Texas Personal Injury Law Blog

On Thursday, April 15, 2010, a man was killed in a motorcycle accident when he lost control on a Dallas freeway. According to an article on MyFoxDFW, the 31-year-old man had been riding a high-speed performance motorcycle northbound on Stemmons Freeway (I-35E) and lost control on a curve near the Oak Lawn exit. Investigators say that he crashed into the guardrail, causing the Suzuki Hayabusa to roll several times. The man was pronounced dead at the scene. No further information about the accident has been provided.

Suzuki Hayabusa is said to be one of the fastest motorcycles available on the market, being able to reach top speeds of 200 miles. Motorcyclists are 21 times more likely to lose their life in an accident than someone driving a car. Moreover, they are four times more likely to be seriously injured. This is because motorcyclists do not have the same level of protection as a car.

In 2006, nearly 5,000 people were killed in motorcycle accidents. In a study conducted by the University of Southern California and the National Highway Traffic Safety Administration, the prevailing cause of motorcycle accidents is due to a failure to see or recognize motorcycles in traffic. Often times, drivers do not see a motorcyclist until it is too late to avoid collision. This is commonly considered negligence.

Victims in Dallas motorcycle accidents where a driver is deemed negligent are entitled to recover compensations for any financial losses sustained as a result of the accidents. In more serious cases, wrongful death suits may be filed against negligent drivers.

According to an article on Southeastern Record, the family of a minor, who was involved in a catastrophic personal injury accident on November 4, 2009, claims that General Motors (GM) is at fault. The accident occurred in Tyler, Texas when the driver of a 1998 Chevrolet Blazer swerved to avoid hitting a large dog in the road, causing the vehicle to rollover. One of the passengers in the car, a female minor, sustained serious injuries and had to have her right arm amputated above the elbow.

Her family is now suing GM, arguing that the vehicle did not have adequate protection for rollover accidents and is “unreasonably, dangerously defective,” causing unnecessary rollovers during normal operating conditions. The lawsuit was filed April 13, 2010, and the plaintiff seeks damages for lost wages, pain and suffering, punitive damages, medical expenses, mental anguish, costs of suit and interest.

Rollover accidents in Texas, like this one, can lead to serious and catastrophic injuries, leaving victims suffering for years. Here are a few tips on how to prevent a rollover accident:

• Do not drive erratically.
• Be aware of your surroundings, including pedestrians, animals, other drivers and road defects such as potholes and gradation changes.
• Do not drive intoxicated, tired or on medication.
• Obey all traffic laws.

If a vehicle is deemed defective, then the car manufacturer, designer and retailers may be held liable for any accidents incurred. Manufacturers are required to ensure that their products are safe for consumers. If they are not safe, victims of product defects are entitled to seek compensation.

On Thursday, April 8, 2010, several vehicles crashed on a Highway 121 bridge in Carrollton, Texas according to a report by KDFW Fox News 4. The accident involved a tractor-trailer, a dump truck and a pickup truck on the eastbound lanes of the highway near Interstate 35E on a section commonly known as the Sam Rayburn Tollway (SRT).

A North Texas Tollway Authority dump truck struck a semi that was hauling 40,000 pounds of cargo heading northbound on 35E to eastbound 121. After the initial collision, the semi jackknifed and was hit a second time by a pickup truck.

A fire ignited the three vehicles, causing severe damage to the affected area. The cab of the tractor-trailer was seen dangling over the bridge, attached loosely to the rig. Fortunately, the driver was able to safely escape. Firefighters were called on scene to extinguish the blaze. One of the victims was transported to a local hospital for minor injuries.

Traffic had been delayed for seven hours during cleanup and investigation. All northbound and two southbound tollway lanes remained closed as well as the entrance ramp from northbound I-35 to northbound SRT.

Multi-vehicle accidents, especially ones including large commercial vehicles such as semi trucks, dump trucks and buses, can be devastating to all parties involved. As with many motor vehicle accidents, injuries sustained may not be apparent until the second or third day after the accident.

Regardless of the severity of the injuries, you may be entitled to recover compensation for your losses and traumas. Carrollton personal injury claims involving car and truck accidents require experienced legal counsel and investigation to ensure that your rights are protected.

