Keeping Your Eye on The Road (The Fetty Wap Accident)

fetty wap

Several months ago there was a great deal being said about a rising rap artist who was involved in a serious accident. TMZ reported that the artist known as Fetty Wap, was attempting to pass one car when he was struck by another coming from the opposite direction. Fetty suffered a broken leg but little detail was given about all of his injuries or the accident. His management team asked for privacy and it appears that they are exercising caution with regard to the release of information regarding the accident. In fact, on Fetty Wap’s Instagram account, he explains that he was instructed not to post a video.

The hesitation to be forthcoming with information on the incident is understandable and had the accident occurred in Texas, the reason for hesitation would be readily apparent. First and foremost Texas is a modified comparative fault state. This means that a person who is at fault in an accident can still be successful in their suit if they are not more than 51% at fault. However, if they are more than 51% at fault, they are not entitled to any damages.

This creates a touchy situation for someone like Fetty Wap who was operating a motorcycle without the benefit of binocular vision due to the fact that he is blind in his left eye. Many people have speculated as to why Fetty was even operating the vehicle in the first place and as insensitive as this may seem, to an attorney; this general speculation raises red flags because the thoughts of these individuals represent the thoughts of potential jurors.
So what can we learn from this situation?

  1. ALWAYS drive safely and practice defensive driving.
  2. If you are in an accident, ALWAYS have an officer to come to the scene.
  3. ALWAYS, seek the counsel of an attorney.
  4. NEVER, talk to anyone other than your attorney about the accident.
  5. NEVER, make statements or post pictures on social media.

If you find yourself injured in an accident. Give us a call

 

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A Nightclub’s Duty to its Patrons

nightclub

This weekend a shooting occurred outside of Engine Room which resulted in injuries to two patrons. This sparked the interest of many people who go to this club. As to be expected, the families of the injured are searching for answers as many questions arise in these situations.

One question may be, “is Engine Room responsible for this at all?” This question can only be answered after a thorough investigation into the incident.

In Texas, businesses such as Engine Room owe their clients a duty to maintain a safe premises due to the fact that the patrons are considered invitees. This duty includes a responsibility to provide adequate security to prevent random acts of violence. However, the law does not require businesses to protect their patrons from targeted violence.

According to the media, the victims seemed to be randomly hit in a drive by. It will be interested to see what if anything occurs in the situation. However, if you or someone you know has been injured at a nightclub or other business establishment, please give us a call

Marijuana and our Roads

marijuana

Legal marijuana use could spell trouble on the roadways. According to a 2014 study, fatal car crashes involving marijuana use have tripled in the U.S. The researchers found that drugged driving resulted in more than 28 percent of the traffic deaths in 2010, which is 16 percent more than it was in 1999. The researchers also found that marijuana was the main drug involved in the increase. It contributed to 12 percent of fatal crashes, compared to only 4 percent in 1999.

Given that marijuana, is a popular recreational drug and is being legalized in multiple states across the U.S. one can project an increase in the numbers referenced above. With legalization, comes a host of other issues. For example, in accidents involving a drunk driver who was served alcohol in a public establishment, the “Dram Shop” law applies. This law allows an accident victim to sue the establishment for irresponsibly serving a person too much to drink before sending them on the road with other drivers. Does the same apply to a person that was allowed to smoke an exorbitant amount of marijuana?

An argument could be made analogizing driving under the alcohol and driving under the influence of marijuana. Marijuana impairs judgment just as alcohol does and both alter a driver’s reaction time. However, the question is how much marijuana use is too much to allow for the safe operation of a motor vehicle and how much marijuana would an establishment have to allow someone to use before that establishment is considered negligent. As of now, with regard to alcohol, most states agree that a blood alcohol content of .08 or higher is no longer safe for driving. This is not the case for marijuana and THC.

Only time will tell how legal marijuana use will effect driving conditions in the U.S. but as of now, things do not look promising. We can only hope that people make smart decisions and establishments consider more than their bottom line when serving patron

What if the Government is at Fault?

governmentSo you got hit by a city vehicle or slipped & fell on city property and want to sue? Well, be careful who you call. You need to get a lawyer that’s familiar with the Texas Tort Claims Act otherwise you could be in big trouble. The Texas Tort Claims act is the law that allows you to sue the state or any smaller branch of the government for negligence. However, you can only sue if the state was negligent under certain circumstances.

More importantly, in order to sue the state or local government you MUST give them notice before filing suit. Failure to notify the correct person before notice deadline eliminates your claim. The Texas Tort Claims Act requires that notice of a claim be filed no later than six months after the date of the incident. Further complicating things is the fact that the city you live in can shorten this period to less than 6 months and many have!

If you or someone you know thinks that they have a case against a city, a county or the state of Texas, give us a call

The Danger of Airbags

airbags

Airbags are supposed to save your life or prevent your further injury but what happens when they don’t. Throughout the nation there are multiple claims filed against automobile manufactures due to defective airbags. The claims generally fall into one of two categories: 1) the airbag failed to deploy and as a result the person was injured more severely than they would have been had the airbag functioned properly; and 2) the airbag did deploy but the force of the airbag either killed, or seriously injured the person in the motor vehicle.

Airbag cases are highly technical cases and require a good understanding of the way the accident occurred. Often times, experts are used to determine whether there are defects in design, marketing, or the manufacturing of the product.

If you or anyone you know has been in an accident where the airbag failed to deploy or the airbag did deploy and caused and even worse injury, feel free to give us a call.

Injured On The Job?

workplace

Injured on the job? You may actually be able to sue your employer and recover more than workman’s comp.
Yes, the law in Texas has stated for years that if a person is injured on the job, workman’s comp is the exclusive remedy for their injuries. What this means is that typically, an employer that provides workman’s comp for employees is generally saved from being sued by an injured employee. However, there are multiple situations where an employee can sue an employer for an injury. Some examples are:

  1. The employer does not provide workman’s comp. Some employers may be self-insured and not actually be true subscribers to worker’s compensation.
  2. You are a contractor. It is common today for companies to use recruiting firms and staffing agencies. If you don’t actually work for the company but are simply assigned to the job site where you were injured.
  3. You were injured at work due to gross negligence (something extremely careless and reckless), and not just regular negligence.
  4. You were injured at work due to an intentional act by your employer, such as the intentional decision to disregard an apparent and obvious health risk, you may be able to sue directly.

Ultimately, if you’re injured at work you should IMMEDIATELY consult a lawyer to determine the best way to proceed. Give us a call when you need us! 1-844-216-9617

Drunk Driver Negligence

drunk driver

If you’re hit by a drunk driver, the bar that served him may be at fault! Under the Dram Shop Act, the Texas Legislature put extra responsibility on alcohol providers and increased the potential liability of alcohol providers as a means of deterring providers from serving obviously intoxicated individuals. However, as an element of liability, the patron must be “obviously intoxicated,” not just intoxicated, when the dram shop serves him alcohol and the intoxication of the recipient must be a cause of the injury.

In a nut shell, if the guy that hit you was sloppy drunk while at the bar but continued to be served drinks, you probably have a good claim and should contact our office immediately!