San Antonio Injury Lawyer Blog

A wrongful-death lawsuit has been filed by the parents of the couple that were fatally injured while cycling on October 1, 2009 north of San Antonio. The couple was riding a tandem bicycle when they were struck by a Ford F-150 truck. The driver of the truck briefly left the roadway and then overcorrected causing him to lose control.

In a wrongful death lawsuit the injury lawyer will likely try to recover: medical and funeral expenses; compensation for loss of companionship, mental anguish, and the decedent's pre-death pain, suffering and mental anguish. The couple left a young child and any recovery would likely be held in trust for the benefit of the child.

The Sheriff's Department and the District Attorney's office are investigating this vehicle accident to determine whether charges for manslaughter or criminally negligent homicide should be brought against the truck driver. The investigating authorities are probably subpoenaing the phone records of the driver to determine whether he was on the phone or texting while driving.

The success of the personal injury claim is not dependant upon a criminal case being filed. Each court system, criminal and civil, has independent burdens of proof and different methods of determining justice – one to determine whether the driver will lose his freedom, and the civil court system will determine whether the driver or his employer should compensate the young child for the loss of both parents.

A San Antonio motorist is reported to be in critical condition following a head-on collision late Wednesday, December 9, 2009. Apparently, a 25 year old driver lost control of his 2003 Nissan while traveling along a curve in the roadway. The vehicle spun around and then crossed into oncoming traffic, striking a van head-on. The driver of the Nissan was reported to have not been wearing his seatbelt, and was thrown about the car causing critical injuries. No report was given concerning whether speed was a factor. However, additional inquiry may reveal other factors and causes of any injury.

Although it was reported that the driver was not wearing his seatbelt, it is possible that he was, and the seatbelt failed. By investigating the seat belt mechanics, any issues with the locking system, and other components, a reasonable determination can be made concerning whether the restraint system failed - leaving the appearance that an occupant was not wearing the restraint when emergency responders arrive.

Experienced and resourceful investigation can many times correct other erroneous first impressions – such as whether an injury occurred in the first place. First responders (police, fire, EMS) are trained to aid those in need. Some have additional training to investigate accidents. But for the most part, they are concerned with safety and well being. If it appears that an individual was not wearing a seat belt, or that an accident didn't leave visible damage to a vehicle and therefore no injuries were sustained, no further thought is given by these first responders. However, serious injury can be inflicted on humans even though a car does not show evidence of damage. Cars are made with state of the art materials that are designed to displace the energy of a collision and leave no physical indication of damage; however, as the energy passes through these materials, it still imposes forces on the human musculoskeletal system and our bodies suffer injury as a result.

A San Antonio driver allegedly caused a two-car wreck with a San Antonio Police officer shortly after midnight on December 10. It was reported that the driver apparently drove in front of the officer causing the patrol car to crash into the truck. The driver was also charged with driving while intoxicated (DWI), which can also be called driving under the influence (DUI).

The driver and the officer were transported to Northeast Methodist Hospital for treatment of personal injuries after the wreck was investigated. The auto accident occurred at the intersection of Thousand Oaks Dr. and Nacodoches Rd.

When a collision is caused by any driver, an investigation into the factors and negligent acts of the vehicle operator must be undertaken. However, when a person is alleged to have been intoxicated, further investigation is warranted. An analysis of the intoxication level is only the beginning: a thorough evaluation of whether the driver was intoxicated at the time of the wreck should be followed by an investigation of when and where the driver consumed the alcohol. If a person is consuming alcohol at a restaurant or bar, and is already showing signs of intoxication while still being served, the bar or restaurant may be liable for injuries to the victim in the car wreck. By determining the alcohol level recorded by the police, using scientific principles, an analysis can be made to determine what the alcohol level and intoxication level were earlier in time. If it can be shown that the person was clearly intoxicated at a time that bar tenders or servers were providing alcohol to the person, Texas law provides for what is commonly referred to as Dram Shop liability.

Only experienced lawyers and law firms with knowledge in the area of DWI/DUI and the science of blood-alcohol concentrations can effectively evaluate these potential cases.

