Posted on July 10, 2025 in Personal Injury

A car crash with a drunk driver can leave you injured and unsure about how you will handle the financial consequences. Medical bills, car repairs, and lost work can pile up fast. You have rights under Texas law, and knowing them can help you get the compensation you need and deserve. An El Paso, TX car accident attorney will guide you through your legal options and ensure your claim matches the losses you incurred.

Criminal vs Civil Cases for a Drunk Driving Accident

When someone drives drunk and causes a crash, two legal cases often follow: criminal and civil. The state of Texas brings a criminal case against the driver because Texas Penal Code § 49.04 makes it illegal to drive while intoxicated. If the driver is found guilty, they could face jail time and fines, and might lose their driver’s license. However, having the drunk driver go to jail does not pay for your injuries or property damage.

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 Posted on June 30, 2025 in Car Accidents

If you were injured in a crash and suspect a defective tire played a role, it is important to understand your rights under Texas law. Tire blowouts can result in severe injuries or fatalities, and in these cases, the fault may lie with the manufacturer or another third party. An experienced El Paso County, TX car accident attorney can help you investigate the issue and pursue compensation through a product liability claim when appropriate.

How Can a Tire Failure Cause an Accident?

Tire failures can occur suddenly and without warning, especially when they result from manufacturing or design defects. Common issues include tread separation, sidewall blowouts, and poor adhesion between tire layers. These failures can lead to a sudden loss of control, rollovers, or multi-car collisions.

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 Posted on June 15, 2025 in Wrongful Death

The laws that govern wrongful death cases in Texas can be challenging to understand. However, the purpose behind these claims is to ensure survivors of those killed by someone else’s actions can access the financial support they need in the aftermath of the death.

If you recently lost a loved one and another party is at fault, an El Paso County, TX wrongful death attorney can help you navigate the complexities of recovering damages and will protect your rights throughout the process.

What Qualifies as a Wrongful Death Under Texas Law?

According to the Texas Civil Practices and Remedies Code, a "wrongful death" occurs when someone suffers an injury that causes them to die, and the injury is caused by someone else’s negligence, wrongful act, default, carelessness, or unskillfulness. Additionally, the injured person must have been eligible to file a personal injury lawsuit against the at-fault party for their injuries and damages if they had lived. This law also applies if someone is responsible for a fetus’s failure to be born alive.

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 Posted on May 22, 2025 in Personal Injury

Any time you use a product you purchased, you expect it to be safe and effective. Unfortunately, that is not always the case. In Texas, victims of defective products have the right to hold the manufacturer responsible by seeking compensation for the losses they sustained, including the cost of medical expenses, lost income, and the pain and suffering they endured. 

When you work with an experienced El Paso County, TX product liability attorney with James Kennedy, P.L.L.C., they will help you navigate the legal process and ensure your claim matches the magnitude of your losses. More importantly, they can explain the complex laws that govern these cases.

How Does Strict Liability Impact a Texas Product Liability Case?

Under the Texas Civil Practice and Remedies Code, a product liability action refers to any action taken against a manufacturer or distributor to recover damages that arise from a personal injury caused by a defective product, including actions based on strict product liability. 

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 Posted on May 08, 2025 in Personal Injury

Suffering a spinal cord injury is life-altering under any circumstances, but when it happens because of someone else’s negligent actions, it can be even more devastating. While there is nothing Texas personal injury claim can do to fully restore what was lost, a claim does offer a legal avenue to financial compensation, and an experienced El Paso County spinal cord injury attorney can help you navigate the process of filing a personal injury claim and hold the at-fault party from your accident accountable for their actions.

What Will a Personal Injury Attorney Do for a Spinal Cord Injury Claim in Texas?

Your attorney acts on your behalf throughout the claim process. This means you will not have to communicate with the insurance company, which is not always cooperative when someone files a substantial claim. Your lawyer will file the claim for you, ensuring that it includes all required documentation, and negotiate with the adjuster for a settlement, holding the company accountable if they use any bad faith tactics like providing a low offer. If necessary, they will also pursue a lawsuit, representing you in court and building your case.

