• Experienced | Successful | Since 1971

Daily Archives :

Wednesday, March 13, 2019

Texas Dram Shop Lawsuit after Drunk Stripper Kills Cop
Texas Dram Shop Lawsuit after Drunk Stripper Kills Cop 150 150 CMZ Law Lufkin/Houston

Q: Is a bar or tavern owner liable for a drunk driving death caused by one who drank there then drove?

He died while on duty when his patrol car was struck “nearly head on by a drunken driver” who had just left her shift as a stripper. The hero police officer reportedly “took the hit for another citizen who was coming behind him.”  He is survived by his reported common-law wife and their young son, who have commenced a wrongful death lawsuit against the stripper and the strip club owners. She is also seeking death benefits from worker’s compensation.

Texas dram shop lawsuits are cases against bar and tavern owners seeking to hold them liable for car accidents caused by negligent and drunk drivers who drank at their establishments and then injured or killed someone after leaving. Under dram shop laws, the establishment shares in the liability for the injuries or death caused by the drunk driver they served. The stripper was convicted of “intoxication manslaughter of a peace officer” and was sentenced to 32 years in prison.

In a wrongful death lawsuit, the plaintiff has to prove a person’s death was caused by another person’s negligence and that surviving family members are suffering financially as a result of the victim’s death.

Wrongful death cases are complex and damages are determined on a case-by-case basis according to the decedent’s circumstances at the time of death. Compensatory damages may include the following:

  • loss of support
  • loss of services
  • loss of prospective inheritance
  • medical and funeral expenses
  • and even punitive damages in some cases.

In the case at hand, the police officer’s surviving common-law wife is reportedly facing a third legal battle to yet again prove her entitlement to receive death benefits from the police officers’ Worker’s Compensation fund after findings in her favor at an initial hearing and on appeal.

If you have questions regarding the tragic or unexpected loss of a loved one, whether through a drunk driving accident or another accident, the skilled attorneys at Chandler, Mathis, and Zivley can help you get the compensation to which you are entitled. While we can’t bring your loved one back, you shouldn’t have to suffer financial losses as well. Contact us today for a consultation.

From our offices in Lufkin and Houston, we’ve been serving Texans for over 40 years throughout the Lone Star State as well as those people injured while visiting Texas.

 

Bar Owner Liability: Dram Shop Law Basics in Texas
Bar Owner Liability: Dram Shop Law Basics in Texas 150 150 CMZ Law Lufkin/Houston

Liability in a drunk driving accident may go beyond the driver him or herself. Legal responsibility may extend to those who provided the driver with alcohol in some situations. This is important because some insurance companies will not pay for claims when their insured was driving under the influence of drugs or alcohol. In those situations, the driver may not be able to personally pay for all of your losses associated with the accident.

Texas, like all other states, will hold a bar or other drinking establishment legally responsible for a drunk driving accident if certain conditions are met. This type of liability is based on “dram shop” laws, and an attorney experienced in dram shop claims can be an invaluable resource after a drunk driving accident. Texas also goes one step further than many states and provides liability for those who served alcohol in social settings as well.

What is a Dram Shop Claim?

You can often bring a dram shop claim against a bar, tavern, restaurant, or another similar establishment that sells alcohol. In these claims, the establishment had a patron that they served alcohol, and that patron ended up getting drunk and was involved in an accident. The same applies to those who provided alcohol in a social setting as well.

The rule itself is relatively straightforward. Dram shop laws provide victims with a right to sue an establishment that serves alcohol when a few criteria are met:

  1. The patron was provided alcohol by the establishment;

  2. The patron caused the accident; and

  3. The patron was already dangerously or obviously drunk, but the bar or restaurant continued to serve the patron regardless.

Dram shop laws apply to any establishment that is licensed to sell alcohol in the state of Texas, including liquor stores.

First Party Dram Shop Cases

While most dram shop cases involve three parties—the establishment, the patron, and the other victim—there are cases when only two parties are involved. The intoxicated driver could sue the facility for overserving them if they were in an accident. Texas is one of just a few states that permits this type of claim. These cases are known as “first party” dram shop claims.

First-party dram shop claims can arise in any type of accident. However, they are most common in situations where the driver does not hit another vehicle or person, but an inanimate object. These objects may include things like telephone poles or trees.

