San Antonio Injury Lawyer Blog

San Antonio auto accidents are routinely caused by drunk drivers and occasionally caused by the driver's abuse of prescription medication. Driving an automobile while under the influence of prescription medication is illegal and is considered a DWI with the same penalties as driving while under the influence of alcohol. When a serious motor-vehicle accident is caused by someone's alcohol intoxication our San Antonio car accident lawyers routinely investigate to determine whether it is possible to bring a dram-shop case against the establishment that served the alcohol.

In cases where a driver under the influence of prescription medication causes an accident there is an emerging theory of liability that will need to be pursued by a San Antonio injury lawyer. In cases where the over medicated driver causes a serious accident it may be possible to hold the pharmacy or pharmacies liable for providing the drugs to someone who is clearly abusing the medication.

Texas is among the 35 States that collect information about narcotic drugs and track drug prescriptions. The availability of patient information will increase as Texas and other States move towards electronic records. As a result many parties including pharmacies are considering what are their legal obligations and duties when filling prescriptions for potentially drug abusing patients.

Recently, a 35 year old doctor's office receptionist in Las Vegas bought 4,500 doses of a prescription painkiller in one year. That receptionist was in a fatal car accident that killed one person and seriously injured another. In the driver's car the police found prescription bottles and 167 hydrocodone pills. Prior to the accident the State Board sent letters to 14 pharmacies in the area warning them of the potential drug abuser.

It would make Texas roads safer if the State would warn pharmacies when a patient's purchases of narcotic drugs rise to the level indicating abuse. Also, imposing liability not just on the driver of the car but also on the pharmacy would encourage pharmacists to being vigilant about reporting abusive drug use.

San Antonio homeowners may have placed their young children at risk of serious injury or death if they have purchased Roman shades or roller blinds at IKEA or Bed Bath & Beyond. The above blinds have been recalled by the Consumer Product Safety Commission (CPSC) because they pose a serious strangulation risk to small children. Repair kits are available to make the blinds safe.

If you have installed blinds purchased at the above retailers then go to the retailer to inquire about the recall or call a San Antonio personal injury lawyer for assistance in determining whether the blinds you have had installed are included in the recall.

A man from Floresville, Texas was killed when his Ford pickup truck rolled over on Halloween night. Apparently the driver of the truck drove onto the grassy shoulder and in attempt to get back onto the roadway the vehicle's driver overcorrected. This vehicle overcorrection caused the vehicle to rollover twice and the driver was ejected. The pickup landed on top of the driver.

Many vehicles do not provide a safe passenger compartment. Rollover accidents very often result in the death of the driver or passengers because of various design flaws in the vehicle. In many rollover accidents the driver or passengers are ejected and ultimately killed when the vehicle crushes them. Or some people are killed when the roof caves in pinning them inside. Many of these wrongful deaths and injuries would have been prevented if the vehicle had stronger rooflines or break resistant side glass.

If you know someone in Texas that has been seriously injured or killed in a rollover accident contact a law firm with experience in these matters.

Texas residents need to be vigilant when family members are undergoing surgery. Family members should watch, and question the surgeons if necessary, to make sure they understand what body part is being operated upon. ordered to install video cameras in all of its operating rooms after its fifth (5) wrong-site surgery in less than three years. The wrong-site surgeries ranged from operating on the wrong finger to operating on the wrong part of the heads of three patients.

If a surgical error caused significant injuries it is often beneficial to future patients to pursue a medical malpractice claim. Future patients at the Rhode Island hospital will be safer, now that video cameras have been installed; however, it did take many medical malpractice cases before these new safekeeping measures were implemented.

San Antonio cyclists need to be careful not just because of the risk of a negligent automobile driver; cyclist must be concerned about the occasional angry driver who feels that cyclists take-up to mush roadway.

A Los Angeles doctor was convicted November 2, 2009 of injuring two cyclists. In particular he was convicted of assault with a deadly weapon when he slammed on his brakes after passing two cyclists. Apparently he shouted at the cyclists to ride single file when he passed them and then slammed on his brakes. Both cyclists were seriously injured in the incident.

Bexar County, Texas had 159 traffic fatalities caused by drunk drivers in 2008. Drunk driving was the number one cause of traffic fatalities in San Antonio for the period of 2004 through 2008. Thirty-eight percent (38%) of all Texas auto fatalities involved a drunk driver in 2008. The majority of drunken driving accidents involve a driver between the ages of 21-24 and a blood alcohol level of 0.15, nearly double the legal limit.

The only other factor that substantially contributes to fatal automobile accidents is excessive speed. Other causes of motor vehicle accidents do not even come close to Driving While Intoxicated. Large trucks such as 18 wheelers were only involved in 13 fatal motor vehicle accidents in 2008.

Recently there have been a large number of pedestrian fatalities in San Antonio. Bexar County has averaged 2 to 3 pedestrian fatalities per month since 2004. Also, recently there have been a number of fatalities involving bicyclists. This appears to be a spike and is probably related to more people riding bikes. Bexar County has historically averaged three cyclist fatalities per year. Bexar County has exceeded its yearly average in the period from September through August.

Continue reading " Bexar County Auto Accident Fatalities " »

A Schertz-Cibolo-Universal City School Bus was involved in an accident injuring 12 students and the driver. It appears from reports that the driver of the bus may have pulled out into an intersection when unsafe, causing a collision. Wet roads may have also contributed to the accident.

Damages for personal injuries against the school district, based upon the negligence of their driver, will be capped at $100,000.00 under Texas law. If the injuries sustained by any injured person are substantial and exceed $100,000.00 it would be necessary to determine if a claim can be made against a party other than the school district because of the cap on damages.

Other potential parties may be the owner of the property at the intersection if he had obstructed the view of the intersection or obstucted a stop or yield sign. Additionally, it may be worthwhile to investigate the other driver and take his deposition to see if he should have been able to stop even though the bus driver failed to yield.

A thorough investigation is necessary in all personal injury cases. In cases where Texas law has imposed caps (or limits) on recoverable damages (such as claims against government entities and medical malpractice cases) additional responsible parties may be the only way to seek full compensation for injuries and losses.

On October 14, 2009 the National Highway Traffic and Safety Administration ("NHTSA") recalled Thomas Built School Buses manufactured between March 2008 and February 2009 because the lights on the Stop Arms may stop functioning.

This is particularly urgent because if the LED lights stop functioning, the visibility of the stopped bus is decreased thereby endangering a child or other pedestrian.

Also being recalled are two BMW model motorcycles and three models of Ducati motorcycles. The BMW cycles being recalled were 2009 models and the Ducati cycles were 2009 and 2010 models. Both recalls related to stalling which according to NHTSA could increase the risk of a crash.

Whenever it is suspected that an accident may be related to a vehicle defect or mechanical failure it is necessary to investigate recalls related to the suspect vehicle. As an example, you may be able to hold the bus manufacturer liable if a child was struck by a car after disembarking the bus when the car's driver stated he did not see the swing-out stop sign coupled with the product defect detailed above.

Another example would be if an owner of one of the recalled motorcycles was struck from behind by an automobile because his motorcycle stalled in traffic. The driver of the vehicle that struck the motorcyclist would probably be responsible but the manufacturer may also be responsible because of the defect that caused the cycle to stall.