Distracted driving is always a serious problem and occurs anytime a driver’s attention is taken away from the act of driving. Our attorneys at Springer & Lyle are committed to helping those who may have been injured in one of the nearly 110,000 crashes that occur annually in Texas due to distracted driving. The National Highway Traffic Safety Administration (NHTSA) identifies three categories of distracted driving: Visual. Taking your eyes off the road.Manual. Taking your hands off the steering wheel.Cognitive. Taking your mind off your driving. Using a cell phone for … [Read more...]
Identifying the Parties at Fault in a Truck Accident Case
Learning how an accident occurred and who caused the wreck is the first step in deciding who to include in a personal injury lawsuit. This is a complicated process that requires an experienced attorney where a truck accident is concerned. The companies and firms involved in the transport of goods via 18-wheeler can be numerous, and often, more than one party may have been negligent in causing or contributing to an 18-wheeler accident. Potentially liable parties can include: Truck Drivers: We have handled cases in which drivers have operated 18 wheeler trucks for long hours and were … [Read more...]
Contrasting the Perverse Incentive of Family Law and Collaborative Divorce
The Conflict Incentive There is a dirty secret in some family law cases, one that clients only learn about long after they’ve retained counsel, and sometimes only after they look back at the pain, stress, and expense of their divorce. The secret is that some family lawyers have a perverse incentive. Attorneys bill clients by the hour to solve their problems. That means they get paid more if the clients have more problems. Quite simply, lawyers have an economic incentive to create conflict to bill the file. Sure they have a lawyers’ creed that says they will be reasonable and advocate … [Read more...]
Contrasting the Perverse Incentive of Family Law and Collaborative Divorce
The Conflict Incentive There is a dirty secret in some family law cases, one that clients only learn about long after they’ve retained counsel, and sometimes only after they look back at the pain, stress, and expense of their divorce. The secret is that some family lawyers have a perverse incentive. Attorneys bill clients by the hour to solve their problems. That means they get paid more if the clients have more problems. Quite simply, lawyers have an economic incentive to create conflict to bill the file. Sure they have a lawyers’ creed that says they will be reasonable and advocate … [Read more...]
What’s Title Insurance and Why Are We Required to Have It?
Title insurance operates to protect a person's loss of their interest in real estate because of defects in the title. So what is a defect in a title? It is a problem with title to your property that could be caused by a lien, mortgage or judgment. It can also be an adverse claim of record like a boundary line dispute or adverse possession. These defects could prevent you from buyer, selling or refinancing your property. Whatever the circumstances of a real property transaction, you want an experienced real estate attorney from Springer & Lyle to protect your interests in the deal. When … [Read more...]
Transvaginal Mesh Litigation
Transvaginal mesh has become a nightmare for thousands of women who have suffered severe adverse effects involving erosion and migration of the mesh along with perforation of organs from it. Surgical mesh was designed over 60 years ago for repairing hernias. It's a woven material made of synthetic or biological materials that usually comes in a prepackaged kit along with tools to aid in the surgical procedure. Because mesh was widely successful in the treatment of hernias, surgeons began using it in other parts of the body that needed support. About 20 years later they began inserting it … [Read more...]
What To Do If You Are Hit By a Drunk Driver
Each time you get on the road, you take care to follow the traffic rules and regulations. Unfortunately, there are others who do not abide by the same rules as you, so there is always a risk of being involved in a car accident.All too often there are people who endanger all of those who cross their path by drinking and driving. When a drunk driver makes the decision to get behind the wheel of their car, they are putting themselves and the lives of all those they come in contact with at risk. According to the Centers for Disease Control and Prevention, drunk driving kills one person every 48 … [Read more...]
Texas Supreme Court Ends Bad Faith Claims for Workers
Texas Workers Compensation claimants took a big hit Friday when the Texas Supreme Court handed down a 5-4 decision in Texas Mutual Insurance Co. v. Timothy J. Ruttiger. The Court held that Workers Comp claimants cannot seek damages for bad faith denials of claims outside the administrative Workers Comp regulatory framework. Justice Willett's concurring opinion writes: "The continued existence of bad-faith claims will subvert the Legislature's meticulous soup-to-nuts system, one augmented by an immense regulatory and adjudicatory framework that, taken together, now regulates virtually … [Read more...]
Victory for Big Pharma: Texas Adopts “Learned Intermediary” Rule
Big Pharma had a major victory on June 8th, when the Texas Supreme Court handed down its ruling in Centocor, Inc. v. Hamilton. The Court held that "When a drug manufacturer properly warns a prescribing physician of the dangerous propensities of its product, the manufacturer is excused from warning each patient who receives the drug. The doctor stands as a learned intermediary between the manufacturer and the ultimate consumer." Further, "A prescription drug manufacturer fulfills its duty to warn end users of its product's risks by providing adequate warnings to the intermediaries who … [Read more...]
Deion and Pilar Sanders’ Divorce Illustrates the High Price of Animosity and the Great Deal we get through Settlement
Several sources have reported that Deion Sanders has been ordered to pay over $10,500 in child support and $3,500 mortgage payments. The shocking part is that he’s been ordered to pay over a quarter million in attorney fees incurred just since April 30, 2012. In three weeks of attorney fees these parties blew what most of my clients will not earn in a year. There has, perhaps, never been a clearer example of the high price of contempt and animosity in a family law case. If you do the math, Deion could pay support for his children for 18 months at the rate his wife’s attorneys are charging … [Read more...]