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Youth sports are popular across Texas, offering children and teens physical exercise, teamwork skills, and personal development. The United States has approximately 25 million academic and another 20 million organized community-based youth sports programs. However, sports also carry inherent risks, and injuries—ranging from minor sprains to serious concussions—are common. Parents and guardians may wonder what legal options are available when their child is injured in organized athletics, particularly if they believe the injury could have been prevented. Understanding liability in youth sports, including negligence, liability waivers, and Texas law, is essential for parents seeking to protect their children’s rights.

The Concept of Assumption of Risk Under Texas Law

In sports injury cases, the assumption of risk plays a significant role. This legal doctrine asserts that participants in inherently risky activities, like contact sports, are aware of and accept some level of danger. This principle generally shields sports organizations from liability for injuries that arise from common, anticipated risks, such as a soccer player twisting an ankle during a game.

Texas courts recognize that children and their parents are often aware of the risks associated with sports but acknowledge that the assumption of risk doesn’t cover all circumstances. For example, while a baseball player may assume the risk of being hit by a ball, they do not assume the risks stemming from inadequate supervision or substandard safety measures. Assumption of risk is not an absolute defense in Texas youth sports injury cases, particularly when potential negligence from coaches, schools, or athletic organizations comes into play.

Potential Liability of Coaches, Schools, and Athletic Organizations

While sports involve inherent risks, coaches, schools, and athletic organizations owe a duty of care to young athletes to reasonably ensure their safety. This duty includes maintaining a safe environment, providing proper training, and adequately supervising athletes. In Texas, these entities can be held liable if their negligence results in injury, especially if they fail to meet established standards of care for youth sports.

Common examples of potential negligence include:

• Negligent Supervision: Coaches and supervisors must monitor athletes closely, particularly during high-risk activities. Failure to supervise can lead to accidents, especially in sports like gymnastics or football, where lack of guidance or delayed assistance can result in severe injuries.
• Failure to Maintain Safe Equipment or Facilities: Sports organizations are responsible for ensuring that equipment, like helmets and padding, is in good condition and safe for use. Facilities such as maintaining playing fields and ensuring practice areas are free from hazards must also be kept safe.
• Improper Training or Instruction: Coaches should be adequately trained to instruct young athletes and prevent injury. For instance, a coach who fails to teach proper tackling techniques in football or spotting in gymnastics could be liable if their lack of instruction leads to an injury.

Negligence by schools, coaches, or athletic organizations can make them liable for a child’s injuries if their failure to meet these standards directly caused or contributed to the harm.

Liability Waivers and Parental Consent Forms

Most youth sports programs require parents to sign liability waivers or consent forms, which are intended to protect organizations from lawsuits. These waivers outline the risks involved and attempt to release the sports organization from liability if a child is injured. In Texas, waivers can be legally binding but aren’t always ironclad.

Under Texas law, a waiver’s enforceability depends on several factors, including its wording and whether it clearly states the risks involved. However, there are significant exceptions. For instance, waivers cannot protect an organization from liability in gross negligence or willful misconduct cases. If a coach or organization’s actions demonstrate a complete disregard for safety or a conscious disregard of an extreme risk, a waiver is unlikely to shield them from liability. These circumstances can give parents the right to challenge the waiver and file a claim for their child’s injuries.

Filing a Claim for Negligence or Gross Negligence

Parents may consider filing a legal claim to recover damages if a child’s sports-related injury was caused by negligence or gross negligence. Negligence refers to the failure to exercise a reasonable standard of care, such as failing to supervise children properly or neglecting to provide safe equipment. Gross negligence, on the other hand, involves a more extreme departure from safe practices.

Understanding Gross Negligence in Youth Sports

Texas law, as outlined in Texas Civil Practice & Remedies Code § 41.001, defines gross negligence as an act or omission involving an extreme degree of risk and a conscious indifference to that risk. In youth sports, gross negligence might include scenarios where a coach forces an athlete to continue playing despite a known injury or an athletic organization knowingly provides faulty equipment.

If parents can demonstrate gross negligence, they may be eligible to pursue exemplary damages, also known as punitive damages, which aim to punish particularly reckless behavior. However, proving gross negligence requires substantial evidence, as it demonstrates that the responsible party blatantly disregards the child’s safety.

Key Evidence Needed in a Sports-Related Injury Claim

To succeed in a claim for a youth sports injury, gathering the right evidence is essential. The following types of evidence can help substantiate the claim:

• Medical Records: These provide documentation of the injury, treatment, and any long-term effects, which can be used to show the extent of harm and related expenses.
• Eyewitness Testimonies: Statements from coaches, other parents, or athletes who witnessed the incident can provide insight into the circumstances leading to the injury.
• Video Footage: In some cases, video footage of practices, games, or accidents can provide critical evidence of unsafe conditions or coaching negligence.
• Documented Complaints or Incident Reports: Previous complaints about unsafe equipment or prior incidents can strengthen a case by showing that the organization was aware of potential risks but failed to address them.

Collecting and presenting this evidence can significantly strengthen a claim, help establish the facts of the case and support an injured child’s right to fair compensation.

Consult an Experienced Attorney at The Kahn Law Firm, P.C.

Youth athletics offer valuable experiences, but injuries are an unfortunate reality. Parents may have legal options to hold responsible parties accountable when a child is injured due to negligence. Understanding liability nuances, such as risk assumption, waiver enforceability, and the standards of care owed to young athletes, can empower parents to protect their children’s rights. While sports inherently involve risks, gross negligence, inadequate supervision, and failure to maintain safe conditions are unacceptable and may warrant legal action.

If your child has been injured in a youth sports incident, and you suspect negligence, reach out for help from a legal professional who understands the complexities of sports injury cases. At The Kahn Law Firm, P.C., we’re here to guide you through your options and help you seek justice.

Call us today at 713-999-6549 for a free consultation and to learn more about protecting your child’s rights.

