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Boating accidents often result in catastrophic injuries that require emergency care. Although there are countless factors that lead to boat crashes, the majority are due to negligent and reckless behaviors such as drunk boating, speeding, and inattention. The Texas boat accident attorneys at Ely, Valentine & Reed, PLLC help victims of boating injuries fight for the compensation they need to afford medical treatment, lost wages, and other damages.

Types of Cases Our Boat Accident Attorneys Handle:

Boating is a year-round activity in Texas, which is why our state has some of the highest boating accident rates in the country. Hundreds of people are injured and dozens die in boating accidents each year. Victims and their families are often left wondering how they will afford the medical expenses and loss of income.

Our attorneys handle a variety of boating accident cases including:

• Alcohol-Related Boating Accidents: Drunk driving is a leading cause of boating wrecks in the United States—and Texas is certainly no exception. Our attorneys will evaluate toxicology and crash reports and talk to witnesses to determine if alcohol impairment may have played a role in your crash. If so, we can help you pursue punitive damages in addition to compensation for your economic and non-economic losses.
• Boating Accidents Due to Speeding: Driving a boat at an excessive speed not only makes the vessel more difficult to control, but it also increases the likelihood of an injury or death occurring in the event of a crash. Our attorneys will investigate your case and may bring in accident reconstruction experts to prove that speeding contributed to your wreck.
• Boating Accidents Due to Equipment Defects: A negligently designed or manufactured part could result in an equipment malfunction. If a defective part contributed to your crash, our boating accident lawyers can review schematics and blueprints, speak with boating parts specialists, and identify all potentially liable parties.
• Ejection Injuries: Being ejected from a boat at a high speed can result in debilitating injuries such as broken bones, a dislocated shoulder, soft tissue damage, and brain trauma.
• Injuries Caused by Propellers: Coming into contact with a propeller can cause deep lacerations and even amputations. Most of these injuries are caused by negligent boat operation.

Other Types of Boating Accidents: Even if the at-fault party was not breaking a law, you may still have grounds for a claim. Our boating accident attorneys handle personal injury and wrongful death cases involving inexperienced boaters, poor weather conditions, and other types of hazards. We handle cases involving all types of watercraft including cabin cruisers, yachts, tenders, personal watercraft (wave runners and jet skis), inflatable boats, sailboats, kayaks, canoes, and airboats.

How Soon After My Boating Accident Should I Call an Injury Attorney?

If you were injured in a boat crash, you should consult a boating accident lawyer as soon as possible.

Valuable evidence that can be used to prove liability and damages may become unavailable within days of your crash. Our lawyers will perform an immediate investigation into the cause of your accident. We will identify all potentially liable parties, handle correspondence with the defendant and insurance company, calculate your damages, and help you avoid critical mistakes.

There are also strict deadlines for filing personal injury and wrongful death lawsuits. If the deadline passes, your case will almost certainly be dismissed. It is important to contact a boat accident lawyer as soon as possible.

Imagine as a parent your child becoming injured at a trampoline park because no one taught him or her how to safely enjoy the activity, or because no one was supervising the facility, or because of the facility’s poor design.

Unfortunately, that’s just the case for too many parents.  A few weeks ago, parents posted a warning on Facebook about the perils and dangers of young children jumping on trampolines.   The post went viral, and it has caught the attention of the media.  First, the Washington Post published an article with some interesting and eye-catching data.  Then, Slate did some follow up work looking at the raw data, and the risks trampolines pose.

In fact, our office has represented injured children in these types of cases and can speak to the injuries frequently caused by these activities to the legal issues that surround each of these cases.

First, some statistics help demonstrate just how dangerous trampoline jumping can be.

The Washington Post claims a fact from the Consumer Product Safety Commission that “there were more than 100,000 emergency room-treated trampoline injuries in 2014.”  And, between 2000 and 2009, there were at least 22 reported trampoline injury-caused deaths.

Slate, though, wanted to estimate the risk of trampolines, pointing out that those numbers sound high, and are in fact high, but do they represent kids jumping on trampolines for 30 minutes every couple months, or two hours a day?  Slate then compared the ER visits caused by trampoline injuries to other products and dangerous activities.  “For instance, 80,831 ER visits in 2016 were due to injuries from the use of playground climbing equipment.”   Although that number is 20% less than the trampoline induced injuries, Slate argues that there are probably significantly many more hours spent on playground equipment than trampolines.  So, it concludes, “trampolines are far more dangerous per hour of use,” than playground climbing equipment.

