents filed with the Texas Board of Dental Examiners, the girl went into convulsions after being sedated. Instead of calling for emergency personnel, the dentist allegedly administered Halcion; in fact, it was “several hours” before emergency responders arrived on scene. Doctors believe her injury to be permanent, and according to her mother, the girl can “follow voices sometimes but she can’t look directly at a person anymore.” The girl received treatment in four different hospitals, and is now in a physical rehabilitation center.
The dentist was disciplined in 2005 for failing to meet the “minimum standard of care,” and again in 2012 for falling “below the minimum standard of care in the sedation of a minor.” A license revocation hearing is pending.
$502 Million Dangerous Products Verdict
A Dallas jury has ordered DePuy Orthopaedics to pay compensatory and punitive damages to five victims who received defective hip implants.
The jury deliberated for nearly six days before ordering the medical device maker – which is a division of Johnson & Johnson – to pay $142 million in actual and $360 million in punitive damages. Lawyers for the five victims, one of whom is from Boerne, argued that the Metal-on-Metal (MoM) artificial hips were defectively designed, causing premature failure and intense pain. Furthermore, according to court documents, DePuy knew about problems with its Pinnacle and Ultamet implants, yet failed to warn patients or doctors due to the risk of decreased sales. DePuy and other hip implant makers have consistently denied that their products are unsafe. About 8,900 defective hip implant cases have been consolidated before U.S. District Judge Ed Kinkeade in Dallas, and plaintiffs expect the next trial to begin this fall.
In October 2014, a separate jury determined that DePuy was not negligent under similar facts.
Fatal East Side Motorcycle Wreck; ‘Like A Receipt In The Wind’
A motorcyclist desperately tried to avert a serious collision on the East Side, but the incident was probably unavoidable.
The wreck occurred near the intersections of White and Houston Street. Police say that a motorcycle rider was speeding and unable to avoid a vehicle that turned left directly in front of him, resulting in a T-bone collision. An eyewitness added that the motorcycle rider apparently tried to jump off the bike before striking the car, but he was unable to do so. According to the witness, the rider “hit the car as well, then he went tumbling like a receipt in the wind.”
The motorcyclist was declared dead at the scene; a vehicle passenger was transported to a local hospital with various injuries.
Comparative Fault
In many car crashes, both motorists arguably share responsibility for the crash. For example, in the moments leading to the above incident, the vehicle driver apparently made an illegal turn and the motorcycle rider was allegedly speeding.
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