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Can a Bar/Nightclub Be Responsible for Alcohol Poisoning?

Wednesday, November 27, 2019

Alcohol poisoning is a serious and potentially fatal condition in which too much alcohol replaces the oxygen in the blood. It can occur from drinking too much alcohol too quickly. Alcohol poisoning can affect your body temperature, heart rate and breathing. In severe cases, alcohol poisoning can cause coma and death. In Texas, if a bartender or alcohol vendor overserves an obviously intoxicated person too much alcohol, the state’s dram shop law could hold the business responsible for related incidents and injuries, including alcohol poisoning. To learn more, get help from a Dallas dram shop liability attorney.

Is Dram Shop Only Related to Car Accidents?

Texas’ dram shop law, Alcohol Beverage Code Chapter 2, states that an alcohol provider could be liable for damages if it was apparent at the time of providing the alcoholic beverage that the recipient was obviously intoxicated to the point of posing a risk to him/herself or others, and if the intoxication of the recipient was the proximate cause of damages suffered. Although the most common use of the dram shop law is to prove alcohol vendor liability for a drunk driving accident, the statute can apply to many other alcohol-related accidents as well. The law does not specifically name auto accidents as the only incident with recovery available. It simply states that the vendor could be liable for damages suffered.

Does Dram Shop Cover Alcohol Poisoning, Slip and Fall or Wrongful Death?

Dram shop laws exist because those in positions to serve alcohol could effectively prevent drunk driving accidents, assaults and other alcohol-related incidents by cutting off the recipient. Holding alcohol vendors responsible for how much they serve could potentially help prevent overserving patrons, as well as the accidents they cause. The dram shop law in Texas can apply to any damages an intoxicated person causes, including assaulting someone else or causing a drunk driving accident. The intoxicated person, however, cannot use the dram shop law to hold the alcohol vendor liable for his or her own damages.

Although the dram shop law may not apply, a drunken individual could have a case based on negligence against the bar, restaurant or nightclub guilty of overserving him or her. Every establishment has a duty of care, or legal obligation, to reasonably look out for the safety of its patrons. This obligation can come with many specific duties, including a duty not to overserve obviously intoxicated patrons. If an employee of the establishment negligently overserves a person, and that person suffers injuries such as alcohol poisoning, a slip and fall accident or wrongful death, the victim or his or her family may have grounds for a negligence claim.

Dram Shop Liability Law

A negligence claim against a bar or nightclub for overserving must prove through a preponderance of evidence that the establishment owed the victim a duty of care, breached this duty by overserving the victim, and that this breach is what caused the victim’s damages. The victim may also have a claim based on premises liability if a dangerous property element caused the accident, such as beer-soaked floors or inadequate security. A claim can demand compensation for damages such as physical injuries, medical bills, property damage, emotional distress, lost wages and legal fees.

Can I File a Dram Shop Claim if Alcohol Was Served to a Minor?

Texas’ dram shop law also applies to the serving of alcohol to a minor (someone under the age of 18) in some situations. If the alcohol vendor was an adult 21 years of age or older and was not the intoxicated individual’s parent, guardian, spouse or someone keeping custody of the minor, the adult could be liable for the minor’s intoxication. The adult must have knowingly furnished the minor with alcohol or allowed someone else to serve the minor alcohol on a premises the adult owned. If someone served your underage child alcohol and he or she suffered alcohol poisoning, you may have a case against the bartender, establishment, individual or social host. Speak to an injury attorney about a potential lawsuit right away.

Posted by admin at 4:52 pm

Can a Bar Be Responsible for a DUI Accident?

Monday, November 25, 2019

Drunk driving is a rampant problem in Texas and throughout the U.S. In 2018, driving under the influence (DUI) in Texas caused fatal accidents that killed 940 people. Drunk driving accounted for 26% of the total number of motor vehicle crash deaths in Texas in 2018. Most people know they can hold the drunk driver responsible for a drunk driving accident, but may not know the bar or establishment that furnished the DUI driver with alcohol could also share liability depending on the situation. If you were injured by an intoxicated individual get help from a Dallas dram shop liability attorney.