Texans are known for their independent spirit and willingness to stand up to authority—a proud characteristic rooted in the state’s history. However, pursuing a claim against the government is no small feat. In Texas, filing a personal injury claim against a government entity can be challenging, and it differs significantly from typical personal injury claims. One primary obstacle is the principle of sovereign immunity, which traditionally protects government entities from lawsuits.

Although Texas law has created exceptions allowing limited claims against government entities, strict procedures and specific limitations apply. If you’ve been injured due to the actions of a government employee or on government-owned property, understanding Texas’ legal framework is essential for determining whether you have a valid claim.

Sovereign Immunity Under Texas Law

Sovereign immunity is a legal doctrine rooted in British common law that initially established the government’s protection from being sued without consent. This concept assumes that the government, as a sovereign power, cannot be held liable for damages like private individuals or entities. In Texas, sovereign immunity generally prevents lawsuits against government bodies and employees when performing official duties.

Sovereign immunity applies to various government agencies, from state-level departments to local municipalities. However, Texas law does allow for specific circumstances in which sovereign immunity is waived—that is, the government consents to be sued—allowing injured individuals to pursue compensation for personal injuries. Knowing the boundaries and conditions of these waivers is crucial, as they outline the limited scenarios where a personal injury claim may proceed.

Texas Tort Claims Act and Exceptions to Sovereign Immunity

The Texas Tort Claims Act (Texas Civil Practice & Remedies Code § 101.021) is the principal law outlining exceptions to sovereign immunity in Texas. Passed in 1969, this Act permits certain personal injury claims against government entities under specific conditions, providing a pathway for individuals to seek compensation when injured due to a government entity’s negligence.

Exceptions to Sovereign Immunity Under the Act

The Texas Tort Claims Act includes exceptions for certain types of negligence by government entities, allowing claims in cases where:

• Injuries resulting from the operation or use of a motor vehicle or motor-driven equipment: If a government employee, such as a city bus driver, causes an accident while performing their duties, an injured party can potentially sue the governmental entity.
• Injuries are due to unsafe conditions on government-owned property: Government entities may be liable if they fail to repair dangerous conditions on property they own, such as a hazardous condition in a government office building or public park, provided they had prior notice of the danger.

These limited waivers of immunity enable injured parties to pursue claims in specific situations, but pursuing these claims requires close adherence to procedures and limits set out by the Act.

Types of Governmental Entities Covered Under the Act

The Texas Tort Claims Act applies to many, but not all, governmental entities. It distinguishes between state and local government entities, such as departments like the Texas Department of Transportation and city or county governments.

Generally, state agencies, local municipalities, and their employees acting within the scope of their duties are covered under the Act’s provisions.

Entities Exempt from the Act

The Texas Tort Claims Act does not cover certain entities, including independent school districts (ISDs). Sovereign immunity for ISDs is handled under a different legal framework, which often limits or bars personal injury claims. Other entities or quasi-governmental organizations may also fall outside the Texas Tort Claims Act, so consult an attorney to confirm whether your claim falls within the Act’s protections or requires different legal considerations.

Filing a Personal Injury Claim Against a Government Entity

One of the critical challenges of filing a personal injury claim against a government entity is adhering to strict notice requirements and statutes of limitations. Failing to meet these requirements can lead to claim denial, even if your injury would otherwise be eligible for compensation.

Notice Requirements

Under Texas Civil Practice & Remedies Code § 101.101, anyone filing a claim against a government entity must provide notice of their injury within a short time frame, often as little as six months from the incident date. Some cities and counties have even shorter notice periods, sometimes requiring notice within 90 days.

To file a valid notice, the injured party must include:

• The damage or injury claimed,
• The time and place of the incident and
• The incident.

This notice allows the government entity to investigate the incident before a lawsuit is formally filed, and failure to submit it within the required time frame can lead to dismissal of the claim.

Statute of Limitations

Texas law also imposes a statute of limitations for personal injury claims against government entities, typically two years from the date of the incident. However, the notice requirements discussed above are crucial; missing the deadline to provide notice can bar you from filing a lawsuit even if the two-year statute of limitations has not expired. Working with an attorney familiar with government claims can be crucial in meeting these deadlines accurately.

Challenges and Limitations in Recovering Damages

Even if you successfully navigate the requirements to file a claim against a government entity, Texas law imposes statutory caps on damages for these claims. According to Texas Civil Practice & Remedies Code § 101.023, there are specific limits on the amount an injured person can recover:

• For claims against city and state governments: Damages are capped at $250,000 per individual and $500,000 per incident.
• For claims against other levels of government agencies: The cap is $100,000 per person and $300,000 per incident.

Additionally, Texas law restricts the types of damages recoverable in these cases. Unlike private personal injury cases, punitive damages—which aim to punish wrongdoing—are generally unavailable in claims against government entities.

Compensation is limited to actual damages, such as medical expenses, lost wages, and other measurable costs resulting from the injury. These limitations often make it essential to work with legal counsel to understand the realistic compensation you may pursue.

Schedule a Consultation at The Kahn Law Firm, P.C.

Filing a personal injury claim against a government entity in Texas involves navigating complex laws and strict procedural requirements, primarily due to the protections provided by sovereign immunity. The Texas Tort Claims Act provides limited waivers of immunity, allowing injured parties to file claims under specific conditions, such as accidents caused by government-operated vehicles or unsafe government premises. However, these claims are subject to strict filing requirements, statutory caps on damages, and limitations on the types of compensation available.

Careful preparation and understanding of the legal processes are crucial for pursuing such claims. If you or a loved one has been injured due to the actions of a government employee or on government-owned property, contacting an attorney with expertise in this area can provide valuable guidance. At The Kahn Law Firm, P.C., we help you understand your rights and guide you through the steps needed to seek compensation.

Call us today at 713-999-6549 for a free consultation to learn more.