Third Party Dram Shop Cases

In third-party dram shop cases, the injured person was not the cause of their injury (as they are in first-party cases). The injured third party is often in another vehicle, but that is not required. Even passengers can bring a third-party dram shop case when their driver was overserved. These cases are far more common and are often easier to prove.

Asserting Your Dram Shop Claim

Because dram shop claims are so unique, they are tricky to present to a judge or jury. They can also be challenging because of the involvement (or lack of involvement) of insurance companies. If you think you may have a dram shop claim, speak with a member of our team today. We can help walk you through your legal options.

The Devastating Wake of Truck and Train Accidents
The Devastating Wake of Truck and Train Accidents 150 150 CMZ Law Lufkin/Houston

Q: Who is responsible for injuries caused in a train or truck accident?

One in eight traffic fatalities in the United States involves big rigs. In 2015, there were 34,000 truck accidents in Texas alone. Not surprisingly, the occupants of passenger vehicles that crash with these behemoths often end up dead or survive with catastrophic injuries.

Because of this reality, trucking companies and truck drivers are subject to special state and federal safety rules including but not limited to regulations involving training, vehicle inspections, and restrictions on the number of hours drivers can drive each day. While there are many reasons truck accidents may be caused by the truck driver, distracted driving and driver fatigue are common ones.

The size and weight of semi-trucks are unmatched by nearly all moving vehicles they encounter in their travels – – except perhaps a train.

Train accidents also leave devastation in their wake for similar reasons. And they occur every two hours in the United States.

Recently, Amtrak reportedly had two separate train accidents– just hours apart on the same day – – one in Washington and the other in Texas. In the Texas accident a semi-truck reportedly failed to clear a train crossing and was struck by the train. In the Washington accident, a train allegedly on its inaugural run derailed, sending some cars plummeting onto the interstate below, reportedly killing at least three and injuring several others as 77 people were reportedly taken to the hospital—including passengers as well as motorists driving on the interstate below when the derailment happened. An investigation continues into the speed and working conditions of the new train and the conditions of the recently upgraded tracks.

A personal injury lawsuit may be commenced when a victim suffers serious injuries as a result of the negligent, willful, or reckless actions of another person or entity. Compensatory damages might include current and future medical expenses, current and future lost income, pain and suffering, property damage, and more.

If the victim dies as a result of their injuries, their closest surviving relatives may be entitled to damages through a wrongful death lawsuit. In addition to recovering the victim’s final medical and funeral expenses, compensatory damages may include loss of financial support, loss of consortium, loss of services, loss of prospective inheritance, and more depending on each case’s particular circumstances.

If you or a loved one has been injured, or a loved one has been killed, in any kind of accident as a result of the actions or inactions of someone else, the Law Firm of Chandler, Mathis & Zivley can help you obtain the maximum financial compensation to which you are entitled. Contact us today to schedule a consultation.

From our offices in Lufkin and Houston, we’ve been serving Texans and those injured while visiting Texas for over 40 years.

 

When Luck Ran Out: Catastrophe on the Tracks
When Luck Ran Out: Catastrophe on the Tracks 150 150 CMZ Law Lufkin/Houston

Q: Is it negligence if a track owner fails to attend to problems at a railroad crossing where multiple accidents have occurred and another vehicle gets stuck and struck there?

Texans know that size matters. At least in terms of personal injury accidents, it does.

Generally speaking, in cases of great disparity the larger, heavier vehicle offers better protection in a collision and its occupants may fare better in an accident. For example, in a pedestrian–car accident, the car always fares better. In a car-bus accident, the bus fares better. And in a train accident, the train usually wins out no matter what it hits.

This theory proved true in an accident between a freight train and a 20+ ton casino charter bus that became “stuck at a steep grade crossing on the tracks”. The violent impact of the train-bus collision sent the busload of gamblers a distance of over 200 feet, killing four people and endangering more than 40 others.

Fifteen of the passengers filed a $250 million dollar lawsuit against the bus company, the tour company that arranged the casino trip, the company that owned and maintained the tracks, and others for the wrongful death and personal injury of the victims.

To prevail in a personal injury or wrongful death action, plaintiffs must show not only that they suffered damages but must also prove that their damages were caused as a result of the negligent, reckless, or intentional actions or inactions of another person or entity.