Drivers and auto accident victims in San Antonio and throughout Texas should be aware that there is currently a recall on Jeep Grand Cherokee 2010 models concerning a potential failure to deploy passenger side airbags. Obviously, such an event could seriously impact and increase the injuries one may sustain if riding in one of these vehicles and being invloved in a collision that should ordinarily deploy the airbag to protect the passenger. Without passenger side airbag deployment, if a person strikes their head on any part of the door frame, damage and personal injury ranging from contusions to serious brain injury can occur.

Information regarding this automobile product defect recall can be found at the National Highway Traffic Safety Administration (NHTSA). Vehicles affected include the 2010 model Grand Cherokee, with manufacturing dates from October 22 through November 12, 2009. The cause appears to be an electrical system/instrument panel error, and dealers are expected to begin replacement of the top cover of the instrument panel in December.

In any car wreck, in addition to determining the fault of the driver that may have negligently caused injury, it is always important to ascertain whether a manufacturing defect may have been the source of injury or potentially aggravated the injury beyond what should have occurred in an otherwise, seemingly typical car accident.

The San Antonio legal community lost one of its most respected members this week. Judge Andy Mireles died on December 15, 2009. May he rest in Peace.

Judge Mireles started his career as a personal injury lawyer, fighting for the rights of victims of negligent employers and those that caused needless injury and harm to others. Early in his career he became respected by lawyers and judges in the community as a tenacious opponent. His ethical standards were above reproach, and he soon became regarded as one of the leading lawyers in San Antonio. His dedication to this city was exemplified by his first effort at elected office - Trustee of the San Antonio Independent School District Board. He championed the cause of education and of providing a future for young men and women.

Once he was elected Judge of the 73rd Judicial District Court, he continued to speak out - and act in the best interests - regarding young people. He is considered to have been one of the pioneers of the juvenile justice system in Bexar County. As a judge presiding over civil trials, he always expected lawyers to be prepared and ready. He would always ask lawyers about recent caselaw that might affect the current argument under discussion, in order to be sure that his rulings were in line with the law. He was also a fierce believer in the fact that the courthouse is a public place and that citizens, acting in their role as jurors, fulfilled the constitutional mandate of our forefathers.

Judge Andy Mireles will long be remembered in this community. His passing brings a heavy heart to those of us privileged to have known him, worked with him and appeared before him. Vaya Con Dios, mi juez.

A wrongful-death lawsuit has been filed by a personal injury attorney as the result of a drunken driving accident that caused the death of a motorcyclist Northwest of San Antonio. The passenger on the motorcycle was killed and its driver was seriously injured when they were struck from behind by an allegedly drunk driver.

The driver of the pick-up that struck the motorcycle was charged with intoxication manslaughter and intoxication assault. According to the troopers reports the alleged drunk driver's alcohol level was 0.19. The legal limit is 0.08.

The author of this article has hired numerous experts in intoxication fatalities and dram shop cases and most experts believe that everyone is severely and obviously intoxicated at 0.16, and some believe the obviousness cannot be hidden at even lower levels. Therefore, the lawyer that filed this case against the establishment that served the alcohol will probably be able to show that the driver was "obviously intoxicated" and should not have been served alcohol. In defending the saloon that served the drunk driver it may be argued that the driver's past alcohol abuse, as indicated by his prior DWI, gave him a high tolerance to alcohol and therefore, he was not "obviously intoxicated". Expert toxicologist or others experienced in the effects of alcohol are very often hired by experienced personal injury lawyers to explain the science of alcohol absorption rates and the effect of alcohol on reaction time.

Bringing a lawsuit against the drunk driver and the bar or saloon that served the alcohol serves many purposes. One is to compensate the family of the deceased for their loss. Another possibly greater good is to make businesses aware that they can be held liable if they over serve their patrons alcohol. The dram-shop laws do not make the businesses liable every time one of their drunken customers injures someone. They are only liable if they serve an "obviously intoxicated" patron. When a customer is very intoxicated the business must refuse to serve any additional alcohol or risk a lawsuit. It is not legally required that they call a cab or take away the person's keys; even though that may be the right thing to do.

