The Houston Accident Lawyer Blog

Road crashes the leading cause of death for U.S. oil & gas workers

Wed, 16 May 2012 08:00:00 EST

Houston highway crash lawyers note that over the past decade or so, the number of Americans killed in road crashes has declined substantially, from an average approaching nearly 40,000 per year to its present level of approximately 30,000 victims per year. But the proportion of those fatalities that involves large, commercial trucks has been climbing. And oil & gas field workers are suffering a disproportionate number of the highway fatalities. In the last 10 years, these industry workers have experienced over 300 fatal highway crashes. 33% of the industry's work fatalities come from highway crashes, as opposed to 20% across all other U.S. occupations.

Government transportation officials, oil & gas industry workers, and other concerned individuals point to oil field exemptions from U.S. highway safety rules that permit industry truckers to work longer hours than those permitted in other industries. Oil field drivers say that the industry uses these exemptions to pressure them into driving for hours after they have already worked shifts without rest that were 20 hours or more. Our Houston highway crash lawyers point out that many oil field workers have been killed or injured killed in a highway crash on their way back to the company from the field after long shifts when their drivers fell asleep at the wheel.

The U.S. NTSB last year stated that it "strongly opposed" these 50-year-old oil field exemptions that permit extra long hours because the exemptions raise the risks of road accidents. Safety advocates warn that these risks are only growing as "fracking" becomes the industry drilling technique of choice. Fracking requires the use of millions of gallons of water per well, much of which has to be trucked in. This leads to many more oil field trucks, with many more severely fatigued drivers behind the wheel, than more traditional drilling techniques.

Under pressure from oil & gas industry officials in one of the few U.S. industries to experience job growth in a weak economy, Congress has refused to repeal the exemptions that safety advocates warn lead to unnecessary injuries and fatalities. As the industry booms, government inspectors and regulators have difficulty overseeing the burgeoning number of drilling sites. A New York Times analysis of over 50,000 industry inspection reports indicated that the number of drilling rigs increased more than 22% in 2011 from 2010, yet the number of work site inspections fell by 12%.

And the industry boom, coupled with government regulators' inability to keep up with the growth, has been accompanied by an alarming trend. Our Houston highway crash lawyers emphasize that fatality rates among oil & gas workers increased 15% just between 2003 and 2004. Recent CDC investigations have discovered that not only are more industry workers dying per year, but also the fatality rate continues to increase along with the relative risk of the occupation.

And as work shifts increase in length, more inexperienced workers are hired for high-paying industry jobs, and older rigs are reopened for use, the high fatality rates show no sign of declining. A full third of these industry fatalities relate to highway crashes caused by fatigued industry drivers. This worrisome statistic speaks for itself. Industry exemptions that allow oil truck drivers to drive longer hours after longer shifts results in hazards for industry workers and others who share the roads with them.

Learn more about what steps you should take in the event of a serious truck crash by downloading our Houston highway crash lawyers' free and informative book from this web page.

End oil & gas industry driving exemptions for greater highway safety

Wed, 16 May 2012 08:00:00 EST

The Houston workplace injury lawyers at Denena & Points remark that the domestic drilling industry has grown enormously over the last decade, bringing welcome, high paying jobs to economically depressed areas during a time of great economic distress. But the economic boom has its price. Worker fatality rates within the industry have soared to 7 times the national average for other industries. And almost 33% of those worker fatalities relate to highway crashes, many caused by severely fatigued industry drivers who have attempted long drives after shifts lasting 20 hours or more. Industry workers aren't the only ones at risk from these fatigued drivers. Anyone who shares the roads and highways with them stands at risk.

The oil and gas industry benefits from many long-standing exemptions that create different rules than the rest of us must follow. For instance, our Houston workplace injury lawyers note that the oil and gas companies aren't required to inform OSHA when they commence drilling at a site or when their truckers crash on public roads. And how can the agency conduct timely site inspections if it doesn't even know drilling has begun there? How can it investigate and deter safety shortcomings if it doesn't investigate industry highway crashes?

Mining companies on the other hand must alert the federal Mine Safety & Health Administration about new sites where it commences work. This difference in industry regulatory requirements tracks a startling difference in fatality statistics as well. Even though there are fewer active U.S. oil & gas drilling sites than mining sites, more drilling industry workers than miners die each year, about a third of them in road crashes.

Not only are a high proportion of oil & gas field trucks in severe disrepair, but also the companies operate under safety exemptions that don't affect other industries. Recent years have seen federal and state officials tighten up rules governing how many hours truckers may drive in a given period and how many rest breaks they must take. Our Houston workplace injury lawyers emphasize that the oil & gas industry truckers are exempt from these safety requirements. And oil service companies often work to avoid even those rules that do affect them. Some companies operate under registrations belonging to associated companies or shell companies to continue operating after regulators have taken their licenses for repeated safety violations.

Two months ago, the U.S. GAO (Government Accountability Office) chastised federal highway safety regulators for failure to detect "chameleon carriers," commercial truckers that use shell companies to dodge safety rules. But the FMCSA (Federal Motor Carrier Safety Administration) stands fast in its defense of oil & gas industry exceptions. It strives to reassure with the statement that the exemptions don't apply to all of the industries' trucks, and that the exemptions have been in place 50 years and are clear enough. Our Houston workplace injury lawyers ask, "Clear enough for what?" Are you reassured regarding your safety in the presence of these trucks?

Continue to Part 2.

Time for change regarding U.S. oil & gas industry safety exemptions

Wed, 16 May 2012 08:00:00 EST

(Continued from Part 1.) Safety advocates maintain that the oil & gas industries use the existence of the exemptions, the lack of clarity even to regulators regarding which trucks they cover, and the low risk of getting caught to apply the exemptions to industry trucks to which they do not belong. The Houston work injury lawyers at Denena & Points note that the Commercial Vehicle Safety Alliance, an association composed of police and highway enforcement authorities, states that enforcing even existing regulations is challenging due to a lack of clarity because federal regulators won't provide a list of the industry vehicles that qualify for the exemptions.

Federal authorities proposed some revisions to the existing highway regulations in 2010. But numerous outraged executives of trucking, oil, and gas companies pounced on the regulators, submitting comments opposing the changes. The executives argued that the changes would require them to hire additional, inexperienced drivers that would greatly add to industry costs and road safety risks. But oil field workers, along with safety advocates, disagreed with the advocates. Those on the ground know and flatly state that requiring workers to drive additional hours after shifts lasting nearly a full day or more is patently unsafe and heightens the risks of dangerous truck crashes.

Our Houston work injury lawyers point out that oil & gas industry exemptions allow industry drivers not to count the time they've spent waiting at the well site for crews to finish their tasks before driving their hauls. And these waits can sometimes last as long as 36 hours, with no place for the waiting driver to catch any comfortable rest.