Car accidents occur frequently across Texas, affecting drivers and passengers who may suffer injuries in these incidents. In the U.S., cars are deeply woven into the fabric of American identity, symbolizing freedom, independence, and mobility. Yet, with the extensive time Americans spend on the road, the risk of accidents rises, underscoring the need for legal protections.

While drivers’ liability is often discussed, passengers injured in car accidents also have rights to compensation, which can vary depending on the circumstances of the accident and the type of vehicle involved. Understanding these rights—and knowing who may be liable—is essential for any passenger injured in a car accident in Texas.

Duty of Care and Liability of Drivers for Passenger Injuries

Under Texas law, every driver has a “duty of care” to their passengers, meaning they must drive responsibly and avoid behaviors that could cause harm. If a driver breaches this duty by acting negligently—speeding, using their phone while driving, or failing to follow traffic rules—they may be held liable if a passenger is injured.

How Negligence Law Applies in Texas

Negligence, a central concept in personal injury cases, refers to a failure to act with the care a reasonable person would exercise under similar circumstances. For a passenger to successfully pursue a negligence claim, they generally must show the following:

• Duty of Care: The driver had a duty to operate their vehicle safely (which they automatically owe to passengers).
• Breach of Duty: The driver acted carelessly or recklessly, violating this duty.
• Causation: The breach directly caused the passenger’s injuries.
• Damages: The passenger suffered financial or physical harm, such as medical bills or lost income.

In Texas, the principle of proportionate responsibility, outlined in the Texas Civil Practice & Remedies Code § 33.001, affects liability when multiple parties are responsible for an accident. Under proportionate responsibility, each party’s liability corresponds to their percentage of fault. For example, an injured passenger could file claims against any at-fault driver in a multi-vehicle accident. Each driver would then be responsible for paying a portion of the passenger’s damages proportional to their degree of fault, simplifying the process for passengers to pursue claims against multiple parties.

Liability of Common Carriers

Common carriers, such as rideshares, taxis, and buses, operate under a heightened duty of care, recognizing that passengers entrust them with their safety. In Texas, this elevated standard requires carriers to be particularly vigilant to avoid harm to passengers. If a passenger is injured while using a rideshare service or similar transportation, even minor negligence by the driver or the company could make them liable for damages.

Insurance and Financial Responsibility Requirements

Texas mandates that commercial vehicles, including common carriers, carry specific levels of liability insurance to cover potential damages from accidents. For instance, Texas Transportation Code § 643.101 specifies minimum liability insurance requirements for commercial vehicles, including buses and taxis, to ensure adequate financial protection for passengers.

Additionally, rideshare companies must have liability insurance that varies depending on whether the driver is actively transporting a passenger or waiting for a fare. These insurance requirements help ensure that passengers can receive compensation for injuries sustained during accidents involving common carriers.

Liability of Public Transportation

Passengers injured on government-owned public transportation, such as city buses or trains, face a distinct set of legal rules.

Government entities in Texas, like cities and transportation providers, generally benefit from sovereign immunity, which limits their exposure to lawsuits. Specific circumstances allow passengers to file claims against these entities, such as when an accident arose from the negligent operation of a government-owned vehicle.

Texas Tort Claims Act and Sovereign Immunity Waivers

The Texas Tort Claims Act, specifically Texas Civil Practice & Remedies Code § 101.021, creates exceptions to sovereign immunity, enabling injured passengers to pursue claims if their injury was caused by a public employee’s negligent vehicle operation. For instance, if a city bus driver’s reckless or inattentive driving caused an accident, an injured passenger could bring a claim against the city’s transportation authority. However, claims against government entities can be complex and require a deeper understanding of the specific rules and timelines involved.

Filing Claims Against Government Entities

Injured passengers who plan to file a claim against a government-owned transportation entity should act quickly. Government claims often have shorter filing deadlines than standard personal injury claims—sometimes as short as 90 days after the incident. Additionally, passengers must adhere to specific procedural steps, such as filing a notice of claim, including details of the accident and the alleged negligence. Because failure to comply with these procedural requirements may result in a claim being dismissed, consulting an attorney with experience in governmental claims is advisable.

Steps to Take If You Are Injured as a Passenger

If you’re injured in a car accident as a passenger, taking the following steps can help ensure your rights are protected and improve your chances of receiving compensation:

• Seek Immediate Medical Care: Prioritize your health and safety by seeking medical attention promptly. Some injuries may not be immediately apparent, so a thorough examination is advisable.
• Report the Accident: If the driver hasn’t reported the accident, you may need to report it yourself to ensure an official record is available.
• Document the Scene: Gather as much evidence as possible, including taking photos, collecting contact information from witnesses, and noting accident details. This documentation can help support your claim.
• Contact an Attorney: Consulting a personal injury attorney can be critical, especially if multiple drivers or governmental entities are involved. An attorney can help you determine which parties may be responsible, navigate complex insurance and liability issues, and advocate for fair compensation.

An attorney can also clarify the steps to follow if you’re dealing with the unique deadlines and requirements involved in claims against public transportation providers.

Contact a Personal Injury Attorney at The Kahn Law Firm, P.C.

Passengers injured in car accidents in Texas have a variety of legal rights and options for seeking compensation. The path to recovery depends on multiple factors, including whether the at-fault party is a private driver, a rideshare service, or a public transportation entity. Texas laws, such as proportionate responsibility for multi-party accidents and the heightened duty of care for common carriers, allow passengers to hold negligent parties accountable. The Texas Tort Claims Act also provides opportunities to pursue claims against government-owned transportation providers, albeit with unique rules and restrictions.

Navigating these legal pathways can be complex for injured passengers, especially considering different deadlines and legal standards. Seeking guidance from a knowledgeable attorney helps clarify these processes and ensures you make informed decisions that protect your rights. By consulting legal professionals at The Kahn Law Firm, P.C., injured passengers can maximize their chances of receiving fair compensation for the accident’s physical, emotional, and financial impact.

Call The Kahn Law Firm, P.C. 713-999-6549 for a consultation about your case today.

Have You Been Injured in a Rear-End Collision?

