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 Personal Injury Blog

One Woman is Killed in a Crash and the other Driver Accused of Drunk Driving in Balch Springs, TX

July 30th, 2014
Accident on an Icy Road

(Photo credit: born1945)

On Sunday night, July 20, 30-year-old Juliana Reynosa suffered fatal injuries in a car crash in Balch Springs, Texas. According to police, as she was traveling just north of Highway 175 on the LBJ Freeway, Reynosa’s truck was cut off by a car driven by an alleged drunk driver. Reynosa lost control of the truck; it went into a spin before crashing and rolling. There were five people in the vehicle with her, and they all sustained minor injuries and were transported to a nearby hospital. Passengers included a toddler and two infants. The driver of the car that allegedly caused the accident was not injured in the crash but failed a sobriety test and was arrested. She has since been charged with intoxication manslaughter.

According to the Texas Department of Transportation (TxDOT), every 20 minutes, someone in the state is killed or injured in an alcohol-related automobile collision. The following is more information about drunk driving:

  • The ability of your body to handle alcohol is determined by factors such as your body weight, gender, amount of food in your system, and how much alcohol you’ve consumed. It’s possible to be intoxicated by drinking just two or three beers in a one-hour period. Compared to others, smaller people, younger people, and women usually become impaired with less alcohol consumption.
  • If driving while intoxicated with passengers who are 14 years old and younger, you could be charged with child endangerment.
  • Legal intoxication is “defined” as having a minimum blood or breath alcohol concentration (BAC) of .08.
  • If you have an open alcohol container in the vehicle, whether passenger or driver, you could be fined up to $500.

–Guest Contributor

 

Corsicana, Texas Personal Injury Lawyer: Slips, Trips, and Falls are the Leading Causes of General Industry Accidents – Part 4

July 23rd, 2014
"Caution Wet Floor"

“Caution Wet Floor” (Photo credit: CarbonNYC)

While trips, slips, and falls are a major cause of accidents, according to reports from the National Floor Safety Institute (NFSI), about 3% of the time, claims that are brought to court in relation to these types of accidents are fraudulent. One example is that the claimant could intentionally stage a fall; for example, a person may pour cooking oil on the floor of a grocery store and then purposefully slip and fall on the spill. It could be that the person actually fell at home but pretends it happened either in a public place or at their workplace. There are times when a case is 100% fabricated, and no slip and fall ever happened.

Although slip, trip, and fall fraud cases are very rare, the fact that they exist makes it much more difficult for legitimate claims to be taken seriously. Those who abuse the legal system cause claims involving falls to be met with suspicion by city planners, employers, and even judges and lawmakers. Anyone who has a genuine claim should contact an experienced attorney who is familiar with the best approach for taking effective legal action.

Read Part 1, Part 2, and Part 3 of this four-part series for more about trips, slips, and falls and the other major categories under which slips, trips, and falls occur.

Have you suffered an injury as a result of someone else’s negligence?   If you or anyone you know needs legal assistance related to a personal injury which occurred in Corsicana, Dallas, Frisco, Fort Worth, Plano, Mesquite, Irving, De Soto, Grapevine, Grand Prairie, Carrollton, Arlington, The Colony, Allen, or anywhere in Texas, contact Texas personal injury lawyer Dean Malone at (214) 670-9989.

–Guest Contributor

Dallas-Fort Worth Attorney: Slips, Trips, and Falls are the Leading Causes of General Industry Accidents – Part 3

July 16th, 2014
English: Mountain Combat Boots

English: Mountain Combat Boots (Photo credit: Wikipedia)

More of the basic categories of slips, trips, and falls follow:

Footwear

Approximately 24% of all slip, trip, and fall accidents are caused by footwear, according to reports from the National Floor Safety Institute. The problem isn’t only about women in high heels, though. Work boots and tennis shoes that don’t provide adequate traction also cause many trips and falls in public places, in the workplace, and at home.

Inadequate Training

Many slips and falls that result in injuries occur in the workplace. In some working environments, such as construction and manufacturing, slick surfaces and narrow pathways are unavoidable. The responsibility of employers is to provide proper training on how to avoid trips, slips, and falls. Otherwise, without adequate training, the employer can be at fault when injuries occur.

Nursing Home Neglect

Our sense of balance deteriorates as we get older. Many times, seniors at nursing homes have an increased risk of falling. When the elderly fall, they are at an increased risk of sustaining life-threatening injuries, such as hip fractures. Nursing home administrators are responsible to monitor and provide assistance to their residents, as a way of avoiding slips and falls.

