Archive for March, 2010

On the Job Fall Causes Potential Traumatic Brain Injury

Sunday, March 14th, 2010

Texas construction sites are ripe for workplace accidents. This worker suffered a serious head injury after a fall.

Anyone working on a construction site in the US knows that each day they go to work is a day that they may be involved in an accident. Workplace accidents are quite common and workers may face a whole gamut of serious and even deadly injuries.

“In this case that we heard about, a construction worker suffered a head trauma after falling into an uncovered 20-foot shaft. Traumatic brain injury has the potential to be very debilitating and may cost this worker his job and ability to live a normal life in the future,” said Austin personal injury attorney Beverly Aylmer of The Lee Law Firm.

No one seems to know why the shaft was left uncovered, but it was supposed to house a concrete platform that stored mechanical equipment. Responding EMS and fire department personnel quickly arrived at the scene to find the worker still conscious, but seeming dazed and disoriented. He was immediately taken to the nearest medical facility for assessment of a traumatic brain injury and a serious leg injury.

“This accident raised more questions than provided answers. No one knew if the worker was issued safety equipment and if so, was he wearing it? They have not yet determined why the metal grate that was supposed to cover the hole was not in place and who removed it in the first place? Answers to those questions will assist an Austin personal injury lawyer in figuring out the issue of liability,” Aylmer outlined.

“In any instance where someone is involved in a workplace accident, liability and the presence of negligence are two critical issues that an Austin personal injury lawyer will need to assess. If a similar situation or other workplace accident has happened to you, don’t hesitate to contact an experienced and dedicated personal injury lawyer, someone with the skill to make sure justice is served,” added Beverly Aylmer of The Lee Law Firm in Austin, Texas.

To learn more, visit http://www.rwleelaw.com

On the Job Injury Resulted in Wrongful Death

Sunday, March 14th, 2010

On the job accidents may result in a wrongful death lawsuit. This case is a good example of that in action.

This case that we heard about took place at a rather well-known theme park and involved the death of a young man who was driving a monorail train. The 21-year-old was at work at the time of the accident and thus the employer would have a degree of liability in this wrongful death lawsuit.

Andy Wonber (name has been changed to protect the identity of the victim and his family) was a monorail train operator at a theme park/resort. He was on duty the day of the fatal accident and was killed when another monorail switched tracks and backed into him. While still alive when he was pulled out of the crushed monorail, he very shortly thereafter succumbed to his injuries.

In filing a wrongful death lawsuit, Andy’s family alleged that safety procedures which could have prevented the fatality weren’t in practice at the time. Evidently, the investigation of the incident indicated that the monorail system coordinator wasn’t at the center console when the wreck took place.

It also turned out that another employee, also on duty at the time of the accident, mistakenly activated a track switch, which caused the deadly collision. Occupational Safety and Health were called in and a fine was issued after other violations were discovered in the same location.

Based on the evidence in the investigation report, Andy’s family has a solid wrongful death case. There are obvious signs of negligence and recklessness at play in this incident. In instances like this, the courts would likely award damages for pain and suffering, medical expenses prior to Andy’s death, funeral expenses, and loss of companionship, etc. They may also consider punitive damages based on what else may have been in the accident investigation report.

If you have been in a similar situation, or have lost someone due to the negligence or carelessness of someone else, make a call to an Austin personal injury attorney. Have the details of your potential case discussed and assessed, find out what your rights are, and make sure the case is filed prior to the Statute of Limitations running out.

Wrongful death cases are never easy for the family, which is why it makes sense to hire a seasoned and compassionate Austin personal injury attorney, one who is familiar with fatal accidents and will go to bat for their client’s rights.

Beverly Aylmer writes for The Lee Law Firm. If you need an Austin personal injury lawyer, contact an Austin personal injury attorney from The Lee Law Firm. Visit RWLeelaw.com.

Providing Alcohol to Underage Minors Causes Wrongful Death

Thursday, March 4th, 2010

Underage drinking is a problem by itself. Those who knowingly give alcohol to underage drinkers may cause their death.