When a person is injured in a traffic accident, determining who was responsible isn’t always easy. If a negligent driver injures you, for instance, in a rear-end accident in the greater Houston area, you must be represented and advised by a Brazoria County car accident lawyer.

The National Highway Traffic Safety Administration tells us that rear-end accidents account for approximately 29 percent of all traffic accidents in the U.S. These accidents also account for about 7.5 percent of all fatal accidents and about 30 percent of the crashes with serious injuries.

In rear-end accidents in Texas, is the driver of the rear vehicle automatically considered liable? Who will cover your medical costs and lost wages if you’re seriously injured in a rear-end crash? When will you need the advice and services of a Brazoria County car accident attorney?

Who is Held Liable for a Rear-End Collision?

In rear-end collisions in Texas, when a driver crashes into or rolls into a vehicle that is legally parked or legally stopped for a traffic signal or sign, that driver is almost always assigned liability.

The ability to brake safely is a fundamental driving skill. A motorist who causes a collision by failing to brake safely is almost always deemed negligent and considered liable. However, in a few rare rear-end collisions, the other driver may share the liability for the accident.

Should a motorist suddenly brake and stop in front of you, you need adequate space in order to brake safely. Of course, in fast-moving, dense traffic, if a motorist suddenly brakes or stops in front of you, a rear-end collision may be unavoidable.

How Do Some Rear-End Accidents Happen?

In a rear-end collision, the motorist in the front vehicle may be deemed partially liable if that vehicle’s brake lights or taillights weren’t working, if the driver turned without using a signal, or if the driver didn’t use blinkers before suddenly stopping.

Nevertheless, if you’re driving the rear vehicle in a rear-end collision, you may have difficulty proving that the motorist in front of you had any fault for the accident. But if you’re injured, a Brazoria County car accident lawyer can offer effective representation and sound legal advice.

Your lawyer will analyze the pertinent evidence – which may include medical records, eyewitness statements, photographs, and the written police accident report – to determine how the accident happened and which driver should be held accountable.

What Can an Injury Victim Recover?

If you’re injured in a rear-end collision because another driver was reckless or negligent, you have the right under Texas law to recover compensation for your pending and future medical bills, current and projected future lost wages, personal suffering and pain, and related damages.

Your Brazoria County car accident attorney will negotiate for a just and reasonable settlement, but if the other party denies liability or fails to make an acceptable settlement offer, your lawyer will take your claim to court and trial, if necessary, to recover the compensation you are entitled to by law.

If you are injured in a rear-end crash in Brazoria County or anywhere in the greater Houston area, don’t admit any fault, do not sign any insurance documents, and don’t even speak with the other motorist’s insurance company before you’ve consulted a personal injury attorney.

How Will Your Injury Claim Be Handled?

If you’re injured in a rear-end crash, the at-fault driver’s insurance company may offer you considerably less than the real value of your injury claim. Don’t accept that offer – or any settlement offer – before you’ve consulted your personal injury attorney.

After you are examined and treated for your injury, contacting a Brazoria County accident attorney should be the next step you take. Your accident attorney will negotiate for the settlement you need, and if necessary, fight for your compensation at trial.

When Should You Have a Medical Exam?

Sometimes, an injury suffered in a rear-end accident may be latent or hard to detect. If you’re not rushed to an emergency room or treated at the accident scene, you must have a medical examination immediately, and if possible, within twenty-four hours of the accident.

If you fail to undergo an immediate medical exam, it may be difficult to tie your injury directly to a specific accident, and you won’t establish the medical records that you’ll need to prevail with a personal injury claim.

A latent or hard-to-find injury may subsequently emerge as a serious condition, so an immediate medical exam protects you both legally and medically. Crash experts believe that a headrest may be the best protection against neck, head, and spinal cord injuries in rear-end collisions.

What Else Should You Know?

When defective vehicles or vehicle parts cause rear-end collisions in Texas, and neither motorist is at fault, your Texas accident attorney may recommend filing a product liability claim to recover compensation from the vehicle or part manufacturer.

Additionally, if you’ve been injured in a rear-end collision that happened because a highway or street was designed or maintained improperly, you may file a personal injury claim against the state or local government or government agency responsible for that roadway.

Is There a Deadline for Seeking Compensation?

With only rare exceptions, the deadline for taking legal action in personal injury cases in Texas is two years. If you’re filing a claim against a state or local government agency, you must additionally file a “notice of claim,” with your attorney’s help, within 180 days of the accident.

Don’t wait two years or even 180 days to speak with an attorney. Do it as soon as you’ve been treated for the injury. Your attorney should speak with any witnesses before their recollections fade and examine the evidence in the case while that evidence is still fresh.

Let the Kahn Law Firm Handle Your Rear-End Accident Claim

It costs nothing to learn more. If you’re injured in a rear-end crash in the Houston area, now or in the future, call the Kahn Law Firm as quickly as possible. The Kahn Law Firm legal team will provide a no-cost, no-obligation evaluation of your case.

Call our offices in Pearland at 713-999-6549 to schedule that first legal consultation. You’ll learn how the law applies to your own case, and you’ll receive sound, personalized advice. Attorneys John J. Kahn, Jr. and Jennifer Hodges Kahn have been practicing law in Texas since 2001.

The Kahn Law Firm has a “no fee unless we win” policy for injury cases which means that you’ll pay no attorneys fee unless and until we obtain your compensation for you. For more than two decades, we’ve been delivering the results that personal injury victims need.

If You Are Injured Working on a Texas Ranch or Farm, What is Your Recourse?

In or near the Houston area, if you are injured in an agricultural accident that wasn’t your fault, you may qualify for compensation to cover your medical expenses, lost wages, and more, but you must reach out immediately to a Brazoria County agricultural injury attorney.

Agriculture is an ancient and dangerous occupation. Hazardous chemicals, heavy machinery, and other factors constantly put farmers, ranchers, their employees, and their family members at risk for injuries and fatalities. Agriculture in Texas includes a great deal more than cattle ranching.

