Recent Blog Posts

UT Student Struck by CapMetro Bus

Austin Personal Injury Attorney — Sun, 06 May 2012 14:48:00 GMT

While participating at an end-of-schoolyear tradition near Guadalupe Street on Friday, May 4th, 2012, University of Texas student Nick Engmann was struck by a CapMetro bus that ran a red light, according to the Austin American-Statesman.

Engmann, who is studying engineering at UT, was immediately taken to St. David's Hospital after suffering several injuries. Videos posted online show Engmann in the crosswalk with the right-of-way. The bus driver, whose name has not been released, received a citation after striking Engmann.

Engmann, wearing a Barack Obama mask at the time of the incident, immediately stood up and walked away from the street after being struck.

The driver, who is a 21-year veteran of CapMetro, has one other accident on his record and has been put on administrative leave until the CapMetro receives the results of an alcohol and drug test.

If you, a friend, or a loved one has been injured in a bus crash or pedestrian accident, please call an experienced Austin bus accident lawyer at Zinda & Davis that can aggressively pursue your claim. Furthermore, our attorneys can provide you with a free consultation in order to explain your legal rights moving forward.

Brownsville 9th Grader Pronounced Dead After Struck by 18-wheeler

Austin Personal Injury Attorney — Sun, 06 May 2012 14:23:00 GMT

Authorities have reported that Damian Antonio Ochoa has died as a result of an 18-wheeler striking him while he was on his bicycle in Brownsville, Texas, according to ValleyCentral.com.

Ochoa, a ninth grade student at Lopez High School, was riding his bike at approximately 11am near the intersection of U.S. Expressway 77/83 and International Boulevard.

The 14-year old was pronounced dead at the scene, and authorities are looking into the facts and circumstances surrounding the collision in order to determine whether to file charges.

It's tragic hearing about such a young life taken too soon as a result of this serious collision.

If you or a loved one has been injured or killed as a result of a truck accident or bicycle accident, please give our experienced attorneys at Zinda & Davis a call. Our attorneys' combination of compassion and aggressiveness can provide you with the legal representation you need in order to successfully resolve your potential claim. Additionally, our attorneys can provide you with a free consultation in order to explain your legal rights moving forward to both you and your family.

Killeen motorcyclist killed in collision

Austin Personal Injury Attorney — Sun, 29 Apr 2012 23:21:00 GMT

A Killeen, Texas man was killed in a collision early Saturday morning on April 28th, 2012, according to the Austin American-Statesman.

Donovan Logan, age 25, was driving his motorcycle near Rio Boulevard before colliding with the back end of a Hummer while heading westbound.

Logan was thrown from his vehicle, and slid across the pavement before eventually landing in a nearby field. By the time police arrived, Logan was pronounced dead. Police are continuing to investigate the circumstances surrounding the collision.

If you or a loved one have been involved in a serious collision that has caused injury or death, please call an experienced, compassionate, and aggressive attorney at the law office of Zinda & Davis that can answer any questions you have about your legal rights, and provide you with a free consultation.

Austin Cyclist Killed on 360

Austin Personal Injury Attorney — Sun, 29 Apr 2012 23:01:00 GMT

According to both the Austin American-Statesman and cyclingtexas.org, an Austin bicyclist was killed Saturday, April 28th, 2012. Verter Ginestra, 54, was riding his bicycle along Capital of Texas Highway.

While near the 1300 block in the middle of the afternoon, Ginestra was struck by a car and died instantly. The driver of the vehicle was an 85-year old male who was driving on the shoulder while heading north on the highway.

Texas Department of Public Safety was still investigating as of Sunday afternoon. Reports indicate that Ginestra was wearing a helmet, and authorities are uncertain at this point if charges will be brought against the driver. Ginestra will certainly be missed by his wife, kids, family, and friends.

If you or a loved one have been seriously injured or killed in a bicycle accident, please call an aggressive and experienced Austin bicycle accident lawyer at Zinda & Davis that can apprise you of your legal rights moving forward and provide you with a free consultation.

When Can I Recover Settlement Proceeds?

Austin Personal Injury Attorney — Sun, 15 Apr 2012 20:22:00 GMT

Oftentimes our personal injury lawyers receive questions about settlement proceeds from clients. Specifically, we're often asked if there are ways to seek settlement funds from either your insurance company or an opposing party while the case is still pending.

