What This Blog is All About
This blog was started as a source for information and news regarding Texas personal injury accidents. This blog has since evolved to feature related stories from all over the country.
Additionally, we hope our blog provides a place for personal injury victims, their family members & loved ones to express their concerns, raise new questions, or to share memories of a loved one who has suffered as a result of such an accident. We update our blog daily and will be happy to keep any and all memories or comments posted live for visitors to view at any time.
A large fire and explosion occured this morning in an Industrial area in central Dallas.
Southwest Industrial Gases Inc. a welding supply company erupted in flames around 9:30am this morning. Schrapnel and debri were seen flying from exploding fuel tanks. Highways I-30 and I-35 intersection was shut.
There is no word on injuries at this time … (10am). Well report back later with more details as they unfold.
As wrongful deaths are linked to faulty products medical negligence intentional violence dangerous driving and other extenuating circumstances here are a list of resourceful associations and links:
Health and Medical
Consumer Safety
- Consumer Product Safety Commission http://www.cpsc.gov — Government sponsored website details information reports and news on consumer product safety.
Motor Safety
- National Highway Traffic Safety Administration http://www.nhtsa.dot.gov In the realm of driving safety in America this government-sponsored site provides information on highway safety and fatalities.
Firearms and Safety
- Violence Policy Center – Product Liability — Press releases research assessments and fact sheets on firearms product liability.
Statutes of Limitations and the Wrongful Death Claim
There’s no time like the present to file a wrongful death claim. Just as civil actions carry an expiration date or a statute of limitation so do civil wrongful death claims. When an action is not filed within a designated timeframe plaintiffs and victims forfeit the right to recuperate financial damages.
From state-to-state the time limits for filling a wrongful death claim vary in the limitations’ starting and ending points. Not to mention the various kinds of damages and financial recoveries differ significantly. While certain states theorize that everyone is entitled to take action in wrongful death situations differing localities make restrictions on wrongful death claim entitlements.
Other states impose strict wrongful death laws and time spans following the date of the discovery of facts from which it was known. Consequently time is of the utmost importance in consulting an attorney subsequent to a potential wrongful death. An experienced lawyer with litigating wrongful death claims can assess the magnitude of incurred losses.
As Texas leads the nation with the largest motorcycling population it has its share of motorcycle accident fatalities. Over the last decade the rate of motorcycle fatalities has been soaring at high velocities across the United States.
- Texas
- Illinois
- California
- Florida
- New York
- Pennsylvania
From the year 1995 through the year 2000 the number of motorcycle accidents in Texas jumped to almost 20 percent. Compared to the rest of the country’s zero percent increase in motorcycle crashes and fatalities Texas’ accelerated surge was the cause of much concern.
In an effort to quell the growing number of Texas motorcycle accidents an organization called the Center for Transportation Safety (CTS) was incepted in June 2001. As a chapter of the Texas Transportation Institute the Texas Senate passed Bill 586 to create awareness and prevent the number of motorcycle accidents in not only Texas but across America as well.
As the home of an automated pedestrian simulator as well as an interactive simulator the Center for Transportation Safety offers a plethora of innovative resources for researchers. The Center for Transportation Safety is comprised of professionals varied specialties. These experts are from a cross-sector of disciplines:
- Education
- Engineering
- Law Enforcement
- Public health and Safety
The CTS is committed to enhancing transportation safety and has a full agenda in the works:
- Devise new strategies on improving transportation safety
- Identify and communicate traffic obstacles and precise solutions to legislators
- Motivate the public on the importance of practicing driving safety
- Extend technical support to state county and local municipalities
- Conduct transportation safety research and analysis
In coming years the Texas Center for Transportation Safety (CTS) in conjunction with municipalities across the state of Texas plan to reduce the number of motorcycle accidents to fewer than 300 a year. With research awareness and responsible driving the number of motorcycle accidents in Texas will continue to diminish making the roads a safer place to ride.
Scaffolding Injuries – QA
What is scaffolding?
Scaffolds are prevalently used to accommodate working heights in construction interior/exterior design and built to support platforms. Best defined as a temporary structure scaffolding can be built to dismantle and make alterations. As a result scaffolding injuries are common amongst construction workers.
When are most scaffolding injuries prevalent?
Scaffolding injuries are prevalent during either the construction or dismantling of the scaffold.
When are workers more prone to be at risk of a scaffolding injury?
Although scaffolding injuries can happen at anytime scaffolders face higher risk during any of the following situations:
- Internal falls: placement and the removal of scaffold plants
- External falls: Falling drops from the open sides or ends of the scaffold
- Climbing falls: Occurs from mounting the side lift of the scaffold to the next one
What is the cause of most scaffolding injuries?
Most scaffolding injuries could be prevented by better design.
Which are more common scaffolding injuries derived from height or on the same level?
According to research and statistics scaffolding injuries from height outnumber the accident rate of falls from the same level by more than 10 percent.
Do lawyers handle scaffolding injury cases?
Absolutely an experienced personal injury lawyer can consult employees were involved in a scaffolding injury.
Are wheeler accidents more prevalent in certain parts of the country than others? According to Fatality Analysis Reporting System (FARS) one southwestern state maintains the lead in big truck crashes.