Texas also grows cotton, grains, fruits, nuts, vegetables, and timber. In fact, more farms and ranches are set in Texas than any other state, with 248,416 farms and ranches spread over 127 million acres, creating plenty of opportunities for agricultural accidents, injuries, and fatalities.

What is the Leading Cause of Farm and Ranch Accidents?

Learning how agricultural injuries happen is the first step to reducing the number of accidents and creating a safer agricultural environment. The most common cause of injuries and fatalities on Texas farms and ranches is improperly maintained or defective machinery and equipment.

Modern agriculture relies to a great extent on tractors, but despite the sturdy appearance, a tractor can easily roll over if it’s on uneven ground or operated improperly. Tractor rollovers and similar accidents involving heavy equipment can cause catastrophic and fatal injuries.

Even for experienced operators, tractors, harvesters, balers, and combines can be dangerous. When this equipment malfunctions or when it is used negligently or without proper training, serious injuries and fatalities can happen. Limbs can be entangled, and workers can be crushed.

What Are the Other Causes of Farm and Ranch Accidents?

Malfunctioning and defective vehicles and heavy equipment are the leading cause of agricultural accidents in this state, but injuries and deaths on Texas farms and ranches also have a variety of other causes, including but not limited to:

Livestock: Farm animals like bulls and horses can be unpredictable. From dangerous kicks to uncontrollable stampedes, the size, weight, and sometimes aggressive nature of farm animals may cause catastrophic injuries, and in too many cases, fatalities.

Exposure to hazardous chemicals: Modern agriculture frequently requires the use of fertilizers and pesticides that have been linked to serious health conditions including skin burns, respiratory issues, and reproductive health problems.

Grain silo incidents: Workers in grain silos can suffocate when they are trapped in shifting grain. Falls and malfunctioning equipment are also linked to the injuries and fatalities that happen in grain silos.

While agricultural accidents have a variety of causes, the final root cause of almost every serious agricultural accident is human negligence: a farmer’s or rancher’s negligence, a worker’s negligence, or the negligence of an equipment or vehicle manufacturer.

Ranch and Farm Accidents: How is Liability Determined?

For example, ranch and farm owners are negligent – and may be deemed liable for accidents, injuries, and fatalities – when they do not provide workers with adequate training or if they let untrained personnel undertake dangerous tasks.

When someone is injured in an accident that involves a vehicle or other heavy equipment, the manufacturer may be held liable for manufacturing and selling a defective product. However, if poor maintenance causes an equipment or vehicle failure, the owner may have liability.

Cutting corners and neglecting safety measures are never good ideas. Farm and ranch owners and managers may also be held liable when they do not instruct workers to wear protective safety gear, store hazardous materials safely, and adhere to standard safety protocols.

How Are Victims Compensated for Ranch and Farm-Related Injuries?

If you are employed on a ranch or farm in Texas, and you are injured in the course and scope of your employment duties, you may qualify for workers’ compensation benefits, but only if your employer carries workers’ compensation insurance.

If you are covered by workers’ comp, in most cases, you can’t sue an employer for a work-related injury or illness. However, private employers in this state are not required to have workers’ compensation insurance.

If you are not covered by workers’ comp, and if you believe that you have been injured on a ranch or farm because an employer or a vehicle or equipment manufacturer was negligent, schedule a consultation as quickly as possible with a Brazoria County personal injury lawyer.

When Should You Schedule a Legal Consultation?

In this state, the statute of limitations for filing a personal injury claim – that is, the deadline for taking legal action – is usually two years from the date of the injury, although the law allows for several narrow exceptions.

With the Kahn Law Firm, you will no have to pay any fees upfront and no fee until and unless we recover the compensation you’re entitled to under Texas law.

Of course, you should not wait two years to speak to an attorney. Memories fade over time, and evidence can be tampered with, lost, or contaminated. As soon as you have been examined and treated for your injury, schedule a consultation with a Brazoria County personal injury lawyer.

Where Should You Turn for Legal Help After an Agricultural Injury?

If you are injured in an agricultural accident anywhere in or near the greater Houston area, it doesn’t cost anything to learn more about your rights. Call the Kahn Law Firm immediately at 713-999-6549 to schedule a free case evaluation with no obligation.

Our legal team will explain how Texas law applies to your case, and we will provide the sound, personalized legal advice you’ll need. For more than two decades, attorneys Jennifer Kahn and John J. Kahn, Jr. have been prevailing on behalf of injury victims in the Houston area.

We have considerable experience resolving the most difficult personal injury cases. We settle some claims before filing a lawsuit, but if an acceptable settlement amount isn’t offered, the Kahn Law Firm will fight for your rights in court. We know how to win the compensation you need.

What Should You Know About Lane-Splitting?

If you’re injured in an accident with a negligent driver or a negligent motorcyclist in or near the Houston area, you must contact a Brazoria County motorcycle accident attorney as quickly as possible. 

Motorcycles account for fewer than two percent of the registered motor vehicles in Texas, but in 2021, motorcycles were involved in twelve percent of this state’s fatal traffic accidents. In 2023, there were more than 8,700 motorcycle accidents in Texas.

These accidents caused 599 deaths and more than 2,400 serious injuries. Many of these accidents involved lane-splitting, which is illegal in Texas. What is lane-splitting? Why is it so dangerous? And what are your options and rights if you are injured in an accident caused by lane-splitting?

How is Lane-Splitting Penalized in Texas?

Generally speaking, lane-splitting happens when a motorcyclist crosses painted lines on the road to proceed between and past slower-moving vehicles moving in the same direction. The precise definition of lane-splitting varies slightly from state to state.

Several states allow lane-splitting in particular situations, but not Texas. A $175 fine is the usual penalty for lane-splitting in this state. A Texas motorcyclist who causes a traffic accident by lane-splitting will be deemed either wholly or partially at-fault for the accident.