Other commercial truckers that work 60 hours over 7 consecutive days must take at least 34 hours off to get two full nights of sleep. Oil and gas truckers that work the same hours are only required to take 24 hours off for rest. Oil & gas industry lobbying has assured the maintenance of the exemptions in the face of strong government and safety advocate calls for change. Our Houston work injury lawyers realize that it's hard to argue with an industry offering an economic boom and growing numbers of industry jobs during a time when almost all other industries are in sad decline. Even if an unnecessary number of worker fatalities and collateral casualties from excessive driver fatigue stand as a clear secondary result of the exemptions.

The worker fatality statistics in comparison with other industries speak for themselves. And industry workers, government safety advocates, and other concerned safety specialists also speak for the need for change in the oil and gas industries' regulations. They say it's time for the half-century-old safety exemptions to finally go away. And they're right. But only continued, strident calls for change might have a chance of bringing about increased safety in the industries offering shining examples of prosperity in dark economic times. But safety risks aren't the only costs of oil and gas industry arrogance. Our Houston work injury lawyers suggest that you might also want to look at unnecessarily high gas and energy prices and disproportionate oil industry profits.

If you or a loved one has been injured because of unsafe oil & gas industry practices, feel free to contact us for a legal consultation and case evaluation regarding your accident. Your initial consultation is free, and could provide you with the information you need to make sound decisions leading to a full financial recovery for your undeserved injury.

Conroe, TX wreck at dangerous FM 3083 intersection claims 3 lives

Mon, 14 May 2012 08:00:00 EST

Conroe accident lawyers note a tragic Saturday morning wreck at a Conroe, TX intersection deemed dangerous by Conroe police. The fatal intersection wreck attributed to failure to yield right of way claimed 3 lives and injured 2 other victims. The accident occurred around 7 a.m. at FM 3083 and Avenue M. Reportedly a Honda Civic driven by 19-year-old Misael Esquibel pulled up to the stop sign but failed to yield right of way to an oncoming pickup truck before attempting to cross the dangerous intersection.

An oncoming Dodge 2500 pickup truck, driven by 52-year-old David Burton Jackson, crashed into the Honda Civic and ripped the car open. The heavy impact caused the Honda to spin and eject one passenger, 22-year-old David Mejia Bonilla, into the woods. Mejia Bonilla died at the scene. Two other passengers of the Honda, Alexander Moreno, 24, and Jose Aurelio Cantarero Benitez, 48, also died in the deadly intersection wreck. Esquibel, driver and sole survivor from the Honda, was hospitalized in critical condition.

The Dodge pickup truck spun from the wreck impact and flipped onto its side, but the driver received only minor injuries. Police took a blood sample from the driver of the Dodge pickup truck to test for signs of intoxication but found none.

Our Conroe accident lawyers remark that Conroe police say that the intersection where the fatal wreck occurred is a dangerous one. Crosses marking two other fatal accidents there stand as testament to the accuracy of their assessment.

The Conroe accident lawyers at Denena & Points express their sincere sympathies to the family and friends of those killed and injured in the deadly intersection wreck in Conroe. You can read more about your risks of intersection wrecks involving misunderstood right of way in this article.

The problem of sleep apnea in U.S. professional long haul drivers

Mon, 14 May 2012 08:00:00 EST

The problems of sleep apnea and the resulting fatigue in professional long haul drivers on our U.S. highways are critical. But our Houston truck accident lawyers haven't discussed the problem in a while because clean solutions continue to elude government regulators, truck industry officials, and concerned accident lawyers alike.

The profession of long haul driving is one that almost inescapably leads to fatigue and sleep apnea problems. To make money, the drivers must get up early, oversea loading of their cargo, drive endless, monotonous hours on the highways, and spend most of their nights away from home and the comfort of their own beds. You might know from personal experience how sleeping away from home while traveling can easily disrupt your sleep patterns.

And the long hours in the drivers seat combined with generally unhealthy truck stop meals and little time for exercise tend to lead to weight gain which in turn leads to sleep apnea problems. Sleep apnea interrupts a driver's sleep continuously throughout the night, which can leave him almost as fatigued in the morning as if he had not slept at all.

Of ongoing concern in the trucking industry is the problem of sleep apnea and its role in causing truck accidents. Our Houston truck accident lawyers emphasize that discussions of sleep apnea tend to revolve around several central questions.

Should people with sleep apnea be allowed to drive trucks at all?
To what extent does sleep apnea put truckers at a greater risk for causing truck wrecks?
What can be done to prevent truckers with sleep apnea from causing truck wrecks?

The answer to the 2nd question remains inconclusive. Some contend that truckers with sleep apnea have a risk of causing truck accidents that is seven times higher than that of those without sleep apnea. Yet the authoritative government study on the subject indicates that only those drivers with severe sleep apnea are at risk and only for severe accidents. Somehow that doesn't comfort me.

The government has formulated some regulations to limit truck drivers' consecutive hours on the road. The federal regulations require regular rest breaks and maintenance of a logbook setting forth a driver's hours and miles traveled.

Our Houston truck accident lawyers note that truck drivers aren't the only drivers with sleep apnea and consequent fatigue problems. Much of the general population possesses a sleep apnea disorder. There exist 3 distinct types of sleep apnea disorder. OSA (Obstructive Sleep Apnea) is the type that provides a focal point for the controversy regarding long haul truck drivers. And medications like sleep aids used to combat sleep-related disorders can cause as many problems as the disorders themselves.

The problem of sleep-deprived drivers and resulting wrecks remains. You can do your part to help prevent such wrecks by becoming aware of problems that might cause your own fatigue behind the wheel and taking steps to combat the problems.

If you suffer injuries from a truck wreck and you need to know what to do to seek the financial compensation to which your injuries might entitle you, download our Houston truck accident lawyers' free book on how to pursue a successful truck accident injury claim.

Fatal Friday Houston U.S. Postal Service 18-wheeler collision with SUV

Sun, 13 May 2012 08:00:00 EST

Houston truck crash lawyers note that Houston's KTRK reported that a U.S. Postal Service 18-wheeler truck was involved in a fatal collision with an SUV in NW Houston on Friday. Reportedly the fatal truck crash occurred in a residential area around 4 p.m. at 13100 Misty Willow and Misty Willow Place.

Two female occupants of the SUV suffered injuries from he postal truck crash. One woman later died at the Methodist Willowbrook Hospital. The extent of the other woman's injuries was not specified in news accounts of the deadly truck crash. The 18-wheeler driver was able to walk to an ambulance.