Once liability is established, damages recoverable in a personal injury action may include current and future medical expenses, property damage, lost income, pain and suffering, and more. In a wrongful death claim, close relatives of the victim may be able to recover damages such as the victim’s final medical costs and funeral expenses, loss of income/support, and more depending upon the survivor’s relationship to the victim and the particular circumstances of the case.

Reportedly, “at least 17 accidents had occurred previously at the crossing, including at least two accidents within the last two years where large vehicles were stuck on the tracks while trying to cross.” Was the company that owned and maintained the tracks negligent in not giving this crossing “needed attention”? Was that company’s conductor negligent in failing to stop in time to avoid the collision?

A pedestrian or vehicle gets struck by a train every two hours in the United States and nearly 40% of all train accidents are caused by track defects.

Lawsuits Over Train Accidents Spur Safety Upgrades
Lawsuits Over Train Accidents Spur Safety Upgrades 150 150 CMZ Law Lufkin/Houston

Every two hours, a pedestrian or automobile in the United States is struck by a train. This is a shockingly high accident rate considering the fact that train accidents are often deadly. Unfortunately, efforts to make trains safer have basically stalled, with the companies involved claiming new safety technology is cost prohibitive. Lawsuits are one way those who have been injured in a train-related accident, or their loved ones, can push for safety upgrades while also seeking compensation for their injuries.

Houston Railroads Are Some Of The Worst

Houston has one of the most deadly railways in the country, yet efforts to make it safer seem to only come after someone has been injured or killed. Train speeds were only lowered in certain high-traffic areas after tragic accidents, and fencing that is needed to protect pedestrians all around the city is only being installed in areas where someone has died. How many people must be injured or killed before the whole system is made safer?

Holding Metro Responsible

In order to hold the Metropolitan Transit Authority’s feet to the fire, anyone who is injured in a train accident, and their loved ones, should consider filing a personal injury lawsuit. A lawsuit can help you get compensation for any injuries you have suffered. Metro, or whatever other railroad that is involved, could be forced to cover your medical expenses and reimburse you for lost wages. If you are the loved one of someone who died in a train accident, you may also be able to bring a wrongful death lawsuit on your deceased loved one’s behalf.

So It Never Happens Again

However, many people who have been injured in train accidents are not satisfied with a check — they want changes. A lawsuit can give you leverage to negotiate for safety improvements that can benefit everyone, and keep what happened to you and your family from happening again.

It is time the railroads start taking passenger, pedestrian, and driver safety seriously. Needed safety upgrades are well-known, they just aren’t being done. Lawsuits are often the best way to get action on upgrades that should have been done years ago.

Houston School Explosion Injures Pre-schoolers
Houston School Explosion Injures Pre-schoolers 150 150 CMZ Law Lufkin/Houston

Q: Who is responsible for damages in a school explosion?

The Sandy Hook Elementary School tragedy forced the nation to face the unsettling fact that our children are susceptible to unthinkable threats from the outside while attending school. Unfortunately, they are also susceptible to unthinkable, though less sinister, dangers from within.

Explosion injury is not something you expect to happen at school, especially to preschool age children. But that’s exactly what happened in a Houston school when a teacher’s science fire experiment went terribly awry.

The children were outside attentively watching their teacher execute a rainbow fire experiment– one which chemically changes the color of fire into various colors of the rainbow– when the experiment hit a snag. Reportedly, when the boric acid and methanol combination failed to initially ignite as expected, the teacher added additional methanol or a similar fluid, which caused an explosion, showering unprotected children nearby.

Fallout from the chemical explosion reportedly burned about a dozen preschool children half of whom were transported to the hospital in ambulances. Others may have been taken for medical treatment by their parents as well. The extent of any burn injuries or other injuries received in the likely traumatizing incident was not released.

While some explosions are not preventable, others could have been prevented. And the failure to do so may deem a person or organization to be directly or indirectly responsible for the explosion– and consequently liable for the resulting injuries.

Post-explosion investigations would determine liability for the accident by asking questions such as whether the actions or inactions by some person or organization were negligent or reckless, were they properly trained to conduct the experiment, was proper protocol followed and safety precautions (like protective gear) adhered to, and more.

