Seeing the Signs: How We Spot Possible Dram Shop Accidents
Drunk driving appears to be a blind spot in our national consciousness. I cannot think of a single person, no matter how contrarian, who could compellingly argue that this practice has positive benefits. It's dangerous, it's illegal, and it flies in the face of common sense. I doubt I need to be worried about some...
Are Wet Road Conditions Grounds for an Act of God Defense?
While crashes due to inclement weather are not uncommon across the United States, I recently learned of an incident here in Texas, which prompted me to write a little more in-depth about the phenomenon. In wet, foggy conditions, a tractor-trailer hydroplaned just outside of Midland. It entered oncoming traffic and collided with a passenger vehicle,...
A Look at Commercial Truck Emergency Signal Regulations
Just before sunrise, January 9, 2017, Alex A. Ortega was killed in a collision with an 18-wheeler, which was reportedly blocking the intersection of County Road 1160 and Business 20 near Midland, Texas. According to news accounts, the truck stalled, while crossing through the intersection, before being struck by Mr. Ortega's vehicle. Without knowing more...
A Quick Refresher on Texas Dram Shop Law
Texas dram shop cases are seldom cut and dried. It's an important element of tort law; after all, bars and restaurants that over-serve their customers deserve to be held accountable for putting profits before safety. While the intoxicated individual most certainly owns a significant share of the responsibility--failing to observe his or her own limits,...
Is the 2017 Plains Ice Storm an Act of God, Legally Speaking?
This past weekend, an ice storm coated parts of Texas, Oklahoma, Kansas, and Missouri with up to an inch of ice. As a result hundreds of thousands of people lost power, there were massive disruptions, and most tragically, 6 people are known to have lost their lives in storm-related traffic accidents. There is no word...
The Case of Caden Nieneker: How Do Texas Dram Shop Laws Relate to House Parties?
On the surface, house parties tend to seem like a great idea. However, they can have downsides: With less room it's harder to escape a boring conversation, the bathroom line can be ridiculous, some people don't know when to stop drinking (often with disastrous results), and depending on your guest list there's a risk of...
Stopping the Buck: Rose City Tragedy and Truck Accident Liability
President Harry Truman famously had a placard on his desk that read "The Buck Stops Here." The phrase ultimately means that one must take responsibility for his decisions and actions, and can't "pass the buck" to dodge any consequences. That idealism is laudable, of course, but ducking blame has been practiced for millennia and shows...
How Trucking Company Lawyers Shift Blame Following an Accident
Defense Attorneys Say The Darndest Things About a year ago, one of our firm's attorneys, Keith Purdue, was taking the deposition of a trucking company's "safety manager." This deposition was a fairly heated affair, wherein we were essentially accusing the man being deposed of having a largely ceremonious title and/or a job that merely existed...
How Can Human Perception Affect A Motorcycle Accident Case?
Perception is tricky. Two people can parse an image or a situation differently even when receiving identical input. Take this classic example: Or try this: Visual tricks like these have been around for years and illustrate a crucial point known to cognitive scientists and illusionists alike: In some instances, our senses lie to us. This...
Liability for Highway Obstructions in Texas Law
We have noticed a lot of news reports lately about motorists who for one reason or another collide with the rear of a tractor-trailer. Fault in these instances is always case-specific. Sometimes it falls on the passenger vehicle's driver; in other instances, fault lies with the trucker. There are even accidents where inclement weather or...
iFault: Should Apple Be Implicated in Distracted Driving Injuries?
Most people are passingly familiar with the psychological theory of classical conditioning; it's the process behind the famous "Pavlov's Dog" experiments. In that classic example, the researcher takes an object of strong positive stimulus (food) and an object of neutral stimulus (a ringing bell). Over the course of the experiment, the dog is neurologically conditioned...
Walk the Line: Pedestrians and the Texas Transportation Code
Texas is a pretty driving-intensive state, given its span of almost 270,000 square miles. Texans are used to sort of sprawling out horizontally, which means a lot of vehicular travel to get from living space to work space to activities and leisure destinations. That said, we're not without our share of pedestrians. They're not as...
What Do I Do If I’m in an 18-Wheeler Chain Reaction Accident?
On December 30, 2016, a chain-reaction collision begun by a 2001 Freightliner tractor-trailer led to one fatality and ten injured people on westbound Interstate 40 in St. Francis County, Arkansas. According to the official report filed by the Arkansas state highway patrol, six passenger vehicles were moving slowly in a line as traffic passed by...
Attorneys Indicted for $6 Million Porn-Piracy Extortion Scam
Ingenuity is by its nature the idea of approaching an issue in a novel manner. The ability to creatively solve problems is invaluable. To take a perpendicular approach to a matter that has stymied traditional methods is sometimes the only way to solve it. Unfortunately, people perceive "problems" differently; for instance, two attorneys recently decided...
Due Process: Cuisinart Issues Large Recall for Faulty Food-Processor Blades
On Tuesday, December 13, Cuisinart issued a nationwide recall after receiving several reports that customers found metal shards in their prepared food. These customers allege that the shards are pieces of their food processor blades, which the official recall confirms can crack and disintegrate over time. Who Makes The Affected Products? Cuisinart is the only...
Hello, Operator? FDA Probe Reveals Unreported Medical Device Injuries
The ancient Greek physician Hippocrates is often called "The Father of Western Medicine." Among his contributions to the medical world are several of its terms and information about how to diagnosed several pulmonary disorders. He is credited as the inspiration for the Hippocratic Corpus (hence its name), which is a series of over sixty lectures,...
Robert Cornish’s Wrongful Death Lawsuit and the Law
It should be noted that Grossman Law Offices has no involvement in the case I am about to discuss. No one in our firm is privy to inside information and no one is working on the case, or knows any of the participants. It's just an interesting case from a legal standpoint that happened to...
ARC Automotive Under NHTSA Investigation for Possibly Faulty Airbags, Refuses to Cooperate
I'm sure by now most people are familiar with the word "Takata." If they don't recognize the name, the controversy that popularized it is even more familiar; the Japanese auto-parts manufacturer is responsible for one of the largest worldwide vehicle recalls of all time. American and Japanese automakers contracted with Takata to provide airbag assemblies...
Once, Twice, Three Sips a Criminal in Texas?
I had an odd experience a couple of weeks ago. I met up with a friend at a bar, which was moderately crowded. There were some open seats, but they were all bunched too close to people and other groups for me to feel comfortable grabbing one. Doing what any reasonable person would do, I...
Law Professors Misunderstand Texas Work Injury Law
Way to go Austin American Statesmen, it appears the editorial has been removed from their website. An editorial appeared in the Austin American-Statesman that was troubling, to say the least. Law professors Thomas McGarity and Sid Shapiro opined on the need for Texas to strengthen its workers' compensation laws and among other things end the...