According to an article on KWTX.com, two men were killed in Clifton, Texas on Thursday, April 1, 2010 when a train struck a pickup truck towing a trailer. The Department of Public Safety investigated the accident, which occurred on County Road 3221 off FM 1991. The driver appeared to have traveled around a railroad crossing sign before the collision. Witnesses indicated that the impact caused the trailer to overturn. No further information was provided.

Although not as common as car accidents, train accidents in Texas can often be destructive. Common railroad accidents are caused by mechanical failures, derailments, improperly maintained tracks, driver fatigue and collisions with passenger vehicles. Drivers and pedestrians should be aware of trains and take care to prevent an accident. Here are a few train accident prevention tips from the Federal Railroad Administration that can help save your life:

• Expect a train to come at anytime on any track regardless of signs.
• Trains cannot stop quickly. Once the emergency brake is activated, trains can take a mile or more before being able to stop.
• Keep an eye out for second or third trains at multiple track crossings.
• If your car stalls on the tracks, get out of the vehicle and walk away at a 45-degree angle toward the direction the train is coming so as to ensure that debris will not injure you.
• Trains are three feet wider than the tracks on each side. So, be sure to leave enough space between your vehicle and the crossing.
• Do not cross tracks unless there is a designated railroad crossing.

A teen whose leg was cut off by a propeller in a 2005 boating accident on Lake Austin has been awarded $3.8 million in damages and medical expenses by a federal jury. According to a statesman.com report, jurors decided on April 5, 2010 that the boat manufacturer, Brunswick Corp., held over half the fault for the accident and the teen’s injury. Despite the verdict, Brunswick representatives affirm the safety of their products, which according to them, “are used safely and properly by boaters around the world.” Most of the compensation awarded to the teen is intended to pay for past and future medical costs. $100,000 was awarded for the teen’s disfigurement and $264,000 was given for physical pain.

Responsibility for the boating accident was also attributed to the injured teen and the driver of the boat. Apparently, the driver of the boat was unaware that the teen was in the water behind him, and put the boat in reverse. As a consequence of this action and since the manufacturer of the boat and motor did not provide safety devices (guards or covers), the teen’s right leg was cut and twisted by the propeller. Based on the report, a few medical professionals referred to the teen as a “one-in-a-million survivor” since the propeller cut deep into his flesh, muscle and bone. The teen suffered significant blood loss and was in cardiac arrest for at least 45 minutes.

The plaintiff’s lawyer stated that the jury’s decision is the first victorious case against the boating industry for an individual hurt by a motor. It was a U.S. Supreme Court decision in 2002 that permitted these types of cases to be pursued.

With springtime in full-swing and summer just on the horizon, the importance of boating and watercraft safety cannot be emphasized enough. Before hitting the water, please be sure that you discuss safety, first aid, CPR and even overboard communication and rescue with your passengers, family and friends.

Workplace accidents happen every day despite safety regulations being enforced on a state and federal level. But this is no excuse for preventable catastrophic injury and wrongful death to employees who dedicate their entire lives to a company. Several updates have been provided on a daily basis since the recent coal mine explosion in West Virginia took place. At least 25 workers have been killed.

Based on one Nevada Appeal news story, rescuers have drilled into the Upper Big Branch mine in an effort to release some of the poisonous gas that was released. Rescue crews are hoping to make a safe passage into the coal mine and search for any potential survivors of the explosion. At the time of the article’s release, four workers were reported missing.

In what is the most terrible mining accident in the United States within the last twenty years, family members of those who have been lost, other miners, government officials and citizens throughout the nation are left wondering what can be done to make sure a tragedy like this does not happen again.

According to reports, an accumulation of methane due to improper ventilation may have caused the explosion. What is especially unnerving is that the Upper Big Branch mine has previously been cited for issues with its ventilation system, which is supposed to accurately get rid of highly combustible gas. An Associated Press analysis of mine safety records stated that similar to several other operators of mines, owner Massey Energy Co. has often avoided serious fines by actively appealing safety violations at the mine. The Mine Safety and Health Administration has assigned a team of investigators to examine the circumstances surrounding this explosion.

Wrongful death caused by workplace accidents can devastate families and cause much sorrow. Because these tragic accidents are so unexpected, family members of wrongful death victims are left to cope with the loss of a loved one in addition to potential financial strain. Although no amount of money can ever replace the ones we love, Texas wrongful death claims may help families recover compensation for loss of consortium and companionship as well as financial damages.

