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WORK INJURIES IN TEXAS

In Texas, work injuries fall under one of two different categories: (1) the employer is a subscriber to worker’s compensation; or (2) the employer is a non-subscriber to worker’s compensation. This distinction is important as to what remedies the injured employee has under the law in Texas. If the employer has worker’s compensation insurance, then that is the exclusive remedy for the injured employee (unless the injury results in death and there is gross negligence on the part of the employer). In other cases when an employee is injured and the employer has worker’s compensation, the remedy is to go through worker’s compensation insurance.

If the employer did not have worker’s compensation insurance, then they are what is known as a non-subscriber, and the case proceeds in a similar manner to any other claim of negligence. This is an important distinction because the employee can seek damages like:

Past medical expenses; Future medical expenses; Pain and suffering in the past; Pain and suffering in the future; Mental anguish in the past; Mental anguish in the future; Physical impairment in the past; Physical impairment in the future; Physical disfigurement in the past; Physical disfigurement in the future; Lost wages in the past; Loss of future wage-earning capacity; Pre-judgment interest; Post-judgment interest; and Exemplary damages.

If you have been injured at work, it is important to get assistance from an attorney to help navigate these issues. Please feel free to contact Scutt Law, PLLC for a free case consultation.

Cell Phones = Drunk Driving: Houston Among Cities Leading Texas in Number of Distracted Drivers

A recent study from Zendrive has revealed that from among 19 major metropolitan areas, Houston ranks near top for distracted drivers–with drivers being on their phones while driving at 9.44% of the time. The sight has become too familiar: glancing over while keeping a proper lookout while driving in your vehicle to see a driver next to you fully engrossed with their mobile phone / cell phone: texting, surfing the net, picking the latest song on their music service, among other things.

The Texas Department of Transportation has revealed that there were 95,000 accidents caused by distracted driving in 2018. Texas has enacted House Bill 62 making texting and driving illegal in Texas.

Under Texas law, this behavior could be categorized as negligence and even rise to the level of gross negligence: The two elements of gross negligence are: 1) viewed objectively from the standpoint of the actor, the act or omission must involve an extreme degree of risk, considering the probability and magnitude of the potential harm to others; and 2) the actor must have actual, subjective awareness of the risk involved, but nevertheless proceed in conscious indifference to the rights, safety, or welfare of others. Lee Lewis Constr., Inc. v. Harrison, 70 S.W.3d 778, 785 (Tex. 2001) (citing Transp. Ins. Co. v. Moriel, 879 S.W.2d 10, 23 (Tex. 1994)); see Tex. Civ. Prac. & Rem. Code § 41.001(11).

At present, most people have likely seen a billboard or commercial detailing the dangers of texting and driving. So, if the bad actor texts and drives, knowing that they could injure someone, and then does in fact injure someone, then they could be liable for gross negligence. Gross negligence can also open the defendant up to exemplary (punitive) damages in Texas. TX CPRC Chapter 41.

If you have been injured due to a distracted driver, then contact Scutt Law, PLLC for a free case consultation.

Our thoughts and prayers are with everyone impacted by Hurricane Harvey

Having recently relocated to San Antonio from the Coastal Bend, words cannot adequately express what we are feeling here at Scutt Law, PLLC in regards to the damage and devastation caused by Hurricane Harvey. Our thoughts and prayers are with all of those impacted. Although they have a long road ahead, we know that the Coastal Bend and Houston areas will rise up again and will continue to be as wonderful, if not more wonderful, than they were before Harvey hit.

Many people from all across the United States and even from other countries have asked us here at Scutt Law, PLLC how they can help. Scutt Law, PLLC has chosen to donate to HEB. HEB is a local Texas grocery chain that has also been impacted by Harvey, but as usual has chosen to give back to the communities it serves. Every day we see images of HEB’s mobile kitchens serving warm meals to the first responders and to the victims. In addition, 100 percent of the donations to HEB will be given to places like the American Red Cross, The Cajun Navy, The Salvation Army and The Texas Food Bank. HEB is a hometown hero and we wouldn’t think twice about donating to them!

If you choose to donate to HEB you can cut and paste this link:

https://www.heb.com/donations/harvey

Otherwise, if you do decide to donate items or money, please make sure you are donating to a reputable organization! Thank you and stay safe Texas!

West Houston is Growing–and Growth Fuels Traffic Congestion

Many people are looking for that illusive work-life balance. One factor is the convenience of living close to work. However, traffic and congestion can make time and distance become totally unrelated.

Traffic congestion in major cities has a tendency to do this–and this traffic and congestion can sprawl out to the near urban and suburban areas. According to the 2014-2015 census, Houston is second only to New York city in ranking for the fastest growing cities in the United States. With that growth, the West Side of Houston has felt the strain.

The convenience of the Westchase Area in Houston has attracted thousands of newcomers to the area. From the Sam Houston Tollway on the west side, key major roads like Westheimer are thoroughfairs to access key attractions like the Galleria.

According to Houston Public Media, “over 90,000 people work in the Energy Corridor near Interstate-10 and State Highway 6 […] and thousands more live and work in the surrounding areas.” With the increased congestion in the area, drivers need to stay aware to avoid other drivers that may be distracted by cell phones or not playing by the rules of the road.

The importance of a properly drafted document: Drafting error jeopardizes Obamacare in DC federal court

It is essential to make sure that your documents are properly drafted, which includes the requirement that they be appropriately narrow or broad enough to achieve the goals of the drafter.

To see an example of just how important this is, follow the link below to see how a drafting error contained in Obamacare threatens to jeopardize the entire bill:

http://www.msnbc.com/msnbc/obamacare-drafting-error-federal-subsidies-dc-circuit-court

 

 

Remote texter can be held liable for distracted driver’s crash, appeals court rules

File this away in the “good to know” section of your brain…a New Jersey Appeals Court recently held that, “…a person sending text messages has a duty not to text someone who is driving if the texter knows, or has special reason to know, the recipient will view the text while driving…” Will this signal a trend in court opinions? Something to think about….for more information view the article here:

http://www.abajournal.com/news/article/remote_texter_can_be_held_liable_for_distracted_drivers_crash/?utm_source=maestro&utm_medium=email&utm_campaign=weekly_email&sc_cid=130828AT

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