How The Reasonably Prudent Professional Standard of Care Works
In the vast majority of personal injury cases, whether a defendant was negligent is determined by whether they acted as a reasonably prudent person would have in a similar situation. The perfect example of this would be your typical car accident, where one passenger car strikes another. Neither of the drivers has commercial license, or...
The 1st-Rate Intelligence of Truck Accident Defense Attorneys
"The test of a first-rate intelligence is the ability to hold two opposed ideas in mind at the same time and still retain the ability to function." -F. Scott Fitzgerald In this line, the renowned author makes a point that modern life requires us to keep contradictory ideas straight in our heads while at the...
Texas Dram Shop Law Helps the Victims of Drunk Driving
For many people, an understanding of dram shop law begins and ends with the phrase "person sues bar." Many people have made it a point to object to this idea, considering it unfair that an establishment that serves alcohol should be held accountable for doing what they're paid to do--serving a patron. Without looking any...
Mystery Driver Strikes Again: I-410 San Antonio Truck Accident
While most people would assume that the biggest challenge to the trucking industry are fuel prices, fewer drivers interested in doing the job, or competition from other forms of cargo transport, a more immediate threat stalks the highways of our nation. This danger strikes without warning, upends lives, and like a stealth tsunami, leaves tragedy...
What Elements Make a Commercial Loading Dock Dangerous?
It hardly needs noting that one of the most dangerous areas on any commercial property is the loading dock. The combination of large machines, heavy cargo, and all-too-fragile human beings often proves calamitous. Leaving aside these obvious dangers, we wondered whether or not there are factors that lead to some loading docks being more dangerous...
What Can Be Done to Protect People from Going Under Tractor-Trailers During a Crash?
Many people suffer from anxiety when driving in close proximity to tractor-trailers and while they may not realize it, there's a good reason for this fear. The space under an 18-wheeler's trailer actually has a dangerous, even lethal, legacy. This problem is illustrated by a recent crash in Houston between a motorcycle and an 18-wheeler,...
A Quick Refresher on Temporal Proximity and Dram Shop Law
Few articles that we write are more contentious than those that touch on the topic of dram shop law, or liquor liability. These provisions of Texas law hold bars accountable for their role in drunk-driving accidents. Rather than spend time getting into the merits of such laws, I'll simply say that dram shop is the...
How Drunk is a .32 BAC and How Dangerous Is It?
The news is often full of people who seem to have disregarded the maximum legal blood-alcohol content (BAC) of .08, drinking so much they violate not just the law, but common sense itself. Their tox-screen results suggest that many people arrested for intoxication have a BAC in the range of .15 to .30--well over the...
Commercial Truck Accidents Caused by Falling Cargo
While most commercial truck accidents involve a truck colliding with another vehicle, there is a small, but not insignificant number of accidents that are caused when cargo form the trailer falls off and obstructs the roadway. While some may be tempted to look at these accidents as "just another truck accident," the fact is that...
How Does a Texas Jury Apportion Responsibility Between a Bar and a Drunk Driver?
I talk a lot about Texas dram shop law, wherein an establishment that serves alcohol may be held liable if a drunk person causes injury to himself or others, but it's definitely important to keep individual accountability in the equation. Dram shop laws don't excuse the drivers themselves; it only acknowledges that the bars who...
Whodunnit: Evaluating An Accident With Several Possible Causes
There's a common misconception that accident attorneys will often sue anyone even tangentially related to a wreck--especially if those distantly-involved parties have deep pockets. The idea of course is that profit, not prudence, guides the attorneys' decision-making. It's a deeply cynical stance that is perpetuated by pop culture's insistence on portraying attorneys as vultures and...
Commercial Truck Drivers: Here’s How Not to Get Sued
Among the most easily prevented type of accident where a truck driver is usually at fault are those where passenger vehicles collide with poorly marked trailers. While some may argue that these types of accidents are uncommon, we've seen accidents that involve this fact pattern, not once, not twice, not three, but four times in...
How Trucking Companies Hide Behind Intentional Tort Arguments
By paying a monthly fee to an insurance agency, people essentially place a bet that something bad will happen to them or their property. To "win" on that bet, the insured must first actually lose by incurring serious damages. Depending on the policy in question, that could be anything from a home ruined by a...