Read Part 1 and Part 2 of this continuing series for more about trips, slips, and falls and the other major categories under which slips, trips, and falls occur.

Have you suffered an injury as a result of someone else’s negligence?   If you or anyone you know needs legal assistance related to a personal injury which occurred in Dallas, Frisco, Fort Worth, Plano, Mesquite, Irving, De Soto, Grapevine, Grand Prairie, Carrollton, Arlington, The Colony, Allen, or anywhere in Texas, contact Texas personal injury lawyer Dean Malone at (214) 670-9989.

–Guest Contributor

Dallas Lawyer: Tips for Preventing Slips, Trips, and Falls at the Workplace

July 14th, 2014
Broken Dreams

(Photo credit: Mark Turnauckas)

Most general industry accidents involve slips, trips, and falls, according to the U.S. Department of Labor. Approximately 65% of all work days lost are associated with falls. Obviously, this is a concern that should be addressed. The following are a few basic tips for preventing slips, trips, and falls.

Try to reduce occurrences of wet or slippery surfaces.

Common slippery surfaces where accidents occur include floors in general, sidewalks or the lack of them, food preparation areas, parking lots, and shower stalls in residential dorms.

Measures for controlling outdoor slips, trips, and falls include:

  • Properly maintain sidewalks and parking lots and keep them clean.
  • Remove snow and ice or block off areas that are slick due to wintery conditions.
  • Use anti-skid paint and adhesive striping material.

Some indoor control measures to reduce slips, trips, and falls include:

  • Display “wet floor” signs when needed.
  • At entrances, use mats that are moisture-absorbent and have non-slip backing material.
  • In problematic areas, use anti-skid adhesive tape.
  • Clean up spills immediately. Establish a plan for taking swift action to address spills.

Provide Proper Lighting

Inadequate workplace lighting has been associated with an increase in accidents. Areas that should have proper lighting include: ramps, hallways, walkways, staircases, basements, dock areas, and construction areas. Work areas should always be clean and well lit. Walkways that are poorly lit should be kept clear of obstructions and clutter. Any switches, cords, or fixtures that malfunction should be repaired.

Maintain Good Housekeeping Practices

A critical measure to prevent slips, trips, and falls is to maintain good housekeeping. There are consistently higher incidences of falls when housekeeping habits are lacking. Well-organized and clean facilities are good indications of effective overall safety programs.

Have you suffered an injury as a result of someone else’s negligence? If you or anyone you know needs legal assistance related to personal injury which occurred in Dallas, Fort Worth, Allen, The Colony, Grand Prairie, Carrollton, Grapevine, De Soto, Mesquite, Irving, or anywhere else in Texas, contact Texas personal injury lawyer Dean Malone at (214) 670-9989.

–Guest Contributor

Trip and Fall Lawyer Dallas – Slips, Trips, and Falls are the Leading Causes of General Industry Accidents – Part 2

July 2nd, 2014
English: Path to the harbour The road is just ...

English: Path to the harbour The road is just the other side of the wall at the right but this way is much safer for pedestrians. Despite the weather not on the day as slippery as it might look – wet rather than ice. (Photo credit: Wikipedia)

Slips, trips, and falls occur in six basic categories, as follows:

Weather

Hazardous weather conditions such as snow, ice, and rain are the cause of many slip and fall injuries that occur outside. Of course, no one is expected to predict the weather, but municipalities and property owners have a duty to address hazards caused by weather. Examples of dealing with weather-related hazards include shoveling sidewalks, putting salt on steps and walkways, and plowing streets. When those responsible fail in their duty to protect the public from hazards caused by weather, slip and fall injuries occur.

Uneven or Wet Surfaces

The National Floor Safety Institute did a study which revealed that 55% of all accidents involving trips and falls are the result of walking surfaces that are hazardous, such as the following:

  • Defective sidewalks
  • Loose floorboards
  • Potholes in parking lots
  • Floors that are cluttered
  • Improperly constructed staircases
  • Floors that are recently waxed or mopped
  • Ripped carpeting

Any of these conditions can be the cause of slip and fall accidents.

Read Part 1 and this continuing series for more about trips, slips, and falls and the other major categories under which slips, trips, and falls occur.