Dram Shop Liability Laws

Like most states, Texas has a dram shop law in place that holds alcohol providers, such as bars and restaurants, responsible for drunk driving accidents in certain situations. The law states that selling, serving or providing alcoholic beverages could be grounds for a cause of action after an accident if certain circumstances exist. First, it must have been clear at the time of the dram shop offering the alcohol that the person was obviously intoxicated to an extent that he or she posed a danger to him/herself or others. Second, the person’s intoxication from the alcohol furnished must have been the proximate cause of the accident in question.

An adult 21 or older could also be liable for the actions of an intoxicated person if the drunk person was a minor under the age of 18, and if the furnishing adult was not the minor’s spouse, parent or guardian. The adult must have knowingly served, or allowed someone else to serve, the underage individual alcohol that contributed to the individual’s intoxication. Texas’ dram shop law can apply to any provider that served an obviously intoxicated person alcohol before he or she drove a vehicle and got into a DUI accident.

Can a Distributor of Alcohol Be Accountable for Accidents Involving Intoxication?

Yes, a distributor of alcohol can be legally accountable for car accidents and other incidents involving someone’s intoxication. A Dallas DUI accident could come down to the shared liability of both the drunk driver and the dram shop that provided the driver with alcohol if the shop knew or reasonably should have known the individual was already intoxicated, yet served the person alcohol anyway, and if this was the proximate cause of the drunk driving accident. If another bar or restaurant would not have served the person alcohol in the same circumstances, the dram shop could be liable for a resultant drunk driving accident.

Under Texas’ dram shop laws, DUI accidents are not the only incidents for which an alcohol provider may be liable if it sells alcohol to an obviously intoxicated person. The bar or distributor could also be liable for alcohol-related incidents such as brawls, assaults, violence and fall accidents. For example, if a distributor gives alcohol to Person A despite Person A’s obvious drunkenness, and Person A starts a fight with Person B, the bar could be liable for Person B’s injuries and hospital bills.

Obvious intoxication refers to a level of drunkenness that a prudent and reasonable alcohol furnisher would notice. This could include common signs of intoxication such as slurred speech, bloodshot eyes, stumbling while walking or smelling of alcohol. If an individual did not exhibit signs of intoxication or had an unusually low tolerance, however, the bar or restaurant may not be liable for furnishing the individual with more alcohol, even if that person went on to cause a drunk driving accident.

What Other Establishments Can Be Held Responsible?

Any establishment that furnishes alcohol to an intoxicated person who causes a drunk driving accident could be legally responsible for damages. This can include a bar, restaurant, gas station, grocery store, social host or individual. Any provider that sells or serves alcoholic beverages using an alcohol license or permit could be responsible if the intoxicated person drives and causes a car accident. An establishment can be vicariously responsible for the actions of its employees, as well, including bartenders and waiters. Find out if you have a case against a dram shop in Texas by talking to an attorney.

Posted by admin at 4:48 pm

Top 6 Things You Should Not Do After an Injury

Wednesday, October 23, 2019

You have more influence over your future than you might think after suffering a personal injury. While a good attorney may be able to build a case against a negligent party regardless of your actions after an accident, taking the correct steps could greatly increase your odds of securing a settlement or jury verdict. With help of a personal injury lawyer, learn six top things you should not do after an injury if you wish to maximize your chances of a payout in Dallas, Texas.

Stay Silent

Document your accident immediately by coming forward and telling someone what happened. You should report your accident and injuries to an employer, floor supervisor, store owner or the police depending on the circumstances. Report your injuries to someone in a position to create an official accident report. A report can serve as proof that the accident happened, as well as an important tool for documenting details such as date, time, location and the names of witnesses to the accident.

Admit Fault

Admitting fault is a common mistake made by victims after first accidents. It is natural to want to apologize for the accident or say you were at fault if you believe this to be true. However, it is important not to admit fault to any of the parties involved, as well as to the police or an insurance company. Admitting fault could place liability with you before investigators have a chance to get to the bottom of the accident. You could be unaware that someone else’s fault caused or at least contributed to the accident. The other driver in a car crash, for example, could share fault for the collision. Reducing your liability could increase your payout.

Assume You Do Not Have Injuries

If the police or other parties ask whether you have injuries, wait before saying no. Even if you feel normal, you could have hidden injuries or injuries with delayed symptoms. The adrenaline of a serious accident could be masking pain or other symptoms of an injury. Instead, say you are not sure and wish to see a doctor before answering. If you say you do not have any injuries during a police interview or to an insurance adjuster, it can be difficult to obtain compensation if you discover injuries later.

