Premise Liability: Swimming Pool Accidents, Dog Bites, Amusement Park Accidents, Slip And Falls, Trip And Falls

November 22, 2019
Premises liability can stem from a range of incidents. It can be a restaurant or gas station. You can be injured from swimming pool accidents and drowning to dog bites, from amusement park facility and ride injuries to slip and falls and trip and falls at a business or residence. If you were injured by the negligence of a business or individual, seek counsel. Under Texas law, an owner or occupier of land has a duty to keep the premises under his or her control in a safe condition, thereby holding Texas landowners and business owners responsible for injuries and damages that occur to others while on their property.   Basically, anyone who owns the property, commercial or residential, and allows someone else to enter it owes that person level of a duty of care not to injure them. There are three different classifications of visitors on the premises.   Invitees Licensees Trespassers  These types of cases require certain questions to be answered: What circumstances brought the injured party onto the property; Was the accident foreseeable; What steps did the owner take to warn visitors of the danger; Was the danger known? If you or a loved one was injured as a result of a landowner or business owner’s negligence, call Caquias Law Group, PLLC.  If your claim meets the criteria to hold the landowner or business owner responsible, you may have a case.  Our legal team will fight for your rights and will work diligently to get you the compensation you deserve. Call today for your free consultation. Read more

Motorcycle Crash: I Got Hit While On My Bike

November 15, 2019
Motorcycle accidents occur every single day on the roadways of Texas result in devastating injuries and even death.  In an instant, your life can change because of another person’s negligence. According to the Texas Department of Transportation, Motorcyclist deaths occur 27 times more frequently than fatalities in other motor vehicles.  While it’s the job of motorcyclists to be alert and visible, it is the job of all motorists to be aware of their surroundings and watch for motorcyclists. Everyone must take part in ensuring safety for motorcycles out on the road by driving defensively and by staying alert.   CAUSES OF MOTORCYCLE ACCIDENTS More often than not, it is the negligence of another driver that leads to a motorcycle accident. Although motorcyclists can be responsible for accidents and are sometimes involved in single-vehicle accidents.  The most common causes of motorcycle accidents include: Not seeing a motorcyclist; Not properly reacting to a motorcycle; Cutting off a motorcycle; Failing to yield; Speeding; Failing to leave enough space between vehicles and a motorcycle; Distracted driving or not paying attention to other motorists; and Driving under the influence. GET MOTORCYCLE CRASH HELP FAST Because motorcycle accidents often require more investigative actions than a four wheel vehicle accident, it is imperative that you contact an attorney as soon as possible after a crash so that he or she can begin collecting evidence and information to support your claim for compensation. The investigation process will consist of the following: Gather evidence to provide insight into the events that led to the accident and determine who was responsible. This could be in the form of police reports, surveillance video from traffic cameras, photographs of the accident scene or accident reports from insurance investigators. Any piece of evidence we are able to collect will provide us with a better understanding of the accident that could be used in your favor. Interview witnesses who were present during the accident to provide a first-hand account of the events. These testimonies could be beneficial when building your case which may have to go to court, if necessary. Review your medical records from after the accident to prove your injury was the direct result of the accident. Consult with professionals who can recreate that collision and review your injuries. Accident reconstructions can provide a model of what happened during the accident, which can be important to prove the at-fault party’s negligence. Healthcare practitioners can provide a medical perspective on your injuries from the accident. Personally handle all insurance matters on your behalf. We will either negotiate and fight for your right to receive the compensation you deserve after the accident so that you can focus on recovering. SHARING THE ROAD WITH MOTORCYCLES 101 The Department of Transportation’s Share the Road campaign encourages safe riding practices and cooperation from vehicle drivers of all types. The tips can help reduce motorcycle injuries and fatalities: Always check your blind spots; Stay in your lane. Weaving back and forth between traffic increases your chances of being involved in an accident; Take extra caution when pulling out before motorcyclists. Motorcycles may be closer than they appear – because […] Read more