In general, victims of explosion injuries often suffer not only burn injuries to their skin but also lung, hearing, limb, and brain damage. They may require extensive reconstruction surgery, skin-grafting, amputations, and extensive and costly rehabilitation. Their injuries may also impact their ability to ever work or to return to work. Compensatory damages may include actual and anticipated medical costs, lost income, pain and suffering, and more, depending on the circumstances of each particular case. Because insurance companies are in the business of settling claims as fast as–and for as little as–possible, it is never in a victim’s best interest to accept an insurance company’s settlement offer without first consulting with a skilled personal injury lawyer.

If, you or a loved one has suffered an injury in an explosion, the personal injury attorneys at Chandler, Mathis, and Zivley have extensive experience in explosion injury cases and can help you receive the highest compensation possible. From our offices in Houston and Lufkin, we have been representing Texans for over 40 years. Call us at 800-657-2230 for a free consultation.

Remedies for Fisherman in Texas Boating Accidents
Remedies for Fisherman in Texas Boating Accidents 150 150 CMZ Law Lufkin/Houston

Q: Who can be sued for injuries from a boating accident?

Texas offshore accident attorneys know that those who work offshore, like fisherman and other seamen, have inherently dangerous jobs. In fact, there are maritime accident laws and other laws, such as the Jones Act, that are specifically designed to protect such workers and to provide compensation from their employers in certain circumstances in the event they are injured on the job.

But even those who boat for recreation have the remedy of a personal injury lawsuit to obtain financial compensation for their physical and psychological damages if they are seriously injured as a result of the negligence or recklessness of somebody else while boating.

If a boating accident victim dies as a result of their injuries, which were caused by another’s negligence, their closest surviving relatives may be entitled to compensation through a wrongful death lawsuit if they are suffering financially as a result of that death. Who has standing to sue and for what specific damages differ on a case-by-case basis– so it’s important to find a skilled personal injury attorney as soon as possible after the accident.

Recently, a violent boat collision reportedly occurred on Lake Austin between two fishing boats that were out after dark, leaving death in its wake. To date, it is unclear if the men involved were commercial fisherman or recreational boaters.

Reportedly, on-shore witnesses called authorities to the scene where two male boaters were found. One suffered minor injuries but the other suffered serious personal injuries necessitating the amputation of his arm and leg.

Based on witness statements, authorities originally believed a third individual swam to shore and ran off so they reportedly ended their search prematurely believing everyone was accounted for. It turns out however that what is believed to be the third missing boater’s body was found in the lake three days later when the search was resumed.

Although the investigation continues, police stated “it appeared one boat was on the wrong side of the buoy and collided head-on with the other boat”.

If you or a loved one has been injured, or a loved one has been killed, in a boating accident or any other transportation accident, the attorneys at Chandler, Mathis & Zivley can help you recover the maximum compensation to which you may be entitled. Contact our office today for a free consultation.

From our offices in Houston and Lufkin, we’ve been fighting for accident victims and their families throughout Texas as well as those injured while visiting Texas for over 40 years.

Examining Charter Bus Safety
Examining Charter Bus Safety 150 150 CMZ Law Lufkin/Houston

What are the most common causes of charter bus accidents?

A tragic charter bus accident involving several Texas students has many parents questioning the safety of traveling cross country by charter bus.  The bus involved was carrying students from a Channelview, Texas school home after a trip to Walt Disney World. Forty students and six adults were aboard the bus when it crashed in Alabama.  The driver of the bus died while several students were injured. According to official reports, the bus left the roadway and traveled down an embankment. Investigations are ongoing and the tour bus company has expressed its condolences to the family of the deceased driver.

Causes of Charter Bus Accidents

Large buses are used to transport children and adults both near and far.  Charter buses are most commonly used when students or tour groups need to travel several hours from their home base.  Traditionally, buses are considered one of the safest forms of transportation. According to data compiled by the Federal Motor Carrier Safety Administration (FMCSA), bus and truck accidents comprise just 11 percent of all fatal crashes nationwide  In 2015, there were only 257 fatal bus crashes. Transit and school buses accounted for the majority of the fatal accidents.

