The Houston Accident Lawyer Blog

Dump truck brake failure poses a dangerous threat on Houston roads

Sun, 05 Feb 2012 08:00:00 EST

Our Houston dump truck accident attorneys have remarked before upon the ubiquity of dump trucks in our metropolitan area. We've also mentioned how these massive vehicles have the potential to cause catastrophic or even fatal injuries in an accident. Rollovers, collisions, and underride crashes all have the potential to take the lives of occupants of smaller, more fragile vehicles.

This huge potential for costly injury is one of the reasons the law requires dump truck drivers to carry the higher dollar commercial insurance policies. These policies can have up to 50 times the cash value of the average car insurance policy. But dump truck drivers themselves are otherwise fairly lightly regulated. They aren't subject to many of the more stringent safety regulations that affect the drivers of the 18-wheeler tractor-trailer rigs you see.

Indeed, many dump truck companies consist of just a guy and his truck. The lighter regulation on dump truck drivers facilitates their much-needed work in busy modern societies. But as a recent news item points out, it can also lead to multiple accidents. One dump truck driver just drove his Kenworth into a building, only 9 days after having a previous accident.

The U.S. NHTSA and FMCSA data show that poor truck brake maintenance is the number one mechanical cause of heavy truck wrecks. Over 29% of the accidents the agencies studied included poor truck brake maintenance as a component.

Our Houston dump truck accident attorneys emphasize that the brake systems on commercial trucks, whether hydraulic systems, air brake systems, or some other type, comprise a complex assembly of large and heavy components. These truck brake systems require the regular attention of highly trained, skilled mechanics to continue functioning smoothly. Poorly maintained truck brake systems can actually fall apart. When they come apart on the road and a component weighing hundreds of pounds comes flying off the truck at 75 miles pre hour, the impact can tear a car in half. And the truck itself could crush surrounding vehicles as its brakes fail and it rear ends smaller passenger cars.

The air brake systems on many heavy trucks are particularly prone to pressure imbalances if they aren't carefully maintained. These pressure imbalances are to blame for many of the accidents you hear of where the driver loses control of the vehicle and wrecks.

But as long as a truck still drives, owners might be tempted to skimp on brake maintenance to save money. Minor braking problems just don't seem that urgent compared to some other types of mechanical failure. At least not until a catastrophic dump truck accident occurs.

If a dump truck wreck has injured you and you have questions about the accident, contact our Houston dump truck accident attorneys for your free consultation. Our more than 12 years of focused truck wreck injury experience could help you discover if slipshod brake maintenance was one of the causes.

An investigation of the wreck and the dump truck itself could examine the caliper adjustments, brake linings, hydraulic fluid levels, and more to discover whether poor brake maintenance played a role in causing your injuries. You can contact us toll free at 877-307-9500 or through our convenient online contact form to schedule your free and confidential legal consultation with our Houston dump truck accident attorneys.

AZ-based Ray Cammack Shows' Ride Safety, Inspections & Prior Accidents

Sat, 04 Feb 2012 08:00:00 EST

Our roller coaster injury lawyers note that in 2011, after Brian Greenhouse fell to his death from the Hi-Miler roller coaster at the Houston Livestock Show & Rodeo (Houston Rodeo), questions were raised regarding the adequacy of the safety procedures and inspections used by Ray Cammack Shows (RCS). For one thing, the ride operator wasn't actually looking at the ride at the time Mr. Greenhouse fell from the roller coaster car. The law mandates that ride operators observe the ride at all times while it's in motion.

RCS said that it inspects its rides daily for safety. But that inspection process is an automated one, essentially a computerized diagnostic program, apparently designed by RCS. The company manually inspects all its rides during setup and takedown. And it hires an outside consultant to check the rides and safety features periodically. Reportedly in 2011, the outside safety consultant was on site at the Houston Rodeo several times to perform safety checks and inspections. But some riders of the Hi-Miler question whether that's sufficient. Our roller coaster injury lawyers are inclined to agree with those riders.

RCS has experienced some ride accidents in the past. And several accounts indicate that RCS might not report ride accidents and issues as required. For instance, Houston media exposed that in 2004 RCS failed to report injuries received on the Euro Slide ride at the Houston Rodeo that year.

The roller coaster injury lawyers at Denena & Points wonder if anyone still remembers that in 2010, riders of the Hi-Miler at the Houston Rodeo were stuck on the ride for around 45 minutes because a crank shaft bent and automatically stopped the ride. In another incident from a previous year, a rider's head hit the bar on the Hi-Miler. The rider suffered a broken cheekbone and broken nose.

In 2002, a 3-year-old boy fell from the Kite Flyer ride operated by RCS at the California State Fair. The boy suffered injuries from his fall but survived. Reportedly, RCS might have been operating the Kite Flyer ride under a 36-inch height requirement when the ride's manufacturer (Zamperla of Italy) specified a 42-inch height requirement.

Our roller coaster injury lawyers remind you that roller coasters and other exciting, high acceleration rides are never perfectly safe. That's part of their thrill. It's also why ride owners and operators have to take extensive precautions to ensure your safety, make regular and careful inspections of the rides, and report ride problems and injuries so that officials will know if certain rides might be unsafe and need to be recalled. News reports over the years indicate the RCS might have chronic problems ensuring rider safety and reporting injuries and accidents.

If you become injured on a ride at the Houston Rodeo this year, contact our roller coaster injury lawyers for a free and confidential legal consultation. Our Board Certified Houston personal injury attorneys have special expertise with such injury cases and more than 12 years of experiencing fighting for the rights of injured clients. You can reach us at 877-307-9500 or through our online contact form on this web page.

Your First Step to Financial Relief is a Thorough Investigation of Your Accident

Fri, 03 Feb 2012 08:00:00 EST

Houston dump truck accident lawyers know that a diligent investigation of your accident and the site where it occurred forms an essential foundation to almost every successful truck injury claim. An in-depth truck accident investigation serves two primary purposes. The first purpose seeks to uncover all of the contributing factors to your Houston dump truck accident.

You need to combine a thorough analysis of the sequence of events leading up to your accident with an exhaustive review of all that took place during and immediately following the wreck. This careful, sequential analysis could help reveal contributing factors to the wreck that you might initially have missed.

For instance, if a manufacturing defect in a truck tire led to a blowout, the resulting change in vehicle stability might have caused the cargo load to shift. Then the cargo shift might have caused the driver to lose control of the dump truck. In dump truck accidents, cargo shifts or loss of driver control frequently cause the massive vehicles to tip over.

Almost every accident in life has multiple causes. But it requires the experience gained from numerous accident investigations to accurately pinpoint all of the contributing factors in a complex truck accident. The obvious cause of the accident described previously, which began with a tire blowout, would be the driver losing control of the vehicle and the resulting rollover. But an experienced Houston dump truck accident lawyer would know to look further. His diligent efforts could uncover the negligent tire manufacturer and the negligent cargo loading at fault in the matter too.

Identifying all of the parties liable for causing the accident that you could sue gives you more chances of recovering the economic compensation you deserve because of your injuries.

The second purpose of your accident investigation is to gather the evidence you will need to prove your case in court. In a lawsuit for civil monetary damages, like a truck accident injury claim, the burden of proof rests completely on the claimant (you). The defendants need prove nothing; they need merely to defend. If they can sufficiently discredit and undermine your case, they can win and you walk away with nothing.

So you must not wait to bring a skilled Houston dump truck accident lawyer in on your case. Hesitation can be costly. Evidence begins to fade immediately following an accident. Just clearing the scene of a truck accident so that traffic can pass forever alters and destroys some of the evidence you might need. The longer you wait to have a knowledgeable lawyer examine your accident scene and gather evidence on your behalf, the weaker the available body of evidence to support your claim will be.

With the high dollar amounts at stake in a Houston dump truck accident claim, you can be sure that the defendants will use every trick to shift the blame for the wreck back to you. It is not uncommon for these opposing parties to lie, or to alter, hide, or destroy relevant evidence. For instance, truckers desperate to avoid liability have been known to sneak into salvage yards and damage the victims' vehicles to make it look like they were driving without headlights at night to cause the accident. Astute Houston dump truck accident lawyers can ask to review videotapes to catch the evidence of the sabotage. But sometimes tapes get recycled and taped over in just a few days, so you must act at once to secure a competent attorney for your case.

To learn more about the perils and potentials of dump truck accident cases in Houston, download our free book on the essential elements of a winning truck claim. The book is free to our readers; the information it contains could prove quite valuable for you.

It's time for the annual HLSR, fun rides, & better safety precautions

Thu, 02 Feb 2012 08:00:00 EST

Houston rodeo accident lawyers share the excitement: yes, it's almost time for the highly-anticipated Houston Livestock Show and Rodeo, Houston's annual 3-week party. Kicking off with the hugely popular cook-off, the HLSR features long trail rides for dedicated riders, concerts headlining big names, all kinds of Texas foods and drinks to sample and enjoy, the stock show, one of the world's largest rodeos, and yes, the carnival rides by Ray Cammack Shows.

Our Houston rodeo accident lawyers note that for an annual event of its size, the HLSR enjoys an enviable safety record. The HLSR record might exceed that of the Texas State Fair, another of the state's huge, highly anticipated, annual funfests.

But you might remember that last year's HLSR was marred by a tragic, fatal accident that occurred just hours before the event was to close down. Brian Greenhouse, a Houston man, fell 30 feet to his death from the front car of the Hi-Miler roller coaster in 2011. He fell into another man on the way down. Ray Cammack Shows and HLSR continued to maintain that the ride was safe.

Just hours before Greenhouse's fatal fall, a man and his son complained to the ride operator that the restraint mechanism in the front car unlocked and opened during their ride, leaving the man and his son unrestrained. Days before, a woman with a 6-year-old boy made the dame complaints. She was terrified for herself and her son, but said that the ride operator essentially ignored and dismissed her complaint.

In 2009, another woman, this one with a 4-year-old daughter, had complained after the lap bar had completely released while they were riding in the front car of the Hi-Miler. She complained to ride operators at HLSR, but the operators never reported the problem to the state as required. The woman reported the incident to the Texas Department of Insurance.

Our Houston rodeo accident lawyers just wanted to remind you before HLSR kicks off again that roller coaster accidents, while rare, are often fatal or deeply debilitating on the occasions when they do occur. And traveling amusement ride shows might not be as careful for your safety as you might like. Per passenger mile, roller coasters actually have more fatal accidents than passenger trains, planes, and buses.

So always think twice before you step onto thrilling and potentially deadly amusement rides. Fortunately, the Hi-Miler will not play at this year's HLSR, but there is no guarantee that it won't return in future years. And our Houston rodeo accident lawyers suggest that if fate tries to put you into the Hi-Miler's first car at next year's HLSR, you might want to wait for the next coaster. And if you suffer harm from a ride accident at the Rodeo, feel free to contact us for a complimentary, no-obligation legal consultation. We're here to help innocent victims who suffer undeserved harm because of profit-oriented ride owners' negligence.

Insurance adjuster tactics against a Houston dump truck accident claim

Tue, 31 Jan 2012 08:00:00 EST

Our Houston dump truck accident attorneys point out that bottom line-conscious insurance companies defending high dollar value insurance policies will be motivated to do all they can to minimize or deny your claim: You might not realize that the value of a dump truck liability policy is probably about 50 times greater than the value of your car insurance policy.

Such high dollar liability coverage proves necessary because the damage caused by a dump truck in a wreck can be so much more extensive than that caused by an ordinary passenger car. So insurance companies stand to lose large amounts of money if they must pay out on your major dump truck accident claim.

The insurance company’s first line of defense is the high-pressure insurance adjuster. The adjuster might badger you relentlessly to try to get statements to use against you as admissions of your own liability for causing the accident. Even the most innocent statements can be artfully twisted to mean something other than what was actually meant. And you can be fairly certain that any statements you make are being recorded.

Texas follows the doctrine of modified comparative negligence. This doctrine holds that a victim found to be at least 50% of the cause of his accident cannot sue anyone else for compensation from the accident. So if the insurance company can find a way to show that you were at least half responsible for causing your accident with the dump truck, then it doesn't have to pay you. Our Houston dump truck accident attorneys caution that you should not speak to the opposing parties (including the insurance adjuster) directly. Hire an attorney to handle all contacts with the defendants and their insurers for you.

The insurance adjuster will also take advantage of your inexperience in such matters to try and get you to sign away your rights. If he can’t get you to release your rights completely, then he might offer you a quick cash settlement. We know that a quick cash settlement looks good in the aftermath of a serious accident when your expenses are usually piling up quickly.

But don’t take the settlement. If you accept it, you also relinquish your right to make any further claim for compensation. And you can be sure that the quick settlement offer represents only a very small fraction of the real cash value of your claims. Get a knowledgeable Houston dump truck accident attorney to carefully examine your case and determine its true value for you. A strong accident attorney could uphold your rights in the matter and ensure that you don’t accept less than you should for your injuries.

One thing to always remember is that in any civil claim for damages, the burden of proof is on you, the plaintiff, to prove every aspect of your claim. The defendants have merely to defend. They don’t have to prove anything. They only need to cast enough doubt on your story to sink your claim. And without the concrete evidence to prove your claim that an able attorney could obtain for you, a well-funded insurance company could find destroying your claim to be child's play.

Insurance companies and their intimidating adjusters will only respond to the opposition of an attorney who is as aggressive as they are. You need a Houston dump truck accident attorney with a long string of truck accident case victories to his credit who can motivate the insurance representatives into a fair settlement with you. The aggressive truck accident attorneys of Denena & Points have successfully faced off against every major insurance company in Texas.

When you need a solid track record of success to help you build and win your claim, call on us to help. We’ve dedicated over 12 years of our lives to helping injured accident victims recover the just compensation that they deserve to help them get their lives back on track after a tragic accident. Call us today at 877-307-9500 for your free legal consultation. We understand the pain you're feeling after a devastating dump truck accident; we don't charge you any attorney's fees unless you win your claim.

The complexities involved in proving fault in a TX dump truck accident

Mon, 30 Jan 2012 08:00:00 EST

The Pearland dump truck injury attorneys at Denena & Points remind you that most accidents have more than one cause. So more than one party might be to blame for your dump truck accident. Having multiple parties from whom to claim compensation could increase your chances of making a full financial recovery following a serious dump truck accident.

In almost all dump truck accidents, the dump truck driver will be at fault for causing the accident that injured you or killed your loved one. This is because the truck driver was behind the wheel and in control of the vehicle at the time of the accident. He might have forgotten to lower the dump truck bed, or he might have taken a turn too fast for the vehicle and caused it to turn over. He might have been momentarily distracted at the time of the collision.

When the dump truck driver is at fault for your accident, his employer is usually legally at fault as well based on a legal doctrine called “respondeat superior.” This doctrine holds that an employer is responsible for the actions of his employee while that employee is on the job for him.

The financial costs of a dump truck accident can be astronomical to the victims. Your life may never be the same after a collision with a massive dump truck. But the dump truck driver might have very few financial assets with which he could pay your costs from the accident. So the ability to sue his employer for recompense gives you more opportunity to make an adequate recovery on your losses.

Sometimes workers who helped load the truck with the debris it was hauling might have overloaded the truck, or failed to cover or secure the load. If the truck’s contents spilled onto the road or onto nearby vehicles and pedestrians or if the imbalanced load caused the truck to tip or roll over, you could have a valid claim against the truck's cargo loaders.

Sometimes a defective truck component contributed to an accident. Or a vehicle maintenance or assembly flaw might have contributed to the accident. Then you could also look to the manufacturers or maintenance company for financial restitution for your injuries.

An experienced Pearland dump truck injury attorney knows what to look for in a dump truck accident case. His thorough investigation of your accident could help you uncover all the parties at fault for your injuries. Usually only an exhaustive professional examination of the event can uncover all of the causes and the evidence you need to prove them. If you have no experience with dump truck accident cases, you're likely to miss some of the possible causes of your wreck. Long experience with dump truck cases has taught our Pearland dump truck injury attorneys where and how to look for critical pieces of evidence to pinpoint all the causes of an accident.

We understand the confusion and loss you feel after a serious dump truck accident. If you have questions about what to do now that you’ve experienced a dump truck accident, please give us a call for your free consultation. A Pearland dump truck injury attorney from our office could review the details of your case with you and answer your pressing questions about your possible legal options and the obstacles you might face in seeking justice. We devote our energy to ensuring your success in recovering fair financial compensation so that you can use your energy to heal following your serious accident.

What you should do when your Texas employer doesn't have worker's comp

Sun, 29 Jan 2012 08:00:00 EST

Our Houston work injury attorneys point out that workers’ comp insurance is expensive for employers to purchase and maintain. This is especially true where the employer carries on an inherently dangerous work activity such as construction. So many Texas employers choose not to subscribe to workers' compensation coverage. Being a nonsubscriing employer saves them a lot of money; at least until a serious on the job accident occurs.

If you've been injured on the job and your employer is a Texas nonsubscriber, Texas law allows you to file a civil lawsuit claiming the full costs of your injuries. In a civil lawsuit, you can claim compensation for all of your losses from the injury, including subjective injuries like your pain and suffering. (You can't receive compensation for non-objective harm like pain and suffering under workers' comp.)

Filing a civil liability lawsuit is a much more complex process than filing a workers’ comp claim. You will necessarily need the able counsel of a Houston work injury attorney to guide you to the successful conclusion of your civil lawsuit.

You face challenges in a civil lawsuit that you don’t experience under the workers’ comp process. For example, employers too cheap to purchase workers’ comp insurance will gladly spring for expensive defense attorneys if they will protect the employer from having to pay your claim.

The employer might also carry a private liability policy that aggressive insurance company employees will defend. The employer and his insurer mighty try to convince you that your claim is worthless and that you should sign a release of your claim. Don’t sign it. In fact, don't sign anything relating to your injury or claim without your own Houston work injury attorney's advice.

The employer and his insurer might also offer you a quick, but minimal, cash settlement in return for your release of your legal right to sue for the full worth of your claim. Don’t take the offer; any sum they offer you up front likely represents but a small fraction of the true worth of your claim.

The employer and his insurer and defense attorneys will work with professional investigators to thoroughly examine your accident. They will be looking for ways to point the finger of blame back at you for the accident. This is because Texas workers’ comp laws penalize the nonsubscribing employer by leaving him only one real defense against your work injury claim. This is the “sole proximate cause” defense, and it means that your employer must prove that you were 100% responsible for causing the accident that harmed you. So a nonsubscribing employer and his defense team will leave no stone unturned in their attempt to make you appear entirely liable in the matter of injuring yourself at work.

They will look for witnesses to state that you appeared intoxicated or under the influence of drugs at the time of the accident. They will dig through your employment history for any questionable incidents. They will look for any evidence they can find that reveals past safety oversights or lapses in good judgment that could cause accidents. They will not hesitate to add insult to injury and drag your reputation through the mud to make you look like the sort of clumsy, incompetent employee who could barely make it through a single work day without bringing disaster down upon his own head.

Large sums of money are at stake and this is the employer’s only possible defense. While they go through your past history with a fine-toothed comb, members of the defense team will also be hounding you for statements. Have your own Houston work injury attorney handle all contacts with them instead. The defense hopes to get a statement from you that they can (and will) use against you to prove your own liability for your accident. Even innocent statements taken out of context can be twisted to mean just about anything. So don’t talk to your employer or his team; have your attorney do this for you.

You need an adept Houston work injury lawyer to counter their attack with a solid counterattack. The workplace injury lawyers at Denena & Points have more than 12 years of practical experience in fending off such assaults on our clients’ character. We’re versed in the legal concepts relating to the sole proximate cause defense, and we have a long track record of favorable client outcomes.

We could put our own investigative skills to work on your behalf to diligently locate and collect the evidence you need to combat the employer’s aggressive defense tactics. We could conduct the careful depositions of accident witnesses you need to point to the truth of the matter. We seek out video and photographic evidence that could shed some light on who is truly at fault for the accident. We work to obtain records regarding past safety violations or lapses on the part of your employer. In short, our goal is to do all that we can to ensure that you successfully establish your claim to full financial compensation for your harm. Contact us today for your free consultation.

No fault Texas workers compensation insurance and your right to relief

Sun, 29 Jan 2012 08:00:00 EST

The Texas City work accident attorneys at Denena & Points explain some of your rights and limitations under Texas workers' comp laws. Texas workers’ compensation statutes eliminate a worker's right to sue an employer after being injured at work if that employer subscribes to Texas workers' compensation insurance coverage. But workers’ comp helps you in other ways.

Texas workers’ compensation insurance is basically a “no fault” system. This means that if your were injured while employed by an employer that subscribes to Texas workers' comp, then you are almost guaranteed to receive some compensation for your injuries.

There are some exceptions to this near-guarantee. If you were intoxicated at the time of the accident, if you were engaging in willful misconduct that caused the accident, or if you were working as an independent contractor at the time of your injury you are not covered by Texas workers’ comp provisions and you can't collect financial compensation for your accident.

When a work accident has injured you and your employer subscribes to Texas workers' comp coverage, workers’ comp will pay for the following costs of your injury:

Your reasonable medical expenses for as long as your injury lasts;
A portion of your lost wages while you are unable to work because of your injuries;
Disability incurred as a result of the work accident. Your payments are calculated as a percentage of your regular wage and have capped maximum amounts.

But workers’ comp does not pay for more subjective losses like your pain and suffering or emotional trauma from the accident. The amounts Texas workers’ comp insurance will pay you all have capped, fixed maximums, and lost wages payments cover only a percentage of your actual wage. So some of your wages are indeed "lost" because of the accident.

Your workers’ comp payments rarely cover your actual losses from a work-related injury. In addition, employers and workers’ comp insurers will often contest your claim to find ways to reduce payment amounts or even to deny your claim altogether.

It is important to have a skillful Texas City work injury attorney to investigate your accident. Your attorney could help you determine if there were other parties were at fault in causing your accident and injuries. If third parties other than your employer have contributed to causing the accident, you might be able to sue them directly in civil court for compensation for the harm they have caused you. No fixed maximums govern civil court compensation awards, so the financial relief you receive from liable third parties could help make up the shortfall for your losses from the limited Texas workers’ comp payment amounts. Contact us today for a free consultation to learn about your options for making a full financial recovery for your injuries.

Every year, hundred of injured workers are wrongly denied workers’ compensation. Many others have their claims contested and their benefits drastically reduced by obdurate employers. Further numbers don’t know about their rights to seek compensation from liable third parties, and so they go without the compensation they need to survive financially after a serious workplace accident. Don’t let this happen to you. Don’t let anyone talk you out of getting the experienced legal help you need to protect your rights. A knowledgeable Abilene work accident attorney will ensure that you receive all of the compensation to which you are justly entitled by the extent of your losses from the accident.

Recognize the Dangers from Unsecured Houston Dump Truck Beds & Cargos

Fri, 27 Jan 2012 08:00:00 EST

Our Houston dump truck wreck attorneys remind readers that literally hundreds of fatal accidents and serious injuries occur each year due to improperly secured and unsecured dump truck beds or cargos. Many of these accidents and injuries affect the workers employed on and around the trucks. The problem is so pervasive that companies have formed just to make products to lock dump truck beds in secure positions in the event of operator error or mechanical failures.

And OSHA (the Occupational Safety and Health Administration) issues citations to employers if they don't provide effective dump truck bed lockout procedures and dump bed bracing while employees work under the bodies of the trucks.

The Texas transportation code in Subchapter B of Section 725.021 mandates that dump truck cargos be enclosed, covered and secured to prevent loose material from escaping, blowing, or otherwise spilling out of dump trucks. (But you have possibly seen dump trucks that ignore these rules.)

Our Houston dump truck wreck attorneys point out that dump trucks are heavy utility vehicles specifically designed to haul away the detritus of modern societies. Gravel, rocks, debris, and trash of all kinds fill their beds when loaded. A load of gravel or rocks that suddenly spills onto roadways and neighboring vehicles can cause catastrophic injuries and multiple fatalities.

Despite numerous regulations and specially designed commercial safety products, numerous fatal accidents occur each year from dump truck beds that crush workers and heavy dump truck loads that spill onto unsuspecting passenger vehicle occupants and pedestrians. The unstable nature of the loaded vehicles with their high centers of gravity on relatively short frames provides a natural recipe for roadway disasters.

Crushing and mangling injuries from such accidents can lead to enormous expenses and the need for life long medical care in survivors. If you're the victim of a Houston dump truck wreck, you'll likely find your claim vehemently opposed by profit-conscious trucking companies and their insurance companies. Complex evidentiary issues involving technical cause and effect, the laws of physics, and intricate mechanical workings on the trucks complicate your claim.

To have a fair chance at obtaining the full financial compensation you deserve for your traumatic injuries and losses, you'll almost certainly need the aid of experienced Houston dump truck wreck attorneys who know how to navigate the legal complexities of the case and how to stand up to the heavy-handed tactics of your opposition. Contact the knowledgeable Houston dump truck wreck attorneys at Denena & Points for a free legal consultation regarding your accident. Their proven skills in dump truck cases could be your key to winning the financial compensation you justly deserve.

Gas lines, hidden dangers in building infrastructure, can prove deadly

Thu, 26 Jan 2012 08:00:00 EST

Houston news sites reported recently on the collapse of 2 large buildings in the vibrant historical center of Rio de Janeiro, Brazil. The story detailed the collapse and possible explosion of a 10-story and a 20-story building in Rio that left debris strewn over a wide area and buried cars and motorcycles in the nearby streets. The explosive Rio building collapse heavily damaged some nearby buildings and left a number of people injured.

The news story contained conflicting reports on whether or not the building collapse caused fatalities. There also appeared to be some uncertainty about the occupancy and use of the buildings and whether or not a natural gas explosion caused the destruction. A bank branch and a bakery occupied part of the lobby of one of the buildings. The building collapses occurred in the evening, so officials hoped for fewer casualties because of the late hour. At least one witness stated that one of the buildings was still heavily occupied when it went down.

Several witnesses reported hearing an explosion before the building came down, and numerous people noted that the smell of natural gas lingered at the scene. (Natural gas has no scent that the human nose can detect; the "natural gas smell" is added to it for safety reasons.) Utilities were apparently cut off to the area afterwards as a safety precaution.

Our building collapse attorneys pass this story along as a cautionary tale. Every year, throughout the U.S. and the globe, a number of buildings explode sue to natural gas leaks that suddenly ignite. Most of these incidents result in some fatalities. Gas is actually a pretty safe utility. When completely contained in piping, and when the gas is turned off when not in use, natural gas is safe.

Natural gas lines can easily cause explosions if they're ruptured or leak gas in any way. When a leak or rupture occurs, or when the gas source is not completely turned off and gas builds up inside a structure, disaster can result. Any spark, excess heat, or the ill-advised lighting of a cigarette can set off a powerful explosion. The magnitude of the resulting explosion is generally dependent upon the size (diameter) of the ruptured line or the extent of the buildup of trapped gas.

Victims can suffer extensive burns, blindness, loss of limb, or even fatal injuries. Medical costs to treat injuries can soar to astronomical levels. But proving the cause of the injury and the negligence of another party in triggering the disaster is a complex and technical process. Victims need the help of experienced building collapse attorneys and qualified expert witnesses to convince a jury or an insurer of their rightful claim to financial compensation for their injuries.

If a building collapse harms you or a loved one, contact our experienced building collapse attorneys for a free initial legal consultation. Our in-depth knowledge of building collapse causes and issues could be the key to your success in winning a fair financial settlement for your injuries.

Pharmaceutical company practices could be endangering your health

Wed, 25 Jan 2012 08:00:00 EST

In our winter newsletter, our Texas pharmaceutical injury attorneys wrote about the controversy over Actos, the widely prescribed diabetes medication produced by Asian drug giant, Takeda Pharmaceutical Co. Victims and survivors of victims have filed thousands of lawsuits against the company claiming that Takeda withheld information regarding the heightened risk of bladder cancer from taking the drug.

Plaintiffs also claim that the company failed to provide sufficient warnings to users of the risks of taking the drugs. Efforts are underway to consolidate the thousands of pending lawsuits to streamline the litigation process.
But Actos isn't the only drug at the center of a mass of lawsuits. Zoloft, Paxil, Vioxx, and many more drugs with highly recognizable names form the center of a storm of litigation. Many of these lawsuits revolve around contentions that the manufacturers failed to warn of serious side effects, marketed the drugs for unapproved uses, failed to warn of particular dangers from long-term use of the drugs, or failed to warn of the potential for birth defects in babies born to mothers taking the drugs.

The bottom line is that many of the most widely used pharmaceuticals could present some serious dangers to large numbers of their users. And efforts to warn users of the dangers seem lacking to our Texas pharmaceutical injury attorneys. Sometimes the flaw lies in the science behind the drug. Sometimes the error rests in overly aggressive marketing tactics and ruthless profit seeking.

Part of the problem is that many people like to believe that a magic pill will cure them of years of bodily abuses and neglect. Patients willingly accept drugs without question. They don't look for remedies like diet or exercise that might require more effort to implement than popping a pill.

Like most complex problems, drug safety is a multi-faceted issue that defies easy solutions. Our Texas pharmaceutical injury attorneys caution that as long as people want to rely on pharmaceuticals as magic cure-alls for their ills, the opportunity exists for profit-seeking companies to take advantage of this desire. The race to rush to market with the next big drug ahead of competitors might lead to cutting corners in scientific research, drug trials, or safety oversight. The negative effects of this market race on your health and safety might not be deliberate, but they could affect you just the same.

If you receive injuries or lose a loved one because of an undisclosed pharmaceutical side effect, you do have recourse. Schedule a free legal consultation with one of our experienced Texas pharmaceutical injury attorneys to discuss your case. We could help you recover just financial compensation from the drug manufacturer in recompense for your injury and loss.

Token fines for pharma co. bad acts ineffective to protect your health

Tue, 24 Jan 2012 08:00:00 EST

Galveston injury lawyers mention that recent months have seen a series of fines levied against major pharmaceutical companies for practices that endangered your health and took multiple lives. The fines might seem large to an ordinary individual living on an ordinary budget. But the fines represent only a tiny, token fraction of the vast profits these major pharmaceutical companies reaped following their unethical marketing and testing of their drugs. Let's look at a few examples.

An Argentinean judge just fined GlaxoSmithKline (GSK) some 400,000 pesos (that's only about $93,000 in U.S. currency) for conducting illegal vaccine lab trials that took the lives of at least 14 Argentine babies between 2007 and 2008. That's more than a dozen innocent children who won't be celebrating their fourth and fifth birthdays this year. Reportedly, GSK recruited doctors who forced illiterate parents into signing over their children for the trials.

Johnson & Johnson (J&J), the world's largest health products company, has been fined $1 billion by the U.S. government over the marketing of its ant psychotic drug, Risperdal, for uses unapproved by the FDA. This might sound like a huge fine, but it's less than 1/3 of Risperdal's peak sales just for the year 2007. For reference, Risperdal was the company's best selling drug for some years. Risperdal brought in more than $24 billion in sales between 2003 and 2010. Once it lost patent protection, J&J began aggressively marketing the drug for unapproved uses in order to shore up its dropping profits. A criminal plea might still result from the government's investigation in this case.

November 2011 saw a fine of $950,000,000 levied against Merck, another giant of the pharmaceuticals industry, for marketing its drug Vioxx using false advertising and deceptive marketing practices. Use of Vioxx was linked to about 27,000 heart attacks and cases of sudden cardiac death. Merck pulled the drug off the market in 2004 after marketing it for 5 years. Critics allege that Merck knowingly hid reports of these Vioxx-linked deaths from the public.

The unethical marketing practices and illegal lab vaccine trials of the big pharmaceutical companies present clear dangers to public health. Fines that represent miniscule amounts to these large companies do not serve to sufficiently motivate these companies to concern themselves with the health of those who might be affected by their products. Government needs to step up enforcement efforts with much larger fines and additional criminal penalties to keep these international behemoths from threatening your health in their quest for ever greater profits.

If a drug marketed for an unapproved use has injured you, contact our Galveston injury lawyers for a free legal consultation. You might be eligible for financial compensation from the manufacturer and marketer for the harm you suffered.

U.S. NHTSA announces important safety recall on KIA Optima & KIA Rondo

Mon, 23 Jan 2012 08:00:00 EST

Pearland, TX safety defect lawyers notify readers that the NHTSA's safety recall announcement relates to the 2006 to 2008 KIA Optima and the 2007 to 2008 KIA Rondo. KIA Motors America, Inc. states that the safety recall of more than 145,000 KIA vehicles covers KIA Optimas manufactured from September 29, 2005 through January 28, 2008 and KIA Rondos manufactured from September 13, 2006 through March 21, 2008.

The focus of the KIA safety recall is the clock spring contact assembly of the driver's side frontal air bag. The clock spring contact assembly for the air bag's supplemental restraint system, or SRS, might become damaged over time through usage. If such damage occurs, the air bag's electrical circuit could experience a high resistance to deployment. This means that your airbag would not deploy when you need it in the event of a crash. This failure to deploy would leave you vulnerable to potentially fatal injury.

KIA said that it would notify affected vehicle owners and that its dealers would replace the clock spring assembly free of charge as necessary. Concerned vehicle owners can contact KIA at 800-333-4542; the KIA recall campaign number is SC094.

Our Pearland safety defect lawyers bring the KIA recall to your attention so that if you own one of the affected vehicles, you can be sure to obtain repair of the dangerous defect before it causes you to suffer unnecessary injuries in a crash. Vehicle owners like to believe that when they research a vehicle and pay thousands of dollars to purchase it, they are getting a car that will protect them in the event of a crash with all of the safety features that modern technology affords. But as the extensive list of recalls announced by the NHTSA shows, such is not the case.

Modern vehicles are sophisticated pieces of equipment, with many complex parts and intricate assemblies. So many thousands of defective vehicles can roll off the assembly line containing small, but dangerous defects of which no one is aware until they injure or kill someone. Design, assembly and manufacturing processes change so quickly that they often can't keep up with your safety needs. And most vehicle defects aren't discovered and safety recalls aren't announced until a sufficient number of accidents, injuries, and/or fatalities have made the defect evident.

If you've been injured by a vehicle defect or you've lost a family member to a safety defect, you deserve recompense for your losses. The law provides remedies by which you can hold manufacturers of defective vehicles financially accountable for your pain and loss. Contact our dedicated Pearland, TX safety defect lawyers today for a free consultation to discuss your injury. We could help you win a full financial recovery on your valid claim.

2 Logging Truck 18-Wheeler Rollover Accidents Shut Down Texas S.H. 242

Fri, 20 Jan 2012 08:00:00 EST

Montgomery County truck cargo accident lawyers note an 18-wheeler rollover on I-45 at S.H. 242 that shut down the road for several hours on Thursday morning. The Montgomery County Police Reporter and other news media provided details on the 18-wheeler rollover.

The truck driver was driving for SAPP Logging and had picked up a timber load for a mill in Cleveland. He said he felt his load was top heavy and that he tried to rebalance it by turning. (Ever tried that? Is it practical?) His sharp turn on the feeder road into S.H. 242 sent the truck into a rollover that ejected about 60 logs from the back of the truck.

