Auto Accidents

April 9, 2009

Texas and San Antonio Auto Accident Air Bag Injury

In the course of an investigation of an auto accident in Texas , an expert accident reconstructionist makes mathematical calculations that revolve around a physics concept : the Delta V. The Delta V represents velocity change. To illustrate, imagine your car strikes another object and decelerates from 35 mph to 25 mph. The Delta V is 10 mph.

Air bags generally do not deploy in auto accidents where the Delta V is 14 mph or less. The common misperception is that the air bags should deploy when the vehicle crashes into another object that moves after impact, causing people to believe the Delta V is not great enough to trigger air bag deployment.

In addition, if your vehicle or SUV is involved in a rollover, do not expect the air bag to open. Air bags open and deflate in a fraction of a second – their main function is to protect on the initial impact but they do not provide continuous protection.

March 26, 2009

San Antonio Texas Tire Defect Personal Injury

by Michael Baseluos

We all remember the tragic Firestone injuries and accidents that occurred throughout San Antonio and the state of Texas a few years ago, and the lengths to which tire manufacturers have gone to avoid liability.

The cornerstone behind tire blowouts and defects is a phenomenon known as ‘ detreading ‘. Detreading is the foundation of a great deal of auto injuries, and an injured victim needs a San Antonio and greater Texas personal injury attorney who knows how to work tire defect cases.

When a tire detreads, the tread of the tire literally separates from the rest of the tire. Alternatively, underneath the tire tread are steel belts which can also detach from the tire. The tire manufacturers utilize unacceptable bonding techniques that cause the separation.

February 28, 2009

San Antonio Texas Truck Accidents Updates

by Michael Baseluos

As Texas roads become littered with more and more trucks traveling across state lines, Texas residents are at greater risk of catastrophic heavy truck accidents. If you have been a victim of a heavy trucking accident in Texas or the greater southwest region, then time is running against you and it is imperative that you contact a Texas personal injury attorney who can guide you through the maze of discovery and help your case obtain critical time sensitive evidence.

Today, all major tractor trailer and heavy truck drivers in Texas and the companies that employ them are governed by Federal Motor Carrier Safety Standards . The standards and regulations of this government agency are designed to reduce Texas crashes and injuries caused by trucks and buses.

The most significant aspect of these regulations is that in the course of an investigation a Texas personal injury attorney can discover specific violations of the Federal Safety standards. Any violation automatically creates the presumption of negligence per se, a legal term used to reflect negligence as a matter of law. In negligence per se situation, the issue of whether the truck driver committed negligence has already been answered and the question never goes to the jury. With negligence per se, a personal injury victim is eligible to receive punitive damages, which are intended to punish reckless conduct and are awarded in addition to actual damages.

February 21, 2009

Texas Personal Injury Experts : Building Your Case with Daubert-Proof Injury Experts

by Michael Baseluos

More often than not, a Texas personal injury attorney will need to employ an expert in a complex personal injury case, especially those involving complex auto accidents or product liability cases. The United States Supreme Court has decided several landmark decisions that define acceptable experts and their testimony. Those cases include Daubert v. Merrel Dow Pharmaceuticals and Kumho Tire Inc. v. Carmichael . However, the plaintiffs’ bar is discovering that more experts are being disqualified at an alarming rate.

Many times, once the plaintiff’s expert has been disqualified, the defendants will win on summary judgment, because the plaintiff can no longer prove causation. Texas has tightened standards in some cases. For example, some Texas courts have taken the position that a substance alleged to be cancerous, such as benzene, must have evidence indicating a 100% increase in the cancer rate over the general population. In other cases, judges have been known to exclude animal studies of product exposure as being unreliable despite the fact that animal studies are routinely used in Food and Drug Administration (FDA) and Occupational Safety and Health Administration (OSHA) risk assessments.

In the past, courts often looked favorably on the local certified engineer or registered professor to testify on behalf of the injured plaintiff. That is no longer the case. These days, especially in the area of products liability and testimony regarding a defective product, the only acceptable expert will be one who was involved in the design of a similar product.

February 4, 2009

Texas Personal Injury : Parental Liability for Minor Acts of Negligence

by Michael Baseluos

In our last entry, BLF discussed the trends in San Antonio and greater Texas personal injury cases involving parental liability for the negligent acts of their children. We covered parental liability for the use of dangerous instruments especially where the parent(s) know their children are using dangerous instruments and may have violent tendencies. The common dangerous instruments are ATVs and guns, including non-lethal paintball guns.