One very important note to keep in mind is that with an opposing party, you only get one bite at the apple. This means that you only have one opportunity to settle with the adverse party because after taking any settlement proceeds, you will be forced to sign a release. The release operates as a bar to future recovery. So, for instance a release would disallow you from taking money from the opposing insurance company and then attempt to seek additional compensation at a later date. With that in mind, it's extremely important to hire an extremely aggressive attorney to handle your case so that you aren't waiting needlessly for your claim to be resolved.

However, one potential source of recovery that would allow money to come in before the claim is resolved is through your own insurance. Uninsured/Underinsured motorist coverage may allow an injured party to collect money from your own insurance company before you're able to resolve the third-party claim. What is usually more helpful, though, is PIP funds through your own insurance company. PIP is automatic in the state of Texas unless specifically rejected. PIP oftentimes acts as a quick way to become compensated for both medical bills and lost wages after you've been injured.

If you have any questions about a potential personal injury case, or how to make use of all the potential insurance policies available, please call an Austin personal injury lawyer at Zinda & Davis that can aggressively pursue your legal rights and provide you with a free consultation.

Hit-and-Run Kills One

Austin Personal Injury Attorney — Mon, 09 Apr 2012 13:19:00 GMT

According to the Austin American-Statesman, a pedestrian was struck andkilled near Highway 183 and Lamar on Saturday night, April 7th, 2012.

Austin police stated that the individual was attempting to cross the street with several others when a light colored Honda struck the man. He was pronounced dead at the scene, and no other injuries have been reported. Police are still looking into finding the vehicle that drove off after striking the individual. No other details have been released.

If you, a friend, or a loved one has recently been injured or killed in a pedestrian accident or car accident, please call the experienced lawyers at Zinda & Davis who will aggressively and passionately pursue your legal rights.

Common Nursing Home Abuse Questions

Austin Personal Injury Attorney — Sat, 31 Mar 2012 14:23:00 GMT

Here at Zinda & Davis, many disheartening situations lead to our firm handling many nursing home abuse and neglect cases. Below is a list of common questions we receive from families seeking potential representation for their loved ones:

QUESTION: Why does neglect and abuse happen in nursing homes?

ANSWER: Unfortunately, many nursing homes are more concerned with making money than taking proper care of their patients. As a result, nursing homes are often hiring underqualified, inexperienced staff. Additionally, they are hiring less staff than necessary, which often leads to neglect or insufficient care.

QUESTION: What are some signs of abuse or neglect?

ANSWER: There are many signs, but these conditions would lead us to often investigate further: bed sores, bruising, falls, unexplained injuries, abnormal behavior, infections, bleeding, weight loss, and death.

QUESTION: What is the legal process for these cases?

ANSWER: Our firm would aggressively begin an investigation to learn more regarding the facts and circumstances surrounding the case. Additionally, we would seek compensation for damages as a result of the incident or incidents. Moreover, there are sometimes criminal prosecutions associated with these cases. However, it's important to note that the criminal case is entirely separate from the civil matter. While the criminal matter would serve to punish and deter, the purpose of the civil matter would be to make the injured party whole for what happened.

If you have any further questions, please call a nursing home abuse and neglect lawyer at Zinda & Davis that can provide you with a free consultation in order to evaluate your potential legal rights.

Pedestrian Dead After Struck by 18-wheeler

Austin Personal Injury Attorney — Mon, 26 Mar 2012 01:03:00 GMT

On Saturday, March 24th, 2012 a pedestrian was killed after attempting to cross the street along IH-35 in Austin, Texas, according to the Austin American-Statesman.

An 18-wheeler struck the unnamed pedestrian, and police continue to investigate the circumstances surrounding the incident.

All to often our office sees these tragedies occur and we work extremely hard in order to provide legal assistance to families who have lost loved ones in pedestrian accidents and wrongful death cases. Please contact our wrongful death attorneys who can provide you a free case evaluation and both aggressively and passionately advocate for your legal rights.

What is a products liability case?

Austin Personal Injury Attorney — Mon, 26 Mar 2012 00:46:00 GMT

Oftentimes our clients have these questions regarding products liability cases:

Question: What is a products liability case?