As a general note, every authority reports and agrees that the injuries from trampolines can be severe.  In general, injuries from jumping on trampolines are caused either by landing on something other than the mat of the trampoline or by the forces involved when the mat responds and recoils to the jumper.

According to the Slate article, “trampoline injuries tend to be more severe than injuries caused by other notably dangerous activities.”  It compares, for example, that in Canada, 12.4% of trampoline injuries required hospital admissions, ranked second only behind downhill skiing, which 12.9% of injuries caused hospital admissions.  Notably less dangerous regarding hospital admissions were activities like snowboarding, bicycling, sledding, skateboarding, ice hockey, and football.

The other note about injuries from trampolines is that trampoline parks are the largest culprit of severe injuries among trampoline activities.  It highlighted a study from 2016 that found that “while far more kids get hurt on trampolines at home – probably in part because kids spend more time trampolining at home – the number of ER-worthy injuries that happened at parks rose almost twelvefold” from 2010 to 2014.  To that end, “the types of injuries that afflict kids at home versus in these parks differ, too: Kids at home tend to sustain more head injuries than kids in parks do, while kids at parks tend to suffer more lower-body injuries, including broken bones and sprains.”

Despite the data that suggests injuries are frequent and often severe, merely because a  child is injured at a trampoline park does not mean, necessarily, that the trampoline park is liable.  The many theories of liability in these cases must be carefully evaluated.

First, there is the potential for premise liability on behalf of the trampoline park.  If there is a particular condition of the property that is dangerous and causes an injury, the landowner may be held responsible for that injury and damages.

Second, there may be a product defect with the trampoline.  Typically, only an expert can opine on the quality of a product like a trampoline when it was in use at the time of the injury.

Third, many common law negligence claims allege the trampoline park failed to satisfy a duty it owes to the public that it invites to the park.  For example, it may be that the park negligently hired or trained its employees.  Or, potentially the park negligently supervised the activities of the children jumping on trampolines.  On this point, the International Association of Trampoline Parks recommends as an industry standard that there be one supervisor per trampoline.

But, once liability may be attributed to the trampoline park, there are still strong defenses frequently raised by smart trampoline parks.  In almost every case, there will be an issue about a pre-activity release that purports to waive a claim of an injured participant.  Some of these waivers go so far as to attempt to preclude parents from bringing claims on behalf of the children.  The strongest waivers will include an indemnity provision, whereby the release may not matter as much because whatever liability may exist is agreed to be covered by the parent indemnifying the park.  Also, the jumper is often said to have assumed the risk and dangers that come with jumping on trampolines.

There is advice offered by several authorities on trampoline jumping.  The American Academy of Orthopaedic Surgeons recommends that children under six years old should not use trampolines.  The American Academy of Pediatrics goes further and recommends that trampolines should not be for leisure and entertainment, but rather only used “in supervised athletic training programs.”

Regardless, when injuries are sustained by jumping on trampolines, especially at trampoline parks, they are often severe and life altering.  It is wise to seek legal counsel for any potential recovery in the event of an injury that occurred at trampoline parks.  If you or anyone you know has been injured at a trampoline park, give us a call at 512-562-7000 for a free consultation.

It is easy to understate the importance of good trial lawyers when prosecuting or defending a case in court. A client of legal services simply must screen his/her potential lawyer for trial experience, skill and knowledge.

The trial attorney is a specific breed. In the span of a 2-5 year litigation, the trial lawyer can anticipate, all the way back in the discovery phase, what challenges will be faced at the ultimate trial and is better equipped to minimize those challenges. The trial lawyer involved in the discovery phase can make the case that much better and insulate a weakness from hurting the case at trial. Conversely, the trial attorney can make a strength in the case overwhelming to the adversary so that only a favorable settlement or a win are imminent. But it is the familiarity with burdens of proof, evidentiary rules, and judicial requirements of the lawyers that sets a trial attorney apart, and gives the consumer the best chance at a favorable outcome. Of course, in every case, lawyers cannot guaranty any particular result as a case has a number of variables throughout its years-long trudge through the court system.