Wait to See a Doctor

Never let days, weeks or even hours pass between the time of your injury and a doctor’s visit. It can be imperative to your personal health to see a physician right away after a car accident, slip and fall, dog attack, violent crime, or another type of incident. A doctor can diagnose your injuries and suggest immediate treatment for the best prognosis for recovery. Immediate medical care can also prove to an insurance company the existence and severity of your injuries.

Accept the First Insurance Settlement Offer

Once you file an insurance claim for your personal injury, the insurance company will assign an adjuster to your case. The insurance claims adjuster will not have your best interests in mind. Instead, he or she will want what is best for the insurance company; namely, to minimize your payout to save the insurer money. Before you accept a lowball settlement offer, speak to a lawyer about the true value of your injury claim.

Fail to Get Legal Advice

A personal injury lawyer in Dallas can review your accident case, evaluate your economic and noneconomic damages, and help you negotiate a fairer settlement from an insurance company. Hiring a lawyer to take over insurance claim negotiations for you could ensure the adjuster does not convince you to accept less than your case is worth. An attorney can also take your injury claim to court in Texas if the insurance company refuses to offer a reasonable amount to cover your damages. Consulting with an attorney is one of the most important steps to take after suffering a serious injury.

Posted by admin at 7:45 pm

E-Scooter Accidents and Injuries

Wednesday, January 16, 2019

Dallas permitted electric scooter (e-scooter) rideshare companies Bird and Lime to release about 1,000 rental e-scooters into the city in July 2018. Since then, dozens of victims have suffered road rash, facial lacerations, broken bones, and traumatic brain injuries in e-scooter accidents. E-scooters can go up to 15 miles per hour. This can surprise many new riders and contribute to accidents. Negligent drivers are another major threat riders face in Dallas.

E-Scooter Injuries and Deaths in Dallas

In the first three months after rideshare scooters’ debut in July 2018, Dallas police received four motorized scooter accident reports. Not all victims called 911, however, since Dallas paramedics recorded 13 scooter accident patients in the same time period. Parkland Memorial Hospital identified 37 cases involving scooters in the last half of 2018, with a major spike after the release of rentable e-scooters. Baylor University Medical Center says at least seven scooter patients required major surgeries since July.

The first confirmed rentable e-scooter death happened in Dallas, Texas. The rider was not wearing a helmet, and suffered a fatal head injury when he crashed the scooter, potentially in a hit-and-run. The victim, Jacoby Stoneking, took a Lime e-scooter home from a restaurant on September 1st. He soon called a friend to request a Lyft, saying he had crashed and hurt his foot. When the driver arrived, however, Stoneking was lying near the broken Lime scooter and sadly, was unresponsive.

Although the details of this fatal e-scooter accident remain unknown, authorities say the scooter had broken in half when they responded to the scene. While Stoneking’s family always suspected a hit-and-run because of the severity of his injuries, another answer could be that the scooter snapped in half during use. Other reported cases of e-scooters breaking in half have surfaced around the world, making many question a possible product defect. If this is the case, Lime could be liable for victims’ damages.

What Causes E-Scooter Accidents in Dallas?

Electric scooters pose many risks to riders. They expose riders to many potential personal injuries in a crash, with no metal shell to protect the rider from hazards. Although Bird and Lime recommend riders wear helmets, no law in Dallas forces riders to do so. (The law does require helmets, however, to ride mopeds in Dallas.) Lack of helmet use, new riders who underestimate the speed of the scooter, and negligent drivers can all result in e-scooter accidents and injuries.

Drivers in Dallas are still growing used to seeing dozens of electric scooters on roads and bicycle paths in the city. Many do not understand or respect the rights of scooter riders. They may tailgate scooters in traffic, pass too closely, honk, shout, ignore the right-of-way, or otherwise threaten the safety of scooter users. This can cause serious and fatal collisions. Drivers speeding and breaking other roadway rules can also cause e-scooter accidents.

What to Do as an Injured E-Scooter Rider

If you recently rented a Bird or Lime scooter in Dallas and suffered personal injuries in a crash, you may have grounds for a claim against one or more parties. An at-fault driver could be liable for your damages, as could the scooter company, a product manufacturer, or a property owner. More than one party could share fault for your accident depending on the situation. It is up to you as the victim to protect your rights and pursue compensation through the civil system.