It’s no secret that the state known for everything big Texas has a reputation for having the highest number of wheeler accidents. For years the number of truck crashes in the Texas has motivated key officials departments and organizations to evaluate the cause and effects of these fatalities.
In an effort to reduce the cost and rate of 18 wheeler accidents the Fatality Analysis Reporting System (FARS) and the Motor Carrier Management Information System (MCMIS) started assessing safety problems in specific geographical regions and comparing Texas accident statistics to national crash figures.
Texas Large Truck and 18-Wheeler Accident Facts
Review the 2005 composite of big truck and wheeler accidents in Texas below.
- More than 15000 large trucks and 18-wheelers were involved in non-fatal crashes Six thousand of the non-fatal wheeler accidents resulted in injuries
- Large trucks were implicated in 455 fatal accidents
Did you know? The Houston-based company Incident Management Services responds to major 18-wheeler accidents only.
- More than 500 lives were claimed in 18-wheeler accidents
- 9692 injuries were sustained from crashes with large trucks
- Over 9000 18-wheelers were involved in tow away accidents
Resource: http://ai.volpe.dot.gov/CrashProfile/CrashProfileMainNew.asp?STATE_ID=TX&dy=200
Breaking Physician-Patient Privileges in Wrongful Death Cases
What is at physician patient privilege and how does it impact a wrongful death case?
All states adhere to laws on maintaining a patient’s medical privacy. The physician patient privilege protects patients’ confidentiality by mandating that a physician must get approval to release a patient’s medical files. Amid a wrongful death suit when attorney needs to review the medical record to prepare and prove the case obtaining medical evidence become mission critical.
Physician patient privileges are often a major issue in wrongful death lawsuits. Doctors are unauthorized to release medical records without the consent of the patient or the person who passed away. As with any law there are exceptions. Certain states allow the right to waive the physician patient privilege for the following individuals:
- The next of kin
- A surviving spouse
- A personal representative of the decedent
In a wrongful death case the physician-patient privilege quandary protects the confidentiality of the deceaseds’ medical records and does not expire upon the decedent’s death. At the same token many physicians and hospitals prefer not to provide lawyers with copies of their medical files.
Whiplash-related injuries are prevalently misconstrued by many misconceptions and misnomers. Over the years the distinctive injury has acquired a negative connotation per se. To demystify whiplash injuries review the most popular myths and facts:
Fact or Myth: Whiplash is a fabricated injury.
In actuality whiplash is a laymen’s term and is dubbed as any of the following:
- Hyperextension injury
- Cervical sprain
- Cervical strain
Fact or Myth: Whiplash occurs in head-on collision accidents only.
On the contrary whiplash related injuries are more common in rear-end collision automobile accidents. When a car is hit the impact causes the head to snap back forcefully and then forward thus triggering a whiplash injury.
Fact or Myth: Whiplash happens as the result of high-speed accidents only.
Regardless of speed whiplash injuries can happen as a result of driving at a low speed. Whiplash is the outcome of an unforeseen accident. The unexpected impact of a collision harms the ligaments in the neck vertebrae muscles and other affected areas.
Fact or Myth: Whiplash is the result of only a car accident.
Although whiplash related injuries are prevalent following a car accident the strain is possible in any collision situation where the head is suddenly forced to rock back and forth.
Fact or Myth: Whiplash Injuries are easily and immediately identifiable.
Factually whiplash injuries are not immediately identifiable. Following a car collision most victims are in an excitable state – making it hard to recognize the symptoms of whiplash.
Fact or Myth: Because whiplash is psychological there are not any symptoms.
From person to person the symptoms of whiplash may vary; however here are the most common symptoms associated:
• Back pain
• Dizziness
• Headaches
• Minor to severe neck pain (a dull ache)
• Neck stiffness and tightness
• Impaired equilibrium and balance
• Inability to focus or concentrate
• Memory difficulties
Fact or Myth: In cases of whiplash victims should call an attorney before their general physician. Wheeler Driver Fatigue
Individuals suffering from a whiplash injury should consult a lawyer because they maintain a list of practitioners who specialize in treating whiplash related injuries.
Which states require motorcycle helmet use and do those laws come with other compliance standards? While there are some 6 million motorcyclists riding the open highway the laws of motorcycle helmet use vary from state to state. Certain states mandate everything from the style material to the grade of thickness of a helmet. In 21 states laws require motorcyclists to wear helmets:
• Alabama
• California
• District of Columbia
• Georgia
• Louisiana
• Maryland
• Massachusetts
• Michigan
• Mississippi
• Missouri
• Nebraska
• Nevada
• New Jersey
• New York
• North Carolina
• Oregon
• Tennessee
• Vermont
• Virginia
• Washington
• West Virginia
According to a survey conducted by the National Center for Statistics and Analysis of the National Highway Traffic Safety Administration over fifty percent of American motorcyclists used DOT-compliant helmets in 2006. Thats roughly a three percent growth rate from 2005. On the contrary the same research study showed that the non-compliant helmet use continues to hold at 14 percent.
Non-compliant helmets include any of the following:
• Insufficient thickness
• Inadequate protection coverage
• Lack of cushion and head trauma protection
Across the country the number of motorcycle riders using a helmet during rush hour has plummeted to 42 percent.
During 2006 the west coast saw a significant improvement in the use of DOT-compliant helmets (72 percent)
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