When a motorcycle accident is investigated, lane-splitting may or may not prompt charges of negligent or reckless driving. The main question is this: Was the car or truck driver speeding or driving recklessly, or was the lane-splitting motorcyclist the only party at-fault?

Why is Lane-Splitting So Dangerous?

Why is lane-splitting dangerous, and why is it illegal in this state? The dangers associated with lane-splitting include but are not limited to:

1. car and truck doors that open suddenly
2. drivers abruptly changing lanes without using their blinkers
3. drivers who make turns without realizing a motorcyclist is present
4. hands, arms, or objects unexpectedly coming from car and truck windows

How Does Comparative Negligence Apply in Lane-Splitting Accidents?

Texas is a “comparative negligence” state for auto insurance, which means that each driver in a traffic accident may be assigned a percentage of the fault. Let’s say that Motorist Y suddenly and recklessly changes lanes and collides with Motorcyclist Z, who was lane-splitting.

A car insurance company or a trial jury (should the case go to trial) may determine, for example, that Motorist Y is 70 percent liable for the accident due to recklessly changing lanes and that Motorcyclist Z is 30 percent liable for the accident because he or she was lane-splitting.

If Motorcyclist Z is injured with damages of $100,000, under comparative negligence in Texas, Motorcyclist Z’s damages would be reduced by 30 percent. The motorcyclist could still recover $70,000 (70 percent of his or her damages) for medical costs, lost wages, and related losses.

What Should You Do After a Motorcycle Accident?

If you sustain injuries in a collision that involves a motorcycle, whether you are a motorcyclist or a car or truck driver or passenger, seek medical assistance. That’s the priority. After you’ve been examined and treated, arrange to meet with a Brazoria County motorcycle accident lawyer.

If you’re not treated at the scene or taken to a hospital, have a medical exam at once – within the first 24 hours if possible. Without that exam, you may have difficulty linking your injury to the accident, and the other party’s insurance company may claim your injury occurred elsewhere.

How Will Your Attorney Handle Your Injury Case?

If you’re injured in a crash with a lane-splitting motorcyclist and you weren’t at fault, and if your Brazoria County motorcycle accident attorney can prove it, Texas law will be on your side.

Your attorney will examine witness statements, medical records, the police report, and any photos or video of the accident. Then, your attorney will try to negotiate a settlement of your personal injury claim.

Nevertheless, if no reasonable settlement offer is forthcoming in the pre-litigation negotiations, or if liability for the collision is in dispute, your lawyer will file your case in court and can take it to trial and tell the jurors why they should award your compensation.

What Damages Can Injury Victims Recover?

On the other hand, if you’re a motorcyclist who is injured by a car or truck driver’s negligence, even if you were lane-splitting, you can also be compensated for a percentage of your damages. The damages that injured victims of negligence are entitled to recover include compensation for:

1.  current and projected future medical care and treatment
2.  lost wages and projected future lost earnings
3.  personal suffering and pain
4.  additional accident-related damages and losses

When Should You Contact an Attorney?

You have two years from the date you were injured to take legal action with a personal injury claim after a motorcycle accident in Texas, with very few exceptions. It’s best to speak with an attorney immediately after you’ve been examined and treated by a medical provider.

Don’t wait two years. Over time, evidence can be lost, altered, or contaminated. Your Brazoria County motorcycle accident lawyer will need to scrutinize the evidence while it’s still fresh and speak with any witnesses to the accident before their memories fade.

What Will Justice Cost?

If you are injured by a negligent or careless motorcyclist, or if you’re a motorcyclist and you’re injured by a negligent or careless car or truck driver, it costs nothing to find out more about your rights. A Houston-area motorcycle accident lawyer can take your case on a contingent fee basis.

Your first legal consultation is free, and you’ll owe no lawyer’s fee until and unless your lawyer obtains your compensation with a jury verdict or a private settlement. But with so many attorneys in the greater Houston area, who will make your personal injury case a priority?

The Kahn Law Firm Will Fight for the Compensation and Justice You Need

Houston-area personal injury attorneys John J. Kahn, Jr. and Jennifer Hodges Kahn have substantial experience resolving the most complicated personal injury claims. For over twenty years, we have been recovering the compensation that our injured clients need.

We’re a husband and wife law firm, so we can make your case a priority and give it our complete personal attention. If you are injured in the Houston area in an accident that involves lane-splitting, contact the Kahn Law Firm as quickly as possible by calling 713-999-6549.

What is Trust Without Scrutiny?

“Kids will be kids” is a saying as old as time. But sometimes, kids go a bit too far. You, as a parent, are tasked with ensuring your child becomes a proud, productive member of society. Unfortunately, this means that if your child gets into trouble or they are showing signs of drug and alcohol abuse, you may have to resort to more drastic measures than a simple grounding.

In these circumstances, you may come across something known as a “behavioral therapy camp.” These camps are equipped with the tools necessary to help get children back on the right track—the track that creates upstanding members of society.

But just like anything else, these places sometimes hire bad people. People who may use their authority to abuse children. People who rely on the fact that these children may not be trusted should they try to inform others about the abuse.

These people are scum.

As a parent, you want to do right by your child. What should you do when someone who was supposed to care for your child instead abuses them?

How Can You Identify Abuse?

No one knows your kid better than you. While your child may have been acting out or showing symptoms of chemical abuse, which resulted in you being forced to seek outside help, their behavior may shift even more after returning from a behavioral camp.

Some of these shifts may be simple mood changes or rebellion from being forced to attend such camps that follow rigid schedules, rely on counselors and therapy, and may even include physical labor. However, as their parent, you may notice other behaviors that are out of character.

It can be hard to trust your child when they are acting out. It can be even harder if they are making allegations against the very camp that was supposed to help them.

Here are a few signs that the American Psychology Association suggests keeping an eye out for when you suspect abuse:

• Cuts, bruises, and burns.
• Broken bones and other internal injuries.
• Lack of interest in surroundings or hobbies.
• More knowledge about sex than is normal for their age.
• Pain, bruising, or bleeding on, in, or around the genitals.