Fortunately, no other motorists on the road in the morning rush hour were injured by the rollover and spilled timber. The truck driver was trapped in the cab when the truck turned over. He kicked out a window to free himself. A diesel fuel spill from the overturned truck and a scattering of logs all over the roadway delayed traffic and made commuting hazardous for most of the day.

On Wednesday morning, a similar logging truck accident had occurred. A truck driver working for Anderson Trucking was headed to a mill with a load of burned timber when he overturned at US 59 and S.H. 242. The driver wasn't wearing a seat belt and received minor injuries in the 18-wheeler rollover, but no other injuries were reported.

The Montgomery County Police Reporter noted that the investigators found several safety violations on the Anderson Trucking vehicle. These included improperly set trailer brakes and a tire violation. The weight carried by the truck was only just legal, probably around 82,000 pounds according to the truck driver. Our Montgomery County truck cargo accident lawyers mention that with proper permits, such a load might slightly exceed the standard 80,000-pound 18-wheeler weight limit.

The Montgomery County truck cargo accident lawyers at Denena & Points took a look at the Texas DPS manual that truckers use to review for their commercial drivers' licenses. The manual contains detailed information on the laws truck drivers must follow. What does it say about loading and securing cargo?

A trucker is legally responsible for inspecting his cargo, "recognizing overloads and poorly balanced weight," and knowing if the cargo is properly secured.

Before a trucker begins a trip, he should "make sure the truck is not overloaded and that the cargo is balanced and secured properly." (Section 3.1.)

Inspect the cargo and its securing devices again 25 miles after beginning a trip and every 3 hours/150 miles thereafter. (Section 3.1)

The trucker is responsible for not being overloaded. (Section 3.2)

"Don't be top heavy." "Poor weight balance can make vehicle handling unsafe." "On flatbed vehicles, there is also a greater chance of rollover." (Section 3.2)

It appears that the drivers of the two 18 wheelers involved in the Wednesday and Thursday morning accidents at S.H. 242 failed to follow these procedures and live up to their legal responsibilities. To be fair, it might be somewhat impractical to check a load 25 miles in and then again every 150 miles. But when you're carrying a load of heavy logs that are quite capable of mangling vehicles and their occupants should they suddenly fall from the truck, it IS imperative that you do a thorough check before you drive off with the load. Make sure it's secure and NOT top-heavy BEFORE you drive out onto the public roads with it.

Failure to do so could make the truck drivers and their employers legally liable for damage done by subsequent accidents and cargo spills. For more information on truck accidents, legal liability, and obtaining financial compensation for truck accident damages, download our Montgomery County truck cargo accident lawyers' free e-book with your essential road map to Texas 18-wheeler injury claims.

The dangers of unsecured, falling truck cargo to U.S. highway drivers

Thu, 19 Jan 2012 08:00:00 EST

Our Pearland truck accident lawyers have written before on the dangers from unsecured cargo that spills from trucks. We've written about how to identify who's liable for the accident and how to obtain just compensation for your injuries and vehicle damage from a falling cargo accident.

Truckers generally don't load their trucks' cargo themselves. It's often a third party contractor or vendor that loads the cargo. But under U.S. regulations, the trucker is ultimately responsible for ensuring that his truck's cargo has been properly loaded and secured. It's usually the trucker who's in the best position to know whether his truck's cargo fasteners are in good condition.

But despite an array of regulations designed to encourage proper securing of cargo, the daily news continues to report falling or spilled truck cargo accidents. Just Tuesday in Montgomery County on U.S. 59, an inadequately secured pipe fell from an 18-wheeler owned by PrimeTime Transport. An 18-wheeler on the highway behind, this one owned by Roadway-Yellow Freight, tried to avoid the pipe and ended up running into the concrete median. Then a motorist in a Ford Mustang struck both the pipe and the second 18-wheeler. Fortunately, her injuries were only minor, but the car sustained some nasty damage.

Except for the lack of very serious injuries and vehicle damage, this incident on U.S. 59 exemplifies the dangers from falling, unsecured truck cargo. In this truck cargo accident on U.S. 59, the driver of the Mustang as well as the driver of the Yellow Freight 18-wheeler could sue the parties at fault for the financial value of the damage to their vehicles and for any injuries that resulted from the accident. The liable parties might include the driver of the PrimeTime 18-wheeler, PrimeTime Transport, and the parties responsible for actually loading and securing the pipes. Ultimately, the liability cost of a falling cargo accident, even when the damage is comparatively minor, is much greater than the cost of taking a little extra time to secure the cargo properly.

If you’ve been injured or received vehicle damage as a result of falling, unsecured truck cargo, hold the parties at fault for the accident financially accountable for their oversight. Only by making them feel the financial pain of their negligence can you encourage them to take proper care and avoid such accidents in the future. Contact our Pearland truck accident lawyers for a free and confidential legal consultation regarding your claim. Our experience and skill in the area of truck cargo accidents could help you win a full financial recovery for your losses following the wreck.

Bangladeshi road collapse provides a lesson in bad building practice

Wed, 18 Jan 2012 08:00:00 EST

Our structural collapse lawyers recently posted an article on a deadly building collapse in Delhi, India. The article detailed some of the problems India is experiencing from a poorly supervised building boom as its economic prospects and urban populations expand faster than its regulatory and enforcement infrastructure.

Bangladesh, the old Bengal region of the Indian subcontinent, is experiencing similar problems. Building permit and inspection requirements exist, but builders don't always follow them. And government enforcement can't keep pace with building activity, so construction often occurs without necessary inspection and oversight. Disaster sometimes follows in the wake of these lapses.

In the recent collapse of part of Circuit House Road in Ramna in the Dhaka district, officials are blaming faulty design, poor work practice, and failure to obtain required inspections for the collapse of a building foundation site. The building foundation collapse led to the cave in of part of nearby Circuit House Road. The road collapse has resulted in further cracking along the roadway and subsidence to nearby buildings. An old two-story building mere feet from the cave-in is in imminent danger of collapse. And officials say that other nearby buildings, including high rise residential towers, are in some danger.

The collapsed foundation site was a 33-foot ditch. When its pilings collapsed, part of the nearby road caved into the ditch. A planning official for the area stated bluntly that the foundation depth and pilings weren't adequate for the planned high rise that was to be built at the site. Officials also noted that builders had not informed them in advance that they were commencing work as they were required to do. They also said that builders had not obtained the required safety inspections of the site prior to commencing work.

Residents in the adjacent high-rise towers panicked as the disaster unfolded. Surprisingly no one was injured from the major site collapse. Construction workers fled the scene immediately after the collapse, and the site owners could not be located after the disaster. The local planning commissioner said that legal action would be taken against them, presumably once they can be found.

The army's corps of engineers moved in to shore up and secure the site. Leaking water supply lines were turned off to prevent further difficulties. Our structural collapse lawyers wish them success in their efforts. They have a major task ahead. The actions of the builders present a step-by-step illustration of what NOT to do in constructing a high rise.

A Captain's Duty to his Ship in Distress on the Sea

Tue, 17 Jan 2012 08:00:00 EST

Since the recent wreck of the cruise ship Concordia, much has been made of the captain's role in causing the maritime disaster. Attention has increasingly begun to focus on how Concordia's captain abandoned his post as the ship went down and passengers and crew engaged in chaotic efforts to evacuate the sinking vessel and save themselves.

As long as records have chronicled human sea voyages, the accepted course of action for a captain, or Ship's Master, has been to take charge of all situations and work to save his ship, crew, and passengers when the ship is in distress. There's no requirement that a captain go down with a sinking ship, only that he remain until everyone else has been safely evacuated.

The Merchant Marine Officers' Handbook states that a captain should be the last man to leave his vessel. The Italian code imposes a prison sentence of up to 12 years on a captain who abandons his vessel in the time of its distress. Captain Francesco Schettino of the Concordia now faces charges carrying just that possible sentence.

Job descriptions for ships' captains, including cruise ship captains, maintain that the captain is responsible for charting safe navigational courses, ensuring adherence to responsible safety procedures, overseeing the safety of his ship, crew, passengers, and cargo, and taking charge of all situations that could affect their well being.

The captain of the Concordia failed to discharge that duty. Indeed, witness accounts indicate that he abandoned his duty precipitously once danger threatened. His abandonment of his post might have increased the dangers to passengers and crew of a poorly coordinated evacuation effort.

Injured passengers and crew, and those who lost loved ones in the disaster on the Tyrrhenian Sea, deserve just compensation for their trauma and losses. The captain, First Officer, and cruise line might all be at fault in the matter. The help of skilled maritime lawyers should help victims of the accident who are seeking justice and answers in this tragic case.

The Concordia disaster has already been compared to the Titanic disaster, to which it does in fact bear some striking similarities. Let's hope that the tragic consequences of the negligent actions of the Concordia's captain serve as warnings to other Ships' Masters that will stave off such disasters for at least another 100 years.

Causes and Compensation in Texas School Bus Collisions

Tue, 17 Jan 2012 08:00:00 EST

Texas school bus accident lawyer notes that the Tuesday morning rush hour witnessed a very serious collision between a Lowe's delivery truck and an Academy I.S.D. school bus near Temple, Texas. 32 people were injured by the collision, some of them critically. Heavy fog is being blamed as a cause of the wreck.

Although school buses are statistically a pretty safe mode of travel for the state's schoolchildren, numerous school bus accidents occur each year. Some of the usual causes include:

Driver distraction,
Driver fatigue,
The many large blind spots on a school bus,
An overloaded school bus,
Poor maintenance of the school bus and resulting mechanical or tire problems,
Defective or missing safety equipment such as warning signs and reflectors,
Speeding, and
Driver inexperience or lack of adequate training.

Driver fatigue, inattention, or inexperience might apply to the school bus driver or to the driver of the other vehicle involved in the collision. Other motorists are required by law to stop if a school bus has its lights flashing to indicate students getting on or off the bus. Motorists often fail to heed this warning and continue to drive past the bus. Sometimes these vehicles hit students emerging from the bus.

When you or your child have been injured in a school bus accident, you might be entitled to full financial compensation for your injuries from the parties whose negligence caused the accident. You might be able to recover compensation for:

Medical expenses incurred,
The costs of future medical care required because of the accident,
Lost wages,
The value of your reduced earnings capacity because of disabilities from the accident,
Vocational rehabilitation and retraining,
Disfigurement,
Pain and suffering, and
Punitive damages.

If the accident resulted in the loss of a loved one, you might be entitled to file a wrongful death claim and survivor claim. Our experienced Texas school bus accident lawyers could help you determine the extent of the monetary damages to which your case entitles you, as well as your legal options for obtaining that compensation for your injuries. Our knowledgeable attorneys could conduct a thorough investigation of the accident to determine its true causes and to identify all liable parties at fault for the school bus accident. We could help you hold them financially accountable to the full extent of your accident losses. Contact us today for your free consultation.

Vehicle driving around RR crossing arm in Liberty Cty hit by train

Sun, 15 Jan 2012 08:00:00 EST

One person is dead and another critically injured after an oncoming freight train in a Liberty County accident hit their vehicle over the weekend. The driver of the vehicle ignored the warning of the railroad crossing arm, and tried to drive around.

The vehicle - train accident occurred on Highway 90 near FM 1909 on Friday around 4:30 p.m. 16-year-old William James Hotaling died at the scene of the train accident. The other person, 20-year-old driver John Kolin Allison, received transport to the hospital by helicopter. He received critical injuries from the collision with the freight train.

The Liberty County accident attorneys at Denena & Points express their deepest sympathies to the family of the victim needlessly killed in this tragic train accident. Railroad crossing arms come down for a reason. They 're there to serve as a warning to drivers of the imminent danger of an oncoming train. Ignoring such a warning is a fatal mistake.

A driver that negligently ignores the warning of a railroad crossing arm takes lives in his hands. Victims of his negligence or their surviving family members have the right to sue for compensation. No amount of money can compensate a family for its lost member. But their compensation award could serve as a warning to other potentially negligent drivers that they will be held accountable for their actions. Their lawsuit could prevent other needless tragedies in the future.

When a negligent driver has needlessly injured you or a family member, you could benefit from knowing the steps to take to hold the driver accountable and obtain financial compensation for your losses. Download our free book on what you need to do after a serious accident. Our in-depth look at the steps you need to take could start you on the road to a fair recovery.

Driving ammo-laden 18-wheeler on I-45 while distracted not a good idea

Fri, 13 Jan 2012 08:00:00 EST

Clear Lake truck crash lawyers think maybe it's a good idea if you're driving an 18-wheeler containing live ammunition to pay attention as you drive. Just an idea.

It seems like every week brings more and more concerned discussion about distracted driving. Studies show that just about everyone is doing it, and that the bulk of the distracted drivers strongly disapprove when others do it. But they keep driving distracted themselves. OK, so that's not atypical of any problem.

The 18-wheeler in question would've jack-knifed on I-45 due to the driver's negligent actions with or without the ammo in its cargo. But the truck crash might not have erupted into a major blaze that shut down all lanes of a major highway for several hours and incidentally destroyed any number of UPS customers' parcels. And without the ammo, a bullet wouldn't have ignited and fired itself into a rescue vehicle at the scene.

It's fortunate that more of the ammo didn't start firing in all directions and injuring the rescue workers themselves. Fear of just such a possibility may be what kept all I-45 lanes shut down for so long. As a driver who uses that freeway from time to time, I'm grateful for their wise precaution. I admire the fire and rescue personnel that brave these scenes of fiery wreckage to protect the rest of us. They take some serious chances.

Call me a Nervous Nellie. But if I were driving a massive, heavy 18-wheeler laden with cargo (including live ammunition) at night, I would not duck down into the well of the truck to retrieve something on the floor while my 18-wheeler continued full speed ahead on the highway without any real supervision. Maybe it's because I'd worry that the truck might veer off course while I was busy down near the floor, and then I'd lose control of the rig and possibly end up jack-knifing or overturning. Coincidentally, that's precisely what happened.

Even without a load of live ammo and a major blaze, 18-wheeler wrecks can take a heavy toll in lives, health, and peace of mind. Even car and pickup trucks can be deadly when a distracted driver is behind the wheel. Or down near the vehicle floor, as the case may be.

Consider the high cost of this one 18-wheeler driver's distraction:

A destroyed UPS truck;
A rescue vehicle damaged by a bullet;
The value of the destroyed UPS parcels;
The cost of the truck driver's injuries;
The costs to UPS of trying to identify the damaged parcels and respond to customer concerns; and
The costs of the manpower to respond to the scene, control, the fire, close the highway, clean up the wreckage, and repair the road damaged by the blaze, among other things.

Don't drive distracted. Just don’t take the chance - with your life or with others. If you need to retrieve something from the floor, wait until you're at a stoplight or you pull off the road for a rest break.

And if you're injured by a negligent or distracted 18-wheeler driver and you're wondering what you can do to meet your medical expenses and vehicle repair costs, take a look at our Clear Lake truck crash lawyers' helpful e-book on what you need to do to make a valid truck wreck compensation claim. The book is free. Just click on our website, and download your free book.

Safe-stealing suspects create a safety hazard on Southwest Freeway

Thu, 12 Jan 2012 08:00:00 EST

I think that if I were on the police force instead of a Houston accident injury lawyer, having the chance to nab suspects this inept might make my day. First the 3 suspects broke into a home armed with a high tech alarm system. The alarm went off and notified the homeowner, and no doubt the alarm company and police as well.

The 3 suspects made off with a safe from the home and put it in the trunk of their car. Police gave chase and followed them north on the Southwest Freeway about 2 p.m. on Tuesday. The 3 safe-stealing suspects bailed out of their car near the Dunlavy exit and decided to try and make good their escape on foot. Police quickly nabbed one suspect, perhaps the more sensible one. The other two men, who clearly don't spend much time on safety issues, darted across the freeway, but were soon apprehended as well.

As the chase proceeded, the abandoned car of the 3 safe-stealing suspects burst into flames. Police managed to extract the safe from the car's trunk before it burned along with the vehicle.

While this was going on, the homeowner, who had rushed towards home after hearing of the break-in, sat in stalled traffic on the freeway watching the would-be getaway car burn to a cinder.

There's a "safe" in "safety," but not in this tale. The 3 suspects in this story don't seem to have much regard for anyone's safety. They rob a house without de-activating the alarm, thereby ensuring their entry won't go unnoticed. They use a fire hazard of a vehicle as their getaway car. They lead police on a high-speed chase through freeway traffic. Then they abandon their fiery vehicle. And they try to flee police in patrol cars on foot across several lanes of freeway. Then their get-not-quite-away car goes up in flames, posing a safety hazard to all.

This tale of unsafe safe thieves presents an example of the many odd and unexpected hazards you could face on any day here in greater Houston. If someone's negligence or disregard for safety takes you by surprise and leaves you with undeserved injuries, call our Houston accident injury lawyers. We could help.

We offer a free initial legal consultation and the benefit of our years of experience dealing with the consequences of accidents of all types. The goal of our Houston accident injury lawyers is to help innocent victims of other people's harmful negligence to obtain the full financial compensation they deserve for their needless injuries. Call today. We're here to help.

When hospitals add insult & expense to your Texas car crash injury

Wed, 11 Jan 2012 08:00:00 EST

Our Texas City accident lawyers read an account from KHOU regarding an incident where a Texas City hospital reportedly hiked its bill for medical expenses from $4,500 to $20,211 after a woman received an insurance settlement from a car crash.

It's not that unusual for various parties to try and take a slice out of the pie after there's a major insurance settlement. Hospitals might claim any number of reasons to try and justify the price hike on the accident victim's medical expenses.

The woman who received the greatly increased bill for her medical expenses had been the victim of a car crash caused by someone driving the wrong way on the road. She reportedly spent four hours at a Texas City hospital for examinations and diagnostic tests after the wrong-way crash.

The accident victim has filed a lawsuit against the Texas City hospital claiming that the medical facility increased its bill for her medical expenses by five times and made a claim against her insurance settlement. She believes, as many folks might, that $20,211 is an unreasonable amount to charge for four hours at a hospital.

If you've been injured in a car accident and you have questions about what you can expect from the insurance companies, medical billing agencies, and others after your crash, contact the Texas City accident lawyers at Denena & Points for a free legal consultation. We could review the facts and circumstances of your case with you and help you understand what to expect.

Our Texas City accident lawyers have more than 12 years of experience successfully helping injured accident victims against unfair tactics by insurance companies, medical billers (ironically, my spell check program just tried to change this word to "bilkers"), and negligent defendants. And we could also help you to maximize your financial recovery for your injuries.

Knee & hip replacement devices have injured thousands in the U.S.

Sun, 08 Jan 2012 08:00:00 EST

Our Galveston medical device lawyers recall news about a 2010 orthopedic surgeons' conference that called attention to Zimmer NexGen knee replacements and Zimmer NexGen knee replacement components because of their "higher than expected" failure rates. The Zimmer NexGen components have been associated with high rates of:

Pain,
Failure,
Loosening,
Mobility impairment,
Inability to walk or stand, and
Other complications requiring additional knee revision surgeries.

Critics assert that the manufacturer knew of problems with the devices but did not take necessary or timely actions to warn patients or medical professionals of the dangers or to reduce the risks associated the products. Several Zimmer NexGen product recalls have been issued but as many as 200,000 defective knee replacement products may already be in circulation affecting thousands of patients.

No one who's gone through a difficult knee replacement process and rehabilitation wants to be faced with early failure of the device and the need for further difficult corrective surgeries. But the threat of additional surgical revisions isn't limited to recipients of knee implants. Hundreds of thousands of recipients of all metal hip replacements also face that prospect. Some of the "revisions" involve complete removal of the original implant and replacement with another.

DePuy, a division of Johnson & Johnson, recalled more than 90,000 of its ASR (Articular Surface Replacement) hips last year after extensive data showed that the devices tend to fail prematurely and cause excessive pain and tissue damage in patients. And it's not just the DePuy ASR hip replacement that's causing problems; the entire class of metal ball-on-metal joint hip replacement products dangerously underperforms. The class includes the DePuy Pinnacle replacement, the Wright Profemur hip replacement device, the Wright Conserve Plus, and the Zimmer Durom Cup replacement.

About 250,000 hip replacement surgeries occur each year in the United States. Up until recently, approximately 1/3 of these involved metal-on-metal hip replacements. Around 500,000 people in the United States currently host all metal hip replacements in their bodies.

The all-metal hip replacement crisis represents the largest medical implant failure in decades. Over the next 10 years, authorities estimate that tens of thousands of Americans will have to undergo additional surgeries because of hip replacement device failures. The expected costs to taxpayers, insurers, patients, and society are immense, reaching into the billions of dollars.

The all-metal hip replacements are failing within just a few years. Joint replacements should generally last around 15 years.

The all-metal hip replacements are difficult to place properly within the body. Improper placement increases the risks of severe pain, bone loss, tissue damage, and device loosening and failure. The metal parts rub against each other, generating metallic and graphite debris that can inflame and damage the patients' tissues to the point of causing crippling injury or biotoxicity. Loosening and failure of the medical devices due to design and manufacturing flaws often results in painful losses of mobility as well as the need for painful hip replacement revisional surgeries.

DePuy and other all-metal hip replacement device manufacturers were generally able to bring these products to market with little or no research and testing. The medical device makers legally took advantage of a provision in the FDA regulations that makes an exception for devices that are substantially equivalent to already approved medical device products.

If you or a family member has undergone knee or hip replacement and experienced problems, you could be eligible for financial compensation for the harm you've suffered. In the case of the already recalled DePuy ASR device, you might be eligible to recover compensation even if you have not yet experienced problems from implantation of the device. Contact our knowledgeable Galveston medical device lawyers for a free and confidential case evaluation.

6 Important Roller Coaster Safety Features You Need to Know

Sat, 07 Jan 2012 08:00:00 EST

Roller coaster accident lawyers have provided a list outlining some important safety features intended to prevent roller coaster accidents and injuries.

Blocks - Many automated coasters run multiple trains and are divided into "blocks." Only one roller coaster train is allowed on a block at any given time. Sensors detect when a train has left a block and another can be allowed on. Sensors can prevent dispatch of a train, apply braking actions, or prevent lift up an incline to keep a train from moving into an occupied block if necessary. This important safety feature of the block system exists to prevent injuries from unintended train collisions.

Brake runs - Many roller coasters employ "brake runs" to slow a train down at the end of a ride or at certain points during the ride. The trains themselves might not have any brakes of their own, but rely on these specially designed sections of track to run out their kinetic energy and come to a halt or slow down to safe speeds so that excessive g-forces don't harm your body.

Sensors - Automated roller coaster train systems employ computerized sensing systems to detect mechanical failures, speeds and positions of trains, and to activate block and braking systems as needed to separate or slow down trains. These computerized systems prevent train collisions. They can detect signs of mechanical failure and send signals to bring trains to a stop before a mechanical failure results in injury or death.

Lap bars - Very few roller coasters still use the old seat belt system. Many employ the padded metal lap bar. The lap bar comes down across seated passengers and locks into place to prevent impacts on sudden turns and inversions as well as ejection of the riders from the coaster.

Shoulder Harnesses - More and more coasters are employing the padded, U-shaped shoulder harness that locks down over the rider's upper body. The shoulder harnesses are more effective for keeping riders safely in place during inverted loops and particularly treacherous drops.

Side friction wheels and up stop wheels - Advanced wheel systems employing side guide wheels and wheels beneath the track in addition to the wheels riding the rails help prevent the train from flying off the track on extreme twists, turns, inversions, and speeds.

Technology and sophisticated design models allow coasters to become more and more extreme. Recent years have seen the development of more exhilarating corkscrew turns, inversions, giga coasters, "4th dimension" coasters, catapult launching mechanisms, and hanging trains. Yet roller coaster accidents remain exceedingly rare in terms of the numbers of riders.

You're more likely to have an accident on your way to or from a theme park boasting an extreme roller coaster ride than on the ride itself. But on the rare occasions when roller coaster accidents do happen, they tend to be very ugly or fatal. If you or your family members are the unfortunate victims of a roller coaster accident, you'll likely face the severe pain of injuries or a tragic loss as well as mounting medical expenses.

You'll need experienced roller coaster accident lawyers, like Tony Denena and Chad Points, to help you identify the precise causes of your accident and determine who's liable for paying for your injuries. Tony and Chad are among the very few lawyers in the United States who have actual experience helping roller coaster accident victims obtain compensation for their harm. Contact the law firm of Denena & Points today for a free and confidential consultation regarding your amusement park injury or loss. Let us help.

The danger of TX drunken drivers' impaired perception & reaction times

Thu, 05 Jan 2012 08:00:00 EST

Our Conroe injury lawyers saw the holiday campaigns against drunk driving that emphasized the dangers posed to other motorists from drunken drivers. Everyone's heard that drunken drivers cause accidents. Primary reasons that drunken drivers cause more accidents than sober drivers include:

Impaired decision-making ability. This reduced ability to make proper decisions can, for instance, lead to drunken drivers choosing to drive at excessive speeds through dangerous construction zones and other areas where reasonable people would tend to slow down.

Impaired perception. In a recent fatal crash that killed a Good Samaritan in Montgomery County, a drunken driver slammed at high speed into a parked car that had its emergency hazard lights flashing to warn drivers of the danger of a stalled vehicle up ahead. The drunken driver possibly did not notice the flashing lights ahead or in his impaired state could not process what the lights meant. The Good Samaritan was on the way home from her 45th birthday celebration when she was needlessly killed.

Impaired reaction times. Even when drunken drivers notice obstacles for which they need to stop or turn, they might not be able to process that information and react properly in time to take necessary evasive action.

Deadly crashes result by the thousands each year because of these deficits in drunken drivers' abilities. Sometimes the drunken drivers die by their own actions. But more often, innocent victims perish.

In fact, this is the second local incident in our area that our Conroe injury lawyers have written about in the past few months where a drunken driver took the life of a Good Samaritan that was generously trying to help another person.

If you've lost a loved one to an impaired drunken driver, or if you've been injured yourself, contact our caring Conroe injury lawyers for a free consultation to help you understand your legal options. With more than 12 years of experience handling the complexities of catastrophic drunk driving wrecks, we understand the special challenges and intricacies involved in proving your compensation claim. Call us today at 877-307-9500 and let us help you obtain the financial recovery you justly deserve for your accident losses.

Texas Injury Lawyers Provide a Few Tips to Make Winter Driving Easier

Thu, 05 Jan 2012 08:00:00 EST

A huge 79-vehicle chain reaction wreck yesterday brought home to our Texas injury lawyers the hazards of winter driving conditions in our coastal region. The winter months in Texas bring all sorts of treacherous driving conditions. A wintry mix can include fog, sleet, ice, snow, and rain, all in a single day, making for a very dangerous drive.

Yesterday just west of Port Arthur, TX, a combination of dense fog and the smoke from a winter marsh fire obscured a stretch of Texas Highway 73 and led to a pileup of more than 70 cars. More than 50 people received injuries, 4 of them critical.

TxDOT recommends that drivers slow down for treacherous winter driving conditions. Drivers should leave themselves plenty of room to stop, especially if roads are freshly wet. When precipitation first hits a dry pavement, it tends to bring layers of oil up to the surface, causing slippery driving conditions. Hydroplaning, where tires lose contact with the road, is also common in wet conditions, particularly at high speed.

Make sure your vehicle is ready for winter conditions. Check your antifreeze level, your tires, your oil, your hoses and belts, and especially your battery.

And keep emergency numbers and a winter emergency safety kit in your car in the event that you do run into trouble. An ice scraper, flashlight, extra batteries, blankets, some bottled water, a bit of food, a first aid kit, and a cell phone and charger could all come in handy if you find yourself stranded on the road in winter.

You know the old adage about Texas weather: if you don't like it, just wait a few minutes; it will change. A zero visibility morning of dense fog and marsh fire smoke can easily become a bright and sunny afternoon. Our Texas injury lawyers remind you that you can be prepared for those changes, and drive safely and securely. And if you're injured in an accident and have questions about what you should do, feel free to download our free e-book providing you with the essential information on how to cope with serious wrecks.

Tickets might not be your only penalty for reckless driving in Houston

Wed, 04 Jan 2012 08:00:00 EST

News reports noticed by our Houston injury attorneys described a traffic fatality yesterday in SE Houston, TX that could be attributed to an extreme case of road rage. Someone in a Dodge that was behind a Buick careening in and out of lanes took offense and shot the reckless Buick driver to death. The passenger in the Buick was unharmed by the 10 shots that fatally injured the offending driver in SE Houston. The driver's offense: swanggin in and out of lanes.

When a driver chooses to drive recklessly and endanger himself and others, he might think about the possibilities of having a wreck or of getting a ticket. He usually doesn't expect that an occupant of a vehicle he has cut off will just up and shoot him. It doesn't happen often; but clearly it does happen.

The problem of road rage has gained increasing attention over the last couple of decades. Even drivers who start out on their journeys in a perfectly good state of mind can be driven to rage by the thoughtless, reckless, and dangerous actions of offensive drivers. In the United States, a surprising number of those enraged folks might have loaded guns in their vehicles within easy reach. And some of them just might look for the easy solution to the problem, and shoot the offending drivers.

As we start another new year, it seemed a good time for our Houston injury attorneys to remind drivers of the unexpected dangers you might encounter on the roads out there, and how you might avoid some of them. One way to avoid some of the dangers is to drive courteously and respectfully. Avoid causing the road rage that could make you a statistic. Drive respectfully and increase your chances of ringing in additional new years to come.

On car driver negligence in causing Texas motorcycle accidents

Mon, 02 Jan 2012 08:00:00 EST

As a Montgomery County motorcycle injury attorney, I found myself reading an item posted by the Montgomery County Police Reporter about a new year's motorcycle wreck. The title of the article, Motorcycle T-Bones Vehicle, made it initially sound as though the biker were to blame. But upon closer reading of the article, I found that the car driver assumed she had the right of way and failed to yield the right of way to the motorcycle rider.

A rider northbound on a Kawasaki Ninja ZX-64 on the US 59 feeder road at East River Road in Splendora received transport to a regional hospital after crashing into a Honda. The Honda, westbound on East River Road, had paused at a stop sign. The Honda's driver admitted that she saw the approaching Kawasaki Ninja. She apparently assumed the intersection was a 4-way stop as she pulled into the intersection in front of the biker. The stop sign at which the Honda driver had paused was marked with a clear warning that cross traffic does not stop.

Such motorcycle accidents and the car driver negligence that causes them occur frequently. Studies show that motorcycles lack visibility in car drivers' perceptions and that car drivers assign them a lower priority than larger vehicles. If the vehicle crossing on the US 59 feeder road had been a car or a truck, the Honda driver might have consciously noticed the warning sign stating that approaching traffic does not stop.

This motorcycle accident in Montgomery County resulted from car driver negligence. But that doesn't mean that the injured motorcycle rider will have an easy time of obtaining the financial compensation he justly deserves because of his needless injuries. This bike wreck was completely avoidable. Had the car driver only paid closer attention to the stop warnings and the approaching Kawasaki Ninja, this motorcycle accident need not have occurred.

But insurers and juries alike tend to assign the blame for motorcycle accidents to the bikers, who they tend to perceive as reckless, dangerous drivers. Negligent car drivers derive an advantage from this inherent public bias against bikers. And bikers have an uphill battle collecting compensation awards due to them because of car driver negligence.

If you're a biker who's been injured by car driver negligence, you could benefit from the services of an experienced motorcycle accident lawyer as you pursue your accident injury claim. Contact the experienced Montgomery County motorcycle injury attorneys at Denena & Points for your free legal consultation. Let us explain your legal options in the context of your specific accident. Learn how our personal injury expertise and extensive knowledge of the special concerns of motorcycle accident cases could guide you to a successful financial recovery for your undeserved injuries. Call today: 877-307-9500.

The Harley Death Wobble and its Effect in Causing Deadly TX Accidents

Sat, 31 Dec 2011 08:00:00 EST

Galveston motorcycle accident attorneys know that if you're familiar with Harley Davidson motorcycles, you might also be familiar with the "Harley wobble" or the "death wobble" as it's sometimes called. It's been a topic of discussion for many years among Harley enthusiasts. Harley riders seem to agree that the Harley wobble occurs when riders reach sufficient speed and especially on turns and curves.

In a recent Houston motorcycle accident that proved fatal to a Harley rider, the rider was reportedly in the process of veering around a vehicle ahead of him at a relatively high speed. While trying to pass the other vehicle, he lost control of the bike, crashed, and got ejected off the bike and off a bridge to fall to his death around 60 feet below.

The 62-year-old Harley rider can no longer tell us if the Harley wobble was to blame for his loss of vehicle control and subsequent death in Houston, TX. And news reports of the fatal motorcycle accident aren't detailed enough to provide good indications either way. But the given parameters of the accident fit other reports of incidents involving the Harley wobble.

What is the "Harley wobble" you might ask? The Harley wobble is a manifestation of the particular facets of the bike's construction relating to the engine mounting and motion constraint. Basically, when the engine is not constrained between all three axles of motion, an elastic relationship develops between the swing arm and the frame. Engine vibration magnifies itself into the rest of the bike frame through the back end of the transmission by way of the swing arm.

The elasticity of motion shows up as a wobble at speeds as low as 70 to 75 mph and becomes particularly pronounced as speeds approach 90 mph. The extra, uncontrolled motion of the bike is called the "death wobble" for a reason. Two-wheeled vehicles already experience lower traction and stability on curves and turns than four-wheeled vehicles. Add a bit of loose gravel or a bit of loose wobble, and the wheels can slide away from the direction of steering to cause a deadly crash.

Harley Davidson has admitted that some of its bikes experience the wobble problem. But Harley is also quick to point out that bikes from other manufacturers also experience the same problem. And this is true of other manufacturers' bikes of similar design.

But the bottom line is that if your engine vibrations translate into strong vibrations throughout the entire bike, you're going to experience some serious problems retaining control of the vehicle. Lateral wobble at a critical point in a turn or on a curve translates into "rear steer" that can cause a violent crash.

If you've suffered a bike crash or lost a loved one to a fatal bike wreck and you believe the cause might have been the Harley death wobble, consult with our dedicated Galveston motorcycle accident attorneys on your problem. We offer a free initial legal consultation to discuss the specifics of your case and answer questions you might have about your legal options and chances for a fair financial recovery for your injuries. Call us today at 877-307-9500 (toll free) or contact us electronically through our website. Our goal is a just financial recovery for your accident.

On the chain reaction disaster that creates an I-10 multi-vehicle crash

Fri, 30 Dec 2011 08:00:00 EST

You might have read about the devastating multi-vehicle crash that happened in New Orleans on I-10 Thursday morning. The deadly pileup left two Louisiana men dead and dozens injured. At least 40 trucks, cars, vans, and other vehicles became entangled in the wreck. Witnesses placed the blame on dense clouds of black fog or smoke that left drivers unable to see.

Most of the major multi-vehicle crashes around the world result from dense fog. Smoke, blinding snow, and sun glare represent other reported causes of major multi-vehicle pileups. These serious chain-reaction wrecks tend to occur on heavily trafficked, multi-lane roadways like U.S. freeways and German autobahns.