Reports of the fatal postal truck crash did not mention the cause(s) of the wreck. Should we discover further pertinent news regarding the factors involved in the deadly collision, we will post them here. Learn your important steps to take following a collision with an 18-wheeler: download our free book containing crucial information on how to protect your rights and interests following a wreck.

The thoughts and prayers of our Houston truck crash lawyers are with the injured victim of the postal truck wreck and with the bereaved friends and family of the woman who tragically died in the collision.

U.S. CPSC recalls deadly Banzai Falls inflatable water slide

Sun, 13 May 2012 08:00:00 EST

Some months ago, our Lake Jackson product defect lawyers chronicled the case of a lawsuit and more than $20 million verdict against Toys 'R Us, which sold a water slide involved in a deadly accident. At issue was the safety of the inflatable poolside Banzai Falls water slide designed for the fun of children and adults alike.

We note that the manufacturer does not seem to have been cited for misleading advertising, since the Banzai water slide falls indeed. The crux of the lawsuit was a 29-year-old mother's fatal injury when the 6-foot Banzai Falls water slide she was on suddenly deflated, causing her to injure her head and break her neck on the side of the pool.

In similar cases that the U.S. CPSC (Consumer Product Safety Commission) used to decide to issue the recall of about 21,000 inflatable in-ground Banzai water slides, a woman from Allentown, PA fractured her neck when a Banzai slide deflated suddenly, and a man from Springfield, MO was rendered quadriplegic after a water slide unexpectedly deflated. The CPSC determined that the water slides were in fact defective and could deflate suddenly causing severe falls and injuries to those using the slides. The agency found the inflatable water slides to be unstable products that could topple over in windy weather or even in still conditions.

Our Lake Jackson product defect lawyers mention that Wal-Mart and Toys 'R Us have both agreed to offer full refunds to customers who return the recalled water slides. Customers may bring the two original safety warning notices from the slide in for their refunds; they do not need to bring the entire 6-foot slide.

In case you have an inflatable water slide and you are wondering whether yours is among the unsafe and defective recalled products, we note that the vinyl water slides subject to the recall have a blue base, a yellow sliding mat, and an arch that goes over the top of the slide. A hose can connect to the top of the slide to run water down the slide's incline. A circular blue, white, and orange logo contains the words “Banzai Splash.” This is shaped like a wave and appears on both sides of the slide.

The recalled slides were manufactured by Manley Toys, Ltd, in China and sold at Wal-Mart stores and Toys 'R Us stores from January 2005 through June 2009. Their cost stood at approximately $250. Their barcode number is 2675315734 and their model number is 15734. Unfortunately, these numbers were on the original packaging of the water slides but don't appear on the slides themselves.

A CPSC spokesman warns that the lack of prior problems with your slide does not mean that your Banzai slide is safe. It could collapse and deflate under you at any time. The CPSC urges owners of products affected by the recall to discontinue using the Banzai water slides immediately and turn them in for refunds. Your safety and your children's safety are at high risk from these defective water slides that pose dangers of sudden, unexpected deflation. Our Lake Jackson product defect lawyers caution you: don't risk your future for a little fun in the sun. Decide not to slide.

Read more about the $20 million+ verdict based on the defective Banzai Falls water slide in this article by our Lake Jackson product defect lawyers.

Update on Sunday's Texas school bus and fire truck injury accident

Thu, 10 May 2012 08:00:00 EST

The Texas school bus accident attorneys at Denena & Points note that Texas DPS has given more details on the school bus and fire truck crash that occurred near Leona, Texas on Sunday. You may recall that the accident sent 13 people, mostly high school students, to local hospitals. The school bus had bucket seats and seat belts to provide additional safety for passengers.

Our Texas school bus accident attorneys suspect that the additional safety features might, in part, explain why the accident that destroyed the front of the bus resulted in only relatively minor injuries. Apparently, all 13 injured victims of the wreck have already been released from the hospital.

Texas DPS now says that the school bus involved in the wreck crashed into all three fire engines at the scene of the accident rather than just with the one fire truck mentioned in previous accident accounts. DPS Trooper Joel Smith mentioned that he had initially responded to a passenger truck fire caused by a transmission that caught fire.

The vehicle fire also ignited a grass fire just off of I-45. 2 of the Leona Volunteer Fire Department engines were already at the scene of the fire when a third fire truck arrived at high speed and initiated a U-turn on I-45 to reach the grass fire. A sheriff's deputy initially tried to prevent the fire engine's U-turn.

Reportedly Trooper Smith observed the approaching Ector ISD school bus collide with the fire truck making the U-turn, and then continue along I-45 for a moment before subsequently striking the other two Leone fire trucks.

Our Texas school bus accident attorneys are relieved to hear that the injured victims of the wreck are already recovering at home. We remain curious to learn what the accident investigators will finally determine are the contributing factors to the multi-vehicle wreck. Texas DPS mentioned that while authorities issued no traffic citations at the scene of the school bus and fire truck wreck, the investigation into the accident was still in process.

U.S. CPSC studying the dangers posed by explosive fire pot fuel gels

Thu, 10 May 2012 08:00:00 EST

Houston product defect lawyers note that this past September saw a widespread recall by the CPSC and 9 manufacturers of alcohol-based fuel gel products related to the popular new "fire pots" marketing as home lighting accent décor. The fire pots and their fuel gel were only recently introduced to the U.S. market in 2010. The recall stemmed from a series of accidents, two of them fatal, involving people re-filling the fire pots with the highly combustible fuel gel.

Our Houston product defect lawyers caution that apparently, it is difficult to detect existing fuel gel residue in the fire pots. And in some cases, that slight fuel residue could still be burning with the smallest of flames, not apparent to the eye. When additional fuel gel is poured onto the tiny flame, the gel will explode. And like napalm, that nasty weapon that became a byword for destruction during the Vietnam War, the fuel gel sticks to whatever it touches and continues to burn. So the blaze cannot be easily doused. And fatal injuries, as well as permanently disabling ones, have resulted from such accidents.

In addition to fires and explosions that result when you refill the fire pot, the fuel gel can explode spontaneously if it stands to close to the burning pot or another source of heat. The fuel cup might spontaneously eject and ignite a blaze. Or you might have an explosion while you're trying to douse the flame.

The CPSC had identified 76 accidents resulting from the fire pots by September. Those incidents resulted in 86 injuries and 2 fatalities. 48 of those injured received hospitalization for their injuries.

Our Houston product defect lawyers realize that part of the problem is the lack of any mandatory or voluntary standards regarding safety or product warnings. And the product is marketed as a beautiful, non-toxic, or eco-friendly decorative home accent for lighting and warmth, so purchasers are not necessarily likely to perceive inherent dangers involved in using the product.