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 Posted on April 24, 2025 in Truck Accidents

Drivers share the road with millions of semi trucks in Texas every year. They rely on these trucks and the parties responsible for them to maintain safe practices, loading and driving them with care. Loose cargo truck accidents can happen under many different circumstances, and the victims of improperly loaded cargo can suffer serious injuries and damages as a result. If you are dealing with the aftermath of a truck accident caused by loose cargo, an El Paso County, TX truck accident attorney can help you navigate complicated liability laws and recover compensation for your losses.

What Are Common Ways Cargo Mistakes Can Cause Truck Accidents?

Overloaded or improperly secured cargo can result in truck accidents in several ways:

• Loss of control: An overloaded truck is more difficult to control, affecting the ability to make turns, steer properly, or change lanes.

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 Posted on April 11, 2025 in Car Accidents

Uber, Lyft, and rideshare accidents can happen just as easily as any other type of car crash. In Texas, the person responsible for a typical accident should be liable for the damages, and their insurance company should pay. However, the insurance aspect can be slightly more complex in cases involving rideshare drivers. If you sustained losses as the result of an Uber or Lyft driver’s negligence, our Texas rideshare accident attorneys may be able to help you recover compensation. 

How Is Fault Determined in a Rideshare Accident?

The police are the first on the scene to assess fault in an auto accident case. Determining liability is sometimes simple, especially if one driver clearly violated a traffic law that resulted in the crash. The officers will interview witnesses, talk to the people involved, collect physical evidence, and review footage of the crash when available. Their goal is to verify the sequence of events that led to the accident before submitting their report, which can often include their fault determination and documentation of any traffic violations issued at the scene.

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 Posted on March 26, 2025 in Car Accidents

On March 23rd, 2025, a collision between a vehicle and a motorcycle in East El Paso sent the biker to an area hospital with life-threatening injuries. The vehicle’s passenger was also taken to a hospital for evaluation, indicating that injuries to that person may not have been serious. It is not uncommon for bike riders to be seriously hurt or killed in motorcycle accidents while people inside cars only have minor injuries.

Many factors can combine to cause catastrophic injuries to motorcyclists. One of our dedicated El Paso, TX motorcycle accident lawyers can help you collect as much compensation as you deserve.

Why Are Bikers More Likely to Get Hurt Than Car Drivers?

When you are inside a vehicle, you have seatbelts and airbags that provide some protection if you are involved in an accident. The vehicle’s structure also prevents you from being hit directly, further cushioning the blow.

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 Posted on March 11, 2025 in Personal Injury

Spring break in El Paso has many families taking short trips or visiting nearby attractions to enjoy the time away from school. Amusement parks, miniature golf courses, and water parks are prime destinations with plenty of rides and activities to choose from. When you visit attractions like these, you expect to be in a safe environment. Unfortunately, accidents can bring your fun-filled day to an abrupt halt.

If you or your child are injured at an amusement park or similar attraction, you may qualify for compensation by filing a premises liability, product liability, or personal injury claim. The type of claim you could file depends on the circumstances surrounding the accident. A knowledgeable El Paso County, TX personal injury lawyer will investigate your incident and help you pursue all potential sources of compensation.

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 Posted on February 26, 2025 in Car Accidents

Because they are top-heavy, tractor-trailers can roll over easily. However, passenger vehicles and pickup trucks can also roll over, frequently causing extremely serious injuries and fatalities. Passenger vehicle rollovers are more common than you might think. In fact, a fatal rollover crash happened in El Paso on February 1st of this year, with another rollover crash on February 19th sending one person to the hospital with injuries.

Data from the Insurance Institute for Highway Safety reveals that rollover crashes caused 29 percent of U.S. passenger auto occupant fatalities in 2022. Earlier studies put that figure at around 33 percent when occupants are ejected from their vehicles during a rollover crash. These accidents can happen for many reasons, potentially giving you grounds to file a personal injury claim seeking compensation. A determined El Paso County, TX car accident lawyer can handle your claim and work toward maximizing your compensation.

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