When the leading vehicles on these roadways encounter sudden banks of fog or other conditions obscuring visibility and the vehicles around them, they are generally traveling at high speeds. They might crash into the vehicles in front of or beside them. If they suddenly slow or stop to avoid colliding with those ahead of them, other vehicles traveling behind may rear-end them at high speed.

Drivers and passengers encountering sudden pockets of limited visibility might hear vehicles crashing up ahead. But without the ability to see where safety lies, they might not be able to avoid becoming part of the pile-up. Hundreds of vehicles may eventually take part in the multi-vehicle pileup. The pileup might even end up with more than one focal point.

Trucks, cars, buses, and motorcycles might all take part in the deadly mix. Vehicle occupants could suffer injuries from more than one impact and experience catastrophic or fatal injuries as a result. Trapped in the wreckage, they experience danger from additional crashes and fires that ignite in the damaged vehicles.

Investigating a multi-vehicle pileup and determining its true causes is difficult. Liability may be shared among numerous parties. Your medical expenses from such an accident could be considerably higher than from an ordinary vehicle accident.

Your chances of recovering financial compensation for your injuries could be greatly enhanced when you retain a Houston accident lawyer experienced in the intricacies of complex accident investigations and case preparation. If you've been injured in a multi-vehicle crash, contact our experienced trial lawyers at Denena & Points for a free legal consultation.

Our sound advice could help you understand your legal options and make wise choices to maximize your financial recovery. Download our free e-book on important things you need to know after a serious Houston accident to help you get started. And call us toll free at 877-307-9500 or contact us electronically through our website. Let us help you recover.

Unusual Kitchener ON balcony collapse indicates wear & stress from age

Thu, 29 Dec 2011 08:00:00 EST

In an unusual balcony collapse accident in Kitchener, Ontario, a second floor balcony on a home collapsed under a man stringing Christmas lights but remained attached to the home. As a practiced balcony collapse lawyer, I suspect that the balcony separated from the front supporting members. The Kitchener, ON balcony dropped and fell against the front of the home where it hung perpendicular to its previous position.

This indicates that the attachment to the home itself through the ledger board was probably still fairly secure. The connected bolts may have sheared some to allow the balcony to hang at a 90-degree angle rather than falling off altogether. So the attachment is no longer structurally sound, and the remainder of the balcony could fall at any time.

The news item describing the accident doesn't go into detail on the balcony itself. The reporter focused on the poor man left dangling from a tree after his balcony collapsed beneath him.

But for the front edge to have fallen while the back edge remained connected to the wall, we might infer that the balcony was made of wood and that the connecting hardware and support joists at the front had corroded or weakened over time. The balcony might have been 20 years old or more. Older wood finishes don't protect wood as well as newer treatments. (On the other hand, the newer treatments corrode metal connecting hardware more quickly.)

The wood might have begun to crack and split at the connection points, leaving only a fraction of the original support for the live loads on the balcony. In this weakened condition, the balcony would not have been able to successfully transfer the load of even one adult male. In trying to transfer the load, the stresses could have pushed supporting members away from the balcony floor and rails that they were supporting, leading to a sudden balcony collapse accident.

The 67-year-old man standing on the second floor balcony was both nimble and fortunate. He transferred his live load to the tree beyond the balcony just in time to save himself from a nasty fall. Most victims of balcony collapse are not so lucky. Many receive catastrophic injuries, and more than a few die in balcony collapse accidents.

Prior to its collapse, the balcony in Kitchener, ON might have appeared just as sturdy as always. Corrosion of connecting hardware, slow wood rot beneath the balcony finish, and time-related splitting, cracking, expansion, and contraction of wood structures can require a close inspection and trained eye to detect.

Our experienced balcony collapse lawyers at Denena & Points could help you recover just financial compensation if you've been injured by a sudden balcony collapse accident. We've guided clients to successful outcomes in several high-profile balcony collapse claims, and we could help you too.

Contact us today through our website or toll-free at 877-307--9500 to schedule a free and confidential legal consultation to discuss your accident. We could explain your legal options in the case and strategies for financial recovery. Our goal is your successful recovery of fair compensation for your unexpected balcony collapse injuries.

U.S. NHTSA recalls for hidden vehicle design & manufacturing defects

Wed, 28 Dec 2011 08:00:00 EST

Motor vehicles are complex machines. It's not surprising that occasionally design flaws and manufacturing defects creep into the intricate assembly of myriad parts that makes up the modern motor vehicle.

Some of the areas most prone to design flaws and car manufacturing defects include:

· Tires,

· Airbags,

· Fuel line components, and

· Steering components.

But design flaws and manufacturing defects can affect any part of a vehicle, and the U.S. NHTSA issues a continuous stream of recall notices affecting various makes and models. It's important to protect yourself from possible injury by keeping up with recall notices and the recall history for your car. The NHTSA website provides a list of recalled vehicles and a search function you can use to check whether your car has been subject to a recall.

The safety-related defects for which the U.S. NHTSA issues recall notices pose major hazards. Sudden fires, explosions, engine stalls, acceleration, and loss of vehicular control represent some of the primary hazards that prompt the recall notices. Catastrophic injuries and death could result from any one of these safety hazards.

But the NHTSA only issues a recall after it becomes aware of a problem. Sometimes it's the catastrophic injury or fatality from a safety hazard that serves to bring the design flaw or manufacturing defect to NHTSA attention. Sometimes the auto manufacturer is already aware of the hazard, but hasn't issued a recall on its own, hoping to skirt the dangers and avoid liability.

If you're the unfortunate victim of the manufacturer's delay, you deserve full financial compensation for the harm you suffered from the hidden safety hazard. At Denena & Points, we've made it a mission to hold auto manufacturers accountable for the harm they cause to unwitting victims.

Automakers already charge you a pretty steep price for their vehicles. Injury, pain, suffering, and disability from a hidden defect shouldn't add to that already high price you pay for your car.

If you have questions about a defect in your vehicle or an injury you've suffered, give our Houston auto defect lawyers a call at 877-307-9500. We'd be happy to answer your questions and provide you with the advice you need to make informed decisions. Your initial consultation is entirely free and absolutely confidential.

ASTM proposes voluntary standards to govern amusement railway trains

Tue, 27 Dec 2011 08:00:00 EST

Amusement ride accident lawyers note a promising development in the area of amusement park ride safety. ASTM International, a global leader in the development of voluntary safety compliance standards, has begun an initiative to develop standards to govern amusement railway trains.

You might not know that many of the harmless looking amusement train rides you see at transportation museums, zoos, carnivals, and other places are not yet governed by a cohesive set of safety standards. Many of these railway rides are assembled and run by train enthusiasts and hobbyists who may be exacting on matters of scale and historical detail, but who might not be well versed in the safety requirements for running the trains for other peoples' amusement.

If you worry that "voluntary" standards sound like they won't do much to ensure your safety on the trains, consider that throughout the amusement ride industry, many of the already existing safety standards are voluntary ones. But owners and operators seek to comply with the voluntary standards to avoid the costly liabilities associated with failures to comply. Accidents from amusement rides of all types are surprising rare. But when they do occur, amusement ride accidents tend to be particularly serious, causing gruesome and deadly injuries.

ASTM seeks to address the problems and dangers posed by a lack of cohesive standards governing amusement railway trains. Accidents on such amusement railway rides are relatively rare, but they can be fatal. ASTM's subcommittee on Special Rides and Attractions is focusing on the development and delivery of international voluntary consensus standards in two major categories affecting amusement railway rides.

1. Practice for Amusement Ride Steam Locomotives (ASTM wk31185), and
2. Practice for Amusement Railway Ride Tracks, Devices, and Facilities (ASTM wk 35400).

The standards intend to provide owners and operators of amusement railway rides with a handy reference that they can use to operate, maintain, and inspect their railway rides. A generally accepted and followed body of standards could allow the train system owners and operators to better ensure the safety of their employees and guests.

The final ASTM standards will cover roadways, rails, rail joints, ties, turnouts and other equipment related to the operation of the amusement railway rides. ASTM wk35400 will apply to the design, manufacture, installation, operation, maintenance, and inspection of "permanently installed amusement railway ride tracks and their associated devices and facilities."

ASTM has invited all interested parties to help participate in the development of the two amusement railway ride standards. The owners and operators of amusement railway rides will be the primary users of the standards. Their employees and guests will be the primary beneficiaries of the standards.

Good standards could help avert such needless tragedies as occurred at the Texas Transportation Museum in San Antonio when a worker was killed during operation of one of the amusement railway rides. But even with the best, most comprehensive standards, human error and mechanical failure can still lead to sudden accidents.

If you've been injured or lost a loved one to an amusement ride accident and you have questions, contact our amusement ride accident lawyers for a free consultation. We have answers and solutions that could help you obtain just financial compensation for your injuries and cope with the aftermath of a devastating accident.

Drinking and driving remains a favorite Houston area holiday pastime

Mon, 26 Dec 2011 08:00:00 EST

This Houston car crash attorney was hoping to see strong positive results after all of the high profile campaigning by public safety organizations and nonprofits against drinking and driving during the holiday season. I expected that the staunch application of the Texas "no refusal" program might succeed where public service messages might fail.

But Christmas day brought news of yet another drunken driver slamming his vehicle right into a Houston police car. I've written before about the odd frequency with which drunken drivers drive right into police vehicles. It's like there's a DWI driver homing signal or something. I guess it just surprises me that they drive right into marked patrol cars. It probably shouldn't.

I was also just reading a piece by the Montgomery County Police Reporter mentioning that in just 3 days, 30 DWI drivers had been booked in towns north of Houston. I haven't seen the numbers yet for Houston itself. But the drunken driving accident mentioned in the preceding paragraph speaks for itself.

Drunken drivers evidently weren't deterred by the various campaigns against drunken driving. They haven't been deterred by increased penalties in Texas for drunken driving. Apprehending drunken drivers and keeping them behind bars and off the streets might be the only solution for the problem of drunken driving in our Houston area.

The holiday season magnifies the problem of drunken driving. More than the usual number of drivers indulge in too much Christmas cheer and then get behind the wheel. But the rest of the year is by no means free of the dangers of accidents caused by drunken drivers. Texas continues to lead the lead the nation in drunken driving fatalities.

If a drunken driver has injured you, you know the high costs of DWI accidents. And you probably need help coping with the heavy physical, emotional, and financial burdens the drunken driver's crash has caused you.

Contact our Houston car crash attorneys for a free legal consultation about your accident. We've been helping the injured victims of drunken drivers to obtain just financial recoveries for their injuries for more than 12 years. Our experience and dedicated counsel could help you too. Call today, or contact us through our website. Let us help; it's what we do.

Varying severity, treatments, & outcomes for Texas TBI injuries

Sat, 24 Dec 2011 08:00:00 EST

As Clear Lake accident lawyers, we see clients who have experienced traumatic brain injuries (TBIs) and their aftermath after serious car, pedestrian, and motorcycle accidents. Athletes, along with accident victims, are a group that also suffers a disproportionate number of TBIs. Athletes and the complications they might experience from multiple TBIs over time have been a focus of major research studies and news stories in recent years.

Treatments for a TBI encompass monitoring and control of intra-cranial pressure after an injury, ensuring adequate blood flow to the injured brain, surgery when needed to control the bleeding in and around the brain, and generally treating the patient for any other injuries or infections that could augment the effects of the TBI.

The outcome after a TBI can range from a fine recovery to fatal injury. The cause of the TBI as well as the location and severity of the injury play a part in determining the outcome. The Glasgow Coma Scale is one measure used to categorize TBIs by their severity. The scale measures verbal response, eye opening, and motor response.

A mild TBI might involve the following:

Loss of consciousness for 30 minutes or less,

A loss of memory regarding the events just before or after the accident injury, and

Disorientation or confusion at the time of the accident.

Long-term effects after the accident and TBI might include headaches, cognitive difficulties, or memory problems. Particularly with a mild TBI, you might not have noticed the symptoms at the time of the injury. You might have thought you were fine and suffered no ill effects from the accident until later.

If you or your family members have suffered an accident and you believe you might have the symptoms of a TBI, seek medical diagnosis and treatment for the injury. If you have questions regarding your eligibility for financial compensation for your injury, contact us for a free legal consultation. If you have questions, our Clear Lake accident lawyers have answers.

Santa's looking out for your safety this holiday season in Texas

Thu, 22 Dec 2011 08:00:00 EST

You may already have seen the story that our Houston car crash attorneys passed along about the helpful Santa Claus who saved a man from a burning wreck up in DFW. Santa Claus is also on record this holiday season in a TxDOT commercial scolding his partying reindeer after they've indulged in a bit too much holiday cheer.

After all, drunk is no way to pull a sleigh full of heavy toys through neighborhoods filled with hopeful children. How would concerned parents explain the sleigh crashed into the roof? The myriad of smashed toys spread across the neighborhood? And the stumbling reindeer tangled in the sleigh's traces while police ticketed a sheepish Santa Claus for DWIR (Driving with Intoxicated Reindeer)?

The TxDOT message, while conveyed in an entertaining way, is dead serious. Our Houston car crash attorneys have discussed before how Texas has one of the highest rates of drunken driving and alcohol-related fatalities of all the U.S. states. For some years, our state has held the dubious honor of first place in alcohol-related fatalities. Last year, Texas had 2,998 alcohol-related crashes.

And the holiday season from Thanksgiving week through New Year's brings the highest concentration of DWI offenses and alcohol-related crashes. TxDOT is partnering with other agencies and organizations to raise awareness of the dangers of drunken driving this season as well as awareness of alternative options for getting home if you've had a bit too much holiday cheer.

During the holidays, the DPS is focusing on use of "no refusal" policies that enable officers to get forced blood draws from suspects arrested for DWI offenses. And many establishments selling and serving alcohol are arranging for free cab rides home for patrons who need them. Billboards, commercials, bar coasters, and several other methods are being used to get the word out about the dangers of drinking and driving and the options you have for getting home safely after you've drunk a bit too much.

The essential message is: by all means, enjoy the holidays. But do so responsibly. Don't endanger your own life or others' lives. Our Houston car crash attorneys remind you that if you've had too much to drink to drive safely, there's help available to get you home. You can designate a driver for your holiday nights out, or look for an establishment offering free cab rides home. Don't bring your holiday season to an untimely end. Drive safely, and drink responsibly.

And if you have the misfortune to be injured in a wreck caused by a negligent driver during the holidays, you can contact our Houston car crash attorneys for a free and confidential legal consultation. We could help you learn about the steps you need to take to preserve accident evidence and your legal rights to financial compensation for your injuries. We could help you successfully prove your valid claim and obtain a full financial recovery for your injuries. Contact us through our website or toll free at 877-307-9500.

On New York City elevators & dangerous places you don't want to be

Tue, 20 Dec 2011 08:00:00 EST

Our Houston elevator accident attorneys have read of a recent spate of horrifying and deadly incidents in New York City elevators. These gruesome tales come at a time when many Texans traditionally head up to New York City to take in the holiday festivities, shopping, and decoration for which the city is noted.

1. You might have read of Suzanne Hart, the Y&R advertising executive whose leg became trapped by a fast moving elevator at her office building on Madison Avenue on Wednesday. The elevator began moving with its doors still open. It jerked Ms. Hart upward by her trapped leg. She died crushed between floors after the elevator began moving at a high rate of speed. The elevator became stuck between floors, and horrified elevator occupants had to be rescued.

Occupants of the elevator have been evaluated for psychological trauma since witnessing the terrible and gruesome accident occur right before their eyes. Records show that the elevator that killed Ms. Hart was serviced only hours before her death. Our Houston elevator accident attorneys notice that some reports are blaming the elevator malfunction on recent electrical rewiring and a power surge.

2. Transel Elevator, the company that serviced the elevator that killed Ms. Hart, is also being called to account for a 2009 elevator accident that left 92-year-old Anne Landle with head injuries. She is also unable to walk unaided since the accident. Elevator doors slammed shut on Ms. Landle as she was stepping into an elevator at a Park Avenue office building. The force of the doors slamming together against her threw Ms. Landle forward onto the marble floor of the elevator. She hit the hard floor headfirst and lay in a gathering pool of her own blood until help arrived.

3. This past Saturday, news reports detailed a calculated and horrifying murder in a Brooklyn, NY elevator. Jerome Isaac, dressed as an exterminator, doused Deloris Gillespie, a former employer, with highly combustible liquid as she began to step out of an elevator in her apartment building. Then he tossed a Molotov cocktail inside the elevator and left her to burn to death as he took the stairs out of the building. Police say he turned himself in on Sunday after setting his own apartment alight. Isaac faces murder and arson charges.

4. On Christmas Day of last year, Deborah Jordan got caught in a faulty elevator that dragged her up 8 floors, crushing her arm and leg against the wall of the elevator shaft in the process. A repairman had mistakenly disabled a safety switch that would have prevented the elevator from moving while its doors were still open. He had called up the elevator without making necessary safety checks to see if it was in use. The repairman has been charged with assault and reckless endangerment. Mr. Jordan now faces a life of pain and disability because of the repairman's error.

New York City is a vertical city. It depends upon elevators for its daily activities. Workers, visitors, and residents would find it almost impossible to avoid using elevators on a frequent basis. Each year, dozens of elevator accidents occur, some causing horrific and lifelong debilitating injuries. Relatively few deaths occur from New York City elevator accidents, but when they do, they tend to make the news because of their spectacular and gruesome nature.

But New York City isn't the only place they relies on elevators. Modern cities all over the nation and all over the world increasingly feature high-rise hotels, luxury residential towers, and office buildings. Our Houston elevator accident attorneys face the prospect of taking elevators on an almost daily basis. Poor elevator maintenance, faulty wiring, damaged cables, less than thorough inspections, and repairmen's errors are only some of the possible causes of the occasional elevator accident.

If you have the misfortune to suffer one of the relatively rare elevator accidents in our Houston area, you might face long-term medical care needs, permanent disabilities, and enormous expenses from the accident. But proving fault in an elevator accident requires a careful investigation and a highly technical presentation of evidence.

You'll need the help of a Houston elevator accident attorney to obtain the full financial compensation you need and deserve from your accident. Contact us today for a free legal consultation and let us explain how we could help you win your claim. We could walk you through your various legal options based upon the specific facts and circumstances of your accident. Let us help you recover; call today.

Hold negligent truck drivers accountable for the losses they cause you

Mon, 19 Dec 2011 08:00:00 EST

Our Texas truck accident lawyers want you to know that when a negligent truck driver causes an accident, and you have financial losses from that accident, you don't need to be a helpless victim. Texas law provides remedies so that you can hold negligent drivers accountable for their actions and make them pay for the accident damages they've caused.

Just Saturday night, Laday Corre, behind the wheel of a Dodge 1 ton flatbed truck, accelerated through the wall of a store just missing the store clerk and causing substantial damage to the store. The wreck probably also destroyed some merchandise and took a high toll on the nerves of the store clerk. The wreck happened at the Abby Mart just outside of Splendora, TX.

News accounts of the incident don't relate what caused Laday Corre to accelerate directly into the store instead of just parking outside and walking in like other folks. Even if the wreck was a simple accident caused by accidentally applying the gas pedal instead of the brake, driving through the wall of the store represents an act of negligence. The store owner could file a civil suit to recover financial damages from Ms. Corre to pay for repairs to the store. If brake failure due to a mechanical defect was a factor, the store owner might be able to recover from the manufacturer or other party responsible for the brake failure. The store clerk might even be able to recover damages to pay for a bit of trauma therapy, if needed.

The key to a successful civil suit and a just recovery of financial compensation is an able Texas truck accident lawyer. An experienced Texas truck accident lawyer knows how to conduct a thorough investigation to identify accident causes and responsible parties. His legal expertise could ensure hat you have the evidence you need to make a successful accident claim for your damages. Your lawyer's knowledge of the intricacies and special challenges of truck accident claims could prove the crucial elements for producing a winning legal strategy and convincing arguments to present your side of the case.

If you've suffered losses because of a negligent truck driver, contact our Texas truck accident lawyers at Denena & points for a free legal consultation. And download our free e-book on the essentials of truck wreck claims.

We have a background in and inside knowledge of trucks, truck driving, and the trucking industry that you won't find with many other lawyers. Our extensive experience has enabled us to help our clients win claims against negligent truck drivers and trucking companies for more than a decade. We could help you too. Contact us today.

Neglecting to maintain a truck's tires can lead to fatal Texas wrecks

Sun, 18 Dec 2011 08:00:00 EST

Our Conroe, TX truck crash lawyers noticed a story on Friday about a messy 18-wheeler wreck in Orange that the investigating officer clearly attributed to the truck's bald tires and lack of maintenance. What happened in the truck crash is that a truck slowed down for a previous accident where a GMC pickup had run into the median at the I-10 FM 1136 exit. After getting around that accident the trucker sped up, apparently excessively.

The truck hydroplaned and the truck driver overcorrected. The 18-wheeler then jack knifed, which broke the truck's trailer into two pieces. The truck then hit the highway wall and might have damaged it. The truck's driver received transport to the hospital for a dislocated shoulder.

Electronic equipment from the truck's cargo fell over the overpass onto the frontage road below. The officer at the scene attributed the accident to bald tires and a failure to maintain the truck. Officers cited the truck driver for speeding during inclement weather and for defective equipment, the bald tires.

It's pure luck that no other injuries, vehicle damage, or fatalities resulted from the messy wreck and the falling 18-wheeler cargo. Truck wrecks on busy I-10 often make the news for their extensive damage and tragic fatalities.

Massive 18-wheelers are extremely dangerous to smaller vehicles and their occupants who happen to be sharing the road with these heavy behemoths. Driving a poorly maintained 18-wheeler with bald tires down busy I-10 in inclement weather is just plain negligent. Speeding down I-10 while driving a poorly maintained 18-wheeler with bald tires is closer to gross negligence.

If nothing else, the state and local governments should claim compensation from the negligent truck driver and trucking company for the costs of repairing the I-10 wall and responding to and investigating the accident. Otherwise it's our tax money that will go to making the repairs and paying the costs of this unnecessary accident caused by trucking negligence.

Negligence and the needless accidents and harm it causes cost us all money. Money that we just can't afford in this stagnant economy. The slowed economy was likely also caused by negligence, probably wanton and willful negligence at that. But such is not our area of practice.

We should hold negligent drivers, trucking companies, manufacturers, and others accountable for the costly harm they cause. Our experienced Conroe, TX truck crash lawyers stand ready to help you if you've suffered injury or economic losses from a truck wreck. Download our free e-book on the essentials of dealing with costly 18-wheeler wrecks. The book will help you understand the process for recovering fair financial compensation for your injuries. And if you have questions about your own truck crash, you could contact us for a free initial legal consultation.

Negligence in Cameron, TX Wrongful Death by 18-Wheeler

Sat, 17 Dec 2011 08:00:00 EST

As Pearland injury lawyers, we have found that many people seem to believe that negligence is only present where a driver either meant to harm someone or just really didn't care where they harmed someone or not. But that's not the case. Negligence is simply that. Neglect. A driver might have had all the best intentions in the world, but nonetheless failed to take some small precaution that would have spared someone injury or death.

As an example, our Pearland injury lawyers remind you that many relatives of small children accidentally run over them in home driveways. These relatives never intend to harm the children, and they may feel terrible for the rest of their lives after the accident. They might have left the child at an inside location that they thought was safe as they headed to the car. They might have looked carefully in all directions before they started backing out of the driveway. They might have started backing out slowly and carefully.

But the child ran out the door when they weren't looking and behind the vehicle. Even the smallest car's rearward blind spots can hide several small children. And the relative neglected to walk carefully around the car before starting it to check for the presence or chance approach of children.

In Cameron, TX on Thursday evening, Ross D. Boothe of Granbury was run over by an 18-wheeler and dragged to his death as the truck drove from a parking lot to a fueling area of a truck stop. Police say that it was raining at the time of the accident and that they don't expect charges to be filed against the truck driver.

According to news reports, the Cameron truck stop incident was an accident. The news accounts imply that the truck driver did not know that the truck had struck a person or that the truck was dragging someone along as it moved to the fuel station. It might be that the rain caused the truck driver to neglect the more thorough precautions and actions that he might have taken on a dryer day. A great proportion of personal injury and wrongful death civil claims revolve around just such issues of negligence that led to serious injury or untimely death.

Negligence, especially the minor, seemingly harmless act of neglect, is an ever-present part of human activity. It's perhaps one of the great tragedies of human existence that the smallest moments of weakness or neglect can often cause the gravest harm.

If you have been injured or you have lost a loved one to negligence, and you need help proving your valid claim for compensation, contact our Pearland injury lawyers at Denena & Points for a free consultation. You can contact us through this website or toll free at 877-307-9500 to discuss your concerns about the accident.

Our Pearland injury lawyers could answer your questions about your legal options and the steps you need to take to preserve your legal rights and chances for a full financial recovery. Contact us today.

On dangerous drivers out on American roads with you & willing to kill

Fri, 16 Dec 2011 08:00:00 EST

Our Houston wrongful death attorneys remain appalled by the many news reports containing disturbing accounts of reckless, intoxicated, and just plain hateful drivers who use their vehicles as weapons to kill innocent people. Generally speaking, the reports say that the killers never even met the victims of their crimes before they took their lives.

You may have read about the worthless father in Arlington, TX who crashed multiple times affecting at least 10 vehicles. He had his two twin toddlers in an SUV with him as he crashed into a pickup at around 100 mph, killing the pickup's driver. Then he fatally shot a man who approached his SUV.

In Canada, surveillance videos show Jeffery Kevin Leinen of Calgary pulling up about 10 to 15 meters away from a milling crowd, idling his truck for a few moments, accelerating into the crowd and striking people with the truck, then turning and driving away. Jeffery Kevin Leinen killed one 18-year-old man with his actions and seriously injured a 19-year-old. Caught and facing the consequences of his crime, Jeffery Kevin Leinen now tells authorities that he's sorry and that he didn't mean it. Surveillance videos indicate he did mean it. And "sorry" won't bring back a lost life.

Then in Richmond, these Houston wrongful death attorneys read that Circuit Judge Bradley B. Cavedo just released 40-year-old Christopher Sessoms on bond into the care of his parents. Witnesses saw Christopher Sessoms deliberately cut across all lanes of traffic at around 90 mph to cut off a Honda Accord and maneuver it off the highway and into a concrete guardrail that sent the Honda airborne to crash into a bridge abutment below. The Honda's driver was killed as the Honda itself was obliterated by the impact.

Reportedly, Christopher Sessoms had never met the Honda driver before he killed him. He faces charges of involuntary manslaughter, driving with a suspended license (it had been suspended since 2003), and death resulting from reckless driving by racing. Christopher Sessoms has a lengthy criminal record that includes a drug conviction. At the time of his arrest with his girlfriend who was a passenger in the truck when they forced the Honda off the road into the deadly crash, his girlfriend had a substantial number of drugs on her person.

The judge released Christopher Sessoms on bond to be overseen by his parents until trial. His mother insists that Christopher Sessoms doesn't have a drug problem and that the parents will get him to his court appearances. Our Houston wrongful death attorneys feel that the lengthy criminal record and deadly behavior of Christopher Sessoms indicate that his parents haven't done a very good job of supervising him or controlling his behavior in the past.

Our Houston wrongful death attorneys caution you about the many dangers and reckless, even deadly, drivers that you might encounter out on the North American roads. If you're injured or you tragically lose a loved one to someone's negligence on the road, you might have questions about what you should do and how you can seek just recompense for your undeserved losses. Contact us online or toll free at 877-307-9500 for a free legal consultation. We could answer your questions and help you find the proper road to financial recovery.

Misdeclared Container Weights as a Factor in Deadly TX Cargo Accidents

Thu, 15 Dec 2011 08:00:00 EST

Galveston maritime injury attorneys note that ships' masters and cargo loaders have learned the hard way about the tendency of shippers to misdeclare the weights of their shipping containers on shipping manifests. Shippers hope to avoid the extra costs associated with higher weights of shipped goods. And they know that the lack of regulations mandating weighing of containers prior to loading and the lack of funds and manpower for inspecting cargo allows them to get away with their subterfuges. It's only when accidents result from the misdeclared container weights that the differences might be noticed.

Ships' masters use declared weights of shipping containers to plan their stowage requirements and loading for onboard stability at sea. If shipping containers weigh more than the declared amounts, higher containers in a stack can magnify any structural integrity problems or weaknesses in containers lower in the stack. Our Galveston maritime injury attorneys caution shippers that this extra weight stress can lead to sudden collapses of entire container stacks and costly injuries or fatalities.

An individual shipping container might weigh many tons and measure 40 feet long. A cargo collapse accident isn't like a stack of boxes collapsing out of an overloaded closet at home. A collapse of a shipping container stack can easily be deadly. Excess, misdeclared container weights not only overstress the shipping containers, they also apply excessive compression and racking forces on the lashings that secure the shipping containers in place on board a cargo vessel. Heavy weather during transit only adds to the danger.

But sometimes the cargo accident occurs before the container even reaches the ship. For instance, a few months ago our Galveston maritime injury attorneys read about a cargo accident on an Australian wharf from misdeclared container weight. A 28-ton shipping container that had been declared as only 4 tons fell more than 40 feet from a crane and narrowly missed crushing two workers who wisely ran for their lives when they saw the danger. The 28-ton container had exceeded the crane's weight limit.

Cargo accidents resulting from excess, misdeclared container weights can easily lead to catastrophic injury and death. Expenses from such accidents can be life-long for surviving victims. Families of victims who don't survive often find themselves without the family's primary breadwinner. Victims might be eligible for financial compensation for their losses under the Jones Act, the LHWCA, or the Death on the High Seas Act.

If you've been injured or lost a loved one to a cargo accident and you need to know what steps you should take to obtain a financial recovery and get your life back on track, contact our Galveston maritime injury attorneys for a free and confidential legal consultation regarding the accident. You can call us toll free at 877-307-9500 or click on the live chat option on our website for help. We could answer your urgent questions about what to do and how to proceed in making your recovery. The consultation is free; the legal advice could be priceless.

Galveston Injury Lawyer asks: How Safe are School Buses for Your Child?

Wed, 14 Dec 2011 08:00:00 EST

This Galveston injury lawyer was startled to see Blue Bird school buses on the list of the NHTSA's latest recall alerts. The problem relates to a Blue Bird fuel line leak that could lead to fire. Not the sort of problem you want to have on your child's school bus.

School districts all over Texas use Blue Bird school buses. In fact, Blue Bird school buses operate worldwide. You may have seen the bird shaped logo on many of the school buses around our area.

But it isn't just the recall notice that has this Galveston injury lawyer wondering about school bus safety for our children. I've seen a rash of news reports on school bus accidents in the last month or so. Among the school bus related accidents recently in the news were the following.

An accident yesterday where a driver in a Toyota Avalon ran a red light and struck an Aldine ISD school bus carrying 48 students from Eisenhower Senior High. Four of the students received transport to hospitals following the school bus accident.
Stories revealing that the NTSB found that a 19-year-old driver who caused a fatal school bus accident in Missouri had sent or received 11 text messages in the 11 minutes preceding the deadly crash.
A drunk driver in Silsbee, TX struck two schoolgirls and their grandfather earlier this month as they walked from the school bus the girls had just exited. The grandfather received critical injuries from the DWI accident. One girl received serious injuries, while the other girl received less serious injuries.

School buses and school zones clearly aren't immune from the horrific injury accidents that occur on Texas roads every day. If you or your child have been injured in an accident and you have questions, contact our Galveston injury lawyers at Denena & Points for a free and confidential legal consultation. We have your answers and solutions.

Our experienced and aggressive Texas Board Certified Galveston injury lawyers could help you achieve a full financial recovery for your accident losses and expenses. No fee unless you win.

Good Samaritan struck by Texas drunk driver removed from life support

Mon, 12 Dec 2011 08:00:00 EST

Luis Turcios, a Good Samaritan who owned a car repair shop off the Old Beaumont Highway, died on Saturday night after being removed from life support. Mr. Turcios responded to the scene of a fatal pedestrian accident on December 3, 2011. The accident occurred across the highway from his shop, and Mr. Turcios ran to offer what help and support he could give.

Luis Turcios was on the phone with authorities regarding the initial pedestrian accident when a heedless drunk driver, Lydia Martinez Mejia, ignored accident barriers at the scene. Lydia Mejia sped by the barriers, struck a wrecker driver and Mr. Turcios, hurling him 20 feet in the air, ran over the pedestrian accident victim a second time, and fled the carnage. An uninjured wrecker driver followed Lydia Mejia and caught her up before she could escape.

Mr. Turcios was removed from life support one week after the accident. He lost his life trying to help others.

Lydia Mejia is being held in the Harris County Jail wisely without bond. Charges against her include:

Intoxication manslaughter,
Causing an accident involving injury or death, and
Marijuana possession.

Our Texas DWI accident attorneys lament the loss of a good and concerned man like Luis Turcios who was willing to help strangers in need. His untimely passing serves to remind us of the tragic toll taken on our society by callous drunk drivers and the DWI accidents they cause.

Our DWI accident attorneys could help those who've been injured by drunk drivers or lost loved ones to their misdeeds to recover financial compensation for their losses. But no amount of money can ever recompense people for the loss of a beloved companion, or for the loss of their own health and well being.

This is the holiday season, a time when more revelers tend to drive drunk than at any other time of the year. If you see a friend or family member about to get behind the wheel while intoxicated this holiday season, stop them and help them find a safe alternative transport. Think of the good people, even yourself, that you might be saving through your concern.

Think of the tragic and unnecessary death of Luis Turcios. Don't let his death be in vain. He died trying to help others. If we remember his needless death at the hands of a heedless drunk driver and act responsibly, his memory might continue to help and save others.

Some Things You Might Want to Know About Truck Accidents in America

Sun, 11 Dec 2011 08:00:00 EST

The Houston truck accident lawyers at Denena & Points note that around 35,000 people per year die in fatal traffic accidents in the United States.

· About 10% of these fatal traffic accidents involve a commercial vehicle.

· Some estimates say that up to 80% of accidents involving a commercial truck are caused by the other driver.

· These fatal traffic accidents cost Americans approximately $5,000 each second. That's about $300,000 per minute.

Did you know that the United States has about 500,000 commercial trucking companies? The U.S. commercial trucking companies operate more than 2,000,000 commercial trucks. A majority of commercial trucks remain owner operated. If you break down a trucker's annual pay, he makes on average about 30 cents per mile.

The math shows that commercial truck drivers have a huge financial incentive to avoid accidents. But our Houston truck accident lawyers see that truck accidents continue to happen at an alarming rate in the United States. Heavy commercial trucks have enormous momentum. If another driver tries to cut them off or beat them at a turn or a light, the truck can't slow down or adjust course as quickly as a car. So a deadly crash might result. The cost of such accidents gets measured in lives and debilitating personal injuries as well as in money.

If you were injured in a Houston truck accident or you lost a loved one to a Houston truck accident, you might need experienced legal help to recover just financial compensation for your losses even though the wreck was someone else's fault. Winning a claim in a truck accident case can be an uphill battle.