The CPSC is attempting to address the gap in safety regarding the fire pots and their fuel gel. The agency has issued an Advance Notice of a Proposed Rulemaking to explore creation of new rules to prevent or reduce the injury and fatality risk from the dangerous fire pots and their explosive fuel gels. The CPSC is exploring whether a mandatory warning rule would suffice or whether it's necessary to ban the product from the market entirely. In the meantime, you stand forewarned. Use fire pots and their highly dangerous fuel gels with caution. Better yet, don't use them at all.

Learn more about what to do in case you received severe injuries because of a dangerous or defective product. Contact our Houston product defect lawyers for a free legal consultation about your injury. Our free case evaluation could help you determine a successful strategy to secure the full financial recovery that you deserve because of your needless injury. Call today at 877-307-9500 or use our online contact form to schedule your free consultation.

Texas school bus - fire truck wreck injures 13 students & 1 firefighter

Tue, 08 May 2012 08:00:00 EST

Texas truck wreck lawyers note that an Ector County school bus conveying 33 horticulture students back to Odessa following a field trip to Huntsville State Park crashed on I-45 on Sunday with a Leona Volunteer Fire Department truck that had responded to a fire. The collision occurred between Centerville and Leona on I-45, and sent 13 students and one volunteer firefighter to local hospitals for treatment of injuries sustained in the crash.

Reportedly, the fire truck that suffered the collision was responding to a fire in a truck alongside the interstate when the school bus collided with it. The front of the school bus was crushed. The cause of the traumatic school bus and fire truck crash remained under investigation by authorities. Apparently, the driver of the fire truck did not see the school bus as he attempted to reach a fire.

The students from the Ector County school bus found food and shelter for the day at the Centerville school district until another Odessa school bus could come pick them up. The journey home began around 5 p.m. According to accounts of the accident, some autistic and special needs students were among those who weathered the I-45 wreck.

For helpful information on the steps to take to protect your rights after a collision with a truck, download from this web page our Texas truck wreck lawyers' free book on making a successful truck accident injury claim.

What to do when your child suffers injuries in a Texas vehicle collision

Tue, 08 May 2012 08:00:00 EST

The Board Certified Texas personal injury lawyers at Denena & Points know that there are few worse situations that a parent can face than when a child has been grievously injured in a traffic collision. Your child might suffer long-term disabilities and ongoing medical costs that you never planned for. You need to know what to do and where to turn as you make an injury compensation claim against the negligent parties that caused the wreck that injured your child.

Your first step in making a successful claim on behalf of your injured child involves locating an experienced, Board Certified Texas personal injury lawyer to help you file your case as soon as possible following the wreck. Timely action presents your best chance of obtaining and preserving the evidence and the witness testimony you need to enable you to win your claim on your injured child's behalf.

When you file a personal injury claim on behalf of a minor child injured in a crash, the court might appoint a third-party attorney, called an ad litem, to help you protect your child’s interests in the matter. The court appointment recognizes that under the law, your child is presumed to lack the capacity to make informed decisions in the matter. And so an adult ad-litem could be appointed to help make the adult decisions regarding legal options and strategies on behalf of the child.

The ad litem does not advocate case particulars on either side of the claim in court. The ad-litem's sole duty is to ensure that the child’s best interests are observed and that no party (even the child’s parents or guardians) takes advantage of the child in the legal injury claim proceedings. The ad litem also works to structure any settlement so that the benefits of the compensation received go to benefit the child’s welfare, and do not just become extra spending money for the parents or guardians.

Hiring your own Board Certified Texas personal injury lawyer, having the court appoint a third-party ad litem, and taking the case to court as soon as possible after the accident while the child is still a minor generally offers a more winning strategy than waiting to make the claim until the child legally becomes an adult. Waiting to present your child on his or her 18th birthday with a claim that he or she could possibly win at that late date would be a poor birthday gift. At that point, evidence would either be stale or long gone. And witnesses to the accident, if they could still be found, probably could not dredge up accurate or convincing memories of the incident to present before the court.

Help your child address the consequences of a painful accident injury. Contact the dedicated, Board Certified Texas personal injury lawyers at Denena & Points for a free and confidential case evaluation/legal consultation to help your child get started down the road to recovery. Let us help you make a successful financial compensation claim on behalf of your injured child against the negligent parties who caused the traumatic accident.

Don't become a statistic: bicycling safety tips for Texas cyclists

Mon, 07 May 2012 08:00:00 EST

Galveston bicycle accident lawyers remind you that cyclists possess the same rights and responsibilities as the drivers of the other vehicles with which they share the road. Bicyclists should show an equal level of care for pedestrian safety as they expect motorists to show for cyclists. There are some safety tips and rules of the road you can use as guidelines to help keep you safe in an environment that heavily favors Texas motorists.

Equipment:
Use mirrors.
Get front and back lights for your bike.
Always check your tire inflation, tire condition, and brakes before you ride.
Remember safe and appropriate riding behaviors:
Don't stop or ride in a vehicle's blind spot.
Ride with traffic, not against it.
Don't pass on the right.
Use proper signaling. (Galveston bicycle accident lawyers note that for a left turn, you should stretch your left arm to the left. For a right turn, stretch your right arm to the right. For a stop, hold your left arm pointing downward.)
Never move to the left or turn left without looking carefully behind you first.
Don't hug the curb; give yourself a little room to maneuver in case of emergency.
Wear proper clothing and safety gear:
Wear a snugly-fitting bicycle helmet that meets current safety standards.
Wear bright clothing, reflective clothing, and/or a reflective triangle when you ride.
Choose your route carefully:
Don't ride on sidewalks.
Prefer wide streets for your route.
Avoid busy streets on weekends.
Avoid roadways with a speed limit above 55 mph.
The Galveston bicycle accident lawyers at Denena & Points wish you safe travels. You can check the TxDOT website and NHTSA website for further safety information for cyclists. And read our linked post on bicycle accident fatalities to remind yourself of the cyclist's vulnerability and challenges on Texas roadways populated by aggressive and heeedless motor vehicle drivers.

Police seeking hit and flee driver that killed Galveston bicyclist

Sun, 06 May 2012 08:00:00 EST

Galveston wrongful death lawyers remark the tragic and needless death of a cyclist after a recent hit and run wreck on Galveston Island. A black Mazda minivan or SUV ran over and fatally injured a bicyclist in Galveston on Saturday about 11:45 p.m. at night. The driver of the Mazda, described as a light-skinned black male with buzz cut hair and a thin beard, reportedly stopped and exited his vehicle, then climbed back into the Mazda and fled the scene of the fatal accident.

The hit and run killing occurred in the 2900 block of Avenue N on Galveston Island. The Mazda driver fled east on Avenue M 1/2. At last report, the identity of the bicyclist killed by the hit and run driver had not been released. Galveston police have asked anyone with information on the incident to contact them.