Unfortunately, the signs are not always readily apparent. Even worse, your child may feel like they are unable to trust you, causing them to hide the truth or evidence of abuse from you.

Children who are abused may themselves become abusive towards others. They are more likely to use violence to solve their problems and can show issues with managing their emotions. Even worse, abuse can feed the very problems you sought to solve by sending them to a behavioral therapy camp, such as alcohol or drug abuse.

Abuse isn’t always physical or even emotional. Abuse can also come in the form of neglect, which can be even harder to identify. Perhaps they lost more weight than you assumed they would because of meals being withheld, or they were put into dangerous situations.

What Should You Do if You Suspect Abuse?

The first thing you should do if you suspect abuse is to talk to your child. Approach them from a place of love and understanding. Try to avoid accusations or confrontation, instead bringing the conversation back to your love and intention to help them.

You can track their symptoms. If they have unexplained injuries after returning from camp, take photos of them. If they are acting out worse than before they went to camp, journal their behavior. Keep notes of their behavior and any out-of-character behavior.

If you are certain your child was abused while they were at a behavioral therapy camp, you should immediately call law enforcement and make a report. Take your child to have a medical examination and keep the medical report. All of this information can help you build a solid case against the camp.

It is important to remember that your child may continue to act out while you follow these steps. Remind them that you are on their team. You are not trying to get them in trouble. You are trying to hold the people who hurt them accountable for their actions. Your child will need your support throughout this entire process.

Do You Need a Lawyer?

While gathering your evidence and filing police reports, you may be wondering if you should hire a lawyer. Remember, this camp that hurt your child will have a full legal team on their side trying to discredit you and your child. As soon as the allegations of abuse get back to them, they will be building a case meant to defend themselves and vilify you and your kid.

Working with a personal injury attorney can help you build a strong case should your claim go to trial. When you work with the compassionate team at The Kahn Law Firm, P.C., you work with a team of experienced attorneys who want your voice heard and the people who hurt your child brought to justice.

Call 713-999-6549 to schedule your no-obligation consultation with our team. Our team knows how to traverse the Texas legal system, and we fight for you and your family.

Don’t take on these criminals on your own. Fill out our online contact form to get your case started and ensure these people can’t continue hurting other vulnerable kids!

What Rules Prevent the Overloading of Trucks?

According to the rules set forth by the Federal Motor Carrier Safety Administration, a truck’s cargo should be loaded and secured with the following safety measures in mind:

• Securement systems used on commercial trucks should be able to withstand some acceleration and deceleration. The system in place should hold when subjected to 0.8 g deceleration moving forward and 0.5 g acceleration moving backward.
• If possible, all tie downs used for trailers with rub rails must be positioned inboard the rub rails. Tiedowns must also include edge protection when they are likely to sustain abrasions from contact with cargo. Two tie downs must be used if a piece of cargo measures five feet or less in length but weighs over 1,100 pounds. Two tie downs are also required when cargo is longer than five feet but less than ten feet.
• Cargo that may roll inside a trailer should be secured with chocks, wedges, and other equipment that prevents rolling. The items that are used in order to avoid rolling must not be loose while the truck is in motion.

Additionally, a truck with a single axle is limited to 20,000 pounds of cargo, and a truck with a tandem axle may only carry 34,000 pounds of cargo. The truck’s gross weight may not exceed 80,000 pounds.

What Makes an Overloaded Truck Dangerous?

Accidents related to an overloaded truck include but are not limited to:

• Difficulty maneuvering: A heavy cargo load may make it difficult for a driver to safely maneuver the vehicle around corners or turns.
• Tire blowouts: Excessive weight may result in burst tires that can cause wrecks.
• Braking difficulties: A heavy load may not give the driver enough time to avoid a collision.
• Mechanical failure: Overloaded trucks can place excessive stress on key parts of a truck that can cause failure.

What Types of Accidents Can Occur From an Overloaded Truck?

An overloaded truck can cause an accident in many ways, such as:

• Rollovers
• Losing cargo that collides with other motorists
• Road collapse
• Rear-end crashes and brake-failure accidents
• Tire blowout crashes

What are Signs of an Overloaded Truck?

When a commercial vehicle is carrying cargo in excess of its handling capabilities, there are signs, such as:

• Sagging
• Overflowing or spilling cargo
• Bulging tires
• Poor steering

Who is Responsible for an Accident Resulting From an Overloaded Truck?

Many parties may be responsible for accidents that occur because of an overloaded truck. Determining the responsible party or parties is an important and difficult part of these claims. Depending on the circumstances, the responsible parties may include:

• Truck driver: A driver may be held liable if he or she fails to ensure that their load complies with federal and state laws.
• Trucking companies: A trucking company can be held liable if it fails to adequately train a driver to secure and weigh a load effectively. Additionally, a company may be held liable under the doctrine of respondeat superior, which holds an employer liable for an employee’s wrongdoings within the scope of employment.
• Truck manufacturers: A defective product can be the cause of an accident.
• Truck loaders: The people who load a truck may work for a company other than the one that owns the truck or cargo. This may cause multiple pirates to be at fault for an accident.

How is Liability Determined?

As with any injury case, liability is determined through the legal theory of negligence. Negligence or recklessness is established by proving four specific elements that show a party is responsible for an accident and the resulting injuries. The four elements of negligence are:

• Duty of care: This element is established by proving that the responsible party owed the injured party a reasonable expectation of care.
• Breach of duty: The responsible party failed to uphold their duty of care by acting in a specific manner.
• Causation: This breach of duty is directly responsible for the accident and the injuries resulting from the accident.
• Damages: Damages represent the monetary amount of compensation sought for injuries resulting from the accident.

Negligence Per Se

If a truck driver has violated a state or federal law, the theory of negligence per se may apply. Negligence per se removes the need to establish the first two elements of negligence because the violation of the law is accepted as a breach of duty of care. This leaves the injured party responsible for only proving that the driver violated the law and that this violation caused the accident.