Aggressive insurance adjusters defending high dollar policies could give you the run around and attempt to lay the blame for the accident on you. You need a Houston truck accident lawyer with extensive knowledge and experience handling truck accident cases and aggressive insurance company tactics to help you win your claim.

Contact the aggressive Houston truck accident lawyers at Denena & Points for a free and entirely confidential consultation regarding your accident. We protect your rights and interests from start to finish. We could ensure that you get the full financial recovery that you deserve for your traumatic accident losses. Call today; we're here to help.

The Cost of Poor Driving Decisions on Texas Roadways

Sat, 10 Dec 2011 08:00:00 EST

The Montgomery County Police Reporter posted a fine story and some great photos of a costly tanker truck accident on State Highway 242 yesterday. Apparently the tanker truck driver tried to beat an oncoming driver as he turned his rig left into a subdivision. The tanker truck was hit by the oncoming vehicle, which smashed up the front of that car and ripped into the truck's 200-gallon tank of diesel fuel.

Erica Hernandez of Conroe drove the Dodge Charger that broadsided the tanker truck when it failed to yield right of way. Ms. Hernandez received transport to the hospital in stable condition for her injuries from the tanker truck wreck. The driver of the truck, owned by Terra Renewal, said he "thought he could make it."

To our Houston truck wreck lawyers, that seems a pretty lame excuse for the wreckage that followed the truck driver's poor driving decision. That tanker truck driver was driving a tanker truck full of combustible diesel fuel for pity's sake. With that dangerous cargo in tow, one would expect a professional truck driver to be more careful and responsible. You don't pull a big, slow-moving rig full of combustible fuel out in front of an onrushing car on the highway, especially if that car has the right of way and probably wasn't prepared for such a risky maneuver.

Houston truck wreck lawyers well know that mishandled and poorly driven, a truck itself is a dangerous weapon. With a tanker full of diesel fuel, it's a dangerous incendiary weapon. There's just no excuse for the kind of negligence that this tanker truck driver exhibited in failing to observe the legal right of way and trying to beat Ms. Hernandez's oncoming Charger across the road.

We're grateful that the damage and injuries from the wreck weren't any worse. Our Houston truck wreck lawyers are also grateful for the professional and methodical work of first responders and HAZMAT personnel in containing the damage so quickly and methodically. We use SH 242 ourselves pretty frequently. The wreck could easily have been far more costly than it was. Let's take a look at some of the more obvious costs of this wreck:

Damage to the car (it looks like it might have been totaled).
Damage to the truck and diesel tank.
Loss of most of 200 gallons of expensive diesel fuel.
Medical bills of Ms. Hernandez and possible lost wages while she recovers. We wish her a safe and uneventful recovery after the frightening accident.
Costs of first responders and HAZMAT crews who worked the scene and cleaned up the dangerous mess.
Costs in time as SH 242 remained shut down while the wreck's damage was contained.
The small fine for the "failure to yield right of way" citation that the negligent truck driver received.

As Houston truck wreck lawyers, we shouldn't fail to also mention the costs of a civil claim for damages, should an injured party choose to pursue such a claim. We all see wrecks every day in the news, from small fender benders, to crashes with odd twists, to the really big wrecks that tie up traffic for hours or days.

Road wrecks have become so commonplace; we probably don't necessarily count the costs. But even the smallest accidents usually cost more than might meet the eye. All the better reason to take care, and try to avoid poor (and costly) driving decisions. Poor driving decisions can easily make you poor.

Choosing the Correct U.S. Statute for Making Your Maritime Injury Claim

Fri, 09 Dec 2011 08:00:00 EST

There are many bodies of law governing the rights and remedies of injured maritime industry workers. Some apply specifically to those engaged in sea-based employment. And some apply to those with land-based occupations. In cases where an American seaman is working on a foreign owned and flagged vessel, none of them may apply.

The issue of choosing the proper laws under which to make your maritime injury compensation claim is a complicated one. And many claims have been denied because of the claimant's wrong choice of law or jurisdiction. Claimants don't often get a second chance to try again if they choose wrongly the first time. Your choices include:

The Jones Act.
The Longshore and Harbor Workers' Compensation Act (LHWCA).
The Death on the High Seas Act.
General maritime law.
The Outer Continental Shelf Lands Act.
Individual states' workers compensation acts.

You need to ensure you get it right the first time. And statutes of limitations that provide deadlines by which you must make your claim mean that you don't always have much time to look into the issue before you must file.

Get the help you need to do things right. Contact our Texas maritime injury lawyers for a free and confidential consultation about your accident. We could help you determine under which law you need to file your claim, and when you need to file it in order to beat the statutes of limitations. If you have questions, we have the answers. Call today.

Negligence in Worker's Death by Moving Crane at Barbours Cut Terminal

Thu, 08 Dec 2011 08:00:00 EST

A man working at the Barbour's Cut Terminal on the Houston Ship Channel just suffered a horrific, fatal accident when he got trapped beneath a crane that suddenly started moving. The heavy machine's sudden motion apparently caught the worker up by surprise and severed his legs.

According to the news account of the Terminal worker's death at the Houston ship channel, the vice president of the International Longshoreman's Association said that "the crane is designed to move" and that the tragedy "appears to be an accident." The news account of the tragedy is too brief to provide a full context to the tragedy.

Indeed, it's not long enough for the Association vice president's statement to make much sense. Most heavy equipment is "designed to move" in some way. But is it designed to move suddenly, without warning to fragile human workers who might be in its vicinity and who might suffer grievous injuries from even slight contact with the moving crane?

A crane is an enormously heavy and powerful device. It has to be to do its job. It would just make sense that such a machine, before lurching into sudden motion, would warn nearby people to stand clear. Or least warn them it was about to move in some way, then give them a chance to get out of the way. Or that the operator of the crane would take care not to catch up other innocent workers in his machine's motion.

Was there a warning that should have been issued that wasn't issued before this mammoth machine began its motion? Did the warning signal not work? Were there not any safety procedures in place providing that such a warning should be issued? Did the machine suddenly go into motion when it shouldn't have due to a defect, operator error, or an easily accessible control switch left unguarded? Was the operator of the crane not paying attention when he initiated the crane's motion?

Basically, what happened in this tragic fatality? The news report doesn’t really say. But it does appear that the worker trapped and killed by the crane's motion was taken by surprise. And the news report implies that the worker was a regular worker or longshoreman. Such a worker would probably be familiar with working in the vicinity of the cranes along the Houston ship channel's busy piers and terminals.

Even with so little hard information available, it seems that some degree of negligence on the part of an owner, crane operator, or other party must be involved for this accident to have affected the tragically killed worker in the way that it did. The worker's devastated surviving family members could be eligible to obtain just compensation for the needless loss of their loved one.

Injured workers also have recourse through a Jones Act (Merchant Marine Act of 1920) tort case or through a worker's compensation claim under the Longshore and Harbor Workers' Compensation Act. We discuss the ways they could find some recompense through these Acts in further articles.

For help determining whether a Jones Act tort action of an LHWCA compensation claim governs your accident, click here.

Hazardous toys to look out for as you do holiday shopping at TX stores

Tue, 06 Dec 2011 08:00:00 EST

This time of year sees various organizations issue lists of toys they consider dangerous to your children. Hazards presented by these toys could include:

Strangulation.
Electrocution.
Laceration.
Punctures.
Choking.
Lead and chemical toxins.
Nearing reduction from noise levels.
Other forms of injury or death.

The consumer group called WATCH (World Against Toys Causing Harm) issued their list of the 10 most dangerous toys they found in stores this year. Their list includes a wooden duck pull toy by HABA with a pull cord almost a yard long that could strangle a small child. It also includes a Power Rangers Samurai Mega Blade figure with long dagger-like attachments that could puncture or lacerate a child.

The Public Interest Research Group (PIRG) issued its 26th annual "Trouble in Toyland" list of potentially dangerous toys. Their list includes a Hello Kitty eyeshadow key chain that poses a risk from high levels of toxins and a Sesame Street Oscar doll that poses a choking risk. Since PIRG began issuing its Trouble in Toyland report, the CPSC (Consumer Product Safety Commission) has issued recalls on 150 of the toys listed in the PIRG reports.

Last year alone, the CPSC recalled more than 3.5 million toys due to the risks of choking they posed to children. It also recalled about 200,000 toys due to high levels of toxins.

It's important to note that none of these products have yet been recalled. But by the time a product gets recalled, it may already be too late for your child who's been injured by the dangerous product. It's also important to know that many toys reach store shelves without being tested or evaluated for safety by the CPSC.

It's not just small toys for children that pose hazards this holiday season. Toys intended for adults, such as ATVs and expensive sports cars, also pose risks. When you're doing your holiday shopping, keep the safety of your family and friends foremost in your mind.

And if a dangerous or defective product has injured your child, give us a call for a free legal consultation about the accident. Our Texas Board Certified injury lawyers could walk you through your legal options and help you understand how you could make a full financial recovery for your costs from the accident. Your costs might include things like medical expenses and your child's pain and suffering. Contact us today to learn more. If you have questions, we have answers.

Harris County pedestrian accident & the case for wrongful death suits

Mon, 05 Dec 2011 08:00:00 EST

Saturday night in northeast Harris County saw a particularly horrific example of pedestrian-car accidents. First, a man driving a pickup truck accidentally struck Juan Mascotto, a man in his twenties, who was walking on the side of the Beaumont Highway near John Ralston. The driver of the pickup truck pulled over and waited for police to arrive. He told Harris County Sheriff's deputies that he hadn't seen the man walking in the highway.

Two wrecker trucks in the area formed a barrier around the accident scene as they waited for authorities to arrive. The two wrecker truck drivers and the owner of a nearby business tried to help the injured pedestrian.

While the business owner was on the phone to authorities, another pickup truck, driven by 62-year-old Lydia Mejia, attempted to bypass the barrier. Witnesses say that Lydia Mejia:

1. First swerved to evade the barrier,

2. Drove over the fallen Juan Mascotto,

3. Struck the business owner and one of the wrecker truck drivers, then

4. Attempted to speed away.

Fortunately, the other wrecker driver managed to initiate a pursuit and stop the fleeing Lydia Mejia within about a mile. Authorities have so far charged Lydia Mejia with failure to stop and render aid and an accident that caused injury or death. We laud the quick and heroic action of the wrecker driver in helping to catch such a callous would-be hit-and-run driver.

Juan Mascotto tragically died at the scene of the double pedestrian-vehicle accident. The wrecker driver injured by hit-and-run driver Lydia Mejia was treated for injuries and released at the scene. The business owner was transported to the hospital in critical condition, a very sad outcome for a Good Samaritan who was trying to help others.

News accounts of the fatal accident mention that it wasn't clear whether alcohol was a factor in the wreck. Or whether Lydia Mejia just presents a case of an unusually callous and negligent driver. In either event, surviving close family members of Juan Mascotto could consider initiating a wrongful death case in their quest to see justice for the early demise of the young man.

No matter what criminal charges eventually result from this horrific sequence of events on the Beaumont Highway, a civil wrongful death lawsuit could help Juan Mascotto's family members hold the negligent driver financially accountable for the actions that caused his death.

If you have lost a loved one to a fatal accident and you have questions about what you can do and whether you might have a valid wrongful death claim, contact our Harris County wrongful death lawyers for a free consultation. We could answer your questions and help you learn about your prospects for a successful financial recovery that would hold negligent parties accountable for the untimely demise of your loved one.

What a Parent Can Do When a Child is Injured in a Houston, TX Accident

Thu, 01 Dec 2011 08:00:00 EST

As parents, we Houston injury lawyers at Denena & Points were a bit horrified when we read of the 4-year-old boy who was struck by a car as he crossed the street in front of his school. While that accident didn't produce any major injuries or fatalities, and certainly wasn't the most objectively horrifying accident we've encountered in the last few days, there's just something about a car striking a small, innocent child that absolutely chills a parent down to the marrow.

And it isn't as if the boy darted out into the street suddenly and the car's driver simply couldn't avoid him. On the contrary, according to the news reports the young boy was crossing the street in the company of his parent and a crossing guard. As parents, we would like to believe that such a scenario presents the ultimate in safety.

But that sadly was not the case here. The car - pedestrian accident occurred shortly before 9:00 a.m., well within the active school zone period, right in front of the MLK Early Childhood Center. Even if the 4-year-old boy forgets the details of the accident over time, it will probably live vividly in the parent's memory forever.

The parent doesn't have to wait passively for the authorities to deliver a citation or criminal charge to the negligent driver who caused the horrifying accident. The parent can initiate a civil suit to obtain fair compensation for the child's injuries and for any pain suffering, and mental anguish resulting from the accident.

The parent's lawsuit could deter the negligent driver from causing further accidents of this kind in the future. One parent standing up for their rights could save other parents and children from similar or even worse traumas.

The parent would do well to seek the counsel of an experienced Houston injury lawyer as soon as possible, while evidence of the accident is still available. Evidence begins to fade and degrade almost from the moment an accident occurs; so prompt action is needed to preserve it.

Witnesses' memories of the incident become confused and unreliable. A knowledgeable Houston injury lawyer could take their statements while memories of the accident are still fresh and clear. No matter how heinous the accident or egregious the defendant's negligence, in a civil suit the burden of proof rests entirely upon the injured party, the plaintiff. So parents need able counsel to help them win their injury claims for their children.

If you're a parent whose child has suffered injuries from a driver's negligence or distraction, contact us for a free consultation about the accident. The Board Certified Houston injury attorneys at Denena & Points could provide you with clear counsel on your available remedies against the negligent driver. We could walk you through the steps you need to take to obtain just compensation for your child. Your stand for justice, holding the driver financially accountable for the accident, could help deter that driver from ever injuring anyone's child again. Contact us at your convenience. We're here to help.

Deadly Wrong-Way Texas Drivers Don't Care About Your Life or Safety

Wed, 30 Nov 2011 08:00:00 EST

You've probably already hear about Brittany Dawn Burton, the drunken wrong-way driver whose wantonly reckless actions too the life of an innocent victim in North Texas. Do you think she gave a care to whether she took that person's life or not? She didn't even care about her own safety or the safety of her 6-moth old child. Police reportedly witnessed Brittany Dawn Burton traveling with her hands behind her head as she drove into heavy I-35 traffic the wrong way with her infant in the SUV.

The drivers of two vehicles took evasive action to try and avoid the wretch with her hands resting behind her head as she casually and drunkenly drove the wrong way on a busy interstate. The two vehicles of these other drivers collided while Brittany Burton went on with her reckless escapade.

The two drivers exited their vehicles, and one lost his life when another vehicle struck him on I-35. Brittany Burton and her child were unharmed by her drunken, reckless escapade. Brittany Burton was jailed and charged with intoxication manslaughter and child endangerment. (Update: Dallas news reports indicate that the prosecutor has decided to upgrade the charge to murder. Let's hope it sticks.)

Another reckless, wrong-way driver lost his own life when he crashed driving the wrong way at high speed on Beltway 8 in Houston. The crash injured two innocent victims who had to be extracted from their wrecked vehicle and taken to the hospital for their injuries.

In both wrong-way driving incidents, sharp-eyed authorities spotted the heedless, callous drivers and quickly tried to stop them before they did any harm. But once a reckless or drunken driver is on the road in a vehicle that has become a deadly weapon in their hands, authorities can't always prevent a tragedy.

Everyone needs to take a hand in discouraging heedless, hateful, or drunken behaviors before they injure or kill the innocent. Don't let friends, family, or acquaintances drive drunk, drugged, or otherwise impaired. Don't enable or encourage the underlying behaviors. Responsible action starts with you. The life you save might be your own. Your life and your safety just aren't part of the callous driver's equation. It's up to you to change that math.

Brittany's Burton's daughter, whose own greatest liability may be her mother, narrowly escaped disaster on I-35. A man trying to evade Brittany Burton's reckless, drunken driving was not as fortunate. His life was tragically lost to a callous, drunken loser.

GM Maintains Chevy Volt is Safe but Fire is Always a Risk with Lithium Batteries

Tue, 29 Nov 2011 08:00:00 EST

General Motors must have received a huge number of queries from concerned Chevy Volt owners since the U.S. NHTSA announced its safety investigation a few days ago. The investigation stems from NHTSA concerns regarding dangers of injuries or fatalities from sudden explosion or fires in the Chevy Volt's lithium-ion batteries.

The NHTSA's concerns arose because a lithium-ion battery in a Chevy Volts it had tested for crash worthiness suddenly erupted into flame. The lithium-ion battery, damaged in the side impact crash test, erupted into flame some time after the actual crash test. It burst into flame while it was stored on a lot at the testing facility. The fire was so intense that it burned other nearby vehicles as well as the Chevy Volt itself. So the NHTSA isn't just idly speculating about the fire hazard that could occur in Chevy Volt lithium-ion batteries. NHTSA knows of the danger firsthand.

Lithium-ion batteries always present a heightened risk of fire and explosion compared to other batteries and to many other fuel sources. The risk stems from:

The much greater potential energy stored in the lithium-ion batteries,
These batteries' extreme sensitivity to overheating,
Lithium's high reactivity, and
Lithium's extremely violent reactions to both water and nitrogen.

The high reactivity that makes lithium an excellent energy source also makes it a fire hazard. With lithium, you can't have one without the other. That's the tradeoff.

Lithium-ion battery designers go to great lengths to create safety vents and other features intended to reduce the dangers of fire and explosion from the batteries. But the slightest manufacturing or design defects or damage from a wreck can circumvent these safety measures and lead to fires and explosions. That's what happened at the NHTSA testing storage facility. The lithium-ion battery got damaged in the side impact crash test, and when enough heat and pressure had built up in the damaged battery (no longer completely protected by safety vents and seals), the battery suddenly erupted violently into flame. The lithium-ion battery flame will burn at about 1,100 degrees.

GM staunchly maintains that the Chevy Volt is safe and presents no unusual risks. But in a highly unusual move, GM is offering free loaner vehicles to Chevy Volt owners concerned about the fire dangers presented by their vehicles. The highly unusual offer of free loaned cars coming so quickly after the U.S. NHTSA announcement of its investigation leads me to believe that GM must've been deluged by calls from Chevy Volt owners. GM says that it's making the offer of free loaner vehicles to ensure that Chevy Volt owners won't lose confidence in their electric cars. But I wonder if the offer might not have just the opposite effect.

Lose out on the Best Black Friday Bargains Because You were Unarmed?

Mon, 28 Nov 2011 08:00:00 EST

How did you do at the Black Friday sales? Did you lose out on the best bargains because you forgot to bring your weapons?

According to news reports following this year's Back Friday shopping event, Black Friday sales have become something of a show down. And apparently Wal*mart might be the new OK Corral.

This year, shoppers greedy for the best Black Friday discounts weren't letting anyone get in their way. Fights broke out. Frenzied shoppers kept men, women, and children at bay with pepper spray.

And if a shopper collapsed from heart failure, he was ignored and casually stepped over like damaged goods. Did anyone even bother to yell: "Medical emergency on aisle 7!" or anything like that? I suspect not. It took a concerned off duty ER nurse and paramedic to finally try to help the fallen shopper.

And some parasitic deadbeats didn't even bother to fight the crowds inside the stores. They waited outside, let others do the shopping for them, and then tried to rob them at gunpoint in the parking lots.

That sort of behavior used to be reserved for special bridal sales events at Filenes' basement. Has it really come to this? Are people so desperate to save a bit of money on a TV, toy, or appliance that they'll pepper spray and shoot each other?

The values people need to be looking for on the day after Thanksgiving are human decency and common sense, not discount values and bargain cents. Of course, if there were stores that could sell such things, it appears from accounts of this year's Black Friday mayhem that no one would shop there anyway.

2011's Black Friday mayhem makes online shopping look that much more attractive. At least if some parasitic deadbeat steals your identity, it won't be at gunpoint. Your catastrophic personal injuries would be financial rather than physical.

Dangerous China-Made MK Lighters that Light Up Even When You Don't

Sun, 27 Nov 2011 08:00:00 EST

Disposable Lighters and Your Safety

The Chinese firm Zhuoye Lighter Company Ltd. Makes millions of cheap, disposable, and unsafe lighters that it distributes through a U.S. subsidiary. These defective lighters can leak butane, suddenly explode, and cause deadly fires. But it's not violating any laws or regulatory standards by selling the dangerous lighters.

The U.S. CPSC (Consumer Products Safety Commission) declined in both 2001 and 2006 to mandate needed safety standards for disposable lighters. The only safety standard that a disposable lighter must meet is child-resistance. Otherwise, the CPSC restricts itself to issuing recalls on unsafe and defective lighters.

Other industrialized nations, including Canada and the European Union nations, do mandate safety standards. In this area, as in several other areas of safety, The U.S. lags behind other industrialized nations.

Some Interesting Statistics on Disposal Lighters

About 1 BILLION of the devices are produced each year.
Cheap imported disposable lighters account for more than 75% of the U.S. market.
Chinese-made lighters make up almost 60% of the lighters imported into the U.S.
CPSC studies found that fewer than 40% of disposable lighters conform to voluntary safety standards. (Manufacturers need not, and often do not, conform to voluntary standards.)
The CPSC research found that China-made lighters had the lowest rate of conformance to voluntary safety standards at only about 30%.
CPSC analysis of the problem found that unsafe disposable lighters caused more than 900 injuries each year and cost society $31 million dollars annually.

And the CPSC still declined to mandate safety standards for disposable lighters. One wonders how many people must be injured, how many people must die, and how much those injuries and fatalities must cost society before the CPSC takes action. And make no mistake: people do die from the dangerous, unsafe lighters.

Death by Dangerous, Disposable Lighter

William B. Clemmer of Stephenville, TX dies after a Chinese-made MK disposable lighter exploded in his pocket and caused severe burns over half his body. Expert examination of the MK disposable lighter discovered that manufacturing and design defects could allow debris to collect on the globe seal. This would prevent the MK disposable light from completely sealing the lighter orifice. So even after a user has "closed" the lighter and put it away, gas could keep flowing and keep a miniscule flame burning. The flame might be too small for you to see it behind the windscreen, but it's not too small to cause an explosion and deadly fire.

And manufacturing defects in the metering pad also could allow liquid butane to flow unevenly through the lighter orifice. So over time, the butane could pass through the orifice in liquid form rather than burning off as a gas. The liquid butane could then collect on your clothing. Body heat could cause the butane in the clothing to evaporate again in gas form. This expands its volume by about 60%.

The unextinguished tiny flame on the MK disposable light could then ignite the collected butane, exploding the lighter and catching you and your clothing on fire. This is what happened to William Clemmer. In addition, his MK disposable lighter contained an adjustable flame device that most major lighter manufacturers abandoned due to explosion hazards.

A Call to Action to the CPSC for Safety

William Clemmer's brother Ricky said it best in an article on the Safety Research & Strategies site: "A cheap, disposable lighter killed my brother." Ricky Clemmer calls on the CPSC to recall the dangerous MK disposable lighters and to set necessary minimum safety standards to save others from suffering such needless and completely preventable tragedies.

In Search of Safety in Houston, TX and Elsewhere

Sat, 26 Nov 2011 08:00:00 EST

Sometimes I'd just like to relax, take it easy, and feel safe doing so. But you can't travel anywhere and be safe. Buses aren't safe. Cars aren't safe. Planes and trains aren't safe. Our roads aren't safe. And according to news reports, cruise ships present an odd set of mysterious mass illnesses, shipboard disappearances, and dangerous incidents.

But staying at home isn’t safe either. Celebrated stay-at-home holidays give us some of the most dangerous days of the year. So what's a safety-conscious person to do?

Despite the ever-present dangers all around us in this bustling, modern society, each person still holds the best prospects for ensuring their own safety.

You can read articles from our library page on many safety concerns and precautions you can take at home and on the road.
Follow vehicle recall notices and take action immediately if your vehicle has a defect.
Never drive drunk, drowsy, or distracted. Never let friends and family do so either.
Don't deep fry turkeys at home. If you must have deep-fried turkey, order out.
Follow recall notices on medical devices and products. When facing any medical concerns, always get an informed second and even third opinion.
Get your home inspected for safety issues, particularly if you have wooden balconies, decks, or outside stairways.
Bookmark this page. If an accident happens and you or your loved ones suffer injury, you'll have someone to call who could help you recover.

At Denena & Points, we have long experience helping injured accident victims recover the financial compensation they need to move forward with life again. We're Board Certified in Personal Injury law by the Texas Board of Legal Specialization, and we've dedicated our professional lives to helping innocent victims find justice after their undeserved and unexpected injuries.

Find your road to recovery. Contact us for a free consultation after you've suffered injury. We could help you find the answers and legal solutions you need.

The Day after Thanksgiving: One of the Safest Days in a U.S. Kitchen

Fri, 25 Nov 2011 08:00:00 EST

Deadly and dangerous cooking-related house fires are twice as likely to occur on Thanksgiving Day in the U.S. as on other days of the year. And these Thanksgiving Day house fires are generally also more costly and more deadly than other house fires. For some people, Black Friday may have nothing to do with retailers being in the black on this day. Black Friday might represent the color of their burned down home after a resentful frying turkey decided to get its revenge.

But if you're at home today on this day after Thanksgiving and you didn't have a turkey day house fire yesterday, then you can take heart from the fact that Black Friday has the lowest occurrence of cooking-related house fires in the year. Probably because we all have so many delicious leftovers from yesterday that require nothing more than a quick moment or two in the microwave. And anyone not home munching on leftovers is likely fighting the crowds at major Black Friday sales events.

Deep-frying a Thanksgiving Day turkey presents the most prominent cause of turkey day cooking fires and explosions. A large proportion of the dangerous turkey fryers used to fry these birds don't even have thermometers. So you can't necessarily tell if the gallons of cooking oil inside are overheated and about to explode. Oil can quickly expand when it's heated to the necessarily high temperatures, so adding a little too much oil can also cause catastrophe as the fryer boils over and starts a blaze. The insurance-related Underwriters Lab that tests product safety wisely refuses to give their seal of approval to turkey fryers. Too many reported injuries and fires result from these deep-fry machines.

An average Thanksgiving Day sees almost 4,500 house fires, about twice the usual number in a day. On a normal day, almost 25% of fires are residential, but on Thanksgiving Day, that percentage leaps to 35%. Almost 85% of these Thanksgiving Day house fires start in the oven or on the stove. These house fires claim more lives than fires on other days and cost about 25% more in property damage.

If you've come safely through Thanksgiving Day without a house fire or a DWI-related accident (another statistic that jumps on the holiday), count your blessings and give thanks. And use this moment to reflect on the safety precautions that got you safely through this surprisingly dangerous holiday. And keep those safety precautions in mind for future days. Your safety consciousness can help ensure that you and your family enjoy many safe and festive Thanksgiving Days to come.

Captain Kirk Cooks up Thanksgiving Day Safety Tips for State Farm

Thu, 24 Nov 2011 08:00:00 EST

You may not picture Captain Kirk as an old hand in the kitchen. But William Shatner has been deep frying turkeys for Thanksgiving dinners for years. And who knows, maybe Captain Kirk was a pro in the Enterprise galley when he wasn't out saving the galaxy from tribbles, Romulans, Klingons and more.

William Shatner admits to a dangerous turkey day accident some years back. He received burns on both arms when he unexpectedly dropped the turkey into the hot oil of the deep fryer. Because of his accident and personal injuries, he's been enlisted by the State Farm Insurance Company to speak about the dangers of deep frying turkeys in two safety videos. "Eat, Fry, Love" stands as the motto of one vignette.

In the video, William Shatner demonstrates the dangers from deep frying turkeys by accidentally catching himself on fire. Take heed. If even the dauntless Captain Kirk can be injured cooking Thanksgiving dinner, so could you. Call it the turkeys' revenge if you will.

Thanksgiving Day annually sees an increase of about 40% over other days in residential house fires related to cooking mishaps. It's also one of the year's biggest days for DWI accidents. While you're at home enjoying dinner with the family, local firefighters are out responding to more calls than on other days.

Think of the safety of yourself and your family as you cook that Thanksgiving dinner. Think of the firefighters who'd like to get home and enjoy a good meal with family and friends. Think of William Shatner, who's concerned himself with others' safety after his own accident. And think of the turkey. Its life should not have been given in vain. Let the turkey give its life nobly as a fine Thanksgiving dinner rather than as another victim of a Thanksgiving Day house fire.

How NOT to Drive: Drunken Driver Clips "Low-flying" Rescue Chopper

Wed, 23 Nov 2011 08:00:00 EST

Our Galveston injury lawyers refer you to a news item reminding you to take care on this Thanksgiving holiday. Don't drink and drive. And don't let your friends or loved ones drink and drive either. If you do, you might just see them featured in our next web postings. And the postings might not be all that flattering.

For instance, in the referenced post on the DWI chain reaction wreck in Palestine, TX, the sodden driver who clipped a LifeFlight helicopter on a mission to save an injured wreck victim might capture your attention. Then that driver reportedly asked a trooper why that helicopter had been flying so low.

How drunk do you have to be? You know you're truly drunk when....

That drunk driver's reported statement led me to idly speculate on what readers might think DWI actually meant in the context of his arrest. Dim Witted Inquiry? Certainly, Driving While Impaired. Many other possibilities might spring to your mind. (They'd sprung to my mind. But I don't feel that I should print them.) Our Galveston injury lawyers don't really want to know what everyone thinks those other possibilities behind the letters "DWI" might be. We are depressed enough by this DWI accident as it is.

This accident, in all its chain-reaction horror and incongruity, seems to represent a classic example of the rash of needless, fatal, and costly DWI accidents that our Galveston injury lawyers read about all over Texas on a daily basis. The rash of hideous DWI accidents needs to stop.

Each concerned Texan can take a hand in stopping the DWI mayhem, catastrophic injuries, and DWI accident fatalities. Don't serve drinks to anyone that you know will be driving home later. Don't let anyone you know get behind the wheel after they've been drinking. Just don't do it. Take a stand. Save a life... maybe even your own.

Texas, the Three? Star State; TX Received 3 of 5 Stars on DWI Efforts

Tue, 22 Nov 2011 08:00:00 EST

MADD (Mothers Against Drunk Driving) rates every U.S. state on its efforts to curb drunk driving and enforce DWI laws. MADD uses a rating system that can award states up to 5 stars based on their efforts in this regard. KVUE.com in Austin reports that Texas received only 3 stars. Well, in this particular instance, at least we're not a lone star state. 3 stars is the average rating among the states. Only a very few receive the top rating of 5 stars.

MADD's publicized rating system encourages stronger DWI enforcement efforts to discourage DWI accidents and the catastrophic injuries and needless deaths that they cause. The states can receive a star for each of 5 categories in which they meet MADD's stringent scoring criteria.

No refusal programs.
Revoking drunk drivers' licenses to drive.
Sobriety checkpoints.
Ignition interlock devices in drunk drivers' vehicles.
Increased penalties for driving drunk with a child in the vehicle.

Texas failed to receive stars for the sobriety checkpoint and ignition interlock categories. I suspect those are the categories in which other 3-star states lost out too. American sensibilities still resist the idea of security "checkpoints." I suspect drunk drivers would learn to avoid them or would take dangerous measures trying to do so, so I'm not completely convinced of the utility of sobriety checkpoints. And wouldn't convicted drunk drivers with ignition interlock devices simply borrow other cars if they wanted to drive?

An observant, well-trained, and dedicated law enforcement officer still provides our best hope for strong DWI enforcement efforts. Let's hope these officers are out in force during this holiday season, when drunk drivers take to the roads in larger numbers than during the rest of the year.

The Difficulty of Getting the Compensation You Deserve from a Bike Wreck

Mon, 21 Nov 2011 08:00:00 EST

One rider involved in a motorcycle accident initiated by a negligent truck driver sounded stunned by the trucker's actions at the scene of the wreck. And well he should be.

But as Freeport, TX motorcycle accident lawyers, we've handled so many cases on behalf of injured victims of truck accidents to know that:

The truck driver might have been suffering from extreme driver fatigue, making him less likely to notice oncoming vehicles, and slower to respond to them.

His (or her) awareness might have been so dimmed by fatigue that he or she actually did not truly notice the oncoming brigade of motorcycles before pulling out in front of them.

The truck driver might have had medical conditions and might have been taking medications that further dimmed awareness, judgment, and reaction times.

Or the trucker could have harbored a malicious form of the anti-biker bias that affects so large a percentage of the general population.

But it's important that bikers know that they have equal rights to the road. If a negligent driver causes an accident and injured them, they have a perfect right to pursue that person in a court action to collect fair compensation for their unwarranted harm.

But the anti-biker bias we mentioned poses a problem. It makes it very hard for a motorcyclist to obtain fair compensation in an injury claim. In fact, studies have shown that, on average, juries award bikers 25% less than car drivers suffering similar injuries in similar accidents. And that difference is attributed to anti-biker bias.

To win just compensation on an injury claim from another driver's negligence, the biker needs the help of an experienced motorcycle accident lawyer skilled in overturning anti-biker bias. When you've been injured in a bike wreck caused by another negligent driver, contact the Freeport, TX motorcycle accident lawyers at Denena & Points.

We've been conducting in-depth investigations into motorcycle accidents and the accompanying issues affecting bikers for more than 12 years. Our long-term experience could make a key difference in your injury claim. That difference could enable you to win a full financial recovery for your injuries where self-representing bikers would be turned away empty-handed. Call today for your free consultation to discuss your accident and recovery prospects.

Insurance Co. Dirty Tricks to Watch for in Your Baytown Accident Case

Sun, 20 Nov 2011 08:00:00 EST

When you've been seriously injured in a car accident, the value of your case could run into hundreds of thousands of dollars, even millions, in an insurance settlement.

Medical expenses,
Ongoing medical care,
Necessary therapies and rehabilitation,
Medical equipment,
Medications,
Lost Wages, and
Reduced earnings potential because of disabilities from the accident.

These are just some of your costs and expenses that a negligent defendant's insurers might have to pay you for. Faced with these high dollar payouts on your injuries caused by a negligent defendant, insurance companies might take any route they can to undermining your claim and uncovering dirt that they could use against you in your case.

In one of the actual cases our Baytown accident lawyers handled, we had a client call us up because a suspicious truck had been driving around the neighborhood for several days videotaping the neighborhood and its residents. One neighbor had called the police who came out to speak to the occupants of the van. The van wasn't seen in the neighborhood again.

Our client had received severe injuries in an accident and we were fighting to obtain just compensation for those debilitating and costly injuries from the insurance company. In such cases, it isn't unusual for insurance companies to surreptitiously try to obtain video evidence or recorded statements revealing that a claimant might not be as injured as they claim. The insurance companies will send people with cameras and recording devices to follow you around and record your movements and activities. They'll cut and splice videotapes to make it look like an accident victim isn't as injured as they say.

Our Baytown accident lawyers know that the insurance company tricks won't work against our clients.

We, as dedicated Baytown accident lawyers, insist that our clients fully document their injuries and get prompt medical attention to mitigate their harm. We don't puff up false claims. But we could document the full extent of all of your actual injuries, pain and suffering, and projected future needs for medical care and therapies.
Our Baytown accident lawyers also actively pursue aggressive defendants and insurance companies and insist that they hand over the complete tapes of any recordings they've made of our clients. We'll get court orders to compel the turnover if necessary.