The Galveston wrongful death lawyers at Denena & Points are deeply saddened by the irresponsible hit and run killing of the bicyclist in our area. Our hearts and sympathies are with the relatives and friends of the victim of the tragic wreck.

Learn more about how you can obtain justice after the untimely death of a beloved family member in our article on wrongful death actions.

Dorel Juvenile Group recalls unsafe child safety restraint seat in U.S.

Sat, 05 May 2012 08:00:00 EST

Deer Park child seat defect lawyers report that the Dorel Juvenile Group and the NTHSA have announced the company's recall of almost 2,000 infant child restraint seats. The model numbers are the IC124FSM (the Onboard 35) and the IC123FSM (the Comfy Carrier). The unsafe child safety restraint seats were produced from May 2011 through April 2012.

The child safety seats have been recalled because they were sold without the separate seat base that contains the required latch attachment assembly that would serve as the basis for the seat's safe restraint attachment to the vehicle. These seats that lack the necessary latch assembly fail to conform to Federal Motor Vehicle Safety Standard 213 governing child restraint systems.

Without the seat base latch attachment assembly, your child would not be properly secured and restrained in your vehicle. So in the event of a collision or crash, your child might not have adequate protection or anchoring restraint within your vehicle. Without adequate restraints and latch systems in place, your child could be ejected from the vehicle or suffer severe impacts within the vehicle. Our Deer Park child seat defect lawyers point out that the unsafe child safety seat that you thought would protect your child could because of its defects result in grave injury to your child.

Dorel Juvenile Group said it would notify affected registered owners of the defective child safety seats and provide the required latch attachment system at no cost. The company provided the number 877-416-8111 for non-registered owners of the products to use to contact Dorel about the recall.

Your child's safety is probably your paramount concern. And manufacturers of the child safety products you use to try and protect your child have a duty to ensure that those products are fit for their intended use. If your child suffered injury due to a defective child safety restraint seat, contact our knowledgeable Deer Park child seat defect lawyers for a free legal consultation. We could help you understand the rights and legal options you have for pursuing full financial compensation for the needless harm you and your family have suffered because of the product defect.

Failure to yield to train leads to fatal Austin accident

Sat, 05 May 2012 08:00:00 EST

The Texas train accident lawyers at Denena & Points caution you to always yield to an oncoming train. Trains have mass and momentum on their side. A train is simply unable to stop in time if you make an unwise decision and try to beat it at an intersection.

Right of way is a critical concept in traffic law. Knowing when to yield and being willing to yield is absolutely critical to your safety. Aggressive or over-confident drivers might choose to ignore another driver's right of way and fail to yield at an intersection, crossing, or merge lane. Failure to yield right of way can lead to fatal injury, frequently among the drivers that failed to yield.

As an example, a 32-year-old man named Jeremy Barta failed to yield to a Cap Metro train at a private rail crossing in Austin on Monday. He died from the resulting crash, and the two children in his car with him at the time suffered injuries. Inquiries by both the Austin Police Department and Cap Metro found that Barta's fail to yield was the sole cause of the accident.

It's fortunate that Barta's decision to challenge the train did not result in tragic fatal injuries to the children in his vehicle as well. Our Texas train accident lawyers point out that the driver that fails to yield risks not only his own life, but also the lives of his passengers and of the occupants of the vehicle he's challenging.

The wise know when to yield. Drive safely and yield to others' right of way. And if you're the victim of a reckless driver, learn the steps to take to obtain a rightful financial recovery for your injuries. Download our Texas train accident lawyers' free book on how to make a successful injury claim after a serious accident. It's free to our readers on this web page.

Man receives maximum penalty for killing man in Texas DWI wreck

Fri, 04 May 2012 08:00:00 EST

Louis Gerardo Nieves, 24, received the maximum sentence of 20 years and a $10,000 fine from a jury for the May 2011 intoxication manslaughter death of Alejandro Raya, 45, in an I-30 wrong way drunk driving crash. The Texas DWI accident injury attorneys at Denena & Points mention that according to evidence produced by the prosecution, Nieves had drunk at least 10 beers at a downtown Ft. Worth club before he stepped into his pickup truck and drove east in the westbound lanes of I-30. Nieves crashed head-on into a westbound tanker truck hauling over 7,000 gallons of fuel. The wreck exploded the tanker truck into a fiery inferno.

The fire killed Mr. Raya, who was trapped in his tanker truck by the wreck, and burned part of the support structure of a bridge at I-30. Mr. Raya was a father of three and a dedicated family man who had been in the process of helping to plan his daughter's quinceanera shortly before the fatal trip that claimed his life.

Our Texas DWI accident injury attorneys note that the damaged bridge required repairs at a cost approaching $700,000. And two lanes of the highway remained closed for months as structural repairs were completed.

Nieves blood alcohol concentration was measured approximately 40 minutes after the wreck. It measured at 0.23, almost three times the legal limit in Texas. Shortly after the crash, Nieves spoke to WFAA in an interview. He admitted remembering drinking 10 beers, but he said he had no memory of the crash or the fiery explosion of the tanker truck.
Not long ago, Texas lawmakers responded to the crisis of deadly drunk driving wrecks in our state by passing tougher laws that increase penalties for DWI crashes. The jury viewed Nieves' WFAA interview interview during the trial. And Texas' new, and stronger, drunk driving penalties enabled the jury to give Nieves the maximum penalty of 20 years in prison and a $10,000 for his crime. He must serve at least 10 years of his sentence before coming up for parole.

Read our Texas DWI accident injury attorneys article here for more information on Texas drunk driving penalties.

On the effect of Texas felony DWI law in cases of multiple convictions

Fri, 04 May 2012 08:00:00 EST

Houston accident attorney remarks that Texas in recent years has enacted stiffer penalties against those who choose to drive drunk. The new laws are part of the response to Texas' ongoing problem of repeat DWI offenders, a rash of deadly DWI crashes, and the state's thousands of drivers who somehow feel that it's perfectly fine to endanger lives, even their own, by drinking to excess then taking to the road. A vehicle driven by a drunk driver becomes a deadly weapon as likely to take the driver's life as another.

But in an unfortunate number of cases, our Houston accident attorneys note that the drunk driver that takes innocent lives in a crash often remains unscathed by the wreck. Let's look at the apt example of William Joe Rhomer, 40, who's been charged will intoxication manslaughter for a Wednesday wreck that took the life of 40-year-old motorcyclist Gilbert Anthony Chavez on San Antonio's North Side. His bail is set at $100,000.