Have you suffered an injury as a result of someone else’s negligence?   If you or anyone you know needs legal assistance related to a personal injury which occurred in Dallas, Frisco, Fort Worth, Plano, Mesquite, Irving, De Soto, Grapevine, Grand Prairie, Carrollton, Arlington, The Colony, Allen, or anywhere in Texas, contact Texas personal injury lawyer Dean Malone at (214) 670-9989.

–Guest Contributor

Dallas Trip and Fall Attorney: Slips, Trips, and Falls are the Leading Causes of General Industry Accidents

June 25th, 2014
Wet / slippery deck  (Photo by Peter Griffin)

Wet / slippery deck (Photo by Peter Griffin)

Most general industry accidents involve slips, trips, and falls. Of all accidental workplace fatalities, 15% involve falls, which is the second leading cause of on-the-job deaths after automobile accidents. Of all occupational injuries that result in disablement, 17% are caused by falls, most of which were preventable.

Slips, trips, and falls, all result in a loss of balance and are further defined as follows:

  • Slips, which can result in falls, are caused by lack of needed friction or traction between feet or footwear and the working or walking surface.
  • Trips, which can result in falls, occur when a foot or lower leg hits an object and the upper body continues in a forward motion.
  • Falls occur when a person becomes too far off center of balance. The two types of falls are a fall to a lower level and a fall to a level below walking or working surface.

Falls, trips, and slips are a concern for every business and property owner because they can happen anywhere. The cost of these types of accidents can be substantial for everyone involved.

The body parts that are commonly injured in falls are the knee, foot, ankle, wrist, elbow, shoulder, back, hip, and head. Types of injuries include strains, sprains, fractures, contusions, bruises, lacerations, and abrasions.

Read more about trips, slips, and falls in this continuing series.

Have you suffered an injury as a result of someone else’s negligence?   If you or anyone you know needs legal assistance related to a personal injury which occurred in Dallas, Frisco, Fort Worth, Plano, Mesquite, Irving, De Soto, Grapevine, Grand Prairie, Carrollton, Arlington, The Colony, Allen, or anywhere in Texas, contact Texas personal injury lawyer Dean Malone at (214) 670-9989.

–Guest Contributor

Dalals Trip and Fall Lawyer: The Largest Award in a Slip and Fall Case in Virginia

June 18th, 2014
English: Puddles after a thunderstorm in Sheff...

English: Puddles after a thunderstorm in Sheffield; 2010 (Photo credit: Wikipedia)

Have you ever slipped and fallen as a result of someone else’s negligence? Falls are the subject of many personal injury lawsuits throughout the United States, but not all those who file claims win their cases. There are certain things which must be proven, for a person or corporation to be held liable for injuries and damages resulting from a fall. The following, however, is about the highest paying slip and fall judgment in the history of the state of Virginia:

A business owner who ran a spa and had more than 25 employees was getting gasoline and a newspaper at her corner store when she slipped on a puddle of water that spilled through a leak in an awning. The woman fell onto her chin and chest and lost consciousness. There was a witness to the incident, and he said the impact snapped the woman’s head back. Following the accident, the owner of the store confessed that they were aware of the danger on the curb that was caused by the faulty awning.

The woman returned to her job days after the accident but discovered she was no longer able to concentrate on her work well enough to multi-task. She also began suffering seizures. According to her doctors, she suffered from “post-concussion” symptoms.

The woman was urged by friends and consulted with an attorney who took her case to trial. Ultimately, the woman was awarded damages amounting to more than $12.2 million for negligence by the owner of the store. During the course of the trial, the loss of the woman’s ability to multitask was compared to a violinist trying to perform with two fingers.

Have you suffered an injury as a result of someone else’s negligence?   If you or anyone you know needs legal assistance related to a personal injury such as a slip and fall which occurred in Dallas, Frisco, Fort Worth, Plano, Mesquite, Irving, De Soto, Grapevine, Grand Prairie, Carrollton, Arlington, The Colony, Allen, or anywhere in Texas, contact Texas personal injury lawyer Dean Malone at (214) 670-9989.

–Guest Contributor

Three People Died on Saturday in Two Traffic Accidents East of Dallas, Texas

June 11th, 2014

 

A Ford Escort automobile that has been involve...

A Ford Escort automobile that has been involved in a head-on collision with a Sport Utility Vehicle. (Photo credit: Wikipedia)

Three people died in two separate traffic accidents Saturday east of Dallas, Texas. Two were killed in a head-on collision, and one motorcyclist was killed in a crash that may have involved a car making an unsafe left turn.

