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Dallas Texas Personal Injury Law Blog

Car and truck accidents in Texas: Your investigation

When you're in a car accident in Texas, one of the main things that law enforcement needs to worry about is the preservation of evidence. You should be concerned about that, too, because without it, it can be hard to prove who is at fault for your accident.

When you work with a legal team and the authorities, evidence will be preserved to the best standard possible. Your vehicle and the vehicle of the other party may be kept as evidence of the accident, and photos should be taken. Videotaping of the scene and injuries are also vital, as this can be used in court to prove the severity of your injuries and the cause of the accident.

Car accidents can cause various types of brain damage

Each year, scores of Americans must seek treatment for brain injuries in hospital emergency rooms. Of the approximately 1 million Americans who seek medical attention, 5 to 10 percent will suffer long-term problems that could limit their ability to do their jobs or complete everyday tasks. Many of these people are injured in car accidents that are not their fault.

You may not realize that brain injuries can occur during a car accident even if you never strike your head against another object. In fact, your brain can collide with the interior of your skull, depending on the nature of the impact. Experts say that the brain may strike the front part of the skull, leading to bruising of the brain. The brain may also strike other surfaces in the skull, leading to bruising in different functional areas. Bruising is just one of the three distinct processes that can cause brain injuries during a car accident.

How often does medical malpractice happen in Texas?

Medical malpractice cases have always been a problem in the United States, and Texas isn't exempt from those issues. In fact, there is information on almost every kind of doctor and the amount of malpractice cases and payouts that have taken place between 2003 and 2013. If you've suffered any kind of medical malpractice in the state, then this information may be helpful to your case.

For example, did you know that the U.S. had 2,883 podiatrists involved in medical malpractice cases between 2003 and 2013, and there were 2,917 cases where payments were made? One hundred and forty of those case payouts were paid to those in Texas.

Woman dies in truck accident involving 2 commercial vehicles

A Texas woman has been killed in a multi-vehicle accident that left a Denton County road closed for several hours. The woman, age 50, is from Rhome, Texas. She died in a four-vehicle pileup on State Highway 114 on Sept. 8, according to official reports. Authorities say that the truck accident involved a Freightliner, another semi-truck and two other private vehicles.

Investigators say that the two trucks -- one eastbound and the other westbound -- collided at about 6:45 p.m. on the evening of the incident. The Freightliner had reportedly been hauling rocks; it drifted into oncoming traffic. The Freightliner truck then struck a sedan that was driven by the decedent, along with a Chevrolet SUV that was traveling behind the decedent's vehicle. Two occupants in the Chevrolet were treated at the scene; they suffered only minor injuries.

What are some real statistics about motorcycle dangers?

As a rider, you may want to know about the potential to be injured on the roads. Through years of study, the Department of Transportation has been able to give good statistical analysis about the likelihood you'll be hurt on a motorcycle. The latest report from the DOT, marked for 2011, stated that motorcycle deaths and related injuries have been on the rise in the United States. The DOT's National Highway Traffic Safety Administration reported that information collected between 1982 and 2011 has shown shocking numbers and interesting correlations.

In fact, 4,612 motorcyclists were killed in 2011 alone. That's a 2 percent increase over the number of deaths that took place in 2010 NHTSA stated. The figure doesn't only report motorcycles; it includes incidents involving scooters, three wheelers, pocket bikes, off-road vehicles, mini bikes and mopeds.

Who can you sue in the aftermath of your truck accident?

So, you have been involved in a commercial vehicle accident. You may be hurt, confused and concerned about both your physical and financial future. If you have been involved in an 18 wheeler wreck, you may have a variety of legal options -- even if you were partially to blame for the truck accident. No matter the nature of your truck accident, you may be entitled to financial damages; the key is to seek assistance to determine exactly how to proceed.

Truck accident victims are often unaware that a number of parties could be considered legally responsible for their injuries. In many cases, these victims may only believe that the driver should be targeted in civil court. In reality, insurance companies, employers, trucking companies and even the manufacturers of the truck may be held liable for the injurious truck accident. Identifying potential defendants is the first step toward recovering damages for your injuries.

Choose a firm with access to car accident reconstruction experts

When you're in an accident with a car or truck, it's important that an investigation takes place. Evidence must be preserved to help a court or police decide on charges and penalties for the at-fault driver. What kind of evidence is needed? Photographs, videos, and reports about the scene and your injuries will be taken. These help define exactly what happened to cause the accident along with the results of the impact.

When investigators and car accident reconstructionists are at the scene, they're going to look at things like skid marks, the damage to vehicles, debris on the roads and other factors that can determine how fast a vehicle was going or from which direction the impact took place. These evidential pieces are vital to determining the right chain of events.

Patient gets $1.5 million after losing sight from medical mistake

A Texas patient has been awarded $1.5 million after a medical mistake that resulted in serious damage to his eye. The victim filed a medical malpractice suit against a Durham ophthalmologist and hospital, both of which were found negligent during a jury trial. The physician was accused of using the wrong prescription drug during a cataract surgery. That medical mistake led to further damage of the patient's eye.

Official reports show that the physician ordered a special dye that would be used to stain the cataract, allowing it to be safely removed. However, a nurse reportedly brought the wrong drug and handed it to a surgical technician, who then gave it to the ophthalmologist. The nurse told the jury that she had announced the name of the drug when she came into the surgery room, and the surgical technician also announced the drug. However, the physician did not realize that the drug was a toxic substance until it was too late.

Texting: Not banned but still distracted driving in Texas

To understand the rules for texting and driving, you need to know what driving while distracted is classified as in Texas. For instance, distracted driving is any kind of driving done without your full attention. That could mean that you were texting, having a bite to eat or talking on the phone. Even things like carrying on a conversation with your passengers or changing the radio station could be considered to be distracted driving. If you're struck by someone participating in any of those acts, you may be able to seek compensation through a civil lawsuit against them for his or her negligence.

Texting and driving is one of the things police pull people over for in Texas. There are several reasons for that. When you text when you are driving at 55 mph, your eyes are off the road for the equivalent distance of a football field. During that time, drivers are at a higher risk of danger and a car accident.

Texas teen won't be able to sue for medical malpractice

If you've been hurt due to medical mistakes, it's important that you seek out all the necessary legal help you need before you hit a statute of limitations. When that happens, you can no longer file a lawsuit. This is an interesting case involving a teen who cannot sue her doctor in El Paso, Texas, because she waited too long to do so. The teen was born with severe brain damage and had until 2006 to file the lawsuit; she failed to do so until 2011.

The teen has argued that anyone under the age of 18 can't file a lawsuit in Texas. The teen would have to have an adult acting on her behalf to claim medical malpractice. If the parent didn't take the injury to court, then that would violate the teen's right of access to the courts, which is guaranteed by the Texas Constitution.

Crain Lewis, LLP
Vehicle Accident Attorneys & Counselors at Law

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