According to the National Highway Traffic Safety Administration (NHTSA) San Antonio auto accident victims need to be aware that the 2009 model year Nissan Sentra automobile may have a defective master cylinder. This defect may result in the vehicle having a much longer stopping distance than originally designed. Unsuspecting owners may apply their brakes in a fashion that would be considered reasonable or normal under the circumstances, only to find that the vehicle is not stopping.

Therefore, if you are struck by a 2009 Nissan Sentra it is possible that the automobile manufacturer is liable because of its defective product. Also, if the owner of the Sentra had the vehicle recently serviced it may be possible to hold the dealer responsible for not replacing the defective part. If you own a Nissan Sentra and have been injured in a vehicle crash that may have been caused by brake failure, you may have the right to seek compensation against the manufacturer.

A San Antonio driver was charged with intoxication assault on November 12, 2009, following an automobile accident that injured five people, including 3 children. The crash occurred on SE Military Drive, in San Antonio, when the driver of a van attempted to turn onto Curtis St. and failed to yield the right of way to an oncoming vehicle. It was reported at the scene that the driver of the van had a cooler and more than a dozen beer cans in the van. The three children injured were the children of the van operator.

Driving while intoxicated or under the influence of alcohol or drugs is a major factor in injury accidents in San Antonio and throughout Texas. Intoxication impairs a driver's ability to fully grasp and react to driving situations and can be the cause of serious, if not fatal, results. Under Texas law, the children of the driver, if he is proven to be at fault, are entitled to recover under the driver's insurance policy for injuries sustained and financial losses incurred. Likewise, the injured persons in the other vehicle are entitled to make a claim for their losses. However, depending on the amount of liability insurance carried by the alleged drunk driver, there may be limited funds available to be used for compensation for all injured individuals. It is important to make timely claims to be considered by the insurance company, before the potential funds are exhausted paying other claimants. This is also why it is important to carry uninsured/underinsured coverage on your own vehicle insurance - so in the event another driver causes a wreck and either has no insurance, or too little insurance, your coverage will provide additional protection.

In the event there is no available insurance, the only potential for recovery may be to investigate and determine whether the driver of the van purchased the cooler and beer from a local store, at a time when he was already obviously intoxicated - in other words, at a time when a store clerk should have realized that selling alcohol to an already intoxicated person would create danger.

San Antonio police believe that a 19 year old driver was intoxicated when she crashed while driving on the Wurzbach Parkway. A 19 year old passenger in the vehicle was ejected from the front passenger seat and was taken to the University Hospital where she is in stable condition.

The claim for injuries against the driver will be probably relatively easy as far as liability. However, it will be necessary to pursue all other avenues for relief as the injured minor is likely to have substantial medical bills and possible long term effects from her injuries.

One potential claim often pursued with success is a Dram Shop Case. In a Dram Shop Case a lawsuit is brought against the liquor establishment that oversold the drunk driver. In this case someone provided alcohol to a minor; therefore, it is very important that this be investigated and pursued. Bars, restaurants, ice houses, and liquor stores are all required to require purchaser to provide proof of age; furthermore, they are prohibited from serving someone if they are obviously intoxicated.

Providers of alcohol do have some defenses that can be asserted in a dram shop case and if their defense is successful the case against them is dismissed. This case because of the ages of the driver and her passenger warrants a thorough investigation as to the viability of a dram shop case against the provider of the alcohol.

On October 2, 2009 a San Antonio resident was killed in a head-on collision in Caldwell County Texas. The 31 year old San Antonio native was struck while traveling in her lane. The accident occurred at 6:30 a.m. and it was not reported whether alcohol played any role in the accident. The driver of the vehicle that crossed into her lane was driving a Nissan Pathfinder.

One issue that should be investigated is whether the Nissan Pathfinder was equipped with oversized tires or had its suspension modified in any way that would make the vehicle less stable. Many SUVs are inherently unstable and prone to having drivers overcorrect when driving momentarily off the road and onto the shoulder. Therefore, any aftermarket modifications can make the vehicle very unstable and it may be possible to pursue a cause of action against the person or company that made the modifications.