You are not the first person to suffer a serious injury on an electric scooter. Resources are available to help you recover fair compensation. Discuss your case with an attorney to find out if your case has merit. You may be eligible to recover money for medical bills, lost wages, and pain and suffering from the at-fault driver or e-scooter company.

Posted by admin at 5:14 pm

What Can I Do if Injured While Rock Climbing?

Monday, November 20, 2017

Rock climbing can be a fun and safe pastime, if you practice it correctly. Gyms all over the country have caught onto the trend, and now rock-climbing walls are ubiquitous. These gyms provide a fun way to get some physical activity, but they can also be dangerous. What happens when you’re injured while using a climbing wall? Can you legally sue the gym where it happened? Learn about liability as it pertains to rock climbing.

Premises Liability Concerns

One of the biggest theories pertaining to rock-climbing injuries is that of premises liability. This is a very complex area of the law, but it basically asserts that anyone who owns a property must be reasonably careful in its upkeep and make it safe for visitors. If a property owner knew or should have known that a dangerous condition existed but didn’t fix it, you may have legal grounds for a claim.

Rock walls require regular maintenance. If owners don’t regularly check steps, ropes, or other equipment and it falls into disrepair, causing injury, you may be able to file a lawsuit on the grounds of premises liability.

Product Liability Concerns

On the other hand, sometimes the fault is not with the property owner, but the manufacturer of the equipment. If a defective piece of safety gear (or the wall itself) leads to your injury, it becomes a matter of product liability law. Manufacturers can commit negligence if they distribute products that have an inherent flaw in design, or even a defective batch. Retailers may even be responsible if they sell an unsafe product – for example, a safety harness that has been subject to recall.

What about Waivers of Liability?

Rock climbing accidents may be unique in that many gyms have participants sign a “waiver of responsibility.” This serves as protection for the gym, which says that you can’t sue for damages after signing. However, you may still be able to pursue damages, even if you signed a waiver. The courts may deem a waiver unenforceable; it depends on the exact nature of your case.

Damages in a Rock Climbing Accident Claim

If you recently incurred injury at a rock climbing gym and it arose from someone else’s negligence, you may be able to gain two types of compensation. These include:

  • Economic damages. These compensate for material aspects of an accident, which includes medical bills, ongoing rehabilitation costs, and the cost of missing work (lost wages).
  • General damages. These damages help address the intangible losses associated with your experience, such as pain and suffering. It may also address emotional distress or loss in life quality.

Rock climbing can be a fun way to pass the time, but it’s not without its dangers. Participants should know their legal options in the event of an accident or injury. Even if you signed a liability waiver, you may still have legal grounds for a claim. If you think you have a case for negligence based on what you’ve read here, the best thing you can do is contact an attorney for a free initial consultation.

Posted by admin at 11:10 pm

Can You Sue After an Electric Shock?

Monday, November 13, 2017

Electric shock injuries are not rare and the damage they cause varies greatly. Electrocutions are when an electric shock is fatal and they are fairly rare.  According to the Consumer Product Safety Commission, there are around 70 fatal electrocutions each year from consumer products, and many more injuries. The most common age for electrocution is not among children, but among adults aged 40 to 59. One of the most common forms of electrocution results from occupational injuries, which account for almost 10% of all fatal workplace accidents.

If you or a loved one recently sustained a serious electric shock, you may be wondering what your legal options are. The following aspects will inform any electric shock lawsuit:

Who Is the Responsible Party?

As with virtually every other personal injury case, electric shock cases are rooted in the theory of negligence. This means that another person’s careless actions (or inaction) directly led to your injuries. In general, there are four elements that comprise an electric shock case:

1. Someone owed you a duty of care – i.e., they were required to help keep you safe. For example, your employer has a duty to provide a safe workplace.

2. That party breached their duty of care – i.e., committed negligence. An example might be failing to check a machine for loose wiring.