Drunk Driving Accident/Texas Dram Shop Law/Social Host Accidents

November 13, 2019
Are you suffering from the loss of a loved one and/or did you or a family member get hurt by a drunk driver?  These situations can and should have been avoided, however, the fact remains that they do occur, and it is extremely important that you talk to a qualified attorney to immediately discuss the possibility of pursuing a  personal injury lawsuit or Texas Dram Shop case.  WHAT IS THE TEXAS DRAM SHOP LAW? Dram shop is a legal term in the United States referring to a bar, tavern or the like where alcoholic beverages are sold. Traditionally, it referred to a shop where spirits were sold by the dram, a small unit of liquid.  Dram shop liability laws hold alcohol servers responsible for harm that intoxicated of age patrons or underage patrons caused to other people (or, in some cases, to themselves). The statutory duty not to sell or deliver alcoholic beverages to intoxicated persons applies to and is intended to protect, among others, the intoxicated patron. In Texas, Dram Shop Laws exist to protect the rights of Texans to live a safe and healthy life. The laws may protect you and your loved one’s ability to recover when harmed. Typically, a dram shop statute is only applied when it is proven that an establishment continued to serve alcohol when they knew that a person was visibly or obviously intoxicated.  Talk to your legal counsel if you believe that you may have a Dram Shop case.  LEGAL ALCOHOL LIMITS IN TEXAS Liability of the Drinking Establishment The legal blood alcohol content (“BAC”) limit in Texas is .08%. A person exceeding this limit statistically has a much higher chance of causing an accident. At the same time, alcohol-fueled accidents tend to be more serious than those which don’t involve alcohol. Alcohol depresses the central nervous system which in turn slows down a person’s reflexes, making it harder to react and avoid an accident. What’s the alcohol limit in a bar? The limit is “obvious intoxication.” Many signs of intoxication are clear and obvious. Things such as slurred speech, droopy or red eyes, cloudy judgment, lack of inhibitions, aggressiveness and poor balance all point to the fact that a person is obviously intoxicated. The number of drinks served to a customer can also be an indicator of whether or not the individual is obviously drunk. Drinking establishments are NOT ALLOWED to serve alcohol to anyone who is already obviously intoxicated. If a bar employee notices that they’ve over-served a patron, they may opt to call a cab for the drunken individual in order to ensure that no one is harmed in a DWI accident. However, being responsible from the get-go by not serving an individual past the point of obvious intoxication should always be their first course of action. SOCIAL HOST LIABILITY LAWS In addition to dram shop laws, Texas also has a social host liability law. This law allows injured parties to seek damages from hosts aged 21 and older who served alcohol to minors who then caused injuries to another person because of their intoxication, if under § 2.02 […] Read more

AVIATION and HELICOPTER Related Injuries

November 4, 2019
If you have lost a loved one or have suffered injuries, damages, or death as a result of an aircraft-related injury (ie. planes, helicopters, passengers of an airline), you may want to speak with a lawyer. “Every day, the FAA’s Air Traffic Organization (ATO) provides service to more than 44,000 flights and 2.7 million airline passengers across more than 29 million square miles of airspace.” Airplane and helicopter travel has become normal within the business community, as well as, the means of transportation for hundreds of thousands of people on a daily basis. The number of these aerospace travelers will only begin to increase as ride-sharing companies begin to use drones and other unmanned vehicles.  There are many different factors that can cause or contribute to the cause of an airline accident. Some of the most known factors at issue in aviation accidents include: Federal Aviation Administration (FAA) regulation violations; Defective Design and/or materials; In-flight Instrument or Avionics Failure; Negligent Maintenance or repair (faulty equipment); Pilot error; In-flight icing; Fueling errors; Problems in the design of the aircraft; Bird Strikes; Flight servicing employee negligence; Negligent behavior of a third party; FAA air traffic controller negligence; HELICOPTER ACCIDENTS Helicopters are widely used in a number of areas for travel including the military, private transportation, oil industry, news industry, air ambulance, offshore transportation, and tourist attractions. Many helicopter related accidents have revealed that helicopters can be very difficult to maneuver, especially for a novice pilot.  An added factor to difficult maneuvering is the fact that helicopters are non-fixed wing aircraft, making them able to land in various locations which are closer to on-ground dangers such as radio control towers, utility wires, mountains, or tall buildings. As a result of the powerful impact forces involved in a helicopter crash, the likelihood of those occupants sustaining severe and disabling injuries and fatalities is great. Due to the severity of helicopter crashes, there are obviously many different situations that can lead to a crash or flight complications.  Some of these factors include: Pilot error; Mechanical malfunction;  Electrical malfunction; Product design; Maintenance deficiencies; Poor helipad designs; Improper flight inspections; While there can be one or numerous reasons for airplane and helicopter crashes, the urgency to retain a competent attorney is of the utmost importance.  When retained, counsel will start an immediate investigation into the causation of the incident that includes but is not limited to: Retaining experts; Searching the NTSB database; Searching the FAA records; Investigating the pilot’s experience and qualifications; Obtaining information retrieved from the black box; Obtaining the daily weather report; Obtaining air traffic control records; Locating witnesses and obtaining statements; Obtaining the airplane or helicopter maintenance records; etc. These events are highly complex cases and require an in-depth knowledge of aviation law. The Caquias Law Group, PLLC obtains the services of aviation experts from throughout the country to prove difficult personal injury cases on behalf of our clients. The Caquias Law Group, PLLC has the human and financial resources and experience to use top aviation experts to obtain justice for victims of helicopter crashes, commercial airline crashes, or personal aircraft crashes. If […] Read more