Facing the kinds of dirty tricks and underhanded tactics insurance companies might employ against you, you want to be sure to hire an able and experienced Baytown accident lawyer to represent you and protect your rights and interests in your injury claim. Don't lose out trying to go it alone.

You can arm yourself with the knowledge you need as you pursue an accident injury claim. Feel free to look at more informational articles on our library page. You can also download our free and informative e-books on the important do's and don'ts of accident claims. Then contact our Texas Board Certified Baytown accident lawyers, Chad Points and Tony Denena, for a free consultation to discuss your case. We could help you successfully combat insurance companies' dirty tricks, and win your injury compensation claim.

Texas Lawmakers in Austin Fail to Attach Penalty to Motor Vehicle Code

Fri, 18 Nov 2011 08:00:00 EST

You might have read about the failure of Texas lawmakers in Austin to attach a $200 penalty to an updated version of the Texas motor vehicle violations code that they passed on the last day of the past legislative session. Our Texas accident lawyers wonder if that's the only mistake in the 234-page piece of legislation. The bill has the length of an average novel, but most people would find it far less interesting to read.

I know a lot of folks would love it if lawmakers could make even more mistakes and create even more legal loopholes for us in those voluminous pieces of legislation that they churn out. Maybe they could fail to attach some penalties to violations of the tax code.

Our Texas accident lawyers point out that the loophole they created with this particular motor vehicle oversight in the last legislative session could allow Texans to drive around without license plates on their vehicles until 2013 or later. What if we all decided to do that?

Let's just look at it from an economic standpoint. Texas would lose money both from initial license plate requests and from the collection of penalties for failure to adhere to the Code. And all of those organizations that receive revenue streams from special "themed" license plates would lose those chunks of revenue. No one would need to buy the vanity license plate holders that one often sees, for instance, on the cars of enthusiastic university alumni.

All I'm pointing out here is that even the smallest legislative mistake can have large consequences. And temporarily dried-up revenue streams might be the least of our worries and injuries from this mistake.

Certainly this failure of Texas lawmakers could create problems for law enforcement, and not just because Texas couldn't collect the omitted $200 fine for the violation. Maybe our Texas governor, realizing the snowballing cascade of law enforcement problems that could arise because of this one, simple oversight, might feel pressured to call a special legislative session to correct the problem.

One wonders who was actually responsible for the mistake. As a mistake, it's simple, but strategic. Our Texas accident lawyers see numerous possibilities waiting to born from this one, simple mistake. We fear that so do many other people - people unconstrained by oaths taken as officers of the court.

Pasadena, TX Injury Lawyer on the Danger of Walking on Railroad Tracks

Fri, 18 Nov 2011 08:00:00 EST

As a kid growing up, I remember my parents and grandparents mentioning from time to time that I shouldn't walk on the train tracks. But there's just something about the sight of railroad tracks winding far into the distance that provides a romantic lure for kids and adults alike.

Accidents where trains strike pedestrians happen with alarming frequency across the U.S. each year. Numerous collisions between trains and other vehicles occur at railroad crossings all over the country.

An accident on a train trestle in Amherst County, VA on Thursday night well illustrates both the lure and the danger of railroad tracks to pedestrians. Five college students had climbed up onto the train trestle to admire the stars in the night sky. Suddenly a Norfolk-Southern train came along startling them out of their reverie. One student, 18-year-old Hannah Emmaline Williams, was killed when the train struck her. One student was hospitalized in critical condition after falling from the train trestle onto the ground below. The three other students survived without serious injuries.

Accounts conflict as to how the three students with minor injuries survived the train accident. One account says that all three laid down in the middle of the railroad tracks and the train passed over them. A later account says that one hung on with his arms beneath the train trestle as the Norfolk-Southern train passed overhead. The same account says that two other students leapt for a nearby piling.

The tragic accident of these five young people amply illustrates the serious dangers posed by moving trains to pedestrians. With their immense mass and weight, trains present an incalculable risk of injury and death to the fragile human body.

As a Pasadena, TX injury lawyer with extensive experience helping pedestrians struck by more massive vehicles, I could help you recover just financial compensation for your catastrophic accident losses. But unfortunately I can't help you recover the full health, strength and well being you possessed before being struck by a train. Stay off the railroad tracks. Stay out of danger if you can. And if you do suffer dangerous injury, come to us for help.

How Much do U.S. Medical Device Companies Care About Your Health?

Thu, 17 Nov 2011 08:00:00 EST

Pearland Medical Device Lawyers Pose the Question: Do U.S. Medical Device Companies Care More About Your Health than They Care About Profits?

Our Pearland medical device lawyers simply leave it as a rhetorical question. We figure that you probably know the answer.

As a case in point, the U.S. Department of Justice has jumped into a lawsuit against Boston Scientific, now owner of Guidant. Guidant is the U.S. medical device company that made the flawed implantable defibrillator device at issue in the case.

The U.S. DOJ's case stems from a private lawsuit filed by a New York patient who received an implantable defibrillator in 2002. According to the lawsuit, the defective medical device malfunctioned after it was implanted. Our Pearland medical device lawyers suspect that the defibrillator device malfunction caused serious pain, trauma, and medical expense to the hapless victim.

A federal regulation rewards those who report Medicare fraud by U.S. medical device companies and other parties. The U.S. DOJ lawsuit alleges that Guidant supplied a defibrillator device it knew to be flawed and fraudulently charged Medicare for that device.

With admirable sang froid, the Boston Scientific corporate attorney says that the company will respond to the U.S. DOJ's intervention as "appropriate." Our Pearland medical device lawyers think that our ideas of what's appropriate might just differ from theirs. After all, the U.S. DOJ involvement comes AFTER Guidant pleaded guilty to multiple counts of related criminal charges.

A federal judge order the U.S. medical device company to pay almost $300 million in criminal penalties, and sentenced the company to three years of probation. The Guidant smack down depressed company prospects and left it open for takeover by Boston Scientific, which has inherited Guidant's considerable liabilities.

To clarify, Guidant discovered problems with various defibrillation medical devices in 2002, 2003, and 2004. But it continued to market, sell, and charge Medicare for these defibrillator device products known to cause dangerous injury and death. It also filed a false report with the FDA.

I don't think we Pearland medical device lawyers need to reiterate the question of whether this U.S. medical device company cared more for your health or for its profits. The answer resides in its guilty pleas to federal criminal charges. Guidant finally recalled the flawed, defective medical devices responsible for at least 13 known deaths in 2005. Clearly Guidant could have used some sensible guidance along the route to ruin.

Research Money Well Spent on an IL ATV Safety Study on Young Riders

Wed, 16 Nov 2011 08:00:00 EST

Do you ever think that these scientific studies we read about so much in the news just spend enormous sums of money documenting the obvious? OK, well so do we. But some of these seemingly obvious conclusions prove highly useful.

Our Galveston product defect lawyers bring to your attention a research study conducted jointly by multiple universities and medical institutions published its results in the November issue of Neurosurgery Focus. The ATV study found that young children simply don't have the strength and size to adequately control adult-sized ATVs (All Terrain Vehicles). Concerned parents have known this for many years.

But as product defect lawyers, we recognize the utility of a fully documented study on subjects relating to traumatic injuries. The ATV study followed strict scientific principles and found that people of light weights and small "wingspans" (distances from left hand to right hand fingertips with arms outstretched from the sides) suffered very high risk of personal injury when operating adult-sized ATV models. These smaller people, like children under 16 years of age, haven't the strength or size to create lateral, longitudinal, or vertical operational stability while riding the vehicles.

In fact, children aged 16 and under form only 17% of ATV riders, but they suffer 31% of ATV-related injuries and 26% of ATV fatalities, a disproportionate share. 87% of the injured children suffered their accidents while riding adult-sized ATVs. 93% of their fatalities occurred from riding adult-sized ATVs.

40% of their accidents resulted in dangerous rollovers, and in 15% of the accidents, the children experienced ejection from the vehicles. The study concluded that children experience a likelihood of injury from ATV operation that is between 4 and 12 times as great as that of adults.

Our Galveston product defect lawyers also mention a corresponding study by the CPSC (Consumer Product Safety Commission). The CPSC study followed ATV use statistics during a five-year period.

Ridership increased 36%.
The number of ATVS in use increased 40%.
Riding hours on ATVs increased 50%.
Injuries measured by emergency room visits went up 109%.

Galveston product defect lawyers note that as yet, very few laws govern ATV operation or safety standards. The CPSC is encouraging manufacturers to adopt and abide by voluntary standards. In July 2010, Massachusetts, always the first state to jump in to regulate individuals' lives, passed a law limiting use of ATVs by children.

Lack of safety standards and poor oversight of ATV use among children, as well as ATV designs that stress power and maneuverability but don't account for a child's smaller size or strength, have proven to be fatal defects to many riders. The study published in Neurosurgery Focus in November serves the good purpose of documenting the danger so that those whose children have been harmed by ATVs have solid, scientific documentation of possible causes of their accident losses.

If your child was injured while riding an ATV, or if you suffered the tragic loss of a vital family member to an ATV accident, feel free to contact us for a free legal consultation. Our Galveston product defect lawyers have been helping injured victims successfully recover compensation for their ATV injuries for more than a decade. We understand the issues and how to present them to maximize your chances of recovery. We'd be glad to dedicate our purpose to helping you too.

Automated Cardiac Defibrillators in Hospitals: No Simple Answers: Pt 1

Tue, 15 Nov 2011 08:00:00 EST

Our product defect attorneys want to inform you of a critical healthcare debate you might not know about yet. It involves the upgrade from a known, tested, and reliable medical device to one not yet tested in the hospital setting when it was widely adopted.

A little more than 10 years ago, a committee of the American Heart Association recommended that hospitals upgrade their cardiac care technology to include expensive dual-mode defibrillators. A trained doctor, nurse, or medical technician could use the dual-mode defibrillators in the traditional manual mode. These new defibrillators could also turn on automatically and by used by staff with lower skill sets to respond to cardiac arrest conditions. The old manual models cost a little over $1,500. The new dual-mode medical device models cost around $10,000.

Product defect attorneys recognize that without a doubt, the upgrade made sense in theory. But we also know that unseen product defects and potential liabilities often lie hidden within new technologies and products of all sorts. Concerned hospital administrators, doctors and nurses knew that it could take time for properly trained medical personnel to receive notification of and respond to the bedside of a patient suffering a cardiac arrest. Response times might be longer in the wee hours of the night shift.

Having an automated defibrillator that responded to the crisis automatically and that could be used by hospital staff with lower levels of training must have seemed a godsend. And the new device received strong endorsement from a committee of the American Heart Association itself. The committee's recommendation even took a scolding tone towards those hospitals that hadn't yet seen the light and jumped on the dual-mode bandwagon. What more did a concerned hospital need before allocating the budgetary funds to the device?

What these concerned and compliant hospitals probably did not know was that more than 25% of key committee members were beholding to the manufacturers of the dual-mode devices. They might well have had some "conflicts of interest" (as we in the legal field call it) when they made their committee recommendation.

And the dual-mode devices had not yet been evaluated in the hospital setting to see whether they actually improved survival rates. Many theories that sound quite good get shot down in the empirical evidence gathering process. The scientific method is all about putting theories to the test before implementing them.

Continue to Part 2.

Part 2 of Discussion on Safety of Automated Dual-Mode Defibrillators

Tue, 15 Nov 2011 08:00:00 EST

Continued from Part 1.

As it turns out, empirical evidence suggests that the dual-mode devices may actually lead to a net loss of about 1,000 lives per years rather than to any net gain. The reasons for this are several as Fairwarning, a nonprofit engaged in publishing news on safety and health issues, points out.

Nurses with lower levels of training feel intimidated by the dual-mode defibrillators and avoid operating them.
Bad batteries in the devices can destroy their utility.
For reasons unclear, the dual-mode devices sometimes fail to turn on when they should, and sometimes turn off when they shouldn't.
Electric shocks often won't restart the stopped heart of patients suffering from grave illness or extensive injury; manual CPR is required.

Somehow I don't find any of these reasons very surprising. Anyone who's used technology knows that battery-operated devices can be cranky and unreliable when you most need them. Even devices with rechargeable batteries will eventually fail as the chemical reactions involved in charging, sustaining, and using the battery finally use up the necessary elements to initiate a power-up state. And even when batteries aren't at fault, all sorts of factors can cause sudden and inexplicable problems with complex technological devices.

And I fully understand the reluctance of someone untrained on defibrillators to use even a mostly automated device. When someone's life hangs in the balance, and you aren't sure what you are doing or what the machine might be doing, you don't want to be responsible for taking the crucial step that might lead to certain death.

Studies that have compared survival rates show that the use of manual defibrillators saved more lives in the hospital setting than the use of automated dual-mode defibrillators. Questions are being asked.

Predictably, those on the American Heart Association committee that made the recommendation in favor of using the dual-mode devices are either not responding to queries, or responding in vague, politically savvy language that says nothing clearly. 10,000 deaths or more might have resulted from their enthusiastic recommendation that was uninformed by any real evidence or hospital trials.

You may know someone who dies from cardiac arrest while at the hospital. If you lost a close family member, perhaps you already know what type of defibrillator the hospital employed in the incident. If you don't know, you should probably have a product defect attorney experienced in medical device cases find out for you.

The inquiry process might meet some resistance. Your attorney might have to file court motions to compel an answer. If you need help in your effort, feel free to call on our product defect attorneys at Denena & Points. We have more than 12 years of experience helping those harmed by defective medical devices to successfully get the answers and the justice they need.

Can Texas Bikers Avoid Blame for the Road Accidents They Suffer?

Mon, 14 Nov 2011 08:00:00 EST

At Denena & Points, our Texas motorcycle accident law firm has a long history of representing injured bikers in their claims for injury compensation after an accident. We also devote much of our professional lives to helping the surviving family members of motorcyclists who've suffered fatal wrecks. But we don't write about motorcycle accidents for our website as often as you night expect.

Why? Because it remains extremely rare to find a motorcycle accident that the media and authorities haven't blamed on the motorcyclist himself. We understand why this happens. Most people have an inherent bias against bikers. They perceive motorcyclists as reckless, dangerous individuals who drive too fast and take too many chances out on our Texas roads. Our Texas motorcycle accident law firm spends a great portion of our effort fighting this anti-biker bias in court and in settlement negotiations.

As an example of a recent news article on a motorcycle wreck, our Texas motorcycle accident law firm will mention one that occurred Friday night in Brownwood. The motorcycle accident occurred in front of the town's central fire station. The victim of the tragic Brownwood motorcycle wreck, 24-year-old Christopher Michael Jones, was a percussionist with the Howard Payne University band. He untimely lost his life trying to avoid colliding with a truck at an intersection.

The attempt to brake and evade the collision caused him to lose control of his bike, get ejected from the motorcycle, and slide into a light pole. He received fatal injuries from the impact. According to news account, witnesses of the Brownwood motorcycle wreck simply say that Mr. Jones was going "too fast."

This example serves to show how witnesses will tend to blame the victim for causing his own motorcycle wreck. In this case, they blame his speed. But the real causes behind the loss of control may well lie elsewhere.

Many motorcycle-braking systems have a habit of suddenly locking up under the pressure of sudden, strong braking events. Motorcycles can't utilize the type of sophisticated Electronic Stability Control systems offered in late model cars and trucks.

Two-wheeled vehicles are inherently less stable than four- or even three-wheeled vehicles, as you may recall from childhood attempts to transition from a tricycle to a two-wheeled bike. A little bit of gravel on the road, a slick spot, or slight unevenness in the road, which a car or truck wouldn't even notice, could cause catastrophic consequences for a motorcyclist.

And bikers don't receive impact protection in a wreck from airbags, enveloping bucket seats, three-point seatbelt restraint systems, or walls and roof of a vehicle. The Texas motorcycle accident law firm of Denena & Points asks that folks not be quick to blame the motorcyclist for his wreck.

At our Texas motorcycle accident law firm, we spend a great deal of time thoroughly investigating motorcycle wrecks on behalf of our clients. The true causes of these wrecks, like brakes that lock up, or gravel in the road, aren't obvious and don't generally get reported in the media or even by authorities on the scene of the accident. But folks shouldn't allow a first impulse towards anti-biker bias to blind them to the possibility of examining the motorcyclist's wreck for its true causes.

Look at How Texas Law Permits Repeat DWI Offenders to Escape Justice

Sun, 13 Nov 2011 08:00:00 EST

Our Montgomery County injury lawyers recently mentioned that popular images portray Justice as blind. More realistic images might currently portray her with her hands tied and a really pissed-off expression on her face.

British images from back in the day when we weren't all soft on criminals portrayed Justice as fully sighted, wielding a deadly sword, and looking decidedly no nonsense about enforcing the law. That was back in the day when all that one could drive drunkenly was a team of horses who were themselves presumably sober.

Stewart Richardson, a repeat DWI offender, crashed into a car in 2009 while driving drunk. The DWI accident left Abdallah Khader, son of Loubna Elharazin, severely injured. Much of his brain was lost to the DWI crash. Loubna Elharazin, whose son was the center of her life and a sparkling jewel in the family crown, now cares for a son who can eat and cry.

But Ms. Elharazin will never truly know why her son cries. Abdallah Khader can no longer tell her. Our Montgomery County injury lawyers have seen enough injured accident victims to believe that Abdallah Khader might be in some way conscious of the sadness of his plight and of his debilitated circumstances, even if he will never be able to communicate that awareness to others except through his tears.

Stewart Richardson had previously injured 5 people in Iowa in a DWI crash. But did remorse for that crash keep him from driving drunk again? No. Stewart Richardson, repeat DWI offender, took to the road intoxicated and destroyed the life of Abdallah Khader and the hopes of his mother, Loubna Elharazin.

Ms. Elharazin had her woes compounded this week when she learned that Stewart Richardson might receive as few as two years behind bars for destroying the lives of her family. The maximum he could receive is 20 years under Texas law.

The prosecutor of the case asked for a life term for Stewart Richardson. But the trial judge said that he could not consider the Iowa DWI wreck in calculating the penalty because in Iowa Stewart Richardson's DWI offense that injured 5 people was merely a misdemeanor. It strikes our Montgomery County injury lawyers as highly unjust that one can injure 5 people in a DWI wreck and simply be charged with a misdemeanor. Then that driver can go on to drive drunk again, destroy a family's lives and hopes in the process, and still receive a light sentence.

Nut the trial judge in Stewart Richardson's case would let him off lightly because of a technicality. Defense lawyers love technicalities. And, let's face it; the lure of a sloppy loophole or a fine technicality to the inquiring legal mind is well nigh irresistible.

But loopholes and technicalities should not be allowed to circumvent or tie the hands of Justice. Loubna Elharazin and the prosecutor in Stewart Richardson's case both believe that the repeat DWI offender should receive a life sentence for his callous DWI crimes. So do we. The roads would be safer for us all if Stewart Richardson remained behind bars and well away from them

DWI Accident Victim's Experience Tells of Danger from TX Drunk Drivers

Sat, 12 Nov 2011 08:00:00 EST

Vincent Leone Jr. is one of the many victims of Texas drunk driving accidents. You may call him lucky. He survived.

But not without permanent disabilities, lifelong impairments, weeks in a coma, and severe brain damage from his injuries. Yet, compared to so many other victims of Texas drunk driving accidents that he has met, Mr. Leone does count himself lucky. Our Cleveland, TX injury lawyers believe that Mr. Leone's own strength of will and determination to overcome his injuries helped him make his luck.

In a coma for 6.5 weeks from which even doctors did not know if he would emerge a vegetable, Mr. Leone initially could not speak. He had partial paralysis of the left side of his body. And he still can't maintain enough bodily equilibrium to walk without falling.

But Mr. Leone still counts himself lucky. With will, effort, and intensive therapy, he recovered his capacity for speech and enough mobility and functionality to live somewhat independently. And he can tell others his story and provide a living example to others of the dangers of drunk driving.

Mr. Leone was just 26 years old and the proud owner of a new Corvette Stingray when a drunk driver destroyed his car and his world in 1982 in Cleveland, TX. Mr. Leone had just driven his new car off the lot when the devastating wreck occurred.

The high-speed impact from the drunk driver drove Mr. Leone's car into a telephone pole. The pole came down through the top of his car and onto the top of his head. The closed head injury he received from the heavy pole led to his further incapacities and injuries.

The drunk driver fled the scene of the wreck and police were unable to locate him. Mr. Leone's father hired a private investigator that found the drunk driver's residence, littered with empty liquor bottles, but no drunk driver.

The drunk driver who hit Vincent Leone Jr. had just been released from jail on a drunk driving charge. Apparently that drunk driver spent a day in the "drunk tank," then liquored himself up again upon release, only to crash into Mr. Leone and his new Stingray. According to the CDC, the average drunk driver drives drunk 80 times before his or her first DWI arrest. Mr. Leone comments that the penalties for repeated drunk driving offenses are "so lax."

Our Cleveland, TX injury lawyers agree. Even though Texas has recently strengthened the penalties somewhat for drunk driving offenses, the penalties still bear no real relationship to the true severity of the crimes. Drunk drivers who kill their victims might get a few years in jail. They might get off the hook entirely. But the victim's penalty is the loss of his or her life; and the victim has committed no offense before being thus penalized.

Houston, TX Changes Emergency Response Policy: Welcome News to Some

Fri, 11 Nov 2011 08:00:00 EST

Houston accident attorneys note that in what will be welcome news to some people, the City of Houston, TX has changed its emergency response policy after being challenged on the efficacy of the program. The change comes about as the result of complaints brought by a Kingwood family. In the incident that generated the initial controversy over the Houston, TX emergency response policy, a mother backed over her daughter accidentally in her SUV. The 4-year-old child received fatal injuries from the accident.

From what our Houston accident attorneys were able to learn of the SUV backover accident, it does not seem that the results would have been different had the emergency response policy been different in this case. But we understand the family's needs to externalize the events and to work to bring about change that might help others. Their child's death will serve a purpose if the circumstances surrounding her tragic demise could help save others in the future.

The Houston policy at issue initially sent fire trucks to what news accounts portrayed as "low level" calls to determine if an ambulance was needed. The Kingwood family and even some paramedics fell that this policy falls short of serving the needs of victims of emergencies in Houston, TX. And to the minds of our Houston accident attorneys, the old policy did seem a little arbitrary and inflexible. It seems to us that a dispatcher couldn't always tell over the phone during a call with a distraught, possibly traumatized, caller the true "level" of the incident in question.

The new policy should send now be sending ambulances out to respond to most emergency calls for injury accidents and medical emergencies. Our Houston accident attorneys firmly believe that the City of Houston, and other government entities, should be conscientious about their budgets and cost saving measures. But like the family in Kingwood, we Houston accident attorneys question the attempt to slash emergency response services when the government has quite a few less critical, even unnecessary, programs it could slash first.

So-Called "Friend" Abandons Injured & Dying Friends after Causing Wreck

Thu, 10 Nov 2011 08:00:00 EST

David Cruz, 20, provides a shocking example of truly callous behavior following a wreck that occurred while he was driving three companions in a Hyundai on Halloween. Just before 1 a.m., David Cruz wrecked at Broadway and the Gulf Freeway. Two of his friends in the car suffered injuries from which they were bleeding. But they remained conscious. A third friend was unconscious with serious injuries after the accident.

Pasadena injury lawyers ask: did David Cruz call 911 on behalf of his injured companions? Did he stop and render what aid he could to them? No on both counts.

Following the fatal wreck, David Cruz took off in the vehicle and dropped his injured companions off in the parking lot of an apartment complex some miles away at Bellfort. Then he scooped beer cans out of the Hyundai where he ran to a friend's apartment and changed clothes.

Our Pasadena injury lawyers note that the two injured but conscious passengers in the ill-starred Hyundai were twin brothers some years younger than David Cruz. They called their mother, who wisely called 911. Rescue workers took the unconscious friend of the young twins to Ben Taub hospital where he died from his injuries in the wreck.

Our Pasadena injury lawyers can't help but wonder if the young man who died from this wreck might have survived if he had received medical attention sooner. Most people know not to move severely injured people after their accidents because of the danger of increasing the level of injury.

Yet David Cruz unceremoniously and heedlessly drove this injured young man around while he sought to escape the consequences of his actions. He unceremoniously left him injured and unconscious in an apartment parking lot while he cleared his Hyundai of potentially incriminating beer cans and went to put on fresh clothes.

News accounts of the accident and its aftermath report that the young twins were shocked by David Cruz's cold and callous actions after the wreck. As well they should be. We understand their shock and confusion following the accident.

The two twins were injured, bleeding, and disoriented, with an unconscious friend whose life was slipping away before their very eyes. They were younger and powerless against a driver who chose to flee the scene of the accident and ignore the plight of his injured companions. Our Pasadena injury lawyers fear that these two twins might suffer the traumatic effects of being involved in this incident with such a callous and irresponsible individual as David Cruz for some time.

Authorities have wisely placed David Cruz behind bars. They have charged him with failure to stop and render aid. These Pasadena injury lawyers wonder if intoxication assault and intoxication manslaughter could later be added to this charge.

One thing at least is clear. David Cruz is someone all should want to keep off of our roads and away from the wheel of a motor vehicle.

The Difficulty of Obtaining Full Justice after a Fatal Wreck in Texas

Wed, 09 Nov 2011 08:00:00 EST

An Austin, TX grand jury verdict has left troubling questions in its wake. In the case at issue, Kevin Sparkman, the driver of a pickup truck, sped past an unheeded stop sign and T-boned a Chevy Tahoe. The fatal wreck killed the young mother and two of her young children inside the vehicle. Another child received injuries from the wreck and now lives with an aunt.

Sparkman's lawyer claims that a wasp inside the cab of his truck distracted Kevin Sparkman at the time of the fatal wreck. The Austin, TX grand jury accepted his argument and let Sparkman off without criminal charges. I'm not sure that I would have taken the same position had I been on that Austin, TX grand jury.

If I had a winged pest distracting me inside my vehicle, I would pull over and deal with the problem. I would not keep speeding along as I tracked the pest and disregarded the road and approaching intersections. Perhaps as a Pearland personal injury lawyer I am simply too conscious of the potential for serious and fatal wrecks from distracted driving. To be fair, defense lawyers would probably never allow we Pearland personal injury lawyers to even serve on a grand jury. Voir dire for us would be va t'en.

The Austin news article covering the verdict focuses on the tension that we as a society experience between the need to enforce the law and the need to make allowances for common mistakes. Admittedly I as a Pearland personal injury lawyer err on the side of enforcement.

The Austin news article, almost as an aside, mentions that the aggrieved surviving family members, understandably outraged by the grand jury's failure to indict on criminal charges, did receive civil compensation settlements in undisclosed amounts.

Our Pearland personal injury lawyers find that this case well illustrates the utility of a civil claim in helping family members to achieve some closure and some measure of justice in a case. In some accident cases, as with this fatal wreck in Austin, you may never see the negligent driver as fully punished as perhaps he should be. But you can ensure that he feels some measure of punishment for his heinous actions by holding him financially accountable through a wrongful death claim in civil court.

If you've lost a loved one to a negligent driver's inattention, and you have questions about how you can hold him or her accountable, contact our Pearland personal injury lawyers for your free consultation. Our goals are to help you hold negligent drivers accountable for their actions and to help you achieve the fullest measure of civil justice obtainable under the circumstances. Call today.

On Negligence: How Did a Child Activate a Louisiana State Fair Ride?

Mon, 07 Nov 2011 08:00:00 EST

4-year-old Sheldon Lewis received critical injuries when a ride that he and others were exiting suddenly re-activated and trapped him underneath. According to witnesses, another small child had simply pressed a button to activate the Twin Rings Demolition Derby ride at the Louisiana State Fair in Shreveport.

This "on" button, which could be activated by a young child, was on the operator control panel, negligently left unmanned but still energized at the time of the Louisiana State Fair ride accident. Outraged parents and others (like our carnival ride accident lawyers) are questioning how this could happen.

Young Sheldon Lewis had accompanied his Head Start group from Coushatta to the Louisiana State Fair for a day of carefree fun. But unfortunate Sheldon Lewis ended up hospitalized in critical condition instead because of ride operator negligence. He remained trapped under the Twin Rings Demolition Derby ride for about half an hour before firefighters could cut him free from the heavy machine.

The Louisiana State Fire Marshal's office says that a mechanical or electrical malfunction did not cause the accident and injury. (Nope. A young child curiously pressing an easily accessible "on" button on an active ride control panel, negligently left unmanned and unsupervised, caused the accident and injury.) The Fire Marshal's office isn't saying yet whether Lowery Carnival, the ride operator, took proper safety precautions in operating the Twin Rings Demolition Derby ride.

But the Fire Marshals probably don't need to state the obvious. Leaving the control panel of an easily-activated piece of heavy ride equipment accessible, energized, and unmanned while a passel of curious, fun-loving and mischievous young children were about clearly shows a lack of proper safety precautions.

Indeed, it's just plain negligent to leave unmanned and easily accessible an operator control panel for a heavy piece of machinery that a small and curious child can start up simply by pressing a single button. And witness accounts indicate that a small child simply pressed one button to activate the ride and cause the dangerous injury and mayhem that ensued. Sheldon Lewis remains in the hospital with his severe injuries, but that mere press of a button clearly could have resulted in fatal injuries to those exiting the ride at the time of the accident.

A news report quotes Ken Martin, an amusement park ride safety expert, as questioning why the fairly new Twin Rings Demolition Derby ride did not have a "dead man's switch," or why the ride remained energized while the operator left the panel unmanned. We carnival ride accident lawyers think that those are certainly fair questions.

Ken Martin says that rides have had the "dead man's switch" (an operator presence switch) for several years, and that some rides even require that the operator be seated on a pressure plate before the ride can be activated. Moser manufactured the Twin Rings Demolition Derby ride at the Louisiana State Fair in 2007.

State Fair manager Chris Giordano seems to be responding to this query in a statement that says they can't modify the ride by adding a pressure plate without the manufacturer's permission. His concern might relate to manufacturer's warranty requirements.

Amusement park rides require yearly inspections and additional inspections prior to opening a fair or other event. In addition, manufacturers issue service bulletins (recalls) periodically relating to their products that require repairs or modifications to the machines because of safety concerns. Had the State Fair wished to modify the Twin Rings Demolition Derby ride by adding a "dead man's switch" as a safety precaution, our carnival ride accident lawyers suspect that Moser would have given them permission if they had requested it.

The Danger of Driving in Thick Fog: Fiery 34-Vehicle Pileup in England

Sun, 06 Nov 2011 08:00:00 EST

Our Clear Lake, TX accident lawyers have written before on the dangers of accident injury and fatality resulting from driving in poor visibility conditions. In Texas, bicyclists, pedestrians, and motorcyclists suffer the worst toll from drivers making their way through poor visibility conditions. We don't often experience the thick fogs that British drivers seem to experience on a fairly regular basis.

In Somerset, England on Friday night, Britain suffered one of its worst-ever roadway disasters because of poor visibility from thick fog. A fiery 34-vehicle pileup on the M5 roadway claimed at least 7 lives and injured more than 50 other victims. Wet roadways and fireworks smoke from a nearby festival may have magnified the danger from the fog.

As one witness tells it, a bank of black fog suddenly descended and completely blocked from view a nearby truck ("lorry") on the M5 highway they were driving. The witness says they took immediate action to evade the danger of crashing into the truck, but others weren't so lucky. They heard one loud "thump" after another as multiple vehicles crashed together in the thick bank of fog. Multiple explosions followed, and a massive fireball engulfed the scene of the 34-vehicle pileup. Witnesses say jets of flame shot at least 200 meters into the air.

Ordinary citizens and first responders alike were balked in rescue efforts by the heat, flames, and poor visibility. The fiery 34-vehicle pileup tragically killed at least 7 people. Officials say that they expect the toll to rise. The massive fireball and multiple-vehicle wreck injured more than 50 other people. Officials say that some vehicles were burned completely down to the ground, and they expected it to take more than a day to clear the scene of the wreckage.

Witness accounts indicate that it took only a few moments for the massive 34-vehicle pileup to occur after the bank of fog descended. Apparently drivers could clearly see the road around them at one moment, and at the next they were blinded by fog. According to reports, local drivers were familiar with foggy conditions and this stretch of roadway, which reportedly was a straightaway without curves or turns.

Even where you know the road, and you're familiar with poor visibility conditions in that area, you should always slow down and proceed carefully. Pull well off the roadway if conditions seem like they're becoming too bad to driver; don't take chances with your life or others' lives.

This 34-vehicle pileup illustrates the danger that almost anything can happen suddenly when you're on a fast-moving, busy roadway. Take precautions. The life you save may be your own. And if you do suffer injury from a complicated accident scene, hire an experienced accident lawyer to conduct a thorough investigation for you.

Your Clear Lake, TX accident lawyer's skill and knowledge could help you identify the causes of the wreck and the parties at fault for your injuries. Especially in a highly complex accident situation like this one in Somerset, England, it would take some while to accurately trace the sequence of events and the actual causative factors for each victim's injuries. Highly specialized investigators and attorneys would be needed to reconstruct the accident.

If you're suffering because of a local accident, contact our Clear Lake, TX accident lawyers for a free consultation to discuss your accident. We could help you understand your legal options for recovering fair monetary compensation for your injuries. We've helped many other accident victims obtain just recoveries over the years. We would be pleased to help you too.

Houston Police Should Take a Stronger Approach to Possible DWI Crimes

Sat, 05 Nov 2011 08:00:00 EST

News reports mention that the Houston Police Department has a response to a recent accident scene under review. The review comes in response to witness allegations that a driver who ran over a stop sign, smashed into a parked vehicle, and then ran into a tree smelled of alcohol and had empty beer cans littering the inside of his Ford F-250 pickup truck. The crash occurred Sunday night in a NW Houston residential neighborhood near the 7500 block of Maple Tree Drive.

Our Houston car crash lawyers read that residents of the neighborhood claim the HPD officers and HFD paramedics responded to the scene, but that none of these personnel checked out the driver of the Ford F-250 pickup truck. The residents say that the driver of the pickup truck was permitted to leave the scene without receiving a ticket or even taking a field sobriety test.

An HPD spokesperson said that the incident is still undergoing review and that traffic citations could still be issued. The spokesperson stated that the investigation so far indicates that the driver suffered from an unknown type of medical episode.

If neighborhood residents are correct, and the driver clearly smelled of alcohol and had a truck containing several empty beer cans, then we Houston car crash lawyers believe that the HPD was remiss in its duty to administer a field sobriety test. If the driver was drunk, but was permitted to leave the scene of the accident, he could have caused further wrecks afterwards along with serious injuries or fatalities.

Drunk driving and drugged driving represent two dangerous and growing problems in Harris County. Just today, our Houston car crash lawyers read another news account of a possibly drunk driver smacking a vehicle right into a law enforcement patrol truck. Earlier this week, we came across accounts of two other drunk drivers crashing into police vehicles.