3. That breach of care led to your injuries, and;

4. You incurred specific damages as a result (medical bills, lost wages, etc.).

The most important part of your case will be determining who breached their duty of care. There are several legal theories that may come into play in an electric shock case, which may include:

  • Premises liability. If you were shocked at a store or in a public place, you may have a case based on the idea that property owners are duty-bound to keep their premises safe for visitors.
  • Negligent supervision. If your child or loved one was shocked while playing in a pool in a thunderstorm while under another person’s care, you may collect compensation using the theory of negligent supervision.
  • Product liability. If you were shocked while using a defective product, you may have a case under the scope of product liability law, which states that anyone involved in the production and distribution of a product must use reasonable care to make it safe.

Types of Damages in Electric Shock Cases

If you have legal grounds for an electric shock lawsuit, you may be able to collect damages. These include, but are not limited to:

  • Economic damages. These types of damages, also called “special” damages, compensate for all the tangible losses associated with your experience. Examples may include medical bills, lost wages, and the cost of rehabilitation.
  • General damages. These help with the intangible losses of an accident, such as pain, suffering, and any loss in life quality.

Electric shocks can lead to serious injury or death. Thankfully, victims of these shocks may be able to gain compensation, especially when their injuries arise from someone else’s negligence. If you have further questions or want to know if you have grounds for a personal injury lawsuit, contact an attorney.

Posted by admin at 11:02 pm

Summer Camp Injuries and Illness: Who is Responsible?

Thursday, July 20, 2017

Summer is here, and kids are celebrating the end of the school year and packing up for camp. New friends, outdoor activities, and time spent away from home to encourage independence are among the many benefits of a summer at camp. Nationwide, there are 7,000 overnight camps and about 5,000 day camps in the U.S., attended by some 11 million campers, according to the American Camp Association (ACA).

As parents, you are trusting your children to the supervision of others when you send them off to camp. Hopefully, you’ve done your research and selected a camp with a great reputation and track record of many summers without incident. Nevertheless, accidents do happen at camp. Most are minor scrapes and cuts, but serious injuries and illnesses can occur. When they do, who is responsible?

The Camp’s Duty of Care to its Campers

In most cases, the camp has a duty to keep it’s campers reasonably safe, under the legal theory of premises liability. The camp’s grounds should be maintained free of hazards, and the activities should be age appropriate, not unduly dangerous, and well supervised. The camp owes a duty to its campers and their families to review its programs and facilities to minimize injury risks. When the owner, operator, or a staff member of the camp fails in its duty to create and maintain a safe environment, and a serious accident or injury occurs, a parent might successfully sue the camp for their child’s injuries.

Types of Injuries and Illnesses that Occur at Camp

  • Communicable diseases: Kids sleep in fairly close quarters and as with any time youngsters come together in groups, germs get passed from one to another. Most common are respiratory infections and gastro-enteritis, “stomach flu.” Most of these are minor and pass within a few days. In the rare instance of a serious outbreak of a life-threatening disease, such as measles or meningitis, depending on the circumstances, the camp’s vaccination requirements, and how the first case was handled, it might be possible to prove negligence and hold the camp liable for the cost of medical care, pain and suffering, and any long-term damage to the child’s health.
  • Slip, trip, and fall accidents: If a child slips or trips and falls because of some hazardous condition at the camp, the owners may be held liable for any injuries that occur, if it can be shown that they were negligent in maintaining the premises in a reasonably safe condition, and that they caused or allowed a hazardous condition to exist, under the legal theory of premises liability.
  • Injuries resulting from the failure to use appropriate protective equipment: Team sports, horseback riding, and cycling are among the camp activities that require protective gear. If the camp either does not provide the gear or does not enforce its use, they may be held liable for your child’s injuries.
  • Injuries resulting from lack of supervision: There’s no telling what kind of trouble kids can get into when left unsupervised. When you send your child to camp, you rely on the staff to provide appropriate supervision. It is the camp’s responsibility to provide it. The camp can be held liable for serious injuries or deaths (drowning, for example) brought about by lack of supervision of the campers.
  • Inherently dangerous camp activities: Horseback riding, football, capture the flag, wilderness hiking, and other activities common at camp come with inherent dangers for kids who participate. You will usually be required to sign a release of liability form. If the camp has provided adequate training, supervision, and protective gear, they will probably not be held liable for a child’s injury in an activity with inherent danger. However, if they were lax in any of the above, you might have a case.
  • Sexual or physical abuse of children due to failure of camp to screen staff: The camp is responsible for ensuring that the people they hire to supervise and guide the children are of good character. They should perform thorough background checks to determine if there any red flags that might indicate an applicant is not fit to be around children. Needless to say, a conviction for a violent crime, domestic abuse, or a sex offense should preclude hiring someone. If any sort of child physical or sexual abuse occurs at the hands of a staff member, the camp may be held liable for wrongful hiring and failure to properly investigate those who will care for the kids.