According to a recent Star Telegram article, a 52-year-old maintenance worker at Fort Worth’s Dannon plant died six days after suffering blunt force head and chest injuries during a mechanical entrapment accident. While an independent investigation into the fatal work accident in Forth Worth is being conducted by the Occupational Safety and Health Administration (OSHA), Dannon is also evaluating what conditions may have caused the worker to become pinned by a scissor lift in the plant.

While Dannon claims that they are currently working to thwart similar accidents from happening again, the company also speculates that the accident may have been caused by either equipment failure, the worker inadvertently falling on the scissor lift controls, or another undetermined reason. Any worker injured on the job in Texas may be able to file a workers’ compensation claim with their employer. If it is determined that a third party, such as the manufacturer of defective equipment, was negligent and caused a work injury accident, the injured worker may be able to seek compensation for medical bills, pain and suffering, and loss of past and future wages. Similarly, family members of deceased workers may also seek various forms of restitution for both their loss and the potential financial repercussions associated with losing the family’s primary breadwinner.

OSHA worker fatality statistics reveal that approximately 5,071 workers in the United States died on the job in 2008. Despite state and federal safety regulations and required employee training procedures, some employers or site managers may rush through safety training procedures, overlooking their important responsibilities and displaying an outright disregard for the well-being of their employees.

A March 4, 2010 myfoxdfw.com article reported that a male motorist was killed in a single-vehicle accident at the entrance of the Cedar Crest Park Golf Course. According to the article, investigators covering the accident believe that the man was operating his SUV above the speed limit when driving along Cedar Crest Blvd. At the time of the article’s release, the fatal collision appears to have stemmed from the motorist running a stop sign, traveling onto the curb, and then crashing through a fence and into a tree with tremendous force. As a result of the serious impact of the fatal crash, the engine of the SUV was entirely stripped from the vehicle.

Whether an auto accident in Dallas involves one vehicle or multiple cars, the consequences of high-speed crashes can be devastating for drivers, passengers, and pedestrians. Although it is unclear whether the motorist in the above incident was operating his SUV while under the influence of alcohol, drunk drivers cause far too many injury and fatal crashes on Texas roads each year. According to the Texas Department of Transportation, there were 3,109 fatal crashes in 2008, in which 877 were caused by a motorist driving while under the influence of alcohol. During the same year, 611 people lost their lives in accidents along city streets.

At Steele Law, P.C., our skilled Dallas car accident law firm has helped those injured in collisions caused by another driver’s negligence or distracted driving practices. We understand the many emotional, physical, and financial challenges that auto accidents often pose for injury victims and their families.

Based on an Associated Press article, the family of a 49-year-old Dallas police officer who was killed after being thrown from his motorcycle in a 2008 incident has filed a wrongful death lawsuit against multiple parties. Reportedly, the officer fell from his bike after hitting a curb and colliding with a guard rail. The suit has been filed against Hillary Rodham Clinton, whom the officer was escorting in a motorcade, the city of Dallas, and the maker of the helmet he was wearing while riding the motorcycle. According to the article discussing the Dallas motorcycle suit, the officer’s widow and children claim that the city of Dallas did not provide him with adequate training for escorting a motorcade, that Clinton and her campaign did not give proper notice for motorcade assistance, and that the helmet he was wearing was flawed. The motorcycle victim’s family is seeking damages that include the loss of monetary support, because the officer was the primary wage earner in the family.

The above case demonstrates the risk that some helmets may be defective due to inaccurate design or an overlooked flaw from the manufacturing process. In addition, even when a motorcyclist correctly wears a helmet that is approved by the Department of Transportation, he or she may endure serious brain injury or even death, depending on vehicle speed and the surrounding elements. Nevertheless, wearing a helmet (and protective clothing and gear) greatly decreases the chance of injury and death for motorcyclists.

Riding a motorcycle can be an enjoyable experience; however, many risks are involved, especially when considering the lack of protection one has against surrounding vehicles and the surfaces of a roadway in the event of a motorcycle collision in Dallas, Texas. The importance of knowing how to operate a motorcycle efficiently and safely cannot be emphasized enough. However, other motorists must remember that they have the responsibility of sharing the road with motorcyclists.