An article in the San Antonio Express-News by Eva Ruth Moravec says that Rhomer admitted to drinking at the Coco Beach bar prior to the crash. The deadly wreck occurred only two blocks away from the bar when Rhomer veered from his lane into a lane of oncoming traffic and crashed head-on into the un-helmeted motorcyclist. Our Houston accident attorneys point out that Rhomer himself was uninjured by the crash that claimed Chavez' life.

The Texas Alcoholic Beverage Commission (TABC) is in the process of investigating whether Coco Beach employees served Rhomer drinks after he was intoxicated. Under Texas law, it is illegal for an alcohol-serving establishment to serve further alcohol to a patron who is already drunk. And a bar, club, restaurant (or its employees) that overserves alcohol to a patron becomes liable for some of the damages resulting from their illegal action.

Rhomer will likely face prosecution for murder under Texas laws. Texas' strengthened DWI laws make third-time DWI charges felonies. And under Texas law, the District Attorney can prosecute a case as felony murder where a death occurs during the commission of a felony act. Rhomer's recent arrest actually makes his 4th DWI charge. He reportedly had previous DWI arrests in 1993, 1999, 2001, and 2007.

According to an Assistant DA on the matter, prosecution of deadly drunken drivers under the felony murder rule could help deter drunken driving and save the lives of innocent people. Rhomer could face a life sentence in prison under the felony murder law.

Rhomer received a sentence of two years after his 2007 DWI arrest. The conviction might have stemmed largely from his belligerence in the police vehicle after his arrest. Texas' stronger DWI penalties and "no refusal" policies were not yet in effect, and Rhomer refused to give a blood or breath sample at that time. He served one year of his two-year sentence before being released on parole in 2010.

Let's hope that Texas' stiffer DWI penalties and felony murder rule keep dangerous repeat DWI offenders like Rhomer off our streets permanently in the future. Read our Houston accident attorneys' account in the linked article of a recent conviction of a DWI offender and the maximum penalties that the jury handed down.

I-10 tanker truck wreck & spill leads to evacuation & highway shutdown

Thu, 03 May 2012 08:00:00 EST

Kelvin Brooks, 29, reportedly admitted to Texas DPS troopers that he had fallen asleep at the wheel of the tanker truck he was driving. And when he awoke to find himself veering off the roadway, he over-corrected for the error and lost control of the ethanol-filled tanker truck. The truck rolled over several times and came to rest in the median between the eastbound and westbound lanes of I-10 between Hamshire and Winnie in Jefferson County, Texas. Our Houston truck wreck lawyers note that the site of the wreck is about 70 miles east of Houston. The tanker truck rollover wreck and hazardous cargo spill occurred about 6:45 a.m. on Wednesday morning.

Kelvin Brooks was hauling the tanker truck full of combustible fuels for Channelview-based Tideport Distributing, Inc. He received transport to a local hospital to be treated for bruises and a cut. He was released after a few hours and then departed the Houston area for parts unknown.

The tanker truck wreck ruptured the tanker. The ethanol in the tanker spilled across the highway, forcing crews to close both the eastbound and westbound lanes of I-10 while they cleaned up the spill. I-10 was not reopened until after the evening's rush hour, and drivers were asked to divert to Highway 90. Some traffic had to be diverted onto the grass to reach the I-10 feeder roads.

The spilled fuel (reported in amounts varying from 1,500 gallons to 8,000 gallons - in any case, a lot of fuel) created a highly combustible and explosive hazard. Our Houston truck wreck lawyers emphasize that the spilled chemical is also a dangerous respiratory irritant. Consequently, homes and businesses within about a two-mile radius of the spill were evacuated for most of the day. And nearby Hamshire-Fannett High School remained under a "shelter-in-place" order for several hours as the immediate danger from the spill was contained. No explosion, fire, or injuries were reported.

Containment of the ethanol spill and its dangers involved sealing the ruptures in the tanker, and then drilling into the tank to pump the remaining fuel into another, intact truck. Cleanup crews covered the spilled fuel with flame retardant foam to inhibit fire dangers, and then pumped the hazardous chemical into another container. Our Houston truck wreck lawyers were pleased to learn that the grassy median area where the tanker truck landed after the wreck will be dug up and decontaminated according to Texas DPS. Personnel and equipment from local refineries responded to the scene to help in the cleanup.

The extra step of digging up and decontaminated the area is actually a very responsible act. You might remember our Houston truck wreck lawyers' articles on the ongoing hazards and injuries caused to workers from a 1980 truck wreck and chemical spill in Australia. In that case, authorities simply buried the hazardous materials at the site of the wreck and did not fully disclose the extent of the danger. The danger apparently included the spill of hazardous radioactive materials. Workers involved in the 1980 cleanup have experienced ongoing health problems, and workers digging at the site just recently as part of a highway upgrade project became ill and received hospitalization for what some doctors are calling radiation exposure.

Our Houston truck wreck lawyers laud our Texas DPS and clean up workers for taking the extra, responsible step of digging up the contaminated site to minimize the dangers from the spill both to present and future generations of Texans. We're all for keeping Texas as clean, beautiful, and hazard-free as we can.

Indiana responds to deadly stage collapse with new inspection rule

Thu, 03 May 2012 08:00:00 EST

Indiana has responded to the disastrous results of the deadly concert stage collapse in high winds with a new safety inspection rule covering temporary stage rigging that was called urgently needed by the chairman of the Indiana Fire Prevention and Building Safety Commission. The new rule is only a temporary emergency measure until Indiana passes a law governing the subject. Our stage collapse lawyers specify that the new safety inspection rule requires inspection of concert stage riggings that support overhead sound, video, or other equipment.

Such rigging is the type that collapsed suddenly and heavily in high winds during a storm last summer on August 13th at the Indiana State Fair, killing 7 people and injuring dozens more. Those killed and injured stood in the VIP area right beside the concert stage or on the stage itself.

Our stage collapse lawyers note that the new safety inspection rule does not apply to such permanent structures as a park's permanent band shell. State inspection laws already cover those types of permanent structures. But Indiana laws left a gap in inspection regulations relating to temporary structures and their rigging. In the wake of the deadly Indiana State Fair's concert stage collapse, safety officials and lawmakers are now addressing that gap.

Specifically, the new safety inspection rule applies to rigging that is not attached to the stage platform and that holds equipment. Our stage collapse lawyers also mention that the new rule also requires landlords over the property where concerts are held to develop an evacuation plan and create "set-backs" away from the stage to protect concertgoers in the event of a stage collapse.

The new safety inspection rule for outdoor stage rigging and related temporary structures is an emergency measure required under legislation signed into law last month by Indiana's governor. During the summer, a legislative committee is scheduled to draft recommendations for the next legislative General Assembly to consider in order to pass a permanent law covering the structures.