The head-on collision that occurred between Terrell and Quinlan on State Highway 34 occurred at around 4:30 p.m. Police were initially advised that there was a vehicle fire south of Quinlan on SH 34. When units arrived, however, they discovered that two vehicles had been in a head-on collision and were both on fire just inside the Kaufman County line.

According to Kyle Bradford, a spokesperson with the Texas Department of Public Safety (DPS), a 2013 Ford Focus and a 1997 Ford Explorer were the vehicles that were engulfed in flames. One of the vehicles had been traveling northbound and the other southbound, and the deceased were the drivers of the two vehicles. Investigators were unable to determine which vehicle crossed the center line into the oncoming lane. It was also unknown whether alcohol or speed were factors in the fatal collision.

On Saturday morning at about 7:45 a motorcyclist from Royse City was headed westbound on Interstate 30 not far from mile marker 82. He was riding a 2000 Yamaha motorcycle. A person in a Ford Focus was headed northbound and, according to Bradford, made a turn that was unsafe. As a result, the motorcyclist struck the Ford and was thrown from the bike. He was taken by ambulance to the Hunt Regional Healthcare hospital in Greenville and reportedly died later that day.

The need for driving defensively on Texas roads is extremely important, to try and avoid such tragic circumstances as these deadly crashes.

–Guest Contributor

 

 

 

 

Five in Texas Died in Two Crashes Last Week, and Loss of Control was a Factor in Both

June 4th, 2014
Camino Colombia Toll Road (SH 255 Toll)

Camino Colombia Toll Road (SH 255 Toll) (Photo credit: lordsutch)

There were two separate deadly accidents in Texas last week, both of which were attributed to loss of control of a vehicle.

In Refugio, Texas, on May 26, four people were killed as a result of a crash on Highway 77 just north of Corpus Christi. Troopers with the Texas Department of Public Safety (DPS) said two people from La Feria were in a Chevy Suburban and the driver lost control of the vehicle and went into oncoming traffic. The Chevy struck a Nissan Altima, killing the occupants of the Chevy and injuring the passengers in the Nissan. In the car behind the Nissan, two individuals from Pharr in a Ford Mustang were also killed. According to investigators, severe weather was a major factor in the deadly crash.

On Saturday in Smith County there was a two-vehicle crash that resulted in one fatality just south of FM 16 on Highway 271. DPS said that a man driving a Chevy Avalanche lost control of his truck and slammed into an 18-wheeler that was parked beside the road. There were children in the Chevy, and they were transported to a hospital in Tyler; the driver was killed. Investigators were unable to immediately determine what caused the man to lose control of his automobile.

Weather is a common cause of loss of control of a vehicle, particularly when roads are wet and cars and trucks hydroplane and lose traction. Other factors which contribute to loss of control include:

  • Defective automobile parts
  • Intoxication
  • Distracted driving
  • Adverse road conditions
  • Inclement weather
  • Carelessness
  • Speeding

–Guest Contributor

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Six People are Injured in Two Separate Crashes on Highway 75 near Plano, Texas – Part 2

May 28th, 2014
Person using cell phone while driving.

Person using cell phone while driving. (Photo credit: Wikipedia)

In order to stay as safe as possible on Texas roads, be aware of the rules of the road and what is expected of you as a driver.  Observe the following do’s and don’ts:

Driving Don’ts:

  • Do not text while driving.
  • Do not use your cell phone while driving.
  • Do not drive at excessive speeds over the posted speed limit.
  • Do not drive while under the influence of alcohol or drugs.
  • Do not divert your attention to the car stereo.
  • Do not eat or drink while driving.
  • Do not drive while fatigued or sleepy.
  • Do not put on your makeup or do any other type of grooming while driving.

Driving Do’s:

  • Do put your children in appropriate car seats for their sizes.
  • Do keep up with maintenance on your vehicle, to ensure that everything is working as it is supposed to.
  • Do enroll in a Texas Defensive Driving Course, whether or not you have received a ticket for a driving violation. The education provided in defensive driving offers great benefits and can help motorists improve driving skills and, as a bonus, can reduce the cost of auto insurance.
  • Do drive with a jack and a spare tire in your vehicle at all times. In addition, keep the phone number of a tow service handy as well as a map of the area you are driving in.
  • As a safety measure in uncertain circumstances, keep an emergency roadside kit in your vehicle at all times.

See Part 1 of this series for helpful defensive driving tips.

–Guest Contributor

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