SAE Wants Wrongful Death Trial Moved to Tompkins CountyAs a $25 million wrongful death lawsuit against Sigma Alpha Epsilon and several Cornell students progresses, new details have emerged about the events leading up to the death of George Desdunes ’13 last February. read more
SAE Wants Wrongful Death Trial Moved to IthacaAs a $25 million wrongful death lawsuit against Sigma Alpha Epsilon and several Cornell students progresses, new details have emerged about the events leading up to the death of George Desdunes ’13 last February. read more
Joe Jackson's Wrongful Death/Michael Jackson Lawsuit Tossed Out of CourtJoe Jackson screwed up by filing a Michael Jackson wrongful death lawsuit against AEG and Dr. Conrad Murray ... a judge has just ruled.Joe filed his wrongful death lawsuit AFTER Katherine Jackson filed hers -- on her own behalf and on behalf of the…
Wrongful death suit to begin TuesdayJury selection is set for Tuesday in a wrongful death suit involving the drowning of a 3-year-old girl in a septic tank in Argyle.
Promoter wins Jackson death lawsuitA US judge granted a motion to dismiss concert promoter AEG Live from a wrongful-death lawsuit filed by Michael Jackson's father. Related Stories New Zealanders remember Christchurch earthquake US president Barack Obama sings the blues Afghan protest over Koran burning at US base US stepping up diplomacy on Syria Afghan protest over Koran burning
Amparo Ortiz Killed, Timothy Eubanks and One Other Injured in Wrong-Way Accident in Sherman, Texas
According to KTEN, a woman was killed and two other people were
critically injured in a wrong-way accident in Sherman, Texas. The
accident occurred around 4 a.m. Friday, December 2 when Sherman police
believe Jerrod Eubanks entered Highway 75 the wrong way. He was driving
northbound in the southbound lanes when he struck another vehicle
head-on. 57-year-old Amparo Ortiz was killed in the accident. A
passenger in each vehicle was critically injured. Police suspect alcohol
to be a factor in the accident.
Commentary Some of
the news feeds have mentioned the wrong-way driver is a repeat DUI
offender. While that may be common knowledge, until the police reports
are returned with the man's BAC, the alcohol link is only speculation at
this point. Certainly however, driving the wrong-way on a major highway
carries other possible remedies as well. The most obvious
remedy available is a wrongful death claim. To have standing in such a
claim, a few key areas must be addressed and satisfied. First, a party
must be identified as liable. Next and probably most importantly, the
liable party's actions prior to the accident must be ruled negligent.
This is a standard which compares those actions to a reasonableness
test. Driving the wrong-way on a road could certainly fail this standard
as it is probably well below what a normal person would expect.
Following this determination, a claim must be filed by survivors of the
victim, who are eligible in Texas to file on their behalf. In certain
situations this can complicate the process, depending on what relatives
the victim has. Lastly, in addition to being legally eligible to be
party to a claim, survivors must be able to show a tangible economic
loss from the accident. Typically without any one of these elements,
there can be no wrongful death claim. It should also be noted
that if the reports do come back of an intoxicated driver, there may be
other remedies available. These additional remedies require a detailed
investigation, as the origin of the imbibing must be traced.
We appreciate your feedback and welcome anyone to comment on our blog entries, however all visitor blog comments must be approved by the site moderator prior to showing live on the site. By submitting a blog comment you acknowledge that your post may appear live on the site for any visitors to see, pending moderator approval. The operators of this site are not responsible for the accuracy or content of the comments made by site visitors. By submitting a comment, blog post, or email to this site you acknowledge that you may receive a response with regard to your questions or concerns.
If you contact Grossman Law Offices using this online form, your message will not create an attorney-client relationship and will not necessarily be treated as privileged or confidential! You should not send sensitive or confidential information via the Internet. Since the Internet is not necessarily a secure environment, it is not possible to ensure that your message sent via the Internet might be kept secure and confidential.