The State Fire Marshall stated that his office would carry out the necessary work to inspect temporary stages and their rigging. But he cautioned that people should not assume that the new safety inspection rule is a failsafe that will prevent all future tragedies. He said, "You never want to assume you can eliminate risk. Weather is always an unpredictable factor."

For more information on how weather forms a prime risk factor for outdoor stage collapses, read this linked article by our stage collapse lawyers discussing the topic.

Truck driver dies in fiery US 290 crash on Monday

Mon, 30 Apr 2012 08:00:00 EST

Houston truck accident attorneys note a tragic, fatal truck wreck that claimed the life of a truck driver on Highway 290 today. The driver of a heavy asphalt truck apparently struck a concrete highway barrier, which flipped the truck onto its side and trapped the driver in the cab of the rig.

The big rig wreck occurred after 1 p.m. on US 290 near Hegar Road. The truck's load of hot asphalt spilled across the pavement, and the wreck ignited in a fiery blaze as the driver remained caught in the crushed cab. The truck driver died at the scene of the inferno. A witness reported that nothing was left of the truck's cab after the blaze.

Crews closed all westbound lanes of 290 for several hours to clear the wreck, clean up the asphalt spill, and repair the damaged pavement. Eastbound traffic was confined to the shoulder. Authorities are in the process of investigating the cause of the tragic truck wreck.

The Houston truck accident attorneys at Denena & Points have the family and friends of the victim in their prayers tonight. We hope that investigators are able to help them find closure by uncovering the cause of the tragic, fiery wreck.

Transportation Secretary's proposed ban on cell phone use while driving: overkill?:

Mon, 30 Apr 2012 08:00:00 EST

The Galveston accident lawyers at Denena & Points note that Reuters reported recently that the U.S. Transportation Secretary, Ray LaHood, has called on the government to pass a federal law that would ban talking or texting on a cell phone while driving any type of vehicle on any roadway in the United States. Secretary LaHood believes that this comprehensive ban is the only way to address what he called a "national epidemic" of distracted driving. Mr. LaHood was speaking at the distracted driving summit conference that was held earlier this month in San Antonio, Texas.

Our Galveston accident lawyers ask why no one seems able to solve a problem anymore without resorting to draconian, zero-tolerance solutions that might create nearly as many problems as they prevent?

The U.S. NHTSA attributes approximately 3,000 of last year's roughly 30,000 fatal traffic accidents to distracted driving. Safety advocates maintain that using a cell phone can delay your reaction time in traffic as much as a blood alcohol level of .08% (the legal limit for alcohol in the body).

The president of the National Motorists' Association, Gary Biller, states that Secretary LaHood's drastic proposal isn't necessary. Biller maintains that existing laws against distracted driving already serve the purpose that Mr. LaHood's proposed ban would serve. All U.S. states have some laws governing inattentive driving; 38 of these states also have laws specifically restricting the use of electronic devices while driving. Biller says that investing the money into string educational campaigns to discourage distracted driving would be more effective.

And al drivers are probably aware that their distractions on the road are by no means limited to talking or texting on a cell phone. Changing the music in your vehicle, checking directions to a destination, dealing with chatty or unruly passengers, having a snack, spilling a soda, or having a striking billboard or particularly questionable yard art catch your attention could all take your attention from the road at a critical moment. People were having wrecks caused by distracted driving long before cell phones were invented.

Secretary LaHood said that his department is looking into the effect of hands-free devices on driver performance behind the wheel. In the opinion of our Galveston accident lawyers, the government can pass all the laws it likes regarding driver attentiveness to the road. But in a society governed by fast paced changes, increasing demands on one's times, decreasing attention spans, and a media that thrives on spectacular bursts of sound and images that "pop," our Galveston accident lawyers realize that distracted driving probably can't be effectively prevented or outlawed.

Tent collapse in St. Louis injures 100 sports bar guests; takes 1 life

Sun, 29 Apr 2012 08:00:00 EST

Structural collapse attorneys note another tragic and deadly accident related to strong storm winds. Our hearts are with the victims and their families after this disaster. A tent that had been set up outside Kilroy's sports bar in St. Louis collapsed just before 4 p.m. on Saturday afternoon after a gust of wind ripped tent poles from the ground. Around 200 people were inside the tent at the time of the collapse. Kilroy's patrons had been celebrating the St. Louis Cardinals' victory over the Milwaukee Brewers at a nearby stadium.

Downtown St. Louis, the site of Kilroy's, had been under a severe thunderstorm warning at the time the tent collapsed. Reportedly, a strong gust of wind suddenly hit the tent and pulled it from its foundations, sending part of the tent collapsing into a nearby elevated railway. The strength of the wind shattered the tent's aluminum poles as it sent the tent and much of its contents airborne.

Debris went hurtling through the air after the blast. The speed of the deadly wind gust registered at more than 70 mph. Our structural collapse attorneys point out that the sports bar tent, which reportedly possessed a valid permit and met safety standards had passed a city inspection just a couple of weeks previously. The tent was designed to withstand wind speeds of up to 90 mph.

Parts of western Illinois and eastern Missouri spent parts of Saturday evening under severe thunderstorm and tornado watches. A tornado watch for downtown St. Louis expired prior to 7 p.m.

The tent collapse injured 100 people, and 1 man died in the collapse of an apparent heart attack. 17 people were hospitalized and 4 of them were initially listed in critical condition. Among the more minor injuries were many bruises, sprained ankles, and cuts.

A deputy fire chief in St. Louis cautioned that tents are by their nature temporary structures, and never a safe place to be during severe weather. The tent collapse has raised questions about safety and standards relating to the large tents that often go up in St. Louis for special occasions and sports-related gatherings.

A spokesperson for the St. Louis Mayor's office said that it remains unclear whether adequate safety regulations were in place and were being followed on the day of the deadly tent collapse. He mentioned that they needed to know whether the tent had been modified since its inspection, and speculated that the injuries could simply have been the result of people not paying sufficient attention to severe weather warnings.

Our structural collapse attorneys realize that especially in areas that have entire seasons filled with severe weather, people do tend to become used to the phenomenon and ignore weather warnings. Read our structural collapse attorneys' discussion regarding recent deadly weather-related outdoor structural collapses and what to do about them.

Odd conjunction of details that should tell a drunk driver to sober up

Sun, 29 Apr 2012 08:00:00 EST

Montgomery County accident lawyers share that every once in a while you run into an event (it can be of any type, good or bad) where the totality of the circumstances makes you think that maybe a greater power was trying to tell someone something. A recent Montgomery County drunken driving wreck with injuries seems to present such an event.