There are many different types of attorneys, but not all of them are skilled, or even comfortable, stepping into the trial Courtroom. A trial is a stressful, time-consuming, and serious project. A trial cannot be handled by just any attorney. To name only a few, the lawyer has to know the rules of evidence, court procedure at trial, demeanor with a judge and jury, general process, and proof requirements and the law.

And it is also not enough to have done only judge or “bench” trials. A good trial advocate is comfortable and familiar with both judge and jury trials. The right to a jury extends to both sides, so even though a litigant may request a bench (judge) trial, the lawyer has to be ready to try the case to a jury if the other side so requests.

Preparation is everything. It is not only the trial lawyer’s own preparation of documents, order of testimony, arguments to the judge and others that is important. It is the preparation of the client for the stress of testifying that is crucial. There should be no surprises to either the sum or substance of what the client and the witnesses will testify. Comprehensive preparation is the key to a successful trial.

But there are always unknowns in litigation. The good trial attorney is able to handle whatever is thrown at them. Sometimes battles are not always won, but it is the war that is most important.

The Ely, Valentine & Reed, PLLC firm is here to be your trial lawyer, with years of experience, battles won, and satisfied clients, we’re here to help. Give us a call and get your FREE consultation.

When you’re on the road, there is inevitably other traffic – cars, bicyclists and runners to name a few.  When traffic comes together, there are rules of the road for who has the right of way in each scenario.  Here are some quick reminders about who has the right of way when:

Bicyclists:

If you are bicycling on the roadway, you have the same rights and responsibilities as drivers.  You should remember to obey the laws of the road as though you are in a car.  For example, you must stop at red lights and stop signs as if you are driving a car.  You should ride in the same direction as traffic.  And, when you want to make a turn, remember to use proper hand signals.

If you are being passed by traffic, stay to the right and give as much room as possible.

Pedestrians:

When you are walking, and there is a sidewalk, use it! Unlike bicycling, if there is no sidewalk, walk in the direction of traffic; on the left side of the road.

If you are crossing a roadway, and there is a marked crosswalk, use it! Drivers must yield to pedestrians in a marked crosswalk.

If you want to cross the street, but there is not a marked crosswalk, Texas laws recognize “unmarked crosswalks.”  An unmarked crosswalk is an intersecting street where there is no marked crosswalk.  It’s a vague and broad definition, but Texas laws recognize that vehicles must yield to pedestrians in crosswalks, marked or unmarked.

If you attempt to cross the street outside of a marked or unmarked crosswalk, then you must yield the right of way to vehicles.

In short, remember that if you are a bicycle rider, act like a car, and if you’re a pedestrian, stay off the street, cross at crosswalks, and in any circumstance, be conservative in your interactions with vehicles.

Liability:

If the unfortunate accident occurs, the at-fault party is liable for the damages and injuries of the victim. So, if a driver disregards the right of way of a pedestrian or bicyclist, that pedestrian or bicyclist may have a claim for his or her personal injuries and damages against the driver.

Over three million Americans are injured in motor vehicle accidents every year, according to the National Highway Traffic Safety Administration. If you’re injured in a car accident—whether as a driver, passenger, a pedestrian hit by a car, or a bicyclist hurt when a car door opened in your path—don’t ignore any injuries you may have just because they seem “minor” at the time. Every injury has a value. You may be entitled to compensation for any car accident injury caused by someone else’s negligence, or carelessness:

• Medical bills (present and future);
• Lost wages, both from a temporary or permanent inability to return to your job, and from hospitalization, doctors’ appointments, physical or mental therapy, and other treatments causing you to miss work;
• Child care;
• Personal care;
• Household help; and/or
• Transportation costs.

In addition to these costs, you may experience pain and suffering severe enough to merit compensation. The value of an injury can’t always be determined immediately after an accident.
At The Valentine Law Firm, we have established a long track record of success in obtaining favorable results for car accident victims. We won’t charge you anything unless we achieve a favorable verdict or settlement for you.
The 5 Most Common Car Accident Injuries:

1. Soft tissue injuries are the most common type of car accident injury. A soft tissue injury affects connective tissues—muscles, tendons, and ligaments.
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   “Whiplash” is one of the most common soft tissue injuries, which occurs when the car stops or turns suddenly, or is struck forcefully from behind, causing the neck to “whip” back and forth rapidly. Symptoms of whiplash include neck pain and stiffness, reduced range of motion, and increased pain with movement.
   