For parents of students that may travel by charter bus or adults looking to ride on a charter bus themselves, these statistics may not be of much assurance after seeing images of the horrific recent charter bus accident in Alabama.  It becomes important to examine the causes of charter bus accidents so that safety can be further improved. Some of the most common causes of bus accidents include:

Driver fatigue: Bus drivers often work long shifts of up to ten hours. Driving a large vehicle for so many hours on end can lead to fatigue. Notably, the driver of the Texas charter bus was at the end of his shift when the accident occurred.Speeding: Bus drivers are often under time constraints as they are expected to get their passengers to their destination within a certain amount of time. The weight and size of a bus makes speeding supremely dangerous.Alcohol and drug use: Bus drivers who use drugs or alcohol create a serious threat to passengers and other road users. Any bus crash will likely require testing to determine whether the driver was under the influence.If you or a loved one has been injured in a bus accident, contact a licensed personal injury attorney right away for assistance.  You may be able to seek compensation for your medical expenses, lost wages, pain and suffering, and more.
Driver fatigue: Bus drivers often work long shifts of up to ten hours. Driving a large vehicle for so many hours on end can lead to fatigue. Notably, the driver of the Texas charter bus was at the end of his shift when the accident occurred.Speeding: Bus drivers are often under time constraints as they are expected to get their passengers to their destination within a certain amount of time. The weight and size of a bus makes speeding supremely dangerous.Alcohol and drug use: Bus drivers who use drugs or alcohol create a serious threat to passengers and other road users. Any bus crash will likely require testing to determine whether the driver was under the influence.If you or a loved one has been injured in a bus accident, contact a licensed personal injury attorney right away for assistance.  You may be able to seek compensation for your medical expenses, lost wages, pain and suffering, and more. 150 150 CMZ Law Lufkin/Houston

What are the most common causes of charter bus accidents?

A tragic charter bus accident involving several Texas students has many parents questioning the safety of traveling cross country by charter bus.  The bus involved was carrying students from a Channelview, Texas school home after a trip to Walt Disney World. Forty students and six adults were aboard the bus when it crashed in Alabama.

Magical Bus Trip Ends in Tragedy
Magical Bus Trip Ends in Tragedy 150 150 CMZ Law Lufkin/Houston

Q: Who is liable for injuries in a charter bus accident?

When a motor vehicle accident results in serious personal injuries, it is always tragic, but when a busload of teenagers is involved, it’s particularly devastating.

One minute 40 high school band members and six adults on a charter bus home were dreaming of the Disney trip they had left behind and the next minute they were reportedly flying through the air as the bus ran off the road and plunged 50 feet down a ravine. First responders reportedly had to rappel down and cut some of the victims from the mangled bus. Reportedly, the bus driver was killed and at least 37 of the passengers were hospitalized with “minor two very serious” injuries.

When someone is injured as a result of the negligent, reckless, or intentional actions or inactions of somebody else, the victims may be entitled to compensation through a personal injury lawsuit. Once liability is established, compensatory damages may include such things as past and future medical bills including bills for treatment, surgery or rehabilitation, past and future mental anguish of physical pain, physical impairment, physical disfigurement, disability, past and future loss of income and loss of earning capacity.

For those who die as a result of their injuries, their closest surviving relatives—generally a spouse, children, and parents– may be entitled to somewhat similar compensatory damages in a wrongful death lawsuit. Often, the victim’s final medical expenses and funeral costs are recoverable damages. In addition, different damages for losses the relatives suffer from the death of the victim—especially financial losses like lost income and benefits—may be recoverable. But each case is different and a wrongful death attorney can help family members identify which relatives have standing to sue and what type of compensation may be recoverable in their particular case.

In addition to authorities examining the wreckage, an investigation will seek other information regarding the condition of the now-deceased driver at the time of the crash. For example, did he fall asleep, was he impaired or distracted, did he suffer an emergency medical condition, was another vehicle somehow involved in the bus running off the roadway, were the road conditions dangerous, and more. Other important factors are whether there was a mechanical issue with the bus and/or whether the bus was properly inspected for safety in accordance with applicable regulations.

If you or a loved one has been injured, or a loved one has been killed as a result of the negligence of someone else, the skilled attorneys at Chandler, Mathis, and Zivley can help you maximize the compensation to which you may be entitled. Contact us today for a free consultation.

From our offices in Lufkin and Houston, we represent injured victims and their families throughout Texas as well as those injured while visiting Texas.

Practice Areas of Attorney Houston Tx Legal Practice Areas $27.8 Million Victories Liquid Natural Gas Storage Victories