It seems almost like a trend. In light of the recent wave of drunks smashing into police vehicles, police might take note and crack down more severely on DWI crimes. A stronger approach to DWI crimes could save us all from the dangers of these drunken drivers and the wrecks they cause. It seems a stricter approach to DWI crimes could also save our law enforcement departments substantial vehicle repair costs and medical expenses.

Rushing to Fatal Disaster: Red Light Running Causes Fatal Texas Wrecks

Fri, 04 Nov 2011 08:00:00 EST

People run red lights heedlessly all over Texas. And more and more news reports feature stories of innocent victims who lost their lives in fatal Texas wrecks when a red light runner crashed into them as they were crossing an intersection. Some of those who run red lights are people in a hurry who don't stop to think that the safety they might be sacrificing as they rush to their destination might be their own. Others are distracted drivers who might be texting or engaging in other multitasking activities as they drive. They just plain fail to notice the light. Others might be drivers too drunk or fatigued to notice or understand the red light.

But when a rushing vehicle runs a red light and collides with you, the results can be catastrophic injuries and fatalities. Collisions caused by red light runners are more likely than other types of wrecks to produce some degree of injury. 47% of red light running crashes produce injury, as opposed to 33% of other crashes.

On urban roadways, fatal Texas wrecks are more likely to result from red light runners than from other types of crashes. Across the nation, at least 200,000 injuries and 1,000 deaths occur each year because of red light runners. And those statistics are on the rise as our population increases and the number of vehicles on our roadways, many driven by unlicensed and uninsured drivers, also increases.

If someone who ran a red light has injured you, or you lost a loved one to such a collision, the burden of proof rests on you to prove the cause of the accident and the validity of your claim for compensation. As you pursue your claim, you would benefit from the help of an experienced Texas accident attorney who could conduct a thorough investigation of the accident for you.

Your Texas accident attorney might need to reconstruct the accident in the context of the timing of the red light at the intersection where the accident occurred. It's important that you bring an able Texas accident attorney onto your case as soon as possible. Valuable evidence that you might need to prove your claim begins to disappear and degrade almost immediately following an accident.

Contact the experienced Pearland, Texas accident attorneys at Denena & Points to maximize your financial settlement from your red light runner accident. Your initial legal consultation is absolutely free. We've been helping people harmed by road collisions for more than 12 years. We would be happy to discuss your case with you and how we could help. We look forward to providing you with the good counsel and specialized legal help your need to make informed decisions following your catastrophic accident losses.

Tragic Accident Shows We Need Better Roadway Lighting in Harris County

Wed, 02 Nov 2011 08:00:00 EST

A tragic, fatal accident between a local bicyclist and a pizza delivery driver on Halloween night points out the urgent need for better lighting along our Harris County roadways. Unlit roadways need artificial lighting to improve nighttime visibility and reduce the chances of devastating accidents. The bicycle/car accident on Halloween claimed the life of a father of 11 children. This man, originally from Scotland, was an experienced bicyclist familiar with the road on which he met his tragic accident.

Investigators are attributing the accident to the lack of visibility on the darkened, unlit, nighttime road. It appears that the unfortunate pizza delivery driver never even saw the bicyclist before he struck him with his vehicle in the dark.

Harris County accident lawyers know that the reflectors and reflective clothing used by some bicyclists provides relatively little protection on an unlit road. Reflectors are best seen from certain angles, and drivers often can't see them until it's too late. Car headlights help at close range, but provide limited visibility at greater distances.

Car drivers look out for vehicles of their own size. Both bicyclists and motorcyclists already suffer increased dangers from the lower visibility of their smaller profiles on the road. In a darkened, nighttime context, the increased danger can prove fatal.

Unlit roads present enormous dangers of serious or fatal injuries to the bicyclists, pedestrians and even vehicle drivers who must use them to reach their destinations. Our Harris County accident lawyers note that permanent lights along the nighttime roadways could improve visibility for the greater good and safety of all roadway users.

But in the current economic climate of budgetary deficits and decreasing revenues at all levels of government, new installations of roadway lights seem fairly unlikely. On unlit, narrow rural roadways with proven risks of fatal nighttime accidents like the stretch of Huffman Cleveland where the bicycle/car accident occurred, we Harris County accident lawyers feel that government should take the necessary step of installing some lights along the roadway to improve nighttime visibility. A light alongside Huffman Cleveland might have saved Russell Brandon's life. The cost of a roadway light seems insignificant next to the cost of a fatal roadway accident.

Halloween Weekend Might be a Prime No Refusal Weekend for Houston, TX Area

Mon, 31 Oct 2011 08:00:00 EST

As an experienced Galveston accident lawyer, I tend to notice trends like increases in DWI accidents. But I didn't realize that Halloween weekend was such a big drinking holiday. What precisely is everyone celebrating with so much alcohol?

I first noticed an unusual DWI accident story on a Port Arthur man who made things easy for the police on Friday by crashing drunkenly right into a parked police car. The police were out on a call at a home investigating a burglary when the drunken driver left the road, veered across the lawn, and hit the patrol car before trying to flee the scene.

Then on Saturday on the East Freeway at Market, a man suspected of DWI lost control of his SUV, veered off the road and smashed into a clothing donation bin. The SUV flipped over and ejected the driver from his vehicle. According to reports, the driver is recovering in the hospital from his accident injuries in serious but stable condition.

Early on Sunday, a DWI driver behind the wheel of a Ford Explorer ran a red light and lost control of his vehicle at Market and East Loop. The For Explorer swerved into the median where it flipped over, partially ejecting the driver. The driver's head impacted the road and the guardrail, and he died at the scene of the wreck. Police say that the vehicle smelled of alcohol and a number of beer bottles were inside.

With at least one serious DWI accident every single day, Houston and the Texas coastal area run well above the national average in drinking-related injuries and fatalities on the road. As a Galveston accident lawyer concerned about the trend, I wonder: has Halloween become another excuse to drink to excess and drive in Houston, TX? Or is the conjunction of all of these DWI accidents with Halloween a pure coincidence?

Law enforcement agencies have been making increasing use of "no refusal" weekends to catch drunken drivers. This Galveston accident lawyer suggests that maybe they need to add Halloween weekend to the list of those weekends on which to conduct their no refusal operations.

Negligence in a Dangling Noose In Fenton, MO's Aptly Named Creepyworld

Sun, 30 Oct 2011 08:00:00 EST

Halloween week news headlines have been reporting a horrific hanging accident involving a teenage actress found dangling from a noose by a fellow employee at the aptly named Creepyworld in Fenton, MO. Creepyworld touts itself as the world's largest Halloween haunted house attraction. It requires a staff of around 150 people to operate the attraction.

Creepyworld maintains silence on the issue of how the teenage actress, working at Creepyworld, became entangled in the noose. News accounts report that the noose served as a prop used for visual effect. The visual effect of a young coworker dangling unconscious at the place of employ does not bear imagining.

It's unclear from the news reports if the young actress's job involved working in the area of the noose. Reports say that another employee, charged with the job of checking on employee safety, found the young woman dangling unconscious in the noose. That Creepyworld has special employees tasked with the job of checking on each other's safety perhaps tells a lot about unsafe working conditions at the haunted theme park attraction.

Whatever the details of the incident, and however the actress became hung in the noose, the fact remains that leaving a working noose dangling in a public attraction just screams of negligence. At a haunted house attraction, people wander in the dark. They run from imagined terrors. Young people can be expected to prank each other using available props.

People who pay to enter the premises of a haunted house or any public theme park attraction operate under the sometimes unfounded assumption that every precaution has been taken for their safety and that the premises are safe for use.

Leaving a working noose dangling at a public attraction that people, predominantly children, tour in the dark in an atmosphere of fear is not just negligent, it's grossly negligent. It's unconscionable.

Indeed, a working noose should never, ever be left dangling anywhere. That's just a recipe for injury, death, and disaster. It's hard to imagine how harm could be avoided. However that unfortunate young actress came to be entangled in the noose, the owners and operators of Creepyworld remain at fault for the clear and present danger offered by that noose. They must have known-certainly they should have known- that the noose posed an unreasonable risk of harmful injury to employees and visitors to the haunted theme park attraction.

Theme parks like to create a believable illusion of authenticity. Real nooses and real hangings pass far beyond the bounds of acceptable authenticity. And we don't know the details on how the hanging occurred. Creepyworld might be far creepier than visitors ever imagined.

Why Do Texas Underride Truck Accidents Happen?

Sat, 29 Oct 2011 08:00:00 EST

Underride accidents are one of the main causes of fatalities in Houston truck wrecks. This may come as a surprise to some, since those underride guards on the back of trucks are supposed to prevent cars from going underneath tractor-trailers...Aren't they?

Unfortunately, studies have shown that when these guards are struck - even at relatively slow speeds - they buckle. This allows the car to continue beneath the truck, severely injuring or even killing the occupants.

The reason for underride accidents is not as simple as following too closely. Other factors that may contribute to underride accidents include:

Dirty truck lights or reflective tape
Failure of a trucker to signal their intent to slow, turn or stop
Failure of a trucker to use flares or reflective triangles when parked or broken down on the side of the road
Truckers who enter quickly moving traffic at a very slow speed
Chain reaction rear-end accidents
Reduced visibility due to poor weather conditions
Inability of passenger vehicle to stop because of slick roadways

Houston underride accidents often result in fatal or extremely severe injuries, including traumatic brain injury, spinal cord injury or paralysis. If someone you love has been seriously or fatally injured in a Houston truck wreck, contact Denena & Points. Our Houston semi-truck crash lawyers will fight to get you the compensation you deserve from all responsible parties.

Anti-Biker Bias Leads Juries to Award 25% Less to Texas Bikers

Sat, 29 Oct 2011 08:00:00 EST

A comparison of jury verdicts awarding compensation in accident injury cases shows that juries tend to award about 25% less in financial compensation to injured bikers than to injured car occupants having similar claims. Much of the difference seems to result from the general public perception of bikers as reckless risk-takers who neglect their own safety as well as the safety of others.

Unfortunately, that bias does not arise in a vacuum. We've all seen super sport bikers weaving at high speed through slower, lumbering larger vehicles. We've seen the heedless motorcyclists speeding down dangerous Texas highways unprotected by helmets. We've seen motorcyclists tightly cornering at high speeds.

But much of the fault for motorcycle accidents that gets erroneously attributed to the bikers is actually not their fault at all. Two wheels provide less stability then four wheels. Motorcycles derive far greater danger from a bit of loose gravel or an oily patch in the road than car drivers could ever imagine. A little gravel can knock the wheels right out from under the biker through no fault of his own.

And accidents involving cars frequently take the form of the car suddenly turning left in front of an oncoming motorcycle or suddenly pulling out in front of an oncoming bike. The car's driver invariably claims to not have seen or noticed the oncoming bike. And the biker, who couldn't possibly stop in time even on a high performance bike, is left with debilitating injuries, if he even survives the wreck. And sometimes a design or manufacturing defect causes the brakes or other equipment to fail. Again, this is no fault of the biker.

Car drivers are trained by experience to look out for vehicles of similar or larger size. So these drivers often don't perceive the smaller profile of a motorcyclist and his bike until it's too late. That visual bias meets the multiplier effect of another perceptual bias when the biker takes his injury claim to court. The jury's inherent perceptions can lead the jurors to believe that the biker contributed his own negligence to the making of the accident when in fact he did not.

Motorcyclists will face bias when they make their accident claims. To have any hope of receiving fair compensation for their accident injuries, motorcyclists need the help of experienced Texas motorcycle accident attorneys who know how to combat this bias and level the playing field for the motorcyclist.

A knowledgeable Texas motorcycle accident attorney can amass favorable data on the motorcyclist's educational background, family, employment history, and charitable and community activities to thwart this bias before it affects his case outcome. The Texas motorcycle accident attorney can use accident reconstruction specialists to show that the wreck was not the biker's fault. The key to winning a motorcycle accident claim and just compensation is thorough and thoughtful case preparation by your specialized Texas motorcycle accident attorney.

Call Denena & Points today for your free motorcycle accident consultation. We're Texas motorcycle accident attorneys with more than 12 years of specialized motorcycle accident claims experience. We have a substantial track record for winning favorable case outcomes for our biker clients. Call today; let us help you fairly win your valid claim.

Governments Should Enforce the Laws to Protect Your Safety in Texas

Fri, 28 Oct 2011 08:00:00 EST

You may have just seen the news of another illegal immigrant who plowed into a vehicle on W. Sam Houston Parkway in a speeding car and killed a local citizen. This illegal immigrant, Juan Ivan Olivarez of course did not posses a valid driver's license or the required liability insurance.

You may not be aware that the U.S. government has essentially sent down orders that local governments are not to enforce our immigration laws. When the U.S. government chooses to turn a blind eye to illegal immigration and fails to enforce immigration laws, that basically means that untold numbers of illegal immigrants are actively crossing our borders with impunity. After they arrive, fatal road crashes and other crimes often follow. Government abandonment of the rule of law is no way to encourage either public safety or public obedience to the law.

Some say that the solution is simply to provide amnesty to all of these people who have ignored and violated U.S. and local laws. But you may have noticed that amnesty leads to even greater lack of respect for the law and even further violations of it. Would the family of Roger Jones, who was so callously killed by Juan Olivarez, like to see that reckless driver given amnesty for his crimes? They are already left without much recourse for their tragic injury by his lack of insurance.

Our U.S. government and many of our local governments often seem to turn a blind eye to crime to our detriment. They even seem to actively encourage some violations of the law, like illegal immigration, as a matter of policy. You can probably see how such policy threatens your safety. Until our governments begin to show some respect for our laws and for the constituents who elected our officials, your safety remains in peril.

Proving Fatigue & Medical Disqualifications in a Conroe TX Truck Wreck

Fri, 28 Oct 2011 08:00:00 EST

Conroe, TX Injury Attorney Explains How Fatigue & Medical Disqualifications Can Affect the Value of Your Conroe, TX Truck Accident Claim

Truck drivers and trucking companies operate under pressure to get the most miles out of each haul in the shortest time. Their profits are dependent upon driving as many hours as possible. Meeting the demands of the trucking industry for long hauls and long hours leads to fatigue and/or chronic medical conditions in many truckers.

Fatigue from driving long hours.
Sleep apnea or other sleep disorders.
Spinal injuries or chronic lower back pain from driving long hours in a seated position. Pain medications used to treat these conditions often cause drowsiness as a side effect.
Depression. Medications used to treat depression also frequently cause drowsiness.

Federal and local regulations recognize the increased dangers of truck wrecks and injuries caused by fatigued or medically impaired truck drivers. Regulations seek to limit the hours truckers can drive in order to minimize fatigue dangers. Regulations also require medical examinations of all truckers to determine their fitness for duty.

If you can prove that the trucker who caused your truck accident was medically disqualified from driving at the time of the accident, you might obtain punitive damages that could substantially enhance your financial recovery on your claim.

You can use the trucker's own responses on the DOT medical examination to show dishonesty. When you have proven that his actual medical condition at the time of the accident differed from what he disclosed on the medical form, you could show medical disqualification. Your attorney might also subpoena hospital records, prescription medication records, and the testimony of primary care, medical specialists, and other physicians to help prove the truck driver's real medical state.

The pressures to drive profits provide strong incentives for truck drivers and trucking companies to ignore medical and fatigue issues that could endanger your safety. Only by holding the truckers and trucking companies financially accountable for their negligence and willful disregard of safety concerns can you help curb that tendency.

So when you have an accident claim to make, don't let the trucking industry off lightly. Hire an experienced Conroe, TX injury attorney with extensive insights into trucking practices. You attorney would know where to look to find evidence of negligence and disregard of safety regulation that he could use to good advantage to increase the monetary value of your case.

Contact Denena & Points for a free consultation regarding your accident claim. Chad Points brings prior experience in the trucking industry into play on your behalf. He knows trucking industry tricks and how to combat them for you. He and Tony have built a winning track record against the trucking companies using that insight. Call today if you need help after a truck accident.

Passenger Vehicles Aren't Safe Against Side Underride Truck Crashes

Thu, 27 Oct 2011 08:00:00 EST

Underride accidents are very dangerous and cause hundreds of injuries and fatalities each year. When most people think of underride crashes, they only think of running into the back of a tractor-trailer. However, side underride accidents are even more dangerous.

Rear-end crashes with semi-trucks are extremely dangerous; however, the vehicle may be stopped by the underride guards on the back of the truck. This is not the case on the sides of tractor-trailers. Currently, there are no regulations that require the presence of guards on the sides of tractor-trailers.

While running into the side of a semi isn't as likely as running into the back, it is still possible. Cases in which a vehicle could run into the side of a tractor-trailer include:

Tractor-trailer turning slowly across a road or highway
Tractor-trailer making a wide U-turn across multiple lanes of traffic
Tractor-trailer backing into a driveway or street
Loss of control by passenger vehicle, sending it into the side of the truck
Jackknife accident
Inability of driver to see truck turning across, passing through or stopped in lanes at night

If someone you know has been injured in a Houston truck wreck that resulted in an underride, you may be eligible to receive injury compensation. Contact a Houston truck accident lawyer at Denena & Points for more information.

Good Tires are a Baytown Vehicle's Critical Pieces of Safety Equipment

Wed, 26 Oct 2011 08:00:00 EST

We've written before on the critical importance of sound tires and diligent tire maintenance to a vehicle. But if there's a tire defect hidden somewhere in the many layers of your tire, sometimes all the diligent maintenance in the world won't help you. That tire's just inherently weak, and someday it's going to blow.

A small portion of the tire tread, called the contact patch, is where all the weight of your vehicle rests upon and makes contact with the Baytown, TX roads. If there's a weakness in the tire, improper inflation that increases tire heat and friction, or a nasty patch of bad road, your tire might blowout. And sudden tire blowouts often lead to deadly losses of vehicle control.

Tire manufacturers have a duty to ensure that these critical pieces of vehicle equipment are free of tire defects and safe for your use. Vehicle makers have a duty to ensure that they choose the most appropriate tire type for your make of vehicle. Those who maintain your vehicle and its tires have duties to ensure your safety.

If any one of those parties fails in their duty and a harmful Baytown accident results, they remain liable for their failures to fulfill their duties. Their negligence provides your cause of action in a personal injury or wrongful death lawsuit.

Don't let negligent corporate interests endanger your safety or the lives of the ones you love. Hold them financially accountable for their negligence through a civil lawsuit. The only pain corporations might feel is financial pain. If their negligence has hurt you, then hit them back where it hurts them most: on the bottom line. Call if you need help. We make it our mission to hold negligent parties accountable for the harm that has injured our clients.

3 Easy Ways to Prevent a Houston Truck Crash

Tue, 25 Oct 2011 08:00:00 EST

We are always hearing stories on the news about accidents on the road and all the reasons why they occurred. There a few steps that we can take to do our part in preventing another Houston truck wreck.

We live in a busy world with many things to do at once. Sometimes we are so busy reading our GPS or taking care of the children, especially while driving, that we don't realize we are making careless mistakes. These mistakes could be putting us or other drivers in harm's way. This is especially true when it comes to driving on the road with 18-wheelers. The rules of the road are a little different, and we need to be aware of them while driving.

The first rule to consider is about changing lanes. When changing lanes in front of a truck, it's important to remember to leave a great deal of space between the two of you. A truck driver cannot compensate for speed or distance the way a passenger vehicle can. If you cut in front of them too closely, they may not be able to stop in time to avoid hitting your car.

The second rule is something we have all heard about as drivers - the dreaded "no zones." Even though we are familiar with these blind spots on a truck, we still drive in them and put ourselves at risk. Paying attention to where you are in relation to the truck driving next you could save your life.

We tend to forget that trucks take a much longer time to stop. One of the easiest measures of prevention of a Texas big rig crash is to make sure you have enough time to turn in front of an oncoming truck. It's very difficult to judge the speed and distance of a truck coming towards you. If you won't have enough time to cross safely, the truck driver will have to do his best to hit the brakes and stop - but many times he can't do it in time to avoid hitting you.

There are many ways that we can help prevent the injury of another driver or ourselves. These three are just a start but are very important. If your loved one has been a victim of a Houston truck crash, it's important to talk with someone who can help you get back on your feet. Contact a Houston truck accident attorney today at Denena and Points to discuss your rights to financial help.

This Halloween Take Extra Care: Look for Children as You Back Your Car

Tue, 25 Oct 2011 08:00:00 EST

We all know that small children and their pets don't always know to look out for traffic before they rush off to their next destinations. And this Halloween in Pasadena, Texas, kids will be out trick or treating. Their minds will be on candy, costumes, and friends. And unfortunately, it's difficult to notice a tiny black-clad vampire or zombie as you back out of your driveway at night.

Pasadena, TX injury lawyers know the sad accident statistics all too well. Annually, around 5,000 children receive serious injuries because drivers couldn't see them in their driveways. Another 200 children under the age of 14 die from being run over by vehicles in driveways.

Often it's a close relative or friend who suffers the anguish of accidentally running over the child that they couldn't see in the driveway. A Houston headline just told of a mother who accidentally ran over her daughter in the driveway when the child suddenly ran behind the car. The tragic accident fatally injured the daughter, leaving the mother bereaved.

Many of these devastating driveway accidents could be prevented. If you have a rear view backup camera on your vehicle, you have an extra edge in preventing such tragedy. If you don't have the advantage of a backup camera to help you, you can just take a few extra moments of care to help save yourself needless heartache and grief from a driveway accident.

SafeKids.org suggests taking a few moments to walk completely around your vehicle to check for children, pets, and toys they might have left as surprise obstacles in your driveway. Always accompany your small children as they enter and exit vehicles, and make sure that they are securely inside a vehicle or out of range of a vehicle about to move. If children are playing nearby as you need to exit your driveway, see if older children could shepherd the younger ones safely out of the driveway.

This Pasadena, TX injury lawyer knows that by working together and taking a little extra care, we can make this Halloween in Pasadena a safe one.

Similar Driving Behaviors of Drunken, Drowsy & Distracted TX Drivers

Mon, 24 Oct 2011 08:00:00 EST

Houston news channels recently reported another fatal tollway crash on North Sam Houston Parkway where one vehicle plowed into the vehicles ahead of it without slowing while approaching a tollbooth. This particular crash resulted from the negligence of a drunken driver.

Pearland accident lawyer asks if this fatal tollway crash reminds anyone else of another recent fatal tollway crash? That other fatal tollway crash might have resulted from a drowsy or distracted truck driver.

Statisticians and researchers have quietly been bringing some attention to the close relationship between the driving behavior of distracted drivers, drowsy drivers, and drunken drivers. Unfortunately, accidents like this fatal tollway crash have a more spectacular and costly way of bringing light to the same relationship.

Approximately 11 teens die each day from distracted driving. A person dies in an alcohol-related wreck about every forty minutes: that's about 18 people per day.

High-speed rear end crashes commonly result from these three types of drivers. Accidents where one vehicle suddenly veers off course and crashes head on into another vehicle also result frequently from these three types of drivers.

The bottom line is that these crashes and their resulting injuries or fatalities have become far too common on our Texas roads. And the problem continues to grow. Highlighting the problems of distracted driving and drowsy driving to grow awareness of the issues can help.

Bringing penalties for these two dangerous acts more in line with those of the recognized danger of drunk driving could also help. The critical point is that we do something before more innocent people are lost or maimed in high-speed crashes involving drowsy drivers or distracted drivers.

Driver Fatigue, Driver Distraction, DWI & Their Fatal Toll in Texas

Sun, 23 Oct 2011 08:00:00 EST

Driver fatigue and driver distraction, particularly the distraction resulting from texting and cell phone use, are often fatal to innocent victims in Texas. The recognized dangers and costly toll from cell phone use have become so pervasive that Texas, like many states, has passed laws prescribing penalties against the use of hand-held devices in school zones. Discussion is underway of more wide-ranging penalties for driver distraction.

Some regulations exist to try to curb the problem of driver fatigue in commercial truck drivers. But non-commercial drivers face no regulations and no penalties.

As yet, few criminal penalties exist for driver fatigue and driver distraction, two conditions shown to be just as likely of causing a catastrophic injury or fatal accident as a DWI. Just recently, I read of a fatal two-truck crash that appears to result from either driver fatigue or driver distraction. The driver at fault suddenly drifted into oncoming traffic on State Highway 72 in Bee County, where he met an oncoming truck in a fatal collision. But the DPS trooper on the case said that the driver at fault for the fatal wreck would likely only receive a traffic ticket because drugs and alcohol weren't implicated in the fatal wreck.

Perhaps we need to recognize the inherent dangers posed by driver fatigue and driver distraction and enact stricter penalties. In the fatal Bee County wreck, family members of the deceased victim can still seek compensation for their loss through a civil wrongful death lawsuit. But if the driver at fault in uninsured or has no assets to speak of, they might receive nothing in recompenses for their tragic loss. And where is the sense of closure when all that the at-fault driver must face is a traffic ticket for causing the fatal wreck?

This Houston personal injury attorney wonders: when will we begin taking the problems of driver distraction and driver fatigue seriously enough to enact penalties that might prevent drivers from letting distraction and fatigue endanger other lives?

Structural Engineer Frank Woeste Says Most U.S. Decks & Porches Unsafe

Fri, 21 Oct 2011 08:00:00 EST

Structural Engineer Frank Woeste, P.E., Ph.D., a professor of Engineering at Virginia Tech, maintains that most U.S. decks and porches can't support the weight load that building codes say that they should support. His assertion is well founded. He spent an extensive amount of time inspecting and reviewing all sorts of decks and porches for his new Manual for the Inspection of Residential Wood Decks and Balconies. He said that when the team of authors of the Manual went out to research decks and porches, they did not find even a single one that was completely code compliant.

Our deck and balcony collapse attorneys note that the International Building Code, upon which most local building codes are based, requires that a deck, porch, or balcony be able to support a live load of 40 psf (pounds per square foot). This is in addition to the "dead load" the structure must bear. The dead load is the weight of the structure itself.

Frank Woeste, in a discussion of a fatal porch collapse in Chicago that killed 13 partygoers on June 29, 2011, seemed frustrated with the media's repeated coverage of a Chicago Fire Commissioner's statement that put the blame on overcrowding. At the time of the fatal porch collapse in Chicago, no more than 30 people were on the porch. The actual number probably stood at fewer than that.

There were about 70 partygoers spread across all three levels of the building, inside and outside, and the connecting stairways. Most of the killed and injured partygoers were underneath the deck when it fell on the 1st and 2nd floors.

Frank Woeste says that the math clearly reveals that a code compliant deck should have supported the weight of the people that occupied it. In fact, the 12' x 20' porch should have safely supported 60 people if it was fully code compliant. This is based on:

An average person's weight of 160 pounds,
With each person allotted 4 square feet,
On a porch supporting a live load of 40 psf.

He said the erroneous media focus on "overcrowding" in the fatal porch collapse in Chicago could give other deck and porch owners a false sense of security about the strength and reliability of their own decks.

Injured victims of the fatal porch collapse in Chicago and the surviving family members of those killed in the fatal porch collapse have sued the City of Chicago in addition to the building owner. Their deck and balcony collapse attorneys focus attention on inadequately sized joists. They say that the City did not do its job in inspecting properties and making sure that they were safe for use. And an after the fact inspection by the City on 700 decks and porches resulted in citations for at least 545 of them, and outright condemnation of 70 others.

Frank Woeste says that some basic math can help you build safer decks and porches. He says that some fairly simple math can easily guide you in joist size and spacing, but that you should be sure not to overlook the ledger attachment. Most deck and porch collapses result from failure of connections at the ledger board attachment. Post stability is another important consideration, especially for taller structures.

Our experienced deck and balcony collapse attorneys could help you obtain fair financial recompense for your expenses and your pain and suffering after you've been injured or you've lost a loved one in a structural collapse. But your advance inspection and repair could possibly help you avoid a disastrous deck collapse altogether. Build safe.

Increase in Deadly Hit and Run Accidents Hits Home in Houston, TX

Thu, 20 Oct 2011 08:00:00 EST

Like the rest of the nation, Houston, TX has seen a dramatic increase in hit and run accidents over the last two decades. Just from 1999 to 2001, the number of reported hit and run accidents increased almost 20%. The years afterward have shown a steady climb in the rate of Houston hit and run accidents.

The increase in the number of Houston hit and run accidents shows a strong tie to the increase in the number of unlicensed drivers on our roads. A study by the AAA Foundation of Traffic Safety showed that between 1993 and 1999, 21% of all fatal crashes involved unlicensed drivers or drivers with suspended licenses.

No one knows the true number of unlicensed drivers on U.S. roads. But estimates place that number in the millions. Many think that the high number of unlicensed drivers and hit and run accidents by these drivers bears a strong tie to the high number of illegal immigrants in this country.

After all, if an illegal, unlicensed immigrant causes a fatal accident and remains at the scene, he or she might risk detention and deportation. The possible consequences make fleeing the scene worth the risk to the perpetrator. If the driver flees, that driver might not get caught and might suffer no consequences from the fatal act. But if the driver remains at the scene, the prospects aren't good.

But illegal immigrants by no means account for all hit and run accidents. Legal citizens of high status who don't want to risk bad publicity might flee the scene of an accident that has left injured or wrongfully killed victims. Drunk drivers who don't want the consequences of a DWI arrest will often try to flee if they can. People driving without a valid license or under a suspended license will try to flee so that they don't get caught for their crimes. And sometimes ordinary citizens who just don't want to take responsibility for their mistakes will flee the scene of a fatal accident.

A government report in the FARS database shows that the 7 states having the largest illegal immigrant populations also have the largest numbers of fatal hit and run accidents.

The AAA Foundation for Traffic Safety found that unlicensed drivers remain OVER 66 TIMES more likely to cause a hit and run accident than licensed drivers.

Many statistics appear somewhat murky and open to interpretation. But the statistics correlating fatal hit and run accidents to the numbers of unlicensed drivers and illegal immigrants have a surprising clarity. But without a clear and consistent enforcement policy, the problem likely will not go away.

Stepping up enforcement against those who drive without a license would help. Stepping up enforcement of immigration laws would help. Blanket patrols, sobriety checkpoints, no refusal weekends, highly publicized educational and enforcement campaigns, and video enforcement could all help to curb the problem. But enforcement takes money and agreement on the nature of the problem and how to address it. Opinion remains divided on this issue as on so many others.

So we will continue to see innocent victims killed by unlicensed and uncaring hit and run drivers. Houston accident attorneys could help the surviving family of these unfortunate victims to obtain compensation and some closure for the crimes in some cases. But no amount of financial compensation can ever make up for the loss of a loved one to an early death at the hands of a heartless hit and run driver.

Changes Limiting Truckers' Drive Hours Would Be Step Forward in Safety

Wed, 19 Oct 2011 08:00:00 EST

Tomball Truck Accident Lawyer Explains How Proposed New Regulations that Further Limit the Hours Truckers Can Drive at a Stretch Would Enhance Highway Safety

Our Tomball truck accident lawyers have been following an ongoing controversy concerning the number of hours that truck drivers should be allowed to drive at a stretch. Political and powerbroker discussions are underway trying to overturn the FMCSA's proposed new hours of service limits for truck drivers. The proposed new service limit rules would:

Reduce the amount of time a truck driver could drive within a 24-hour period from 11 hours to 10 hours.
Limit truck drivers to a single 34-hour restart within a 7-day period.
Require two rest periods between midnight and 6 a.m. for all 34-hour restarts.
Require truck drivers to take a 30-minute break after driving for 7 hours.
Require truck drivers to take a total of 1 hour of breaks within any 14-16 hour driving window.

Even these proposed new limits on truck driving hours still let truck drivers work for long periods without much in the way of breaks. Your Tomball truck accident lawyer asks you: do you often work 14 to 16 hours at a stretch with only a single hour of breaks? Would it make you tired if you worked for such a long stretch?

Well, it makes truck drivers tired too. And sometimes they fall asleep at the wheel or lose their focus and cause massive truck wrecks. Around 1500 people die each year from wrecks caused by driver fatigue. Another 100,000 receive injuries. Some of these injuries are catastrophic, disabling ones that require expensive, lifelong medical care. These driver-fatigue related truck wrecks cause billions of dollars in damages and ongoing expenses.

Critics of the proposed rule changes say that the regulatory burden will cost $1 billion. (That's still small change compared to the billions the rules might save by preventing fatigue-related truck wreck injuries and fatalities.)
Critics say that trucking companies will have to hire more drivers to meet tight delivery deadlines. (The savings they might reap from fewer high dollar fatigue-related truck wreck claims dwarf their increased payroll costs will probably still. A single truck wreck-related claim could easily top $1,000,000.)
Critics claim the extra number of truck drivers will lead to increased road congestion and traffic delays. (I didn't notice anything saying that the trucking companies were also adding additional trucks to their fleets. Without increased numbers of trucks, the amount of truck traffic would remain the same. And you might have noticed that what really ties up traffic are the lengthy delays caused by thorough accident scene clean-ups and investigations following major road crashes.)

Still, politicians are putting their weight behind efforts to block the proposed rule changes. This might be because politicians typically receive far more in campaign contributions and other considerations from corporate interests like trucking companies than they do from the financially distressed victims of catastrophic truck wrecks.

The Tomball truck accident lawyers at Denena & Points point out that the collected data regarding the relationship between truck driver fatigue and catastrophic truck wrecks remains clear. Anything that the FMCSA and other regulatory authorities can do to prevent driver fatigue should lead to increases in safety for other divers that share the roads with trucks. Don't let politicians and powerbrokers put their profits over your safety.

While our Tomball truck accident lawyers are perfectly capable of helping you recover financial compensation for your injuries and losses after a catastrophic truck wreck, obviously you're far better off if you never experience that truck wreck and the injuries and fatalities it could cause.

Toys 'R' Us Held Liable for Negligence in Mass. Pool Slide Safety Case

Tue, 18 Oct 2011 08:00:00 EST

A Massachusetts jury held Toys 'R' Us liable in the amount of $20.6 million for fatal injuries sustained on a Toyquest Banzai Falls pool slide it sold. The award went to the widower of a woman who died when the slide broke underneath her in an Andover, MA pool belonging to relatives.

When the end of the 6-foot high pool slide bottomed out underneath her, 29-year-old Robin Aleo hit her head on the side of the pool and suffered a broken neck. The accident left Robin Aleo a quadriplegic. She was taken off of life support. Plaintiffs in the wrongful death lawsuit argued that the Toyquest Banzai Falls slide from Toys 'R' Us did not meet government safety standards regarding pool slides.

Manufacturers have a legal duty to the buyers and users of their products to ensure that the products are safe and fit for their intended use. The Consumer Product Safety Commission (CPSC) set forth detailed safety standards regarding pool slides in 1976. These regulations were a response to the alarming increase in the number of emergency room visits caused by pool slide accidents from safety defects. These pool slide accidents resulted in serious injuries including paraplegia, quadriplegia, and death in many instances.

Although many pool slides are primarily intended for use by children, safety standards require that a pool slide be able to safely support a person weighing 300 pounds. Pool slide manufacturers can reasonably anticipate that both adults and obese people will use the pool slides when they want to enjoy a fun day at the pool.