Answer: All too often, companies are putting out products to consumers before remembering to make certain they're safe. A products liability case may exist when you or a loved one have been seriously injured or killed by a product. In order for a products liability case to be successful, you need to show that the product was defective.

Question: What types of product defects may allow a successful products liability case?

Answer: Product defects include design defects, manufacturing defects, marketing defects, and failing to warn of a dangerous product.

Furthermore, every party involved in selling the product can be held responsible when a product injures or kills an individual. However, these cases can be very expensive because of the potential need for experts. Our products liability attorneys will aggressively and compassionately fight for your legal rights, and would be happy to provide you with a free consultation in order to evaluate the particular circumstances surrounding your case.

How can I determine if my Personal Injury case will be successful?

Austin Personal Injury Attorney — Sun, 18 Mar 2012 16:59:00 GMT

Oftentimes, potential clients ask our attorneys the following question:

"How can I determine if this case will become successful?"

Unfortunately, there isn't any formula that allows us to provide a precise answer in these situations. There are several factors that play a role in determining whether or not a potential personal injury case will be successful. However, a simplified evaluation can be done by looking to three necessary parts to any personal injury claim:

1. Liability- In essence, liability shows that somebody or some entity did something wrong. This doesn't mean wrong by moral standards, but could mean they violated a statute or ordinance, or failed to use the reasonable care necessary to avoid the harm they caused.

2. Damages- Damages encompass both economic damages and non-economic damages. Economic damages are medical bills in the past and the future that were sustained as a result of the harm that was caused. Additionally, economic damages include any lost wages or loss of earning capacity in the past and future. Furthermore, non-economic damages consist of both the pain and suffering you went through, the mental toll the injury took, and the physical impairment, in the past and the future, as a result of the injury.

3. Source of Recovery- If liability and damages exist, the next step is to look for a source that can make you whole for your injuries. In the state of Texas, it's extremely difficult to go after an individually successfully, and so usually you would look to an insurance company, whether it's car insurance, homeowner's insurance, or a business' insurance.

While this list doesn't encompass all the facets necessary for a successful case, this can serve as a great outline of helping individuals determine if they may be successful in a personal injury case. Additionally, if you have any questions, please contact an experienced Austin personal injury lawyer that can provide you with a free evaluation of your case and talk specifically about your legal rights moving forward in a potential case.

Drunk Driver kills pastor, wife

Austin Personal Injury Attorney — Sat, 10 Mar 2012 14:57:00 GMT

Wimberly resident Terri Elmore has been arrested and charged with intoxication manslaughter after a tragic and fatal incident that occurred on November 29th, 2011, according to the Austin American-Statesman.

Rev. Ernest Boyett Jr. and his wife Barbara were travelling in their motor vehicle in Travis County when they were struck head-on by the FJ cruiser driven by Elmore at about 9:15pm. Both Ernest and Barbara were pronounced dead at the scene. Elmore sustained injuries as well and was taken to Brackenridge Hospital. Blood alcohol tests revealed Elmore was driving intoxicated, as she was over twice the legal limit. Elmore currently faces up to 20 years in jail

If you or a loved one have been injured or killed in a drunk driving accident, please call the law office of Zinda & Davis for a free consultation, and both aggressive and compassionate legal representation.

Austin Water Utility Worker Killed in Work Incident

Austin Personal Injury Attorney — Sun, 04 Mar 2012 15:41:00 GMT

Timothy Louviere, age 53, was killed on Friday, March 2nd, 2012 after being crushed by a backhoe while working for Austin Water in the South Austin area, according to the Austin American-Statesman.

Several Austin Water workers were near Mopac and Lamar on Friday morning when the incident occurred in attempts to upgrade the service lines. Louviere, a 22 year veteran and senior pipeline technician, had family in the area and facts surrounding the incident haven't been released.

Emergency personnel were called to the scene immediately, and Barton Hills Drive was closed down for the majority of the day after the incident. Additionally, engineers were called to the scene in order help determine the cause.

If you, a friend, or a loved one has been seriously injured or killed in a work accident, car accident, truck accident, bicycle accident, or motorcycle accident please call an experienced personal injury lawyer at Zinda & Davis. We can advise you of your legal rights, and meet with you for a free consultation.

What is a Stowers Demand?