If Your Child’s Injury is More than a Minor One

Children are prone to injuries, and some types of injuries will inevitably occur at camp. The good news is that most camps have on-site healthcare providers and adhere to national camp standards requiring the presence of a licensed healthcare provider present around the clock to deal with most common illnesses and injuries as they occur.

Depending on the specific circumstances, the camp may or may not be held liable for serious injuries, depending on the specific situation in which the harm occurred. If your child suffered a serious injury or illness at a day or sleep-away camp that could have been prevented, talk to an experienced personal injury attorney to learn what legal options might be available.

Posted by admin at 8:49 pm

DART BUS ACCIDENT ATTORNEY

Monday, May 22, 2017

DART BUS ACCIDENT LAWYERS

Every day in Dallas County, an average of two-hundred thousand commuters, tourists and others board Dallas Area Rapid Transit (DART) buses from bus stops along roadways or at DART transit centers. Unfortunately, in the event of a collision, people are killed or sustain serious injuries in accidents involving DART buses on a far too regular basis. Most DART buses do not have seat belts and the massive size of DART buses often cause severe damage. If you or a loved one has been involved in a DART bus crash, whether as a passenger, a pedestrian, or a motorist, consulting with an experienced DART bus accident attorney can help ensure you are taking the steps necessary to obtain the compensation you deserve.

There is a deadline to file notice of a claim against DART and the City of Dallas. Failure to timely file a claim or to follow the proper procedure could prevent your ability to recover damages. Contact a Dallas DART accident attorney to preserve your claim for maximum compensation. 

Dallas Area Rapid Transit System

The Dallas Area Rapid Transit authority (or DART) is a transit agency operated by primarily in Dallas County, Texas. It operates buses, light rail, commuter rail, and high-occupancy vehicle lanes in Dallas and 12 of its suburbs. DART currently provides transportation to the following suburbs:

  • Addison
  • Carrollton
  • Cockrell Hill
  • Farmers Branch
  • Garland
  • Glenn Heights
  • Highland Park
  • Irving
  • Plano
  • Richardson
  • Rowlett
  • University Park

At times DART hires private companies to provide support and operate buses and transportation vans on behalf of DART. In addition to buses, DART operates a light rail service, and is the largest light rail operator in the United States with a rail system of 93 miles.

Causes of DART Bus Crashes

 There are many reasons why a DART bus may get into an accident. Some of the most common reasons include:

  • Negligence on the part of the DART bus driver
  • Negligence on the part of the driver of another vehicle
  • Speeding
  • Alcohol or drug Use
  • Sleep deprivation
  • Mechanical problems
  • Improper maintenance
  • Distracted driving such as cell phone use
  • Inadequate training
  • Inadequate supervision

Common DART Bus Accident Injuries

Some of the most common injuries individuals sustain when involved in a DART bus accident include:

  • Whiplash and spinal cord injuries
  • Fractures
  • Sprains to the muscles
  • Brain injuries
  • Trauma to the head
  • Paralysis
  • Crushing injuries
  • Damage to nerves
  • Internal injuries
  • Cuts, bruises and burns

What Damages Can I Recover After a DART Bus Accident?

One of the most common questions asked of a Dallas DART bus accident attorney after a DART bus accident is in regard to what damages can be recovered. If you or a family member has been injured in a DART bus accident, you may have a claim against Dallas Area Rapid Transit and the City of Dallas for the following damages:

  • Medical expenses
  • Pain and suffering
  • Disfigurement
  • Emotional distress
  • Loss of quality of life
  • Other damages

The Law in Texas for DART Bus Injury Cases

DART bus drivers must obey all traffic laws and the Texas Transportation Code. Because DART buses are considered “common carriers” the driver must use utmost caution when driving these vehicles in order to ensure the safety of the passengers on board. DART must properly maintain DART buses. Additionally, DART must hire, train and supervise qualified drivers. In addition to passengers, DART drivers have a duty to drive in a reasonable manner and not endanger the safety of people in other vehicles or pedestrians. If the driver of another vehicle  causes a collision with a DART bus, you may have a claim against both the DART bus driver and the driver of the other vehicle. Additionally, there may be other parties an experienced Dallas DART bus accident attorney can pursue for damages.