The Banzai Falls waterslide is one of the inflatable water slides of the Banzai pool slide line. The Banzai Falls pool slide is about 18 feet long and 6 feet high. A "Sidewinder" version of the slide is even longer, and adds a curve to the equation.

Having seen how the degree of inflation and solidity can vary from moment to moment in all sorts of large, inflatable decorations and advertising structures, I would think that inflatable pool slides would present a particularly risky product line. A momentary hiccup in the power flow to the inflation regulator could cause a deadly, if momentary, weakness in the slide.

And what happens if someone weighing 301 pounds uses the slide? What if a mischievous person pricks the slide, causing a slow air leak or leaks? What if the power goes out while someone is on the slide? What if more than one heavy person goes down the slide at once? I'm sure that your average pool goer on a sunny afternoon does not stop to read any fine print warnings regarding weight limits. If they suffer injuries, they can consult with an attorney to seek recompense for their accident. But no amount of recompense can replace a healthy, uninjured body.

An inflatable pool slide seems to present extraordinary safety risks for the user - risks of just the sort that the CPSC regulations intended to prevent. Perhaps Banzai should reconsider the idea of tall, inflatable pool slides. Perhaps Toys 'R' Us and other vendors should reconsider selling the products.

Beware the Word "Reform" in any Legislation in Texas or Elsewhere

Mon, 17 Oct 2011 08:00:00 EST

You can be almost certain that the "reform" that the law has in store for you will re-form your life, your health, your options, and/or your finances for the worse. Don't believe me? I admire your idealism and undaunted optimism. But let's look at the track record. We've seen massive legislation on:

Immigration reform,
Housing reform,
Finance reform,
Healthcare reform, and
Tort reform, among other things.

Who benefited from these so-called reforms? You, or various special interests? If you said the special interests, consider: special interests contribute far more to the coffers of the politicians that pass these reforms than do the ordinary Americans who often get shafted by legislative reforms.

The legislation passes and receives the "reform" label because most Americans would like real reforms in many of these areas. But that's never what we seem to receive. If we ever see major tax "reform" legislation, that's probably when we can all kiss any remaining income goodbye. (I'm just going by the "reform" track record here. I could be wrong. I hope I'm wrong in fact.)

My point is that the so-called medical malpractice "tort reform" that purported to offer Texans so many benefits has actually done the reverse. The medical and insurance industries have reaped the benefits of this legislation. The unfortunate victims of medical malpractice, or their surviving family members, have been left largely without recourse.

Many reputable personal injury lawyers won't even take medical malpractice cases anymore, because they know there's really nothing that pursuing the case can offer to the victim. Only where a medical injury relates to a defective medical device does a victim generally have hope of a fair financial recovery based on the injuries caused by medical negligence.

Sadly, Texas tort reform has offered us another "heads they win; tails you lose" scenario. So just look out whenever you see that word "reform" ominously tacked onto another piece of legislation. You can be pretty sure that new law offers you nothing but grief and higher costs.

Increasing Incidence of Houston Poly-Drug DUI & What to Do About It

Sun, 16 Oct 2011 08:00:00 EST

More and more impaired drivers in the Houston, TX region negligently and recklessly take to the road under the influence of not just one, but many drugs. Police routinely check blood alcohol levels of impaired drivers, but chemical tests for other drugs in the driver's system remain rare.

Poly-drug abuse is increasing in Houston and elsewhere among impaired drivers, so we should be insisting on chemical tests as well as on blood alcohol tests. Drivers use alcohol and drugs in combination partly to disguise the presence of the other.

A driver with a poly-drug combination in his bloodstream might become significantly more impaired than a driver with a blood alcohol level (BAC) exceeding the legal limit. But the poly-drugged driver's actual BAC may test below the legal limit. And chemical tests to detect the other substances in his system might not get used.

Even in 1988, a university study of poly-drug abuse among impaired drivers found drugs other than alcohol in the urine samples of 40% of drivers injured in vehicle crashes.
A study by the LAPD of drugged driving arrests showed alcohol present with at least one other drug in 47% of the suspects.
A study of more than 400 California drivers between 15 and 34 years of age killed in fatal vehicle wrecks found alcohol + marijuana in 1/3 of the victims. The study found alcohol + another drug in more than half of the victims.
An NTSB study of commercial truck wrecks in which drivers suffered fatal injuries found that fully 1/3 of these drivers tested positive for drug abuse. The drugs found in their systems included alcohol, cocaine, marijuana, opiates, PCP, over the counter stimulants, or some combination thereof. The NTSB found that the drivers violating DUI laws would also more likely violate other laws, including federal regulations limiting the number of hours driven in a single day.

Scary isn't it? Not only are these truck drivers piloting vehicles weighing close to 100,000 when fully loaded, but many of them drive these behemoths under the influence of a cocktail of drugs and alcohol.

Poly drug abuse takes a significant toll in lives on our roads, particularly among young drivers. The NHTSA suggests that laws should emphasize the actual impairment of the driver rather than the type of impairment, source of impairment, or type of substance ingested. But such a holistic approach presents enforcement complications.

Adequate enforcement of existing DUI laws already presents significant challenges. So I think that maybe law enforcement agencies and prosecutors remain unwilling to open the Pandora's box that attends such a change in the laws.

The Top 5 Reasons Children are Injured in Houston Pedestrian Accidents

Sat, 15 Oct 2011 08:00:00 EST

The motor coordination and decision-making skills of children under the age of 12 are not as developed as those of older children. For this reason, younger children are at a higher risk of making unsafe decisions that may cause them to be injured.

The following are some things to remember when you see children walking this Halloween season, as well as any other time of the year.

Young children are small. They cannot see over taller objects, and drivers cannot see them if they are behind a large object - like a parked car.
Young children are more impulsive and have a hard time reigning in their excitement, leading them to run from house to house without regard to their surroundings.
The peripheral vision of young children is not as developed as that of older children or adults, leading to a decreased viewing area.
Young children may not anticipate a driver's actions. They may assume that drivers see them and will stop for them.
Young children may believe that they are safe on sidewalks and crosswalks and do not watch before crossing roads or driveways.

Always remember that young children are especially impulsive and may not think about the potential consequences before darting across a road or driveway. Expect the unexpected in areas where children are walking or playing.

If a child you love has been seriously injured in a pedestrian accident in Houston, you need to seek legal help. Contact the Houston accident lawyers at Denena & Points to learn more about your child's rights.

Friday the 14th: A Bad Day for Fiery Truck Wrecks on Texas Highways

Sat, 15 Oct 2011 08:00:00 EST

Friday the 14th began with a horrific fiery truck crash in Houston around 2 a.m. A big rig barreling northward on North Beltway 8 towards a tollbooth struck a concrete barrier. The impact launched the truck into the air. The big rig then landed on a Ford Expedition stopped to pay the toll and exploded into flames. Two victims, Alexandria Collins-Flores and Michael WInfield, the drivers of the SUV and of the truck, tragically lost their lives to that horrific crash.

Then, on Friday afternoon, a tractor-trailer truck rear-ended a heavy machine truck in the northbound lanes of I-35 about 24 miles south of San Antonio. The tractor-trailer truck burst into flames when it crashed into the heavy machine truck. Both occupants of the tractor-trailer truck died in the blaze.

Investigators sought to determine the two crash victims' identities, the cause of the fiery fatal truck wreck, and who owned the truck. Texas DPS Trooper Jason Reyes indicated that investigators believed the tractor-trailer truck might have been an 18-wheeler coming from Mexico.

Elsewhere in the state, news accounts detailed other truck crashes, less fiery and fortunately less fatal. Both the fiery fatal truck wrecks in Houston and in San Antonio involved 18-wheelers approaching other vehicles from behind at high speed, then crashing. The truck driver in Houston lost control of the vehicle before crashing. The truck driver in San Antonio rear-ended a heavy machine truck without stopping.

Investigators haven't stated a cause for either fiery fatal truck wreck yet. Fatigue presents one possibility. Driver distraction presents another possibility. Even truck driver medical conditions or truck equipment failures might be to blame.

As the Houston and San Antonio fiery truck crash examples reveal, truck wrecks can have enormous and devastating consequences. Those wrecks that don't immediately prove fatal can leave victims with life long injuries. Hundreds of thousands of dollars in property damage from the truck, other vehicles, and cargo, might result.

Because of the high dollar amounts at stake, it's absolutely imperative that victims of these wrecks and their families have experienced truck wreck attorneys conduct in-depth investigations of the accidents to determine the causes. Only through accurate identification of a wreck's causes, diligent gathering of proof, and convincing presentation of the case and its evidence will victims be able to win the financial compensation that could help them pay for the tremendous economic costs of the wreck.

At Denena & Points, we're specialized truck wreck attorneys with more than 12 years of experience conducting accident investigations. We specialize in helping victims and their families to get their lives back on sound financial footing with successful compensation claims. You can call us at your convenience for a free accident consultation.

Parents are the First Line of Defense Against Teen Car Wrecks in Texas

Fri, 14 Oct 2011 08:00:00 EST

Why are teens at a higher risk of fatal crashes? And what can we do to lessen their risk? Ultimately, it's up to the teen to drive responsibly. But, even though teens are highly influenced by their peers, they are also very highly influenced by their parents. In fact, studies have shown that parents are still the most important factor in a teen's decision to drive safely.

As a parent, you are the first and foremost person that teens model. Following are a list of things you may consider to help your teen become a safe, responsible driver.

Set a good example - As a parent, you are always under observation. Your driving habits are no exception. Even though you may tell your teens all the right things, they are still going to look at the example that you set. For example, if you tell your teens not to speed but always drive 5mph over the speed limit, they will not take your advice very seriously. The same goes for cell phones. Even though you may preach about the dangers of using cell phones while driving, teens won't be likely to heed your warnings if they always see you taking calls while behind the wheel.
Consider a teen driving safety agreement - You may consider a driving safety agreement as a way to get your point across. Signing an agreement with your teen will ensure that he is aware of what is and is not acceptable when he is behind the wheel. By following the agreement, he may earn more privileges; by disobeying the agreement, he may lose them.

If your teen has been injured in an accident because of someone else's negligence, you need to contact a Houston car accident lawyer. We will meet with you, for free, to ensure you are aware of your rights after sustaining injuries in an accident.

No Good Deed Goes Unpunished on Houston's Gulf Freeway

Fri, 14 Oct 2011 08:00:00 EST

The wee hours of Thursday saw an exceptionally brave accident witness come to the aid of a driver stranded in the middle of the Gulf Freeway with a wrecked GMC pickup truck. You'll probably agree that the middle of a busy Houston, TX freeway doesn't make the list of places that you want to be in the middle of the night. Or in the middle of the day, or really at any time at all.

Yet this Good Samaritan not only did not simply pass the wreck by and go on the way. This brave soul stopped to help, even going so far as to join the driver of the wrecked pickup truck in the middle of the busy Gulf Freeway.

And what did the Good Samaritan receive as a reward for this good and brave deed? Another vehicle, a black Toyota Avalon, came along and smacked the wrecked GMC pickup truck into the Good Samaritan and the pickup's driver. The driver of the red GMC pickup died at the scene of the wreck from this second crash. The Good Samaritan's life was spared with only minor injuries.

I'd like to believe that Someone shielded this brave person for the good deed. I definitely don't want to discourage others from stopping to help accident victims when they can. But knowing the nature of Houston traffic, I would maybe suggest that Good Samaritans avoid stepping into the middle of busy Houston, TX freeways, especially at night.

I'm saddened that the pickup truck's driver, who survived his own accident after striking a concrete barrier at high speed and then spinning out, received fatal injuries from a second Gulf Freeway accident. But I'm greatly relieved to hear that the brave Good Samaritan will survive to perhaps help others in the future. The Good Samaritan's bravery, selflessness, and willingness to help sets an example we could all stand to learn from.

The Devastating Consequences of Pearland, TX Truck Rollover Accidents

Thu, 13 Oct 2011 08:00:00 EST

Modern trucks in the U.S. come equipped with ESC (electronic stability control) systems designed to help the driver compensate for sudden changes that could lead to an imminent truck rollover accident. But 18-wheelers are enormous, weighty vehicles. They can legally carry a cargo of 40 tons. Some of them carry more, whether it's legal or not.

Once a behemoth of that size and weight starts to leave the road, slip, over steer, or roll, an ESC system usually doesn't stand a snowball's chance of preventing that imminent truck rollover accident. For instance, a recent cattle truck wreck went through this sequence of events:

The cattle truck left the road.

The cattle truck slipped off the shoulder of the highway and started to slide down an embankment.

The truck overturned and crashed at the bottom of the embankment.

Surviving cattle with the capacity to do so fled the scene in terror.

Rescue workers transported the injured truck driver to a regional hospital.

A team of public safety officers and volunteers rounded up the escaped cattle.

Basically, once that cattle truck exited the highway shoulder and started to slide down the embankment, not even the very best ESC system in existence could have counteracted that momentum and prevented that truck rollover accident. The cattle truck rollover accident killed 9 cattle and injured several more.

The rollover accident sent the truck's driver to the hospital with injuries "not believed to be life threatening." In hospitalspeak, that means that that truck rollover wreck injured him quite severely. Truck rollover accidents frequently prove fatal to drivers, passengers, and occupants of surrounding vehicles. When 40 tons or even a fraction of that tonnage lands on a living being, catastrophic injuries tend to result.

Most truck rollover accidents start with the truck leaving the road or its intended course in some way. But what news accounts of wrecks like this cattle truck rollover accident generally fail to mention is WHY the truck started to leave the road in the first place. Truck driver fatigue remains a common cause.

If you've been injured in a truck accident, you need to trace down the causes of the wreck, and all sources of fault in the matter. You should consult with an experienced Pearland truck accident attorney. He could help you check government sources, such as the FMSCA, for data regarding the trucker's safety record and any previous safety violations by the trucking company. He could find the truck driver's medical records and tests relating to his commercial license to know if sleep apnea or other medical causes played a role in your truck accident.

Your attorney's expertise and diligent investigation could pinpoint the causes of the wreck with precision, locate and secure the evidence you need to prove your injury claim, lay down the legal strategies to prove the fault of those who caused the truck wreck, and present your case in a clear and convincing manner to win over the jury to your side.

Don't let your valid injury claim be shot down by the fierce opposition you'll face in a trucking accident case. Get the experienced legal help you need. Call us today for a free legal consultation, and we'll evaluate your case and possibilities for a successful financial recovery from your injuries.

Road Rage and Rushed Drivers and the Danger of High Speed Collisions

Wed, 12 Oct 2011 08:00:00 EST

Road rage. Rushing drivers. You them all around you on the roads in Pearland, TX and throughout the Houston region. News reports chronicle daily accidents because of these raging and rushing drivers. It makes you wonder sometimes if there's anyone out on the roads who's NOT in a hurry, and who's NOT angry at surrounding traffic.

Up in Montgomery County, the Police Reporter gave a good account regarding a recklessly speeding truck driver. The 18-wheeler driver, poorly representing the Ben E. Keith company that had its name on the truck, sped through a school zone, relentlessly forced a number of other drivers out of his way and onto the shoulders of the road, passed vehicles at high speed on curves, and dangerously rode the bumper of at least one smaller vehicle.

Trucks are notorious for overturning when taking curves at high speed. Truck collisions with smaller vehicles often result in ugly underride incidents.

From the Police Reporter's account, it seems a matter of pure luck that no one was injured or killed by this 18-wheeler driver's behavior. The driver certainly showed a reckless disregard for others' safety, if not downright malice. His behavior certainly reflected poorly on the employer.

On the whole, Ben E. Keith strikes me as a better than average company of which I've always had a good impression. But if this particularly truck driver stands as representative of the company and its practices, that good impression could fade quickly in a lot of minds, particularly if an accident results. And the vicarious liability from 18-wheeler wrecks caused by this rampaging truck driver could be costly to the employer.

Safety Concerns Regarding Car Seats and Strollers for our Houston Kids

Tue, 11 Oct 2011 08:00:00 EST

Today's news headlines brought us yet another warning about safety issues in our children's transportation seats. This recall affected the popular and somewhat ubiquitous B.O.B. jogging strollers. A poorly attached logo could detach. After the logos detach, young children have a tendency to reach for them and put them in their mouths. Several instances of gagging and choking in young children resulted from the defect.

This particular recall was just the latest one in a long line of recalls affecting children's car seats, booster seats, strollers, cribs, toys and other equipment. Many of the recalled items intended to enhance children's safety. But children's car seats and strollers actually represent fairly complex items. And designers and manufacturers don't always get every aspect of the products correct. They should. Children's lives often depend upon their accuracy.

Even where these children's products are fit for their intended purposes, over time, various parts of them where out or weaken. For instance, I just came across a news item reminding parents that children's car seats have an expiration date. These car seats have various internal and external parts that wear down with time and usage.

The internal frame of the car seat, which you may never see, may crack or become brittle. External safety straps might start to ravel, tear, or just become looser. And a worn-out car seat that can suddenly break or give way offers your child little protection from injuries and accidents.

So always check your child's safety equipment regarding recall notices and expiration dates. The world can be a frightening and dangerous place to our little ones. You want to give them all the best protection that you can.

Living with the Consequences of Catastrophic Injuries in Sugar Land, TX

Mon, 10 Oct 2011 08:00:00 EST

The National Limb Loss Information Center tells us that nearly two million Americans live with the consequences of lost limbs in this country. Vascular diseases cause the most limb amputations. But catastrophic accidents provide the second largest cause of lost limbs from amputation. A limb lost to amputation receives catastrophic injury classification in your accident compensation claim.

After some horrific highway crashes where the accident impact has crushed limbs, amputation might become necessary in order to save the accident victim's life. But an amputation might drastically alter the quality of life for the victim in the aftermath of a catastrophic Sugar Land, TX accident. Learning to perform the daily activities of life without the lost limbs, even with prosthetic devices to help, presents difficult physical and emotional challenges.

In addition to the physical and emotional costs of the catastrophic injury, an accident victim requiring amputations will face enormous financial costs over the years. These monetary burdens from the Sugar Land, TX accident might include:

Costs of the lengthy hospital stay following the accident, along with all of the medical costs associated with life saving procedures.
Costs of a lengthy and intense physical rehabilitation process following release from the hospital, plus ongoing therapies that may be lifelong.
Costs of prosthetic artificial limbs. A single prosthetic device might cost many thousands of dollars, and these artificial limbs generally require replacement every few years.
Costs of modifying the victim's home to make it more functional and accessible after limb loss to the catastrophic accident.
Costs in lost wages after the accident and reduced earnings prospects when the victim can no longer work in the same field as before the accident. Even where the accident victim continues to work in the same field, he or she might have to reduce the number of hours worked. Career changes might require additional education and vocation training.

Sports and leisure activities that the victim enjoyed before the Sugar Land, TX accident might no longer be possible. The victim must adjust psychologically to the transition from a "whole" body to a "handicapped" one. All of these changes and costs can be severely debilitating.

As Sugar Land amputation injury lawyers, we've seen firsthand the toll that the crushing combination of such major life changes with such high financial costs can take on accident victims suffering amputations. So often, the accident victims and their families shoulder the heavy costs of the injuries that were actually caused by the negligence of others.

These accident victims shouldn't have to shoulder the burdensome financial costs caused by others. Our special skill as Sugar Land amputation injury lawyers involves helping accident victims and their families to shift those financial burdens back to where they belong: onto the shoulders of the negligent individuals who caused the catastrophic accidents.

What Can You Do After Losing Someone to a Fatal Texas Truck Rollover?

Sun, 09 Oct 2011 08:00:00 EST

Texas truck rollover accidents can be deadly. Truck drivers and their passengers fear such Texas truck rollover accidents and the injuries from them with good reason. Sometimes victims get ejected from the vehicles and pinned underneath. Sometimes the victims of Texas truck rollover accidents become pinned within the vehicles underneath the substantial weight of the truck and its cargo.

When you've lost someone to a fatal Texas truck rollover accident, you may also have lost your family's primary breadwinner. Your best friend and the source of your family's support and comfort are suddenly gone, leaving your life empty and your future uncertain.

Your first step should be to consult with a knowledgeable and experienced Texas truck rollover accident attorney. Texas truck rollover accidents might result from any one of several causes. Accurately determining that cause can mean the difference between a financially secure future for your family, and a future without the economic resources you need.

Insurance companies look out for their profits rather than for your future. That's why you need your own dedicated advocate to look into the Texas truck rollover accident for you. Your Texas truck rollover accident attorney could investigate the circumstances of the wreck to determine the possible causes.

Tire defect and blowout.
Defects in the truck's steering or braking mechanisms.
An attempt to avoid obstacles or erratic drivers.
Fatigue because of an unrealistic delivery schedule set by the trucking company.
Poor truck maintenance by the trucking company.
Poor road conditions.
Improperly loaded and secured cargo.
Other possible causes.

Don't hesitate to call us at Denena and Points if you need a free consultation and case evaluation. We've been investigating Texas truck rollover accidents for more than a decade. We've helped many families bereaved by such accidents to achieve a secure financial future from accident compensation when things looked bleak and hopeless. We could help you too.

Tracing Liability & Assets After a Devastating Houston Truck Collision

Sat, 08 Oct 2011 08:00:00 EST

After a terrible Houston truck collision, you may think that obtaining compensation for the horrific injuries and losses sustained in the wreck would be straightforward. After all, there's the truck driver. And there's the massive truck and its trailer. The trailer probably has a corporate name on the side.

A closer look might find that the truck and the trailer actually have different names on their sides. Their registrations trace back to different companies. The truck driver serves as an employee of yet another company. A different company altogether owns the cargo inside the truck. And a "third party" freight brokerage brought the truck and its cargo together.

So whom do you sue for your injuries? (Hint: name them all in your initial filing.) But before you file anything, do your research. Somewhere beyond all of these entities may stand other holding companies and parent companies that actually hold the assets of the lesser entities and control their operations.

Houston truck collisions can lead to catastrophic injuries and multiple fatalities. Trucking companies know this. They know the risks of sending their trucks out onto the roads with tight delivery schedules pressuring tired and overworked drivers. Statistics teach them to expect a certain number of really costly, horrific crashes with other vehicles and pedestrians. But that doesn't mean that they actually want to pay you for the costs of the injuries their negligence has caused.

On the contrary, trucking companies take great care to create corporate veils and obfuscations to shield themselves from liability and the loss of their profits to crash victims. Only the diligent labor of an experienced and savvy Houston truck wreck attorney could help you pierce that corporate veil and uncover ultimate liability and sufficient assets you pay your high dollar truck accident claim.

Feel free to call us at Denena & Points for a free consultation to discuss your truck collision claim. We're Houston truck wreck attorneys with more than 12 years of experience holding trucking companies accountable for their negligence. And we'd be happy to discuss the requirements for making a compensation claim for your injuries. We could clarify your legal options for a successful financial recovery after a Houston truck collision.

Texas City Boy Hit by SUV on Way to School-Then Given Ticket by Police

Fri, 07 Oct 2011 08:00:00 EST

Talk about adding insult to injury! One moment you're walking to school with two friends. The next moment you're knocked off your feet from behind by an SUV driven by an 18-year-old with an expired license. Then shortly after that, the police give you a ticket for walking on the wrong side of the street. The 18-year-old SUV driver receives a citation for driving with an expired license.

11-year-old Noah Popovich missed a week of school because of injuries suffered in the accident. His mother, Ashley Falks, intends to fight Noah Popovich's ticket. In a news account of the pedestrian - vehicle accident, Ms. Falks seemed understandably outraged about the outcome for her son.

As Texas City pedestrian accident lawyers, we at Denena and Points are aware that Texas law requires pedestrians on stretches of road without sidewalks to walk facing oncoming traffic. Statistics, however, indicate that walking against traffic increases young pedestrians' chances of being struck by a vehicle.

Noah and his friends had reached a stretch of road bordered by tall grass and no sidewalk when the SUV struck him. Realistically, should the students take the risk of crossing busy streets to change sides every time a stretch of sidewalk ends? Do 11-year-olds even know about this provision of the Texas Transportation Code? Does anyone tell them these things? Did you know about this provision of the Texas Transportation Code?

I fully support the position that "ignorance of the law is no excuse." But I do think we should take extra steps to educate people, especially our children, about traffic and pedestrian laws and the accident dangers for everyone in violating them. In this instance, young Noah Popovich received injuries that caused him to miss a week of school. But so many pedestrian - vehicle accidents prove tragically fatal.

Noah and his mother could still seek financial compensation for his injuries because of the accident. Even a minor pedestrian - vehicle accident might result in some serious expenses. Noah and his mom face the financial burden of his medical bills from the SUV accident, her time missed from work to take care of his injuries and his traffic ticket, and the expense of the ticket itself. Recovering fair financial compensation for the injury accident could help soothe some of the pain of this traumatic accident and its unusual outcome.

At Denena and Points, we're Board Certified Texas City pedestrian accident lawyers with more than 12 years of experience guiding clients to successful outcomes for their valid accident injury claims. We could help Ms. Falks understand her array of legal options regarding a civil claim for injury compensation for Noah. We could help explain the effects of the citations given to Noah and the SUV driver on possible outcomes of the case.

As knowledgeable Texas City pedestrian accident lawyers, we well know how to overcome the obstacle presented by an injured victim's traffic violation. An initial legal consultation is free. Our goal is to help win justice for injured victims. I think Ms. Falks and Noah Popovich need to see some justice done in this unusual pedestrian - vehicle accident case.

Some Thorny Issues in Clear Lake, TX Pedestrian-Car Accident Lawsuit

Thu, 06 Oct 2011 08:00:00 EST

Accident cases involving pedestrians struck by cars revolve around complicated issues that don't usually come into play in vehicle accident cases involving two cars striking each other. For instance, your case might involve any or all of the following issues.

Right of way. If you were jay walking, outside of a crosswalk, or crossing against a traffic signal, you could meet fierce opposition to your claim. The law generally gives pedestrians the benefit of right of way. But this benefit evaporates once the pedestrian chooses to jay walk or disregard traffic signals.
Last clear chance. In accident cases, much contention might revolve around the question of which party had the "last clear chance" to avoid the accident. If that party failed to use that chance, then they might be found more fully at fault for causing the accident.
Comparative fault. Texas law allows juries to decide the shares of fault of each party to an accident. You can only obtain compensation for your injuries if the jury decides you were less than 50% at fault for causing the accident.
Driver behavior. The driver's speed, driver fatigue, driver distraction, driver intoxication, and driver disregard for traffic laws can all have strong influence on the outcome of your case. If you were struck because the driver ran a red light, even if you were jaywalking, that could shift the weight of comparative fault clearly back onto the defendant.

The counsel of an experienced Clear Lake, TX accident attorney could prove invaluable to your efforts to claim fair financial compensation from the negligent driver who hit you with a car. At Denena & Points, we're Clear Lake, TX accident attorneys with more than 12 years of practical experience tackling such cases and their issues.

We know how to locate witnesses and take their statements so that they will have beneficial value to your case. We have finely honed abilities in the key area of accurately valuating your damages from the accident. We aggressively negotiate with defendants and insurance companies responsible for paying your compensation. We know how to successfully apply the Texas dram shop laws to your claim if a drunk driver hit you. Call us for a free consultation/case evaluation. The call is free. Good legal advice could be priceless.

Negligent Hiring & Houston Metro Liability in the Dump Truck Derailment

Wed, 05 Oct 2011 08:00:00 EST

Yesterday's morning commute saw our Houston light rail shut down through the lunch hour. The shut down resulted from a derailment wreck caused by a reckless and negligent dump truck driver hauling sand for the East End light rail construction project. This driver, Paniagua Priscilano Espino, ran a red light and got hit by an oncoming Metro train. Espino said to police that he ran the light because he couldn't tell what color it was due to the sun's reflection

Now, when you're about to cross some frequently-used train tracks, and you can't see the color of the light because the sun is in your eyes, do you:

A. Assume the light is whatever color you want it to be, and continue on full speed through the light, hoping for the best? OR
B. Stop, shield your eyes until you can determine the color of the light, then go on if it's green, or stop if it's red?

Espino stated to police that he didn't see the light was red due to the sun's reflection on it. Even if you can't see that the light is red, does the sun's reflection make that light look green? I think not.

I live in Texas too, and my morning and evening commutes often take me into the sun's path. And I'm not willing to risk my life and health on the chance that a train won't be coming as I cross the tracks possibly against a light whose color I can't see.

Espino probably knew better than most of us the probability that a train would pass over those tracks as he ran the light. He was actually working on a project related to the nearby light rail station. There's really no excuse for the reckless chance he took that ended up injuring so many people. Thank goodness no one was killed by his stupid decision to run the light and take his chances. It's one thing to take chances with your own life. But taking chances with others' lives shows a reckless disregard for safety that can't be condoned.

Metro spokesman Jerome Gray took pains in news statements to distance Houston Rapid Transit from the dump truck collision. He stated that a firm working for a subcontractor had hired Espino. But that may not be enough to save Houston Rapid Transit from liability in this wreck.

Courts have held that employers retain responsibility when they know that their activities could result in danger to others. That danger might result through direct employees or through subcontractors or those hired by them. The ultimate employer can be held liable for negligent hiring practices where it engages the services of contractors or subcontractors that don't sufficiently screen or train their employees. The ultimate employer has a duty to ensure the safety of others who might be affected by their activities.

Injured victims of accidents caused because of the employer's activities can use the FMCSA website to look up records of a truck driver's safety violations, or any violations related to the subcontractor, contractor or ultimate employer.

We Need to Hold Galveston, Texas DWI Offenders Fully Accountable

Mon, 03 Oct 2011 08:00:00 EST

It often seems to me as I read the news that media reporting has the goal of wanting to make you tear your hair out in frustration. For instance, I was just reading about a terrible pedestrian/car accident at the Galveston sea wall where a repeat DWI offender mowed down two victims. One of them, a woman from Arkansas unnamed in the report, died at the scene. The other victim, an unnamed Texas man, remained in critical condition from his injuries at the time of the report.

What got my attention particularly was the note that Felix Garza, the driver who mowed down the two pedestrians, received a charge of "driving while intoxicated for the third time or more." The "or more" wasn't specified. Since "third time or more" is the technical threshold for moving a DWI felony up from a 3rd to a 2nd degree felony, the "or more" could be many, many more DWI instances.

But there he was, again, driving while intoxicated on our streets. And this time he killed at least one person. Two people who happened to be in the wrong place at the wrong time paid with their lives and well being for Felix Garza's crimes and inability to control himself.

The news report indicates that police presented Felix Garza with the most serious DWI charges available under the circumstances. But the penalties for felony DWI charges, even serious ones, aren't particularly heavy. If you're a friend or relative of the two victims that Felix Garza so callously mowed down on the Galveston sea wall, you probably won't draw much comfort from those charges, even if Felix Garza is convicted.

You might be able to pursue a dram shop action against a bar that served Felix Garza. Or you might pursue a wrongful death and survival action against him. The surviving victim could pursue a personal injury action against Felix Garza.

The civil legal remedies available to victims and their families might provide but small comfort after such a horrific DWI accident. But given the prevalence of devastating DWI accidents in our region (many by repeat offenders) and the terrible toll they take in lives, I believe we should make the effort to hold these callous drunk drivers accountable any way we legally can.

Katy, TX Motorcycle Crash Lawyer on Horrific, Fatal Motorcycle Crashes

Sun, 02 Oct 2011 08:00:00 EST

When you see a motorcycle accident written up in the news, you might feel stunned by the severity of that accident and the horrific or fatal injuries suffered by the motorcyclist. But as a Katy, TX motorcycle crash lawyer who's been representing injured bikers and the family members of fatally injured bikers for over 12 years, I have to mention that what you see in the news doesn't even begin to give you the full picture.

The injuries bikers experience when larger vehicles run over, roll over, land on, and strike them can be horrifying to see or contemplate. Just the last few days have seen news reports of several horrific, fatal motorcycle crashes in Texas. I'm going to mention three of them here.

The Lubbock area lost Judge Rusty Ladd when a Jeep SUV driven by a teen failed to yield and collided with the Judge's bike. The Judge was wearing a helmet at the time of the tragic collision. But a helmet isn't always enough to save a motorcyclist from the effects of crash impacts.

The Rockport area saw Ingleside resident Samuel Loy Tramell rear-ended on his motorcycle by a Rockport salesman, possibly DWI, driving faster than he was. The impact hurled Mr. Tramell to the pavement. Mr. Tramell was not wearing a helmet, and was pronounced dead at the scene of the unfortunate crash.

Waelder, TX witnessed what was likely the most catastrophic motorcycle crash of this trio. Eusebio Yanez Mendoza, aka Samuel Hernandez, was identified as the hit-and-run driver who ran over motorcyclist Steven David Lehman. Eusebio Mendoza, accompanied by passenger Rodolfo Medina, collided with Mr. Lehman's motorcycle in his pickup truck. The bike came to rest on top of Mr. Lehman. The pickup truck came to rest on top of the bike.

According to a witness, Eusebio Mendoza and Rodolfo Medina then got out of the truck to observe the scene and their victim. They started to flee on foot. Then they apparently changed their minds. They got back in the pickup truck, backed and ran over Mr. Lehman one more time, and fled. At last report, police were still searching for the hit-and-run driver and his passenger. Mr. Lehman suffered not just fatal injury, but great indignity, at these men's bloody hands.

During years of practice as a Katy, TX motorcycle crash lawyer, I've seen some callous drivers behind fatal bike accidents. But Eusebio Yanez Mendoza and Rodolfo Medina stand out. Apparently they were on their way to work at Waelder's Texas Egg Products when they took Mr. Lehman's life. At the last report I read, they were both on the lam. I fervently hope they're caught and prosecuted to the full extent that the law allows. Do you really want men with their callous disregard for life freely roaming our Texas roads?

Should Truckers with Sleep Apnea be Driving our Pearland, TX Roads?

Sat, 01 Oct 2011 08:00:00 EST

Should Truckers with Sleep Apnea be Prevented from Driving our Pearland, TX Roads?

One of the big controversies right now regarding the trucking industry is the problem of sleep apnea and its role in causing truck accidents. (Another big controversy involves the flood of Mexican trucks that will be driving freely over our borders under NAFTA. But that's a topic for another day and another blog.)

The sleep apnea controversy revolves around several questions.

Does sleep apnea put truckers at a greater risk for truck wrecks?
Should people with sleep apnea be allowed to drive trucks?
What can we do to keep truckers with sleep apnea from causing truck wrecks?

1) The answer to the first question remains inconclusive. One group contends that truckers with sleep apnea have a risk of truck accidents that's 7 times greater than that of those without sleep apnea. But the official government study indicates that only those with a severe sleep apnea disorder are at risk and only in relation to severe accidents.

2) Many say no. One woman who lost her husband to injuries from a truck accident where the trucker likely fell asleep at the wheel has started a foundation to raise awareness regarding the sleep apnea problem.

3) The government has already made regulations to limit truckers' consecutive driving hours. The regulations require regular rest breaks and keeping of a logbook regarding hours and miles traveled. Further regulations, which restrict truckers even further, are under consideration. A decision by the FMCSA is expected later this month.

