The Weaver Law Firm

Houston 713.454.7875

san antonio 210.807.8932

January 2014 Archives

Motorcycle accident near Dayton may result in wrongful death case

A motorcycle accident near Dayton, Texas may result in a wrongful death case.There have been more recent motorcycle accidents in Texas. However, the location of this particular accident was on Hwy. 1960 at CR 611 near the West Liberty County line, close to the City of Dayton City Limits. The accident involved a motorcycle rider and a tractor-trailer.

Toll Brothers will develop new home community called Northwoods near Exxon campus

Toll Brothers Inc. is the nation's leading builder of luxury homes. Reports indicate that it is working with Texas-based Cernus Development LLC, a real estate company. Cernus work includesland acquisition and development. The group plans to bring a master-planned community to North Houston. North Houston contains a wooded area of land, which would be a beautiful area to develop.

Corpus Christi Teenager Trapped Under SUV in Freak Accident

A freak accident left a teenager trapped under a vehicle for what he claims felt like hours. The 18 year-old male was backing out of his driveway on Comal Street when he backed into a ditch and flipped his sports utility vehicle. The teenager ended up trapped beneath the vehicle. His neighbors were awoken by his screams and rushed to his aid with several calling 911. Emergency personnel successfully rescued the teenager within 20 minutes of responding to the scene of the truck accident.

Personal Injury lawyer comments on Encincal, TX truck accident.

An Encinal, Texas report states that three men have been killed as the result of a truck accident with an 18-wheeler. Another person was critically hurt in the Texas accident. The 18-wheeler was reportedly stopped along a South Texas highway when the car carrying passengers crashed into it. The 18-wheeler driver wasn't hurt.

Former Dallas Cowboy in drunk driving accident sentenced.

Have you heard the saying "Don't Mess with Texas?"  It should also apply to drunk driving accidents that result in wrongful deaths cases. A Texas jury sentenced former Dallas Cowboys player Josh Brent to 180 days in jail and 10 years probation on Friday for causing a one-car crash that killed his teammate after a night of heavy drinking in 2012. Does that seem like a short sentence? That is not even a full year in jail. Some people serve years in jail for drinking and driving and then killing someone. They could have sentenced him to 20 years in jail.

Property redemption differences between HOA foreclosure and tax sale.

What is one major difference between real estate redemption laws after a property owners association (HOA) foreclosure sale and a Texas tax foreclosure sale? The HOA sale is governed by the Texas Property Code and the other is covered by the Texas Tax Code.

Possible San Angelo wrongful death accident after head-on collision.

There was a fatal accident that occurred 15 miles south of San Angelo, Texas. The accident may have resulted in a wrongful death case. The Christoval Volunteer Fire Department responded to the scene. The CVFD removed the deceased person from one of the vehicles. Two cars were involved in the accident just north of Christoval on U.S. 277.

Homebuilder development will increase in the Houston, TX area.

Home builder Toll Brothers is buying a 3,700-acre swath. Toll plans to develop the property. We suspect that Toll will build up to 1,750 homes. They may also sell thousands of additional lots to other builders starting late this year.

Seven Injured in Work Zone Traffic Accident in Royse City, Texas

A construction work zone was the location of multiple car accidents on I-30 in Northeast Texas on Friday morning. Though the actual series of events and cause is still being determined, the Royse City Police have found that the accidents were caused by a hole that opened up in outermost lane of 1-30 westbound near Erby Campbell Boulevard.

Ashley McLemore perishes in Lufkin, TX motorcycle accident.

This past Sunday, a Lufkin, Texas woman died in a San Augustine County motorcycle crash. The Texas Department of Public Safety recently released the names of those involved.  The motorcycle driver was a man from Bronson that was injured but survived.

Kailey Massey of Spring, TX perished in an 18-wheeler truck accident.

There were several car accidents on Interstate 30 in Clark County this past weekend. One of the accidents resulted in a fatality and a possible wrongful death case. The young lady that died has been named: Kailey Massey. She was a 20 year old resident of Spring, Texas. She died after being involved in the Saturday afternoon 18-wheeler accident. According to reports, she rear-ended an 18-wheeler which resulted in the fatal crash. What caused the crash? Did the truck driver come to an abrupt stop where Ms. Massey could not avoid the accident?

Explosion at Bobby's Automotive in Alice, Texas

In or around Alice, Texas, an explosion at Bobby's Automotive caused injuries to one or more individuals. One man received with severe burns. The incident occurred this past Monday morning. The auto shop caught fire after a can of oil exploded.  According to a police official, the injured man was welding right before the fire. The welder was received a forced blow due to the fire explosion.

Woman Dies After Electrocution Accident in Texas City

A wrongful death lawsuit may ensue following an incident on Sunday where a 53-year-old woman died from accidental electrocution. At the time, the woman was visiting her son in Texas City. She was in the company of six other individuals, including her son, when she picked up or touched a table lamp and was electrocuted. The lamp was being used outdoors, but plugged inside the home when the accident occurred. The severity of the accident was likely exacerbated by the fact that the surrounding area was wet and the woman was barefoot.