Who Can Be Held Responsible for a DART Bus Accident?

A DART bus crash can be the result of the fault of the DART bus driver, DART, or there may be several different parties that contribute to a collision that can be held accountable for your accident.

DART Bus Drivers – DART bus drivers who are poorly trained, under the influence of drugs or alcohol, drive while distracted, or fail to drive like a reasonable person and commit traffic violations can be held responsible for causing a crash.

Other Motorists – In Texas, the driver of a motor vehicle has a duty to drive in a reasonable manner.  Negligent drivers that collide with a DART bus or force the DART bus to lose control are responsible for the injuries and damages that result in the DART bus crash.

Private Bus Companies – DART at times contracts with third party private bus companies to perform overflow transportation work, as well as transportation for DART vans. Private bus companies are required to perform vehicle maintenance, comply with government regulations, and hire qualified drivers to operate the vehicles safely. The bus company may be liable for serious crashes that result from their negligence and are responsible for the negligence of employee drivers.

DART Bus Accident Attorney Notice Requirement

Notice of a claim against DART and the City of Dallas must be brought timely and meet the strict notice requirements set forth under Texas law. Failure to file the timely or proper notice of a claim could result in the loss of the ability to recover damages against DART. It is imperative that anyone injured by a DART bus provide DART and the City of Dallas with notice of a claim within the deadlines required under Texas law.

Experienced DART Bus Accident Attorney

If you survived a DART bus crash or lost a loved one in a DART bus crash, you may be entitled to receive significant compensation for the injuries and losses you have suffered. Contact an experienced DART bus accident lawyer at the Law Firm of Aaron A. Herbert. Board Certified Dallas personal injury attorney Aaron Herbert has recovered millions for accident victims and their families. For a free consultation, call 24/7 to (214) 200-HURT or click HERE to fill out the online, attorney-consultation form. The consultation is free and there is no fee or expense until we win the case.

Posted by Aaron Herbert at 7:20 pm

What Is the Texas Dram Shop Law?

Wednesday, November 30, 2016

When one person injures another, the injured party may seek compensation for his or her injuries and associated expenses by filing a personal injury lawsuit against the person who injured him or her. In some situations, a third-party may share some of the blame. This third-party may not have directly contributed to the injury-causing incident, but his or her involvement enabled the defendant (the person being sued) to commit the action.

One of the most prevalent examples of this situation would be a bar or other establishment that serves alcohol to an obviously intoxicated patron. In Texas, the laws meant to prevent such incidents are known as dram shop laws.

How Do Dram Shop Claims Work?

Any establishment or “social host” that provides alcohol to guests may be held responsible for any injuries that those guests cause to others after they leave the premises. Additionally, liquor stores and other alcohol vendors can be held responsible for damages in some cases, including any instance of alcohol being sold or given to anyone under the age of 18 or any instance of providing alcohol to an obviously intoxicated person.

A “social host” describes any individual who knowingly supplies alcohol to individuals under the age of 18. This does not apply to parents – a parent cannot be held accountable as a social host if his or her child injures another person due to intoxication. Under Texas laws, social hosts include any adult who is not a parent, legal guardian, or spouse of the minor under 18. Social host laws also apply to individuals who knowingly serve alcohol to minors under 18 or permit alcohol consumption by minors under 18 on his or her property.

Damages

As with any other personal injury case, a personal injury lawsuit involving dram shop laws can provide the injured party with various forms of compensation, including:

  • Medical expenses. Compensation for medical costs can include emergency response services and care, hospital bills, the costs of any necessary subsequent treatments (such as physical therapy or reconstructive surgeries), prescription costs, and any other medical expenses resulting from the incident.
  • Pain and suffering. The plaintiff’s attorney will consult with medical professionals who will act as expert witnesses. Expert witnesses have no personal involvement in a case, but instead, provide their expertise to the court to help a jury determine how an injury affected the plaintiff. Although it sounds difficult to quantify physical pain and emotional trauma with a dollar figure, expert witness testimony allows a court to determine a reasonable amount of compensation.
  • Lost income. If an injury prevents the plaintiff from returning to work for an extended period, he or she can claim lost wages as compensation. If an incident results in a permanent disability that prevents the plaintiff from resuming his or her job permanently, he or she can sue for the income that he or she would have reasonably expected to earn in the future.
  • Property damage. This includes damage to a vehicle or destroyed personal belongings.