Modified Comparative Fault

The State of Texas uses a system of modified comparative fault that allows multiple parties, including the injured party, to hold blame for an accident. If a victim is found to be partially responsible for an accident, then the awarded damages are reduced based on the injured party’s percentage of fault. If an injured party is found to be more than 50% at fault for an accident, then he or she cannot recover any damages.

What Possible Claims May Be Filed for an Overloaded Truck Accident?

Several types of claims may be filed, depending on the specific circumstances of each accident. Possible claims include:

• Negligence claims
• Product liability claims
• Wrongful death claims
• Vicarious liability

Do I Need an Attorney?

If you have been injured by a commercial vehicle, you need aggressive and knowledgeable legal representation you can count on. Between a driver or company insurance and lawyers, you do not want to take this fight on alone. Call The Kahn Law Firm, P.C., today at 713-999-6549 or fill out a contact form for a free consultation.

How Can a Pedestrian Remain Safe on the Road?

According to the Texas Department of Transportation, there are certain steps a pedestrian can take to minimize the risk of an accident. To protect themselves and other motorists, a pedestrian should:

• Always use available sidewalks. When no sidewalk is available, walk on the left side of the road, facing the flow of traffic.
• Always use available crosswalks.
• Yield to oncoming vehicles.
• Do not assume that traffic will stop.
• Make eye contact with drivers before crossing to ensure you have been seen.
• Walk on the right side of a crosswalk so others may pass on the left.
• Look both ways before exiting a bus.
• Be aware of parked cars or other obstacles that may impede the view of traffic.
• When possible, exit a vehicle on the curbside of the street.

What Should be Done Immediately Following a Pedestrian Accident?

If you are injured as a pedestrian in Texas, there are certain steps you should take to ensure the best results for any possible claim you may wish to file. The best way to protect yourself is to:

• Seek medical attention. You may not immediately feel an injury that results from a collision. Some injuries may take hours or days to present themselves. A medical examination will address any sustained injury and serve as a formal report of the accident.
• Call 911. Regardless of injury, police officers should be called and notified of the accident. A police report serves as another vital record of the event.
• Exchange contact information. If able, gather the name, address, and phone number of the driver, as well as the names and phone numbers of any eyewitnesses to the accident.
• Gather evidence. If able, take pictures of the accident scene, including road conditions, street signs, vehicle damage, and personal injury.
• Consult with an attorney. Legal representation is a high priority following any type of accident. Call a personal injury lawyer at The Kahn Law Firm, P.C.

Do Texas Pedestrians Always Have the Right of Way?

In Texas, a pedestrian must obey all official traffic control devices unless an officer is present and is overruling the traffic control device. Additional laws include:

• A pedestrian cannot stand in a roadway for ride solicitation, contribution, employment, or business from a vehicle’s occupant.
• Vehicles are required to yield to pedestrians crossing at a designated crosswalk unless there is a controlling traffic signal.
• A pedestrian cannot suddenly leave a curb or other place of safety to enter a crosswalk in the path of a vehicle when the driver cannot yield.
• A pedestrian can only cross two adjacent intersections if they are within a marked crosswalk.
• A pedestrian cannot walk alongside or on a roadway if there is a provided sidewalk that is accessible to the pedestrian.

What are Common Causes of Pedestrian Accidents?

While there are many possible reasons for a traffic accident to occur, accidents involving pedestrians are usually the result of cellphone use, either by the driver or the pedestrian. Other causes of accidents include:

• Failure to grant the right of way to a pedestrian
• Driving while distracted
• Ignoring traffic signals and rules
• Driving while under the influence of drugs or alcohol
• Walking while under the influence of drugs or alcohol
• Drowsy driving
• Speeding
• Unsafe or illegal turns

What Injuries are Commonly Seen in Pedestrian Accidents?

When a pedestrian is struck by a vehicle, the sustained injuries are usually significant. Some of the most common injuries are:

• Brain injuries
• Broken bones
• Crush injuries
• Internal injuries
• Loss of limbs
• Scrapes, lacerations, and road rash
• Spinal cord injuries or paralysis
• Wrongful death

How is Fault Determined in a Pedestrian Accident?

To establish that a driver was responsible for an accident, the pedestrian must show negligence. Negligence is a legal theory based on carelessness or recklessness and relies on the establishment of four distinct elements:

• Duty of care. The driver owed the pedestrian an expectation of reasonable safety.
• Breach of duty. The driver did not uphold this expectation of safety.
• Causation. The driver’s breach of duty is directly responsible for the resulting injuries.
• Damages. This is the monetary amount of compensation sought based on the sustained injuries.

Modified Comparative Fault

The State of Texas uses a system of modified comparative fault that allows multiple parties to share responsibility for an accident. This means that a pedestrian can be partially responsible for the accident and still receive compensation for injuries. However, the amount of compensation will be reduced based on the pedestrian’s percentage of fault.

For example, if a pedestrian is found to be 25% at fault for an accident and is awarded $100,000, then he or she would receive $75,000.

Furthermore, if a pedestrian is found to be 50% or more at fault for the accident, then they will not be able to collect any compensation.

When is a Pedestrian at Fault for an Accident?

There are certain situations when a pedestrian is entirely responsible for an accident, such as:

• Ignoring a “Do Not Walk” signal
• Walking on a bridge, highway, or byway where a pedestrian is not allowed
• Walking into traffic while intoxicated
• Darting into traffic
• Jaywalking or walking outside of a crosswalk

How Long Do I Have to File a Claim?

The statute of limitations for a personal injury case, in most cases, is two years from the date of the injury. Claims filed outside of this timeframe may be barred.

Do I Need an Attorney?

If you have been injured as a pedestrian, you need legal representation you can count on. Call The Kahn Law Firm, P.C. today at 713-999-6549 or fill out a contact form for a free consultation.