Houston child killed by possible drunk driver car accident.

This past Saturday, a 12-year-old autistic boy was hit and killed by an alleged drunk driver. Now, we need to prevent future horrible acts like this. This accident comes at a time when Texas district attorneys are becoming more focused on prosecuting drunk driving incidents. Texas has strict intoxication laws but people still drink and drive. This type of accident may result in a wrongful death case.

Ex-NFL player on trial for a Texas drunk driving car accident.

Josh Brent is a former Dallas Cowboy. He now has an upcoming trial related to the death of his teammate. The death related to a 2012 car accident, a possible wrongful death case. There are allegations that Brent was driving drunk when the car crash occurred.

Have you seen a Smart Car get hit by a TX 18-wheeler truck?

Have you seen a Smart Car get hit by an 18-wheeler truck? Do you know what a smart car looks like after getting hit by a big rig truck? The answer: horrible. On January 4, 2014, after 1:00 am, Porter Fire Department responded to a serious truck accident. The big rig accident happened on US 59 between FM 1314 and Community Drive. At the horrific scene, the authorities arrived to find a female lying on the freeway. They also found a Smart Car on the road with a ridiculous amount of damage. The Kroger Company owns the Freightliner 18-wheeler. The truck accident resulted in major front end and side damage to the tractor-trailer.

Actos Bladder Cancer Lawsuits in Texas and the U.S.

Are individuals that took Actos, ActoPlus Met, ActoPlus Met XR or Duetact in danger of bladder cancer? Patients that have taken these drugs and which have been diagnosed with bladder cancer may have a legal claim for compensation. The FDA made a safety announcement concerned Actos and bladder cancer.  Patients taking pioglitazone for more than a year may have an increased risk of developing cancerous tumors of the bladder. Pioglitazone is found in these diabetes drugs. People have alleged that the drug maker Takeda Pharmaceutical did not disclose information about the Actos bladder cancer risk. According to at least one source, it is claimed that there were allegations the Takeda failed to provide adequate warnings with its diabetes drug.

Houston Real Estate Attorney discusses owner finance options.

There are several options for sellers that are interesting in selling property to buyers that cannot qualify for traditional financing. There is hope for potential real estate buyers to buy property without the best credit. The author, a Houston real estate attorney, discusses several options.

3 reasons why we represent TX families after a wrongful death accident

Imagine that a family just lost a loved one due to the negligent acts of another. As you can imagine, that family's life has now changed forever. What can they do now? The law may allow the estate of the person who has been killed in Texas to recover money for the damage that has been done. We know that no amount of money can change what has happened or take away your pain. However, a Texas wrongful death attorney that strongly believes in helping families through such difficult times may be exactly what this hurting family needs. We believe that families suffer for the following reasons:

Houston Homeless Woman Wrongful Death, Victim of Dog Attack

An early morning dog attack has claimed the life of a Houston homeless woman. The woman was mauled by a pair of pit bulls at about 2:00 A.M. on Sunday near the intersection of Glen Prairie and Lenora in southeast Houston. This could be a case of wrongful death.

Contract for Deed vs. Seller Finance Real Estate Transaction

What is a Contract for Deed and why do I generally prefer a seller finance transaction? A contract for deed is what the Texas Property Code refers to as an executory contract. Executory contracts are essentially real estate transactions where the seller maintains title to the property until the buyer makes payment in full. Once the buyer pays for the real property in full, the seller then transfers title to the buyer by deed at closing. The seller usually makes payment on the "contract for deed" over a period of years. Contracts for deed, lease-purchases, and lease-options for longer than 180 days are unambiguously defined as executory contracts.

Why deed Texas property to an LLC?

Suppose a real estate investor gets in a car accident and is sued because the other driver died in the accident. Suppose that a real estate investor is sued in a wrongful death case and the plaintiff obtains a million dollar judgment. How can the plaintiff collect the judgment from the real estate investor? The plaintiff can try to obtain the money that the defendant has in the bank. If there are insufficient funds in the bank account, the plaintiff in the wrongful death case can go after the defendant's non-exempt assets, including real estate investment properties.

Austin Drunk Driver Kills Beloved Teacher and Teenage Son

Peggy Howard and her teenage son, Cale Howard have died following an auto accident involving a drunk driver in Northwest Austin. Could the Howard family sue for wrongful death? The collision occurred while, Peggy Howard, an elementary school teacher for Leander Independent School District, and her teenage son Cale Howard were traveling south on FM 620 in a Toyota Prius. A Chevrolet Avalanche driven by 21-year-old Nicholas Michael Justin Wyzykowski rear-ended the Toyota Prius launching both cars into the oncoming traffic lanes. The Chevrolet Avalanche then collided with a second vehicle, a Toyota Camry that was travelling north, before coming to a stop.

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