Cases involving dram shop laws often involve extensive investigation, such as interviewing patrons and staff of the establishment who saw the intoxicated individual, security footage from the establishment, and consultations with expert witnesses. An attorney is crucial for successfully navigating any personal injury case and any case involving Texas dram shop laws – which will likely be complex.

The individual directly responsible for the incident and the establishment that served alcohol to the individual can both be held accountable for the incident. For example, if you were struck by a drunk driver and injured, you can sue the driver for compensation for the damages listed above. Additionally, if that driver just left a bar that continued to serve him or her alcohol after he or she was visibly drunk, the bar can also be held accountable for contributing to the incident.

Posted by admin at 5:27 pm

Can I Sue a Doctor for Giving Me Bad Advice?

Tuesday, August 30, 2016

Society relies on health care professionals to provide life-saving procedures, treatments, and medical advice. When patients suffer an illness or injury, they trust physicians to locate the source of the problem and recommend a solution based on years of special training and expertise. Doctors have a duty to uphold high standards of patient care, by law and under the Hippocratic oath. While an honest mistake is not grounds for a medical malpractice lawsuit, negligence resulting in injury is a reason to seek legal counsel.

Negligence and Medical Malpractice

The foundation of every medical malpractice case is a physician’s alleged negligence. When a doctor fails to exercise the proper standards of care, including giving bad advice to a patient, it isn’t necessarily malpractice. Bad advice can simply be an honest oversight. People rely on physicians for help deciding on a course of treatment based on information and symptoms the patient provides. Unfortunately, this treatment may not always be what is best, and if another physician reasonably would have given different advice in the same situation, it may be negligence.

For a case of medical negligence, you must prove four things:

  1. The doctor owed you a standard of care. A doctor-patient relationship must exist between you and your doctor at the time of the alleged bad advice. To do so, you must show that the doctor in question was in fact your doctor at the time of the incident.
  2. The doctor breached an ethical duty to uphold this standard of care. In this case, the doctor gave you bad advice. You must prove the doctor’s reason for breaching the standard of care stemmed from negligence, such as not listening to your symptoms or reading your patient chart.
  3. The doctor’s breach of duty caused your injury. It’s not enough to prove that a doctor was negligent and breached the acceptable standards of care. The breach must have caused you an injury. For instance, you must provide proof that taking the doctor’s bad advice worsened your condition.
  4. You suffered damages as a result of the negligence. If you didn’t suffer damages from the doctor’s breach of duty, there’s no point in pursuing a lawsuit.

If you can prove these four things, you likely have a case of medical negligence on your hands. Your doctor may have been distracted during your appointment, or the hospital could have mixed up your medical records. There are many types of negligence and reasons a doctor may give bad advice to a patient, but in every case the injured patient has the right to pursue recovery.

How to Establish Wrongdoing

Medical malpractice cases can be complex, with a heavy burden of proof on the victim. Establishing a doctor’s wrongdoing requires interviewing eyewitnesses, such as nurses or maintenance crewmembers, analyzing your medical records, and hiring an expert key witness to testify. The key witness can tell the jury what the defendant reasonably should have advised according to professional standards. In a case of bad advice, proving negligence is especially difficult. The doctor may have believed the actions or advice he or she provided was best based on the symptoms.

Luckily, the law recognizes the difficulties a plaintiff faces when proving medical negligence. If your injuries were the direct result of a doctor’s negligence but you can’t pinpoint exactly what the doctor did wrong, you can invoke a legal doctrine called “res ipsa loquitur,” Latin for “the thing speaks for itself.” This implies you only have to show you suffered an injury that must be the result of negligence. Consult with an expert Dallas personal injury attorney about your bad advice incident and subsequent injuries to find out if you have the elements of a medical malpractice case.

Posted by admin at 10:43 pm