Austin Personal Injury Attorney — Mon, 27 Feb 2012 03:39:00 GMT

What is a Stowers demand?

Stowers Furniture Company vs. American Indemnity is a case that's over 80 years old, and it's still good law today. In essence, it's the guideline that governs liability policies. Stowers concerns the duty an insurer has to exercise reasonable care in handing claims against an insured.

What was the Stowers case about?

In the Stowers Furniture case, there was a furniture truck that was involved in a motor vehicle collision. The injured party suffered medical bills, and Stowers Furniture was insured by American Indemnity (they had policy coverage of up to $5,000). Well, when the injured party made a demand within those policy limits, the insurance company declined the offer and the case went to trial. At trial, the jury awarded more than twice the policy limits. Stowers then sued their insurance company claiming that they negligently rejected a demand within policy limits, and as a result were on the hook for the additional monies in excess of $5,000.00 when they shouldn't have been had American Indemnity acted like a prudent insurer. The court agreed and created the doctrine we all know now as the Stowers doctrine, which creates liability on the insurer only if they negligently reject a demand within policy limits that fulfills the requirements of Stowers.

What are the Stowers requirements?

First, you must be within the scope of the coverage. Secondly, the demand must be within the policy limits available and must release the insured fully. Lastly, Stowers requires that a prudent and ordinary insurance company would have accepted the demand.

Stowers demands are often a great way to put pressure on an insurance company in an attempt to settle the case reasonably within policy limits. However, our attorneys are very experienced with Stowers demands, and if you, a friend, or a loved one have been involved in a car accident, motorcycle accident, truck accident, product injury, or any other injury incident please call the lawyers at Zinda & Davis in order to get a free evaluation and discuss your potential legal rights.

University of Texas Soccer Player Injured in Hit-and-Run

Austin Personal Injury Attorney — Sun, 19 Feb 2012 23:47:00 GMT

On the early morning of February 3rd, 2012 Kylie Doniak was crossing the street with a group of friends when she was struck by a vehicle that ran a red light, according to The Brownsville Herald.

Doniak, a University of Texas soccer player, is in critical condition after being struck by an intoxicated driver in downtown Austin. Reports detail the driver of the vehicle to have driven several blocks down the road before they stopped. Once the vehicle stopped, witnesses reportedly kept the driver there until authorities came to investigate the matter.

Doniak was immediately rushed to Brackenridge Hospital downtown. Additionally, two of Doniak's friends were injured in the incident, although they did not sustain life-threatening injuries.

If you or a loved one have been involved in a pedestrian accident or drunk driver accident, please call an experienced attorney at the law office of Zinda & Davis that can aggressively and compassionately fight for your legal rights.

Common Dog Bite Law Questions

Austin Personal Injury Attorney — Sun, 19 Feb 2012 23:29:00 GMT

Unfortunately, our office often receives calls from individuals or their family regarding a dog attack or dog bite that they've recently experienced. Texas has seen an increase in dog-related incidents over the past several years, and oftentimes these attacks result in serious and sometimes permanent injury.

Here are answers to several questions our office receives regarding a potential dog bite injury claim:

1. How do I show that the owner of the dog was liable?

ANSWER: Texas is what is referred to as a 'one-bite' state. What this means is that the owner of the dog would have to have known, or at least should have known, of a previous attack/dog bite incident or know that the dog had a propensity to do so.

2. What if I can't show that the dog already had attacked someone else?

ANSWER: In Texas, there several additional ways you may be able to recover in a dog bite claim. First, you may be able to bring an ordinary negligence claim. This may occur in an instance where a pitbull is kept around children at a place of business, and as a result the dog attacks and injures the child. Furthermore, you may have a negligence per se cause of action. This occurs when there is negligence based on a violation of a statute, regulation, or law. This often comes into play in areas where there are leash laws. Several leash laws around the state prevent dogs from leaving their owner's land unless they are on a leash. As a result, oftentimes dog attacks in your own neighborhood may be pursued based on negligence per se.

If you have any questions after you or a family member or friend have been involved in a dog bite or dog attack, please call an experienced Austin dog bite lawyer at Zinda & Davis by calling our office. We compassionately and aggressively represent many dog bite victimes across the state in their attempts to be made whole as a result of their injuries.