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.” https://www.faa.gov/air_traffic/by_the_numbers/ 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