But let's not forget that truckers' aren't the only people with sleep apnea problems. Much of the general population possesses this disorder too. And there are 3 distinct types of sleep apnea disorder. OSA (Obstructive Sleep Apnea) is the type that provides a focal point for the controversy. And sleep apnea is by no means the only cause of driver fatigue. And medications like sleep aids that people use to combat sleep-related disorders can cause as many problems as the disorders themselves.

Clearly, there's no simple solution to the issue of the sleep apnea affected truckers who drive our Pearland, TX roads. But how often do you really find a simple solution to any complex problem?

Can a Cell Phone Ban Strain a Texas Trucker's Mental Health?

Fri, 30 Sep 2011 08:00:00 EST

One hot topic of discussion these days is cell phone use while driving. There have been many laws proposed and passed in an effort to combat the issue and prevent Houston truck accidents. Recently, the Federal Motor Carrier Safety Administration (FMCSA) proposed a ban to prohibit the use of cellular phones by all commercial drivers while operating a commercial vehicle.

This topic seems to get people on both sides heated up. On one side, supporters believe it's important to keep people safe and free from possible injury. This would include prohibiting the use of mobile phones. On the truck driver's side, however, this proposed law could greatly affect the trucker's psychological health. Truck drivers spend a great deal of time out on the road with no one around to talk to or interact with. They rely on cell phones to talk to loved ones back home while they are away. If the drivers were forced to withhold their phone calls, it could make any long distance drive very difficult.

It's very important for a driver to keep their concentration on the road and to pay attention to possible changes of the road conditions. However, prohibiting a driver from making a phone call to a sick child or other important matter back home could possibly take away a large portion of their much-needed concentration. This could put other drivers at risk of a serious accident.

Several people have voiced their opinions on this matter - both for commercial drivers and other motorists. There have been several studies that indicate the dangers of using cell phones while driving, including comparing it to the effect of being under the influence. Only time will tell how far the issue will be taken and enforced.

Being injured by a careless driver who was too busy texting to drive can be very painful and frustrating. Contact a Houston truck accident attorney today to see how you can get the help you need during this trying time.

More Houston Area Children's Lives Lost to Tragic Traffic Accidents

Fri, 30 Sep 2011 08:00:00 EST

You may have noticed a large number of recent news accounts of Houston area children, teens, and young people whose lives were tragically claimed or forever changed by devastating traffic accidents. A recently issued report places Houston at the number 4 spot in the nation for traffic congestion, so I guess we can expect higher incidences of traffic accidents and delays. But it seems that our traffic problems take a terrible and disproportionate toll on our young people.

Yesterday, for instance, news outlets reported the loss of three Porter High School teens in a devastating wreck on a narrow, winding road. 3 families mourn the loss of children taken untimely from their loved ones. The brother of one of the victims survived the car accident. His life will be forever changed by the memory of the wreck that claimed his brother's life. And an entire school will have a tragic memory of lost friends marking their high school years.

And in Houston itself, an uncle accidentally ran over and killed his young niece, Fernanda Rodriguez, while backing his Ford pickup truck out of a driveway. He could not see her behind the truck and didn't even know that she had toddled out of the house behind him. Unfortunately, a surprisingly large number of children suffer injuries or lose their lives because the large blind spots behind pickup trucks as they back out prevent drivers from knowing that the children are nearby. And it's usually a friend or relative who accidentally backs over a child in the driveway. But it probably won't comfort the aunt and uncle and other family of young Fernanda, taken far too early from this Earth, that such accidents are a common problem. They'll have lives forever scarred because of the loss of their young and innocent Fernanda to this blind spot issue.

The emotional consequences of these accidents that claim our youth cannot easily be calculated. And they have physical and financial consequences that people don't necessarily think about when they read the news reports. And families who've lost their young loved ones often find it difficult to obtain the compensation that could help them move forward with their lives again after their catastrophic accidents.

At our Houston accident law firm, we take families through the difficult process of finding compensation and closure after their tragedies. We see the full emotional toll that these tragic accidents take on the surviving family members. It's a high toll, and difficult to see.

But our goal is to help these grieving family members in any way that we legally can to recover from their losses and regroup. No amount of financial restitution can ever compensate you for the loss of a valued family member. But it can help make you financially whole again, so that you can begin to regroup and move forward with life after the devastating accident and its aftermath.

Texas Chain-Reaction Vehicle Crashes Taking High Toll on Texas Youths

Thu, 29 Sep 2011 08:00:00 EST

Recent Texas Chain-Reaction Vehicle Crashes Seem to be Taking a Disproportionately High Toll on the Young People of Texas

Just a couple of days ago, a school bus ran into the back of a pickup truck stopped at a red light. Then a few more vehicles ran into the stopped school bus and each other. 13 people, including 10 students from the school bus, ended up in the hospital with injuries from this Texas chain-reaction wreck.

A few days before that, in another Texas chain-reaction wreck, one young man was killed and another critically injured when the pickup truck they were in rolled over several times on I-10 after a failed attempt to take an off ramp. Then a drunk driver smashed head-on into a police car parked at the scene to investigate the accident. Then a sober driver ran into the drunk driver's wayward vehicle.

Texas A&M just released its 2011 Urban Mobility Report. Report data showed that Texas hosts several of the most traffic-congested cities in the nation. The traffic congestion, combined with factors like
* Aggressive driving,
* Street racing, and
* Drunk driving
Ensure a hazardous trip for anyone on or even near our roadways.

I've been noticing more accidents lately that lead to multi-vehicle chain-reaction wrecks. I've also been noticing more vehicle accidents of all types, including fatal hit-and-run incidents, taking their toll on our children and young people.

Texas traffic is becoming increasingly difficult to safely navigate when stone cold sober. The high incidence of accident reports involving drunk drivers indicates that Texas traffic conditions certainly present too great of a challenge for the impaired driver.

Back in the day, the prominent Texas trends consisted of big hair and big spending. Now the trends involve street racing and drunk driving. Maybe we could make a commitment to a positive Texas image and positive trends. And give our young people a better chance to grow up and grow old safely.

Dangerous Domino Effect from a West Texas Street Racing Rollover Wreck

Wed, 28 Sep 2011 08:00:00 EST

The hazards created by street racing and drunk driving pose two huge problems for Texas drivers. These problems have grown so big that now the wrecks they cause sometimes overlap to cause cascading accident situations. A very bad sign.

One fatal West Texas rollover wreck that resulted from street racing led to two additional wrecks. These wrecks occurred while the accident scene underwent investigation. A drunk driver ignored the road closures and plowed head-on into a parked police car. That same driver also hit a vehicle trying to merge onto the frontage road away from the rollover accident scene.

Let's look at just some of the costs from this cascading West Texas accident scene.

One fatality, the driver of a dark green truck that was racing a car.
One critically injured young man, the passenger in the dark green truck.
The costs of the first responders who worked the accident.
The costs of additional investigation and report requirements on the accident.
The emotional cost to the mother who recognized the wrecked dark green truck. She had been looking for her son, and recognized the truck as the one in which he had ridden off with the other two young men. (He was not found at the rollover accident scene. Police think he parted company with the other two men before the accident.)
The repair or replacement cost for the police car wrecked by the drunk driver.
A wrecked dark green truck and damaged vehicles from subsequent related accidents.
The costs in lost time to everyone delayed by the closure of a section of I-10 because of the accidents.
The costs for rescue workers who responded to the additional wrecks following the rollover. They treated at the scene the drunk driver and the other driver injured by the wreck.

Texas A&M's Transportation Institute just released a study on traffic congestion and the costs in lost time and productivity from traffic tie-ups throughout the nation. Four Texas cities ranked in the top 10 for the worst traffic problems. Houston, Dallas, Corpus Christi and McAllen. There are some top rankings that Texas could do without. They all seem to relate to our driving conditions. We also hold the top spots for drunk driving fatalities and for illegal street racing.

As Texans, we love it when our sports teams, like the Dallas Mavericks, bring us national attention. But we could do without the national attention on our extremely costly traffic problems. So many of these costs and problems are completely avoidable. Just taking away the hazards posed by street racing and drunk driving would save enormous amounts of money. Imagine the positive things that Texas could do with those funds.

Do the Child Safety Car Seat Laws Do Any Good?

Tue, 27 Sep 2011 08:00:00 EST

Troopers from our Texas Department of Public Safety claim that most of us install our children's car seats incorrectly in our cars. The government offers periodic car seat safety checks by certified Child Passenger Safety Technicians to help you ensure that you've done all you can to keep your child safe inside your vehicle.

But sometimes when your child suffers injury or dies from a Galveston car accident, and your child was in his or her car seat at the time, you're NOT at fault in the matter. An unfortunate number of car seats come equipped with hidden manufacturing or design defects. These car seats, designed to enhance children's safety in cars in the event of collisions, might actually contribute to child injury instead. You can find a long list of recall notices on the NHTSA website.

But not all recall notices manage to reach those affected by the defects' dangers before those dangers actually take a toll on a child's life or health. You may be struggling with a child severely injured in a Galveston car collision. Your child was safely ensconced in a car seat at the time of the wreck, and the car seat seemed safely and securely installed into the car. You're wondering what went wrong as you try to cope with an injured child and the many expenses that a Galveston car accident injury brings in its wake. You know you're not at fault, but you don't know what to do or how you can prove who was at fault.

When you're struggling after a Galveston car accident injury and you aren't sure of all your options, you can give us a call for a free legal consultation. We'll help you examine the circumstances of your car collision to discover who may carry the blame for the car seat failure that harmed your child. We're dedicated Galveston car accident attorneys with a long track record of successfully helping injured clients to recover fair financial compensation from those who were actually at fault for their injuries. We could help you too.

Inadequate Inspection and the Denver Oriental Theater Ceiling Collapse

Mon, 26 Sep 2011 08:00:00 EST

Accounts of the spectacular, bur fortunately fairly harmless, theater ceiling collapse indicate that the stage ceiling cave in did not affect the adjacent audience area ceiling. Reports also state that heavy stage lighting equipment remained secured above while the plaster and drywall ceiling collapsed in a dusty heap of debris. And there was no effect on the corresponding roof area. This would indicate that the bones of the Denver Oriental Theater structure are themselves structurally sound, and that the damage remained confined to the stage ceiling only (and perhaps the area of stage it collapsed upon).

Reports indicate that 3 inches of stucco plaster and some drywall composed the collapsed ceiling. The ceiling of the historic theater may have been of venerable age. Anyone familiar with stucco plaster knows that varying humidity, heat, dryness, and weather conditions generally can take their toll on stucco plaster. The plaster can warp, buckle, crack, flake, peel or powder. 3 inches of un-reinforced stucco plaster hanging over your head isn't the most secure ceiling even when new.

A witness account states that just as Doug Kershaw exited the stage, the witness saw crumbling bits of stucco plaster falling from the ceiling. The witness described the falling powder as an "awesome" confetti effect that initially appeared to be part of the show.

Chances are that the ceiling would have already exhibited some signs of impending collapse had it received a close inspection on the Tuesday prior to the cave in. The news account of the theater ceiling collapse stated that the theater had been inspected on that Tuesday because a prospective buyer was finalizing purchase of the theater. Scott LaBarbera, a former owner of the Denver Oriental Theater, was finalizing re-purchase of the venue. The account says that the Denver Oriental ceiling passed inspection. So we wonder if that inspection was all it could have been. We wonder if the ceiling received more than a cursory inspection.

A day after the Denver Oriental Theater ceiling collapse, a fire inspector said that the stage ceiling should be torn out, replaced, and reinforced. We concur with the recommendations to reinforce the ceiling, especially if the ceiling will be another three inches of stucco plaster over drywall.

Everyone can breathe a dust-free sigh of relief that the theater ceiling collapse waited until people had moved beyond harm's way. Had the theater ceiling collapse occurred even a couple of minutes earlier, the injuries and liability consequences could have been enormous. Fortunately, that crumbling Denver Oriental Theater ceiling hung on until the band and theater patrons had exited the area. This limited the costs of the cave in to ceiling replacement and a few cancelled performances. News accounts did not specify whether Mr. LaBarbera's theater purchase decision had been cancelled as well.

Austin, 6th Street, Alcohol, and Texas DUI Fatalities

Sun, 25 Sep 2011 08:00:00 EST

Austin's 6th Street Forms the Heart of the City's Entertainment District, and Possibly the Heart of Its DUI District as Well

News accounts recently reported a fatal DUI accident that killed the passenger of a thoroughly intoxicated driver. The passenger, Christopher Johnson Peart, was thrown from the car and fatally injured when the driver plowed into a delivery truck. The driver, Erica Lynn Nash-Wood, admitted to police that she was so wasted that she had no idea where on 6th Street she'd been drinking.

TABC has joined the Austin Police Department in the effort to track down the venue where Erica Nash-Wood became so dangerously drunk that she later sacrificed her passenger to intoxication. Perhaps her passenger was a friend; the report does not say. TABC has some work ahead. 6th Street is home to a seemingly endless string of bars, clubs, music venues, and other entertainment destinations.

If TABC can find the venue that violated Texas Dram Shop Laws by serving an already drunk Erica Nash-Wood additional alcohol, then let her drive away, TABC can begin enforcement actions against that venue. It could suspend or revoke the venue's liquor license or impose hefty fines.

But TABC enforcement actions do little to directly help the victims of a fatal DUI accident. For that, you need the help of a skilled Texas DUI liability lawyer. At Denena and Points, we're dedicated DUI liability lawyers who have made it a professional mission to help the suffering victims and grieving family members left in the wake of Texas DUI accidents. For more than 12 years, we've been helping injured victims harmed by Texas DUI accidents to obtain justice.

We could help you hold the DUI defendant financially accountable for the grievous harm that so changed your life. We could help you hold the venue that served the DUI defendant excessive amounts of alcohol financially accountable for negligence through a strong civil court claim.

We're experienced negotiators and specialized personal injury trial attorneys. Our case results show a level of commitment to successful client outcomes that you wouldn't find elsewhere. So, if you need help after being harmed by a DUI accident, call us. We'd be glad to help you any way we legally could.

Sorting Through the Aftermath of a Houston Truck Crash

Sat, 24 Sep 2011 08:00:00 EST

Texas tractor trailer wrecks are much different than car crashes. There are many different people and entities who can be found to be fully or partially at-fault for the accident, including the driver, maintenance company, loading company, equipment manufacturer, trucking company, government agencies, and even other drivers on the road.

If you are faced with the devastation of one of these wrecks, you need to seek legal counsel. You can bet that the driver, trucking company, and everyone else who is at-fault will have attorneys fighting for them. Their attorneys and insurance company representatives may even seem very nice and may offer you a sizeable settlement for you injuries. But whatever you do, DO NOT ACCEPT ANY SETTLEMENTS WITHOUT SPEAKING TO A HOUSTON TRUCK WRECK LAWYER FIRST!

The trucker's insurance company may offer you a settlement so that you don't sue - and you can be sure that whatever they offer you is only a fraction of what you actually deserve. But without understanding the full extent of your injuries, how are you to know what you deserve?

The only way of truly knowing is to contact Denena & Points and schedule a free consultation. Our Houston accident lawyers are experienced in dealing with Texas truck accident claims. We can help you figure out where to turn for medical treatment, as well as how to determine how much you will need to cover your lost income, medical expenses, and pain and suffering.

To learn more about the different entities that may be held liable for your injuries, read "Who Can Be Held Liable for Your Houston Semi-Truck Crash Injuries?"

Houston, Texas has a Drunk Driving Problem; It's a Problem that Kills

Sat, 24 Sep 2011 08:00:00 EST

Chavon Latowya Frank Kills Two Young People in Fatal Hit-and-Run in Southwest Houston, Texas on Wednesday, September 21, 2011.

As Texans, we stand proudly when we hear that "everything is bigger in Texas." That saying reminds us of the days when Texas was widely known throughout the United States and the world for its big hair, big oil, big fortunes, big cars, and big successes of all kinds. The TV show Dallas epitomized the concept of a Texas where everything was bigger, even the problems.

Well, big hair and, for the most part, big fortunes have gone elsewhere. But the big problems remain. Harris County (yes, our own Houston, Texas) leads the nation in drunk driving and drunk driving fatalities. It helps put Texas in the top spot for states with a drunk driving problem. Well, we can't stand proudly behind that statistic.

In 2008, Texas suffered 1,146 fatal accidents where a driver had a blood alcohol content at or above the legal limit of .08%. That's an average of about three fatal accidents per day due to drunk driving. If we include the number of drunk driving accidents where no one dies, but they might suffer permanently disabling injuries, that number goes way up.

You probably see the reports of several fatal accidents per week in the news. Just yesterday, KHOU and KFDM reported about a Wednesday night hit-and-run that killed two young people crossing the street. The hit-and-run driver, Chavon Latowya Frank, who was chased and detained until police could arrive by a brave and responsible witness, is in custody and faces two counts of intoxication manslaughter. We hope that Chavon Latowya Frank has the resources to face some hefty punitive damages too. Chavon Latowya Frank dragged one of the victims for 50 yards behind her car as she attempted to flee the scene.

Family members of the victims were helpless to go to their fallen loved ones as police properly secured the scene to perform their investigation. When they were able to see the fatally injured young people, struck down in the prime of youth by an intoxicated coward with no regard for the lives taken, it must have been a difficult scene to face. I can't even imagine the anguish they must have felt.

We fervently hope that the grieving family members can hold that intoxicated hit-and-run driver, Chavon Latowya Frank, accountable for her actions to the full extent of the law. If there was a bar, club, or restaurant that served her the drinks that fueled her deadly hit-and-run accident, we want them held accountable too.

The continuing alcohol-fueled drunk driving slaughter in our region makes our streets deadly dangerous for everyone. On Wednesday night, two innocent young people walking across a neighborhood street became the latest victims of the ongoing Houston, Texas drunk driving slaughter. If you're a prayerful person, send the families of the victims your good prayers; their need for consolation is great.

"Good Condition" in "HospitalSpeak" vs. Actual Good Condition

Fri, 23 Sep 2011 08:00:00 EST

News accounts typically inform us of the severity of accident injuries only in the blandest sort of way. A report might say that three men who abruptly fell 3 stories when an unsafe balcony collapsed at The Grove in Denton went to the hospital with "non-life threatening injuries." A source at a hospital might later provide an update saying that these men are in "good condition."

When you read "non-life threatening injuries" and "good condition," you might breath a sigh of relief. You might think that these men who fell 3 stories when an unsafe balcony collapsed at The Grove in Denton might have a few bruises, maybe a minor laceration or two, and maybe even a broken bone. But the wording does not make it sound like they suffered any serious injuries, does it?

Well, let me tell you about these three men who went to the hospital with non-life threatening injuries and were reported some days later to be in good condition. These men are Grant Draper, Garrett Draper, and Tony Garcia. They fell three stories onto concrete and metal one night at The Grove apartments in Denton, TX when an unsafe balcony collapsed underneath them.

Someone close to the men posted a comment giving the details of their "non-life threatening" injuries. These injuries are immensely painful just to contemplate. It's difficult to imagine the suffering these men have experienced since their sudden 3-story fall after a balcony collapsed at The Grove in Denton.

Grant Draper:
Broken pelvis,
Broken wrist,
2 broken ankles,
Broken bone close to the hip,
Landed on the balls of his feet which burst through the skin and detached the protective fat pads, and
May lose both feet at the ankles if the tissue does not heal and reconnect properly.
Garrett Draper:
Fell face first on a car below,
Sent into a drug-induced coma and intubated because of the severity of his facial injuries,
Broken jaw,
Fractured teeth,
Broken cheek,
Facial lacerations,
Will have jaw wired shut for months,
Will need reconstructive surgery on his face,
Will likely need dental reconstruction,
Broken pelvis,
Broken arm,
Broken ankle,
Collapsed lung, and
Had rod inserted in hip to stabilize joint.
Tony Garcia:
Broken pelvis, and
Ruptured bladder.

Hospitals see all the worst injuries and illnesses every single day. "Non-life threatening injuries" simply means that the person probably won't die. "Good condition" seems to mean that the person probably won't die and that no unexpected complications have sprung from treatments and surgeries. But these terms clearly don't imply "good" or "non threatening" in the sense in which we usually use them

So next time you come across these bland injury descriptions, you may think about the possible severity of the pain, suffering and depth of injury the accident victims may have suffered. These innocuous phrases: non-life threatening injuries and good condition, don't rule out permanent disfigurement or disability. They don't rule out crippling injuries. They don't rule out permanent organ damage. They only rule out the immediate prospect of death.

I often think that we perform a disservice to the accident victims, who may experience indescribable suffering, when we characterize their injuries and conditions in such a bland way. But I also understand the desire of others not to be confronted with the blatant horror of some accident wounds and injuries. And I understand the victims' desire to avoid prying or maudlin pity while they are in pain.

But we shouldn't forget that these victims do suffer. And that those who caused their suffering should not be allowed to hide behind bland phrases or to get off the hook for the suffering their negligence has caused. The advocates for these victims, who fell 3 stories when a balcony collapsed at The Grove in Denton, have a duty to hold those negligent parties accountable.

Texas Truck Wreck Prevention: Hanging Out in "No-Zones" is a "No-No"

Thu, 22 Sep 2011 08:00:00 EST

Most of us have heard of the "no-zones" - those areas around a tractor trailer where you never, ever want to be caught driving. Driving in "no-zones" is a leading cause of Houston truck wrecks. While it is nearly impossible to never drive in a no-zone, a keen awareness of them will ensure you stay safer while in them - and get out of them as quickly as possible.

The following are the "no-zones" around a truck in which you never want to loiter:

Front - Trucks need more room that cars do to stop. For this reason, you should never cut in front of a truck or make sudden moves when a truck is following you. Signal your intentions and change lanes - if possible - if a truck is tailgating you.
Rear - Do not tailgate trucks. Not only can the truck not see you, but you also cannot see what is happening in front of the truck. If they stop suddenly, you could end up in the back of - or under - the truck. The vehicle behind you could also force your car into the rear of the truck if they are also tailgating. Also, never drive behind a truck that is backing up. They cannot see you and will be very likely to run into your vehicle.
Sides - The blind spots on the sides of a tractor trailer are just like those on your car - only much larger. Never loiter beside a truck - and remember, if you can't see the driver's face in the mirror, he can't see you.
Right Side - Tractor trailers make large right-hand turns. Never get in between the semi and the curb when they are turning. They will not be able to see you and may turn their trailer into your vehicle, squeezing you between their truck and the curb.

By being aware of these zones, you could drastically decrease your chances of suffering serious injuries in a Houston truck crash. If, however, you or someone you love has suffered injuries in a Houston tractor trailer accident, you need to seek legal help. Contact Denena & Points at 877-307-9500 to speak with a Houston accident lawyer about your injury case.

The Grove Balcony Collapse and its Aftermath

Thu, 22 Sep 2011 08:00:00 EST

You may be following the events of the Denton balcony collapse at The Grove Apartments. The third floor balcony sheared off the wall and dropped to the concrete below. The fall took three men to the concrete with the fallen balcony, where they suffered severe injuries. Our focus has been on the negligence of the various parties behind the scenes that led to the balcony collapse.

Another blogger, in Alabama, has been focused specifically on the business practices of Ted Rollins, the CEO of Campus Crest. Campus Crest built and owns The Grove. We think that the unsafe balconies and the somewhat callous, defensive comments of The Grove's spokespersons in the aftermath of the balcony collapse speak to those business practices.

Interestingly, Anonymous (perhaps the same Anonymous that posted similar comments on Denton sites after the balcony collapse) made a comment on the Alabama blog piece focusing on The Grove apartments' balcony collapse. Anonymous's comment takes the position that the third floor doors leading out onto the collapsing balcony were designed as a safety feature, specifically as a "great emergency egress point."

Indeed, if your idea of emergency egress involves shattering your body on the concrete three floors below. The blogger in Alabama clearly questions Anonymous' ideas regarding safety features.

At Denena and Points, we'd looked up some of Texas' and Denton's provisions regarding safety and emergency egress. Neither entity requires a three-story drop off from your apartment onto a hard concrete landing in the event of an emergency. When things get bad enough that such an egress becomes a safety feature, perhaps balcony collapses will be the least of our worries.

Denton government entities have in fact discussed emergency egress and other safety issues at length over the years. They do not specifically speak to the idea of third floor exits onto collapsing balconies as a safety feature, but their comments generally would seem to suggest that they would agree that such an "emergency exit" would not be safe.

Negligence, and we believe gross negligence at that, lies at the root of The Grove balcony collapse in Denton. Denial after the fact does nothing to change the negligence that brought The Grove balcony collapse about. Imaginative attempts to characterize the third floor doors' exit onto a collapsing balcony positioned above concrete as a "great emergency egress point" safety feature only seem to make light of the truly terrible injuries suffered by the three men who fell from that balcony.

Can Good ESC Technologies Give Us a World of Zero Driver Fatalities?

Wed, 21 Sep 2011 08:00:00 EST

This summer I came across an article rating the safety (or lack of it) of the many different passenger vehicles available to us. The ratings article mentioned a handful of vehicles, all SUVs, that had ZERO driver fatalities over a three-year period from 2006 to 2009. That's truly remarkable if you take a moment to consider just the number of single-vehicle fatal crashes we see each week. The article seemed to attribute the lack of driver fatalities to a combination of SUVs' size and weight advantages in a wreck and the leading edge ESC technologies used in these particular vehicles. Since I've been writing about ESC technology recently, I decided to take another look at the article.

The zero driver fatality SUVs comprise the:

Audi A6 4-door 4-wheel-drive SUV,
Mercedes E-Class 4-door 4-wheel-drive SUV,
Toyota Sienna,
Ford Edge,
Nissan Armada,
Land Rover Range Rover Sport, and
Land Rover LR3.

The place of these SUVs in a zero driver fatality classification for three years running represents an amazing improvement over just a few years before when SUVs garnered so much attention for their high rollover rate and deadly crash statistics. Even now, news accounts regularly report fatal SUV rollover wrecks.

Someday technology may give us a zero fatality and zero accident injury driving world. Who knows? Maybe technology will finally give us a Star Trek type transporter, and we won't have to drive at all. But until we are lucky enough to experience that accident and fatality free environment, you can call on me if you need specialized, dedicated legal help after an accident on our roads.

I'm a Clear Lake, TX auto accident attorney with more than 12 years of experience helping injured victims to achieve their compensation goals following a life-changing vehicle accident. I am confident I could help you too, so I offer a free consultation to discuss your accident case and recovery goals with you. Just call when you need me; I'm here to help you recover after a devastating auto wreck.

ESC Prevents Rollovers. But What Happens When the ESC Goes Wrong?

Tue, 20 Sep 2011 08:00:00 EST

ESC Prevents Rollovers. But What Happens When Something with the ESC System Goes Wrong?

ESC systems usually get noticed as the greatest vehicle safety invention since the seat belt. But letting an automated system make driving decisions and driving corrections for you always presents some risk. Automated decision-making systems can only evaluate data that they have been programmed to evaluate. Present them with unclear data, or make a slight error in the programming, and you may have some very bad, even dangerous, automated decisions confronting you. Automated decision-making systems, like vehicle ESC modules, remain limited by their programming in ways that human drivers are not.

Last month, when we were putting up some articles on the website about ESC systems, we gave some thought to addressing this issue: what happens when the very safety system that you rely on to prevent a wreck miscalculates? What if your accident and rollover prevention ESC system actually causes your Katy, TX accident or rollover? But ESC system errors and the wrecks that they might cause receive so little attention that we decided not to bring it up. We didn't want to scare anyone away from a safety feature that might well save their life. Because the potential for an ESC system to save your life remains so much greater than a remote possibility that your ESC system might miscalculate.

But just recently, Daimler Trucks issued a recall on trucks containing a defective ESC module for this very reason: automated decision-making miscalculations. The defect in the recalled ESC modules can cause them to miscalculate slip angles and perceive over steering when there is none. When a defective ESC system thinks it perceives over steering, the system applies the brake to a front tire.

The recalled ESC systems affect about 5,000 Daimler trucks. If you're driving down the Katy Freeway, you absolutely do not want the Daimler truck in the lane next to you to suddenly veer into your lane and rollover on you because its ESC system has miscalculated. Such deadly mistakes go way beyond: "Oops. My bad." You can hold defendants liable for many thousands, or even millions, of dollars because of such deadly errors.

You can probably imagine what would happen if you were driving along I-10 and suddenly your own brakes stopped one front wheel of your vehicle. Your vehicle would deviate drastically from its course. You might unexpectedly exit the highway, or enter an adjacent lane as your car banked unexpectedly to the side. Your sudden course change might well end in a rollover wreck. In effect, your ESC safety feature would have caused the very Katy, TX accident or rollover wreck that it intended to prevent.

You may have experienced a sudden Katy, TX accident. It may be that a defective ESC system for a vehicle involved in the accident miscalculated or failed. Careful investigation of the accident could help determine if a defective ESC system played a role.

We are Katy, TX accident attorneys. We belong to the upper tier of Personal Injury law trial attorneys who have received Board Certification from the State of Texas for specialized legal knowledge, solid trial experience, and proven commitment to our clients' needs. We have more than 12 years of experience investigating complex accident puzzles, and locating the hard evidence you need to prove your injury claims.

If you have lingering questions about a complicated accident that has injured you, give our Katy, TX accident attorneys a call for a free legal consultation. We might well have the answers you're seeking. And with solid answers, and the evidence to back them up, you could make a successful financial recovery for your accident losses from those who ultimately caused them.

Dangerous Product Defects and Unintentional "Boom" Functions

Mon, 19 Sep 2011 08:00:00 EST

Over the years, our law firm has built up a good reputation for product defect litigation on behalf of our clients. A fair amount of this work relates to the many defects that end up in passenger vehicles. Some of these defects cause multiple catastrophic injuries and fatalities before a company finally admits its mistake and recalls the product from the market. So frequently, I look at the recall notices posted by the NHTSA so that I can let clients and others know of potential hazards hopefully before they actually injure anyone.

One that caught my eye on the latest list had as its subject: "Unintentional Boom Function/ Mechanical Interlock." Well clearly, no one wants a vehicle of any type that has an unintentional boom function. Nor would you want a vehicle with an intentional boom function. Boom functions represent the type of thing you generally want to avoid in a vehicle, or in any product for that matter. Upon closer reading of the recall information, I noticed that the recall related to a construction vehicle with a boom arm that might move unintentionally. Well, that's not good either. That could kill or injure someone as suddenly as an explosive boom. And those kinds of construction injuries and fatalities actually happen with fair frequency. These injuries and deaths present a degree of trauma you could hope never to see.

The important thing to remember is that if a defective product injured you, any or all of the designers, makers, marketers and sellers of that product could be liable for your injury. You could hold them accountable for the dangerous defect, and make them pay for the harm they have caused you through an unintention boom function or some other product catastrophy.

You probably could not do this on your own though. Product defect cases involve complex technical matters that require intricate presentation of the evidence to identify the source(s) of the defect. But it's not enough to show that a product contains a defect and that you have an injury. You must also show how the product defect is dangerous, and how it actually caused your injury.

We could help you build a winning case in your product defect claim. We have more than 12 years of successful experience investigating, building, and litigating such cases on behalf of our clients. We're Lake Jackson, TX Texas Board Certified trial lawyers who can offer you a degree of legal knowledge and practical experience in product defect matters that you'd be hard pressed to find elsewhere. We have helped numerous innocent victims of product defects to win just compensation for the harm they have suffered due to product negligence. Let us help you win your claim too.

Speeding While Wearing No Motorcycle Helmet Can Prove Deadly

Sun, 18 Sep 2011 08:00:00 EST

Don't Make a Fatal Mistake: Speeding While Wearing No Motorcycle Helmet Can Prove Deadly

NHTSA studies of fatal motorcycle accidents show that more than one quarter of the bikers killed in their crashes were speeding at the time of their accidents. Studies also show that around 60% of fatal wrecks involve unhelmeted riders.

Motorcyclists don't enjoy the protection of their vehicles in a wreck like the occupants of enclosed vehicles might. They don't have secure seatbelt harnesses strapping them to seats within the body of the vehicle that lets them enjoy the benefits gained by even a few milliseconds of "ride-down." No. Bikers suffer exposure to the full hazards of a motorcycle accident.

The crash that takes the motorcyclist's life might hurl him dozens of feet from his bike, or drag him 100 feet or more across a road. His head often takes the brunt of any motorcycle crash impact. If that head lacks a helmet and the protection it can provide, traumatic brain injury becomes the likely result.

Velocity increases mass during a motorcycle crash. The faster you're going when you have a motorcycle accident, the greater will be the force of your impact and any resulting injuries. So don't take chances. Wear a helmet.

If you've already been injured in a motorcycle accident, you likely know the severe impact a motorcycle crash can have on your life. You may have permanent disabilities from your crash that require ongoing care. You may well need the financial compensation that a successful accident claim could provide.

Our Coastal Bend motorcycle accident law firm has a long track record of success representing injured bikers and the bereaved family members of those who were lost to their motorcycle crashes. If you need help, just call us for your free legal consultation. We could answer urgent questions about your specific accident circumstances. We could provide the help you need to achieve a successful outcome with your accident claim. Call today.

Negligence in the Katy Freeway Dropped Cargo Overturned Truck Wreck

Sat, 17 Sep 2011 08:00:00 EST

Negligence somewhere down the line lies at the root of almost every truck wreck we see in our Houston, TX metro area. And we get a lot of major truck wrecks. Houston, TX is a shipping transit hub for much of the rest of the nation. Almost every day, a truck wreck rooted in someone's negligence ties up some part of a rush hour commute. Yesterday, apparent negligence shut down a busy 610 ramp onto the Katy Freeway for the better part of a day.

Spilled cargo and dropped cargo accidents can almost always be traced clearly to negligence on the part of someone. Sometimes (usually, in fact) there are several negligent someones. The difficulty lies in determining precisely who was at fault.

Was it the cargo loader?
Was it the trucking company that failed to maintain truck cargo straps, tie downs, and other safety devices?
Was it a manufacturer that supplied a defective cargo strap?
Was it the truck driver that failed to check if his cargo was secure and his cargo fasteners were good before he left on his haul? Did he take a curve or a turn too fast? What?

If you're one of the people whose cars got seriously dinged by falling metal scaffolding, you probably want to know. You're very lucky that's all that happened. It's almost miraculous that there were no reported injuries from that dropped cargo accident. Sudden spilled and dropped cargo accidents can be deadly. At the very least, they usually cause severely debilitating injuries.

Somebody was watching out for you when that dropped cargo fell on the Katy Freeway. So count your blessings. You may be counting up the repair or even replacement costs for your car right about now too. If you are, know that you could make a full financial recovery for those vehicle damage losses from those whose negligence caused your losses.

It isn't easy though. You may well need an adept Houston, TX dropped cargo accident attorney to track down the source(s) of the negligence AND the evidence you'll need to prove their negligence. If so, feel free to call me. I used to be a trucker. I know where to find negligence when dropped cargo falls on you down on the Katy Freeway.