Recent Blog Posts
Serious Wreck Raises Liability Questions
Recently, two people were hospitalized in a near-fatal rear-end collision on Highway 281. Although these matters may seem like open-and-shut cases, there are several defenses that insurance companies can use to either reduce the amount of damages that victims can receive, or perhaps even deny them compensation altogether.
Police state that the crash occurred near Redland Road, not far from Hollywood Park. According to witnesses, one driver was weaving in and out of traffic. After the crash, both people were transported to area hospitals with serious injuries.
One motorist was charged with driving while intoxicated and reckless driving.
Possible Defenses
Although liability is fairly certain in this collision, other such instances are not nearly as clear cut.
Texas courts recognize the last clear chance doctrine, meaning that, in some cases, responsibility for a rear-end crash can be flipped. If Driver A hits Driver B from behind, Driver A is not legally responsible, if:
Plane Crash Kills Four Near San Antonio
A family of four was killed in an airplane crash north of San Antonio. Who is legally responsible for this tragedy, and what theories of liability may apply?
According to the Department of Public Safety, the single-engine craft went down shortly after it took off from Krestel Airpark in Spring Branch. Witnesses state that the plane nose-dived into a parking lot just east of Highway 281 and about a half-mile from the runway. When deputies from the Comal County Sheriff’s Office arrived on the scene, the plane was fully engulfed in flames. They later identified the victims as an area man and his wife, along with their 8-year-old daughter and 10-year-old son.
Officials from the Federal Aviation Administration are also participating in the investigation.
Fireball Collision on I-10 in San Antonio
A major northeast side truck crash resulted in a huge fireball that killed two people and seriously injured one other person. What can an attorney do to preserve crucial evidence in these situations?
Authorities are unsure why a truck driver lost control of the rig, but while it was in motion, the truck slammed into a concrete flyover pillar and burst into flame. Two people inside the cab were killed almost instantly; a third occupant was pulled from the truck and airlifted to a nearby hospital with severe burns. None of the victims’ names were released, and no other vehicles were involved.
The collision occurred on eastbound Loop 410 near Cherry Ridge.
Evidence in a Large Truck Crash
If either of these three victims pursues a negligence suit, the cause of this accident must be determined. There may have been driver error – the operator may have been distracted or going too fast around a curve. Or, there may have been a mechanical failure in the brakes, steering, accelerator, or other vital component.
Does the System Take Care of Injured Workers?
On average, according to a recent government report, companies pay only about 20 percent of the lost wages and medical bills that injured workers incur.
Texas is one of only two states where employers can opt out of the no-fault insurance system. Although not carrying workers’ compensation leaves companies open to negligence lawsuits, many firms are willing to take the risk. As a result, the workers’ compensation system is dangerously underfunded. At the same time, states have dramatically scaled back on benefits. According to the study, one worker had to go to the first-aid clinic 94 times before the company finally approved a doctor visit.
Overall, fewer than 40 percent of injured workers receive any benefits at all. The reasons for the statistics vary. Many times, however, the insurance adjuster denies reasonable claims, blaming them on a preexisting injury. As a result, a workplace injury is financially crippling for many families. In the decade after the accident, injured workers see their earnings fall by an average of $31,000.
Lexus Splits in Half After Intoxicated Driver Crosses Median
Two people are dead after a serious car crash on the North Side, when their car skidded across a median into oncoming traffic. The driver admitted to police that he was under the influence of marijuana at the time.
The 19-year-old man was southbound on U.S. 281 near Sonterra Boulevard when he apparently lost control of his Lexus. The car rumbled across a grassy median and broke through a protective cable before it became airborne and landed into oncoming traffic on the opposite side of 281. The Lexus crashed into a Toyota head-on, and the force of the impact split the Lexus in half.
A 17-year-old man and a 20-year-old man, both passengers in the Lexus, were declared dead at the scene. The two people inside the Toyota were rushed to a local hospital in critical condition, as was the 19-year-old Lexus driver. According to police, the driver will be charged with multiple counts of intoxication assault and intoxication manslaughter.
Mayor’s SUV Wreck Headed to Court
Four people have filed suit against both the mayor and the City of San Antonio. What facts do they need to prove in order to win money?
The lawsuit stems from an East Side crash at the intersection of East Houston and North Hackberry. Mayor Ivy Taylor’s SUV was northbound on Hackberry and the other vehicle, a Chrysler convertible, was eastbound on Houston. Both vehicles entered the intersection at about the same time. Witnesses disagree as to subsequent events. Some claim that the SUV had the right-of-way, while at least one insisted that the Mayor’s vehicle entered the intersection against the light.
All three occupants inside the Chrysler were rushed to local hospitals. According to the lawsuit, one of these victims “has suffered permanent brain damage and severe cognitive insults resulting in loss of bodily function.”
Authorities Blame Excessive Speed for San Antonio Fatality
Speed was the leading factor in a serious car crash on the North Side that left one person dead and two others in the hospital.
According to police, a 19-year-old man was traveling southbound in the 14800 block of Nacogdoches Road (Highway 2252) between O’Connor and Judson. As he attempted to pass another car, he accelerated and lost control of his vehicle, eventually winding up on the opposite side of the road. His car was T-boned by a northbound vehicle.
First responders had to use the Jaws of Life to extricate the man from the wreckage, and he was pronounced dead at the scene. Two occupants inside the other vehicle were rushed to a local critical care unit with various injuries, but were expected to survive.
Prove It
East Side Wreck Highlights Evidence Collection Techniques
Police are still looking for answers in an East Side collision that involved Mayor Ivy Taylor’s SUV and another passenger vehicle. Gathering evidence is one of the most critical areas of a motor vehicle crash case.
Witnesses gave conflicting accounts of the accident at the intersection of East Houston and North Hackberry in San Antonio. While some stated that the SUV was traveling northbound and the other vehicle, a Chrysler convertible, was moving southbound, others insisted that the opposite was true, so it could not be immediately determined who had the right-of-way.
It is certain that three people were rushed to local hospitals as a result of the collision, but they are expected to survive. The injured included members of the Mayor’s security detail and occupants in the convertible, but not the Mayor herself.
Employer Workers’ Compensation Fraud
Employee fraud always seems to make the headlines. Recently, a postal worker claimed that she was unable to “stand, sit, kneel, squat, climb, bend, reach, grasp or lift mail trays” as a result of a workplace injury. She was, however, able to appear on The Price Is Right and spin the “big wheel” twice. However, despite the headlines, employer workers’ compensation fraud is a much more serious problem.
Misclassification
To save money, some companies classify their workers as “independent contractors” instead of employees. The stakes are high. According to one estimate, employers can shave as much as 30 percent off their payroll costs through misclassification.
Should Pregnant Women Take Glyburide or Insulin?
A recent study that compared the two most common anti-diabetic drugs produced somewhat mixed results, insofar as birth injuries are concerned.
Researchers at The University of North Carolina followed about 100,000 pregnant women with diabetes. Approximately half received insulin, and the other half received glyburide, which is sold under various trade names, including Glynase, Diabeta, Semi-Daonil, and Micronase Daonil.
Glyburide mothers had higher rates of severe obesity and preeclampsia. Their babies were at a higher risk for NICU admission, respiratory distress, hypoglycemia, preterm birth, and birth injury. Insulin mothers and babies had higher incidence of obstetric trauma, jaundice, and C-sections.
Dr. Richard Hold at The University of Southampton in England concluded that the study “heightens residual concerns about the use of glyburide to treat [gestational diabetes] that need to be resolved before this drug should be recommended for continued use in pregnancy.”
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