“This wrongful death lawsuit was quite disturbing for several reasons. It involved an underage teen leaving a drinking party where those who were supposedly supervising allowed and encouraged the girl to drink,” indicated Austin personal injury attorney Beverly Aylmer of The Lee Law Firm.

What happened in this case is that the young girl, 17-year-old Tammy May (names have been changed to protect the identity of the victim and the family), drowned in a swamp after she left a drinking party where liquor was being supplied illegally. Tammy’s mother filed a wrongful death suit.

The lawsuit named at least seven people who evidently had a hand in Tammy’s demise. According to accident reports of the incident, the young girl went to three underage drinking parties. “One of those bashes was on the grounds of an abandoned airport facility. Seven adults ranging in age from 20 and up, and including the mother of another young adult who supplied the alcohol, were named in the suit,” Aylmer outlined.

Tammy apparently wandered away from the last party she went to, the one at the airport facility, and wound up falling into a swamp and drowning. She was too drunk to realize what was happening to her. Sadly, her body was not found for two days. An autopsy revealed that her blood alcohol content (BAC) was .18 two days after her death. This means that her BAC was even higher prior to her death.

“To say that the seven people who supplied the alcohol to an underage teen are in a world of hurt would be a major understatement. What they did was not only illegal, it was immoral and unethical. In filing this wrongful death lawsuit, Tammy’s mother hopes her message will hit home with other teens in similar situations,” added Aylmer.

Anyone in circumstances like these needs to speak to a highly qualified and experienced Austin personal injury lawyer. Details are critical to serving justice and allowing the lawyer to do his or her job and make sure justice is served in a civil suit; a wrongful death suit. In this particular example, there were likely criminal charges laid as well, and the criminal charges would have proceeded first. That does not rule out filing a wrongful death suit – a civil suit – at a later date.

To learn more, visit http://www.rwleelaw.com.

Not Yielding the Right of Way Kills Three Children

Thursday, March 4th, 2010

If the driver who failed to yield the right of way in this case had paid attention to the sign, three children would not have been killed.

This is an accident that took the lives of three children and involved a van and a pickup truck. It was a two vehicle crash on Texas Highway 21 at Highway 290. The three children were all under the age of nine years old.

According to the initial police reports the van driver, Tracy Bow (names have been changed to protect the identity of the victims), was driving with a friend, Penny Gonla, and five children. Without any warning, the van was broadsided by a pickup truck, causing it to immediately flip. Responding EMS crews had the devastating duty of pronouncing three of the five children dead at the scene.

The van driver, her passenger and two other kids were seriously injured and taken immediately to the nearest local hospital. One of the children was listed in critical condition and Penny suffered a broken back and leg. The pickup truck driver and his passenger were not hurt in the collision.

The driver of the van and her passenger will definitely have a good chance at filing a personal injury lawsuit and a wrongful death suit as a result of this accident. No one is quite sure why the truck didn’t yield the right of way and the investigation will be ongoing until that is sorted out. It may have something to do with driver distraction, mechanical failure or the driver thinking he had the right of way and the van was in the wrong place at the wrong time.

No matter what the outcome of this incident is, if you have been in a similar situation, it is imperative that you immediately contact an Austin personal injury attorney and find out what your rights are. Make a note of all the details that you are able to remember and discuss your situation with your Austin personal injury attorney, who will make sure you receive the compensation you deserve based on the severity of the injuries involved in your case.

Beverly Aylmer writes for The Lee Law Firm. If you need an Austin personal injury lawyer, contact an Austin personal injury attorney from The Lee Law Firm. Visit RWLeelaw.com.

Located in Austin, Texas, The Lee Law Firm represents clients throughout Central Texas and the Rio Grande Valley, including the cities of Austin, Round Rock, Cedar Park, Georgetown, Temple, Waco, Bryan, Houston, Conroe, Baytown, Galveston, Beaumont, Port Arthur, San Antonio, Kerrville, New Braunfels, Seguin, San Marcos, San Angelo, Abilene, Laredo, Corpus Christi, McAllen and Harlingen, as well as Williamson County, Travis County and Hays County. Sitemap
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