In this entry, we discuss claims involving a minor’s use of an automobile (including motorcycles) which harms another. The common tort for a parent’s civil liability is known as a claim for negligent parental entrustment of a motor vehicle. The basis for such a claim is two-fold. First, the parent must have exercised some control over the vehicle. Second, the parent must know of a child’s tendency to drive recklessly.

The fact that a parent owns a vehicle under many Texas Supreme and state court decisions is not enough to qualify under the claim of negligent parental entrustment. In fact, many courts throughout the nation have stated that a parent may have to be physically present while the child was operating the vehicle in order to hold the parent liable for negligent entrustment of a motor vehicle. You should consult with a personal injury for the latest requirements on a negligent entrustment claim.

January 29, 2009

Texas Personal Injury : Parental Responsibility for Children’s Acts of Negligence

by Michael Baseluos

Your child has committed some form of negligence in Texas resulting in a personal injury to another person. Are you as the parent responsible for your child’s negligence ? To what degree ? These are common questions being played out by San Antonio and greater Texas personal injury attorneys throughout the state and nation.

When faced with potential causes of action against parents of children who have committed negligent acts, several theories of liability may be utilized. The first theory is a failure of the parent(s) to supervise. The second theory is the parent allowing a child to operate a motor vehicle or dangerous objects. The final theory of liability surrounds personal injuries from drug or alcohol intoxication .

Several states subscribe to the rule that parents cannot be held liable for a failure to properly supervise their children. Yet there are certain situations in which a parent could very well be held civilly liable for the actions of their children. Those situations arise where parents negligently entrust their children with “dangerous instruments”.

January 22, 2009

Texas Personal Injury and Accidents : Legal Documentation

by Michael Baseluos

Whether you have been the victim of an automobile accident, medical malpractice, or some other form of personal injury negligence in Texas or anywhere in the nation, a strong personal injury attorney must know how to document your limitations and the effects of the injury on your lifestyle and work capacity. Documentation of limitations is also critical to Workers’ Compensation and Social Security Disability . The easier it is to understand, the easier for a jury or judge to justify a high judgment for your damages.

A San Antonio personal injury attorney will paint a clear picture of your damages by engaging experts to perform very focused evaluations including:

– Hand / Upper Extremity Functional Capacity Evaluations;

January 21, 2009

Texas Auto Accidents and Spinal Cord Injury

by Michael Baseluos

In a serious Texas auto accident, a law firm can confront one of the most difficult cases : a plaintiff who suffers a spinal cord injury. What exactly you may ask is a spinal cord injury? A high spinal cord injury during an auto collision refers to an injury to the spinal cord at a level of C4 or higher. These types of injuries can occur in a car crash, but they can also result from a fall or sports related injury. In San Antonio and throughout the state of Texas, high spinal cord injuries are devastating and costly for the plaintiffs and their families.

A personal injury attorney must confront the paralysis of his client whenever injury occurs at the C4 vertebrae level or higher. Often, a significant injury to the spinal cord will cause the plaintiff to stop breathing shortly after the vehicle crash. Some paralyzed plaintiffs are able to be resuscitated at the scene of the accident. Neurological complications can occur. For plaintiffs injured after the age of 29 with neurological complications, the survival rate drops to about 50% after 10 years. Ventilator Associated Pneumonia (VAP) becomes the leading cause of death for victims over 55 years. With expert medical assistance and treatment , families and care givers can minimize the massive effects of high spinal cord injuries on a plaintiff’s ability to breathe.

A plaintiff’s attorney confronted with such a devastating injury will enlist medical experts to analyze medical records, develop case chronologies, and prepare pain and suffering reports. The right documentation is the key to securing a large recovery. A Texas injury lawyer will work with experts to prepare life care plans, prepare medical illustrations for trial, and assist with the preparation of settlement brochures.

October 10, 2008

Texas Auto Accident Injury : Making your personal injury case strong

by Michael Baseluos

A Texas personal injury attorney will be able to assist you if you do your homework following an auto accident. There are certain checklists about the details of an accident that you should bear in mind when you bring your case to a qualified motor vehicle accident lawyer in San Antonio.

For example, note where the accident happened; the physical and mental condition of the other driver; time of day (darkness, sunset, dawn); position of the vehicles; observations before impact; point of impact; force of impact; and factors affecting visibility. An auto accident in Texas , especially San Antonio, can be affected by the angle of the sun, rain, curves or hills, and even a dirty windshield.

After your serious or minor auto accident, you should compile information regarding each vehicle owned including the name of the owner and also whether the vehicle involved was empty or loaded (affects force of impact). You will be asked about the specifics of the collision including positions and speeds of other cars. In Texas law, the personal injury liability will fall on certain facts affecting the driver’s negligence including intoxication and speed.