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evidence, black box, New Braunfels Car Crash Lawyer

Much like strong walls are made from solid bricks, successful truck wreck cases are built with solid facts. To continue the analogy, it is an investigator’s job to collect as many facts as possible, and an attorney’s job to select the most favorable facts and assemble them in the best way possible. However, today’s investigator is just as likely to be a person with a lab coat as a 1980s TV detective with a fast car, quick wit, and a sharp tongue.

Established Methods

In many respects, the most important investigator is the victim. If possible, get the name and contact information of all witnesses. Take pictures as well, not only of the damage to the car and any personal injuries, but also of the surrounding area.

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Posted on in Work-Related Injuries
business invitees, liability, New Braunfels Personal Injury Lawyer

When Arlington billionaire Angus Wynne opened Six Flags Over Texas in 1961 on August 1, 1961, he envisioned the theme park as a way to create a temporary revenue stream on a vacant piece of property until it could be redeveloped. But visitors flocked to the new park, and he recouped his $3.5 million investment within about 18 months, which changed his mind about redevelopment plans. Today, about 40 million people each year visit one of the more than 30 Six Flags theme parks in North America.

Most modern theme parks in and around Texas, even the outdoor ones, are open ten or eleven months a year. When patrons are injured, what must they prove to receive compensation for their losses?

Landowner Duty

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Posted on in Car Wrecks
auto accident, car wreck, New Braunfels Personal Injury Attorney

Though it may be a bit short on legal analysis, and its facts remain disputed, one of the world’s first negligence cases sets forth all the essential elements of a modern-day car accident lawsuit.

1932’s Donoghue v. Stevenson is sometimes known as the “snail in a bottle” case. Ms. Donoghue was allegedly enjoying a treat of ginger beer over ice cream at a café in Paisley, Renfrewshire, Scotland. It was an ordinary occasion, except for the dead snail that was in the bottle, quite unbeknownst to her. Ms. Donoghue claimed she fell ill at the mere sight of the partially-decomposed mollusk, and was, as a result, diagnosed with gastroenteritis and shock. In a subsequent lawsuit against Mr. Stevenson, the beer manufacturer, she claimed that he had a duty of care to ensure that dead snails were not in the beer bottles, and that Mr. Stevenson’s failure to follow established cleaning procedures caused her damages. For his part, Mr. Stevenson insisted that her “alleged injuries are grossly exaggerated.”

The House of Lords ultimately reversed a lower court’s decision, concluding that the manufacturer did have a duty to ensure clean bottles and the breach proximately caused Ms. Donoghue’s injury, as it was reasonably foreseeable that unsafe products would harm consumers. Mr. Stevenson died before the second trial and the record is incomplete, leading one of the judges to remark that the “intruding gastropod was as much a legal fiction as the Casual Ejector,” a reference to a centuries-old tactic used in landownership actions.

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Posted on in Personal Injury
landowner negligence, premises liability, Texas personal injury attorney

A recent lawsuit claims that Major League Baseball is negligent because it does not do enough to protect customers from foul balls and splintered bats, a situation that is all too familiar to fans of the Missions, Express, and other area teams.

The action was filed in a California federal court. The plaintiffs claim that a combination of faster pitches and wood bats, along with distractions like video monitors and WiFi, give potential victims very little time to react to a dangerous situation. Moreover, according to court documents, “attention is often no defense to serious injury” because “[s]ome in exposed sections are sitting closer to the action than the batter is to the pitcher.”

In addition to a 2014 survey which claimed that 1,750 fans are injured at MLB games every year, the lawsuit points to a number of disturbing incidents from 2015, including a broken bat that hit a spectator in Boston’s Fenway Park. The fan’s injuries were initially described as “life-threatening,” although the person is now expected to recover.

An MLB spokesperson stated the league would “re-evaluate” its stance on protective netting and other safety measures.

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truck, truck accident, New Braunfels Personal Injury Attorney

A big rig driver apparently panicked and hit his brakes in response to an obstacle, and then jack-knifed across Interstate 35, causing a massive truck wreck that left one person dead.

The chain reaction crash started between the Loop 410 and Rittman Road on the Northwest Side. The truck driver was traveling southbound in the center lane when he observed a small car just to his right. The driver claimed he felt an “impact,” and then slammed on his brakes. After the jack-knifed truck finally slid to a stop, there was a Chevrolet Cobalt wedged underneath the trailer. The Cobalt's driver, a 61-year-old man, was pronounced dead at the scene.

Authorities diverted all traffic onto a side road for more than five hours as they cleared the remains of the vehicles.

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The sooner you call, the sooner we can build your case, secure evidence and get maximum compensation for your injuries.

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