Our Montgomery County accident lawyers ask you to look at the totality of the circumstances that befell 25-year-old Calli Dretke, who experienced a wreck on Sunday morning in Montgomery County, TX. Accounts of the incident attribute the wreck to drunk driving.

Dretke slammed into a police vehicle.

That police vehicle was the Blood Alcohol Testing van used to measure the intoxication level of suspected drunk drivers. (The van had arrived to help police test another suspected drunken driver already pulled over by police.)

The wreck injured one of the police officers at the scene. (The wreck broke the officer's leg as he tried to jump out of the way of the out of control vehicle.)

The resulting charge is felony intoxication assault, rather than the simple Intoxication Assault charge one would receive for injuring someone who wasn't a peace office.

Dretke is married to a Houston firefighter. Firefighters generally are experienced first responders who have occasion to see some of the worst results caused by drunken drivers. If the Dretke couple ever talks shop, Ms. Dretke should have known better than to drive drunk.

Dretke is reportedly director of marketing and community outreach and relations for a local hospital.

On the up side, Dretke only had to spend one night in jail for her crime.

But don't incidents like this almost feel like some higher authority to teach someone a lesson orchestrated them? Our Montgomery County accident lawyers suggest that perhaps it's a lesson not to drink and drive. News accounts state that the injured police officer will make a full recovery from his injury. (They don't mention the cost to repair the testing van or the two other police vehicles that Dretke struck after bouncing off the van.) But one could believe that no serious harm was done in the incident that serves as a very clear lesson on the potential dangers of drinking and driving.

But your experience, as mine, may show that the people who are objects of such lessons rarely perceive them as such and so fail to learn from them. Let's hope that Ms. Dretke sees the lesson and learns from it before she causes or suffers more extensive harm from driving while intoxicated. News media reports that this was her first arrest. Statistics indicate that a small percentage of first offenders arrested for drunken driving learn from that first experience and do not commit further offenses.

The incident on Sunday seems to our Montgomery County accident lawyers to be the very clearest of warnings of the dangers of drinking and driving (arrest, injury, vehicle damage, costs, damage to your reputation). Let's hope that those who drink will take the lesson to heart and seek out designated drivers or taxicabs. Read about the costs of drunken driving at this linked page.

How do we solve the problem of wind-related outdoor structural collapses in the midwest?

Sun, 29 Apr 2012 08:00:00 EST

Structural collapse lawyers note that the fatal collapse of an outdoor beer garden at a sports bar in downtown St. Louis is raising some questions in the city regarding the safety of these outdoor structures and the standards that regulate them. The tent collapse is blamed on a strong gust of storm wind that ripped through the tent and tore it from its moorings.

The tent collapse in St. Louis killed 1 man, sent 17 people to the hospital, left 4 people in critical condition, and injured around 100 of the sports bar patrons. News accounts of the accident mention that the tent met the city's safety standards and that the tent had passed inspection just a couple of weeks previously.

Our structural collapse lawyers point out that the city requires that such outdoor tents be able to withstand wind gusts up to 90 mph. The gust that tore down the tent reportedly measured above 70 mph. Investigators are looking into whether the tent had been modified since its initial inspection and whether safety procedures were followed.

Wind gusts from storms have been blamed for a series of deadly collapses of temporary outdoor structures in recent years. Just days ago, our structural collapse lawyers wrote about the collapse of an outdoor stage at Mt. Herzl, Israel that claimed the life of an IDF officer. And last summer, the disastrous Indiana outdoor concert stage collapse claimed several lives and injured dozens more. Particularly in the Indiana accident, controversy centers on the failure to evacuate the premises during storm warnings.

Strong storms and high storm wind gusts are not going to go away any time soon. And people are probably not going to become any more likely to take heed of inclement weather than they are now. Too often, sensationalist storm warnings and frantic calls to take shelter or evacuate become ridiculous when storms change course or peter out before reaching its expected destination. And so people develop inclinations to ignore such storm warnings.

There seem to our structural collapse lawyers to be two primary approaches to the problem of deadly collapses of temporary outdoor structures from high winds:

Vastly increase safety standards and regulations. Note that this approach would likely render the use of temporary outdoor structures too costly and impractical. Such safety standards might, in effect, render these structures only marginally distinguishable from permanent, indoor structures.

Make evacuation of outdoor events and temporary outdoor structures mandatory in the event of any severe storm warning or severely inclement weather. This approach has the possibility of causing injuries from the forced evacuations and chaos that could result from repeated evacuations of large gatherings. It might also render all large, outdoor gatherings impractical throughout much of the nation for much of the year.

But somewhere between no reaction to the problem of wind-related outdoor structural collapses and overreaction there might be a sensible solution based on a modification of existing safety standards and severe weather policies and procedures. Any practical solution will also have to balance the costs of potential injury liability against the costs of disrupting large gatherings and highly anticipated outdoor events.

In the Indiana stage collapse disaster, it has been suggested that better training of event personnel regarding safety procedures, a clearer chain of authority, and better safety planning could have helped avoid the results of the stage collapse.

Regarding the Mt. Herzl incident, authorities seem to suggest that better oversight of the negligent personnel responsible for constructing the stage might have prevented fatal injuries.

It will be interesting to hear the conclusions of the St. Louis authorities investigating the tent collapse, especially regarding whether they find any deviations from the safety standards that the tent reportedly met.

To learn about the detailed of the St. Louis collapse, read our structural collapse lawyers' description of the incident in the linked article.

Matthew Shelton charged in fatal Galveston seawall DWI accident

Sat, 28 Apr 2012 08:00:00 EST

Galveston pedestrian injury lawyers report that Matthew Shelton faces felony drunk driving charges after tragically killing two men and their dog on the Galveston seawall on Wednesday evening. A judge set Shelton's bond at $100,000. 27-year-old Matthew Shelton of Galveston has been charged with two counts of intoxication manslaughter in the fatal seawall wreck.

According to Galveston police, Shelton was westbound on Seawall Boulevard near 13th Street when he lost control of his vehicle and fatally struck Steven Hunt and Joseph Owen, both of Galveston, who were out for a sunset stroll with their dog. Shelton and his passenger in the vehicle received transport to a local hospital in stable condition following the deadly crash. Witnesses reported that Shelton's vehicle narrowly avoided hitting several other people also out for walks on the seawall.

The Galveston pedestrian injury attorneys at Denena & Points convey our deepest sympathies to the family and friends of the two Galveston men who so needlessly and untimely lost their lives to a drunk driving crash.

Readers may remember another recent fatal seawall accident our Galveston pedestrian injury lawyers posted in October 2011 when Felix Garza of Texas City, while driving drunk, struck and killed Amanda Medlock. Garza was charged with DWI for the third time following that deadly seawall wreck. You can read the discussion of that tragic accident at this link.