A truck rollover accident is terrifying and can take out several cars at once. With their incredible bulk, it only takes a single mistake to tip a commercial vehicle over, which is why drivers are expected to maintain focus at all times. This is difficult to do if the driver is fatigued, under the influence of alcohol, or driving at unsafe speeds. In the event of an accident, though, there will be several sources of information a victim can draw from to prove their claim, and there may be more than one defendant involved, improving a victim’s chances of attaining compensation.
Driver error and mechanical failure are the most common causes of a truck rollover, and it will usually be clear which is in play when a crash occurs. Police reports, witness testimony, data recordings taken from the vehicle, and a state investigation will determine who, or what, was at fault, and this information will help a victim build their case. A personal injury attorney would still prove to be a valuable ally, though, as they can parse through the available information, secure it from various agencies, and help a victim argue for as much compensation as possible. This is especially helpful if the victim is facing long-term or permanent injury, as such injuries are often more expensive to treat than may be initially apparent.
When the Jones Act is involved, a law firm with experience in maritime cases should be called in to represent the claim. This important federal statute is responsible for standardizing many aspects of maritime commerce, and it also protects many seamen in the event of an accident. More than that, though, the statute has greatly improved the safety on vessels, as it forces employers to keep tight controls over their ships.
Maritime commerce is often dangerous, with slips, falls, fires, hazardous chemicals, electrocution, sharp edges, and collisions with heavy equipment all possible. As long as the ship owner and employer are careful, most injuries can be prevented. Unfortunately, many employers are not careful, and this is where the Jones Act is relevant. A law firm that has the statute on their side has a powerful advantage in court. That’s because the statute allows workers to sue their employer for negligence in the event of an accident, and also significantly reduces the burden of proof on the victim’s side. In general, as long as a worker can show that an employer’s negligence was at least partly responsible for an injury, the worker will be able to win a claim.
However, before a worker can use the statute to their advantage, they must prove that they are a qualified seaman. This means the worker must spend much of their time onboard a navigating vessel, a requirement an attorney can help a victim demonstrate.
A Houston area product liability attorney is a valuable ally, capable of protecting a victim who is hurt by a careless company. Defective items are capable of causing all kinds of harm, even leaving a person with permanent injuries in some cases. In general, these claims are filed against the item’s designer or manufacturer, depending on what caused the item’s defect. If it appears the items was built poorly, the manufacturer will shoulder the blame. If there is something inherently dangerous about the item, the designer will be at fault. However, in either case, the victim will have to prove several things.
For one, the victim will have to show that they were injured. This may seem simple, but the victim will need medical evidence to prove it. The victim will also need to demonstrate that the item was defective. This can be done with expert witness testimony. The victim will then have to show that the defect caused the injury, and that they were using the item properly at the time of the accident.
Every step of the way, the defendant will usually resist aggressively, so it helps to have a Houston area product liability attorney on your side. A legal professional will know what information to bring to the claim, and will fight for as high a settlement as possible.
A total of five people sustained injuries requiring medical attention after a serious auto collision Wednesday evening on the North Sam Houston Parkway near Sharmon in north Houston