   Musculoskeletal injuries can affect muscles, tendons, ligaments, and nerves anywhere else in the body. If these tissues are stretched, compressed or bent during the accident, these injuries can be extremely painful and may prevent you from performing simple tasks such as getting dressed, picking up your toddler, or performing work-related activities. To avoid long-term damage, you should seek medical attention if you experience redness, swelling, inflammation, or pain that gets worse with movement.
   
2. Head injuries range from relatively mild to extremely serious. In many instances, there may be no bruising or other visible sign to indicate that you’ve sustained a head injury. If the car stops or turns suddenly, the head can be thrust against the steering wheel or a side window; when no seatbelt is used and no air bag deploys, the head can strike the front windshield as well. The impact can cause simple bruising or a closed head injury. A closed head injury may damage the fluid and tissue inside the skull. The most severe head injuries can result in permanent brain damage.
   
   A concussion can result when the head is thrown back and forth, even if the head doesn’t make physical contact with anything. Symptoms of a concussion, which may not appear for a few hours, include a headache, temporary loss of consciousness, dizziness, ringing in the ears, or seeing “stars.” A “blackout” or loss of consciousness after the crash may indicate a serious head injury.
   
3. Bone fractures typically result from blunt force. The most common bones to fracture are the hands, arms, feet, and legs. However, the ribs, skull, sternum, hips, head, and spinal cord can also be fractured in a car accident. The symptoms of a fracture are severe pain, redness, swelling, bruising, deformity, and loss of function. Serious car accident fractures are more likely to require surgery, as they may involve multiple fractures or crushing injuries. Accompanying tendon and ligament damage can make injuries even more difficult to treat. Serious fractures are often characterized by the complexity of the surgery required, pain and suffering, and a long period of physical therapy, as well as potential permanent loss of mobility. Broken bones heal at different rates. A simple fracture can repair itself within weeks while larger or more complex breaks can require much more time to heal, considerable medical expense, and significant loss of income. If bone fragments protrude through the skin, these “open” fractures carry a higher risk of infection and present more complications. Some serious fractures require the replacement of the bone and/or the insertion of metal parts in the body.
   
4. Chest injuries can include broken ribs and internal organ injuries, as well as bruises and musculoskeletal injuries. A driver may suffer chest injuries from being thrust into the steering wheel. Anyone in the vehicle may sustain bruises from a seat belt or air bag. Broken ribs can be painful over the time it takes them to heal; internal organ damage can seriously jeopardize overall health and should be evaluated immediately and treated by a health care professional.
   
5. Emotional injuries may not be obvious immediately after the accident. Anxiety, depression, and post-traumatic stress disorder (PTSD) are not uncommon following an accident, particularly if serious injuries resulted either to you or to someone else. Anxiety and depression should dissipate over a few weeks. However, PTSD may not manifest itself until a month or more after the crash. If you can’t overcome feelings of anxiety or depression, or if you develop PTSD, you should contact a doctor or therapist who can help you overcome these effects of the trauma you experienced.

After a car accident, see a doctor!If you’ve been in an accident and experience pain or disorientation—even if you see no visible signs of injury beyond superficial cuts and bruises—you should see a medical professional to make sure that you haven’t sustained any serious injuries. This is especially true if there is any possibility that you sustained a head injury. A doctor will know what to look for based on your recollection of the accident as well as any medical evidence of injury.

Equally importantly, the doctor’s records may substantiate your injury claim later. Because the symptoms of car accident injuries may not appear for days, weeks, or even months after the accident—and the true cost of treating those injuries may not be known for some time—documenting your injuries can be essential to recovering those costs from the person responsible or any insurance company obligated to compensate you.

See a car accident lawyer before accepting a settlement offer.Particularly if you’ve lost income or incurred expenses as a result of an accident, it may be tempting to accept an insurance company’s offer of compensation for your injuries (or for damage to your car). You should never accept an offer without consulting a medical professional and a personal injury attorney to ensure that the offer is fair. Chances are, a quick offer shortly after the accident isn’t. Once you’ve accepted payment and signed a release, you can’t ask for more money later if your injuries are more serious than you originally thought, or require more costly treatment than you anticipated. A personal injury attorney can evaluate your claim and let you know whether the offer is reasonable.