Only days after the U.S Department of Transportation announced on March 2, 2010 that 52 fatality reports have been connected to sudden acceleration accidents involving Toyota vehicles, a Wall Street Journal article highlighted a lawsuit being filed against Toyota. According to the article, the suit is on behalf of a family who was killed when the 2009 Lexus they were traveling in accelerated out of control at 120 mph along a freeway in San Diego, California.

Amidst a vast series of congressional hearings and national recall notices now totaling 8.5 million vehicles, this particular Toyota wrongful death suit may be one of the most challenging for Toyota to defend themselves against. The reason being that legal experts have said that the Lexus vehicle involved in the fatal crash was on loan from a dealership, and therefore should have been safe to drive. In a previous incident, the driver of the same vehicle had informed the dealer that the accelerator had become stuck while being driven. Furthermore, the article also points out that this particular model of Lexus vehicle had been equipped with thick floor mats intended for another type of vehicle design.

In reflecting on the serious scope of Toyota’s recalled vehicles, it is uncertain how many other accidents involving recalled Toyota and Lexus models may have been caused by unintended acceleration prior to the gas pedal defects being announced. Reportedly, the class-action status lawsuits that were filed for each wrongful death claim may potentially result in millions of dollars as compensation for damages.

The Texas personal injury and wrongful death firm of Steele Law, P.C. has assisted injured individuals and family members of wrongful death victims afflicted by auto accidents and defective products. We pride ourselves in treating our clients like family, and are dedicated to helping those afflicted by another person’s negligence receive the compensation they deserve.

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With so much recent news regarding gun control, I felt compelled to add my own two cents. 

Oddly “gun control” typically takes the form of disarming responsible citizens, rather than helpful and sensible controls like the Brady Bill.  I strongly support better education in proper gun use.  I would fully support legislation that required one to take a gun safety course before being permitted to purchase a firearm.  Nonetheless, I also recognize the fact that history, studies of disarmament laws enacted in England, and logic all tell us that completely disarming responsible citizens will lead to increases in crime and tragic loss of life.  A responsible citizen does his or her best to abide by the laws of our state and nation.  If laws were enacted which demanded that citizens surrender their firearms, most innocent and responsible citizens would comply, even if they did not agree with the law.  Criminals, of course, would not comply and would remain armed.  The loss of our Second Amendment Right to Bear Arms would lead to a nation in which only the criminals are armed.

I grew up on a farm.  Guns were as common as telephones . . . and our home certainly had more of the former.  These guns were not locked away or fitted with trigger locks, nonetheless, neither I nor my brother dared touch them while we were children.  Instead of hiding away these guns (which can lead to creating an unhealthy fascination for children), they were in plain view.  My brother and I were taught that guns are dangerous and that we were never to touch them.  On the farm, we witnessed these guns being used to protect our family’s horses and cows from preditors such as wolves, which left us with no doubt as to their deadly effect.  Guns are always present in a typical farm town home . . . a gun rack might be displayed above the television in the family living room.  It is a common sight and neighbors and visitors are never surprised or uncomfortable.  Every farm town home has firearms and that fact is well known within the community.  The knowledge that every homeowner is armed seems to serve as a strong deterrent to crime.  To this day, in the farm area where I grew up, few people lock their front door (even when away for the day).  Cars are left in the driveway, unlocked and with the key in them.  Theft is practically unheard of there and I’ve never known of an armed robbery to occur in that area.

On the flip side, farm town children are taught to properly handle guns.  (As an aside, we were also taught how to properly handle knives.)  Although “fun” games like laser tag or paint ball were not in existence when I was a child (Pong was advanced technology at the time), had it been in existence, my brother and I would have never been allowed to play them.  We did have toy guns, cork guns and cap guns were always a favorite, BUT we were taught to NEVER point our toy guns at a person.  My brother and I were punished appropriately, with our toy guns being taken away, if we even accidentally pointed our toy gun at another person.  We were always taught that guns are NEVER, EVER to be aimed at people, even if they are toys, even if they are unloaded — accidents can happen and you just never take that chance.  In my lifetime, I’ve never known of a child to have an accident with a firearm in the country town where I grew up.  

As a young adult, I learned the proper use of a gun.  I was taught how to shoot at a gun range and taught the importance of proper cleaning and care of a gun.  If someone asks to see your gun, it is first unloaded, and then handed over carefully with the empty cylinder open.  The safe use of a gun cannot be over emphasized.

Chilling tragedies like the Columbine High School and the Virgina Tech massacres can cause those who have not learned a to have a healthy respect for firearms to believe that the best answer is to ban them.  I don’t blame anyone for having this initial gut reaction, particularly if they’ve never owned a firearm or been properly educated about their use.  Slogans such as “guns don’t kill people, people do” have limited effect against that gut reaction which leads us to believe that fewer people would have been slaughtered if the killer hadn’t had a gun.  Yet, let us never forget the thousands of lives lost on September 11, 2001, at the hands of terrorists armed only with box cutters.

A recent occurrence has highlighted the tremendous benefit of arming “the good guys.”  Nonetheless, with the majority of the media supporting the abolition of our second amendment right to bear arms, this crucial aspect of the recent thwarted massacre seems to have received little coverage.             

–  On Wednesday, June 10, 2009, a crazed 88 year old anti-Semitic walked into the crowded U.S. Holocaust Memorial Museum and opened fire.  Guard Stephen Johns lost his life in the attack.  The loss of this one life is certainly a senseless tragedy.  The aspect of this horrific event that received little media coverage is that fact that another armed security guard quickly reacted by utilizing his own firearm to disable the shooter and put an early stop to what was clearly planned by the gunman to be a massacre of monumental proportions.  The museum was filled with school children and tourists.  Had this heroic security guard not been armed, had he not acted quickly, our nation would still be in overwhelming shock and mourning at the loss of the lives of hundreds of innocent children and visitors.  On June 10, 2009, the improper use of a firearm by a crazed lunatic led to the unfortunate loss of the life of one heroic man, Guard Stephen Johns . . . and THE PROPER USE OF A FIREARM BY ANOTHER HEROIC GUARD SAVED THE LIVES OF HUNDREDS MORE.  Unfortunately, there is not always a heroic guard nearby when tragedy strikes.  No guard was nearby at Columbine High School or Virgina Tech when the deranged madmen made their attacks; yet, had there been a properly armed citizen present, the death tolls would have likely been minimized just as they were at the U.S. Holocaust Memorial Museum on June 10, 2009.

My undergraduate degree is in Philosophy.  I have a deep love of learning and believe strongly in learning all the facts from each side of an argument before reaching a conclusion.  On issues such as “gun control,” it is easy to make emotional decisions that are based upon one’s gut feelings.  Yet, the issue is too important to rely solely on one’s gut feelings.  Do the research.  Listen to the reasoned and educated arguments from both sides.  Ignore the fanatical rantings that are certain to be espoused on both sides of any important issue.  If you do not own a gun and have never used a gun, take a gun safety course.  Doing so does not mean that you must purchase a gun, most facilities will rent a gun to you for purposes of taking the course.  If you believe in disarming citizens, taking a gun safety course does not mean that you must give up your beliefs.  Taking a course and educating yourself about the proper use of these weapons will simply allow you to make a more informed decision.  If after learning about the proper use of a firearm you continue to believe that responsible citizens should lose their Second Amendment Right to Bear Arms, then your belief will be based upon a more educated evaluation of the facts — which is all that persons such as myself ask of you.

In the rush to reduce fule costs and “go green” many small cars, such as the Smart car, have come onto the market.  I’ve said many times that the Smart car will not seem so smart to any driver who has the misfortune of being involved in an auto accident.  New crash tests conducted by the Insurance Institute for Highway Safety have confirmed my beliefs.  These minicars simply cannot protect their occupants in a car wreck as well as bigger, heavier cars.  Three crash tests between minicars and midsize cars from the same manufacturer show how the minicars are literally thrown about when involved in an auto accident. 

 Click here to access the news release and crash test results.

Nursing home neglect and abuse are a tremendous problem in America.  This problem is even greater in Texas, where the average standard of care provided by nursing homes is significantly lower than the national standard of care.  I’ve worked on horrible nursing home cases, such as a case in which the patient was dropped by by the nurse’s aids and then kicked repeatedly for screaming from the pain of the resulting broken bones.  The possibility that each of us could eventually be left in the care of a nursing home during our elderly years is an extremely frightening thought.  Yet, when a loved one needs around the clock care and supervision, nursing home care may be the only viable option.  In that case, how can we determine which nursing homes offer the best level of care for our loved ones?

Unfortunately, there are no guarantees when choosing any nursing home facility — even the very best rated facility can be found to engage in abuse or neglect.  Nonetheless, there is consumer information available to allow individuals and their family members to evaluate and compare nursing homes so that an informed decision can be made.

The Texas Department of Aging and Disability Services is a good place to look when considering a nursing home.  This site allows you to locate and compare nursing homes in a given area.  The information provided is based upon past inspections of the facilities.  Each facility receives an over all score of 0 to 100, with 100 being the highest possible score.  The inspection information for the facility can be reviewed in order to gather information on past violations and how the facility compares to the national and state averages on particular points, such as the average amount of skilled nursing care received by each resident per day.  The site is not the easiest to maneuver.  In order to conduct a search, click on the “Find and Compare Longterm Care Providers” link to the left of the homepage screen and then select the type of facility that you are interested in, such as “All Free-standing Nursing Homes.”  On the next page, select whether you want to search by county, city, zip code, etc. and put in your search parameters.  I suggest that you start with county searches, as these searches will allow you to compare a greater number of facilities per page in a given area.  When reviewing a nursing home’s investigation summary, be sure to click on the “Supplemental Page” and “Nursing Home Compare” links at the bottom of the nursing home’s investigation page.

Of course, gathering this information should just be the beginning of your investigation of a particular nursing home and determining whether the facility is the best place for your loved one.  You should definitely visit the facility and ask questions about how the facility is suited to meet your loved one’s particular needs.  Make certain that you also visit more than one facility so that you will have a better basis for comparing them.

 After you have selected a nursing home for your loved one and your loved one is living at the facility, be certain to visit often.  The single best way to prevent abuse and neglect is to visit often and make certain that the nursing home staff knows that you are checking in on your loved one regularly.  Talk with your loved one about the care that he or she is receiving and investigate further if your loved one gives unclear or evasive answers.  In the case of nursing home abuse, patients are frequently afraid to disclose what is happening to them.  Also, be sure to physically examine your loved one regularly.  Bed sores are a tremendous problem in nursing homes and can be deadly.  I’ve seen many cases in which the family didn’t realize that their loved one was developing a bed sore because they did not see the bed sore on their loved one’s legs or torso, which were typically covered by blankets during the family members’ visits.

             When dealing with insurance companies, it is important to understand a few of their secrets so that you can get the settlement you deserve: 

• Insurers make money in part by denying you benefits. They may try to discourage you from seeking medical treatment (especially from chiropractors), or they may tell you that rental car coverage is limited to a set number of days. In most cases, this is not true, and, if you are not at fault, you are entitled to have all of your reasonable damages and expenses covered.

• Insurance companies track every claim you make. When dealing with an insurance company, assume that it knows the history of every claim you have ever made, even if a claim was with a different company. 

• The adjustor is not your friend. Despite his protests, he is not there to help you—he is there to reduce the insurance company’s payment as much as possible. You are also not required to give an adjustor a recorded statement or a medical authorization. If you feel you are not being treated fairly, it may be time to get an attorney involved.

I’ve written a number of posts on insurance subrogation and how our government is protecting the insurance companies at the expense of innocent victims.  The tragedy of insurance subrogation is that if a person is injured as a result of the negligence of another person (such as through an auto accident or medical malpractice) and the victim brings suit against the person who caused the injury, then the victim’s health insurance company sweeps in to snatch up the money received from any settlement or verdict.  If the health insurance company falls under the Federal Government’s definition of an ERISA plan (which most do), Federal law says that the health insurance company is entitled to a full reimbursement of any money that it paid out for the victim’s medical treatment — Even if this means that the victim is left with nothing.  Of course, the health insurance company does not pay the victim back for the thousands of dollars that the victim paid the health insurance company in premiums!  The link below is for a news video detailing a case in which a widower was the victim of ERISA subrogation.  The news story gives an excellent portrayal of how insurance subrogation applies to the detriment of innocent victims.  I highly recommend this video:

 News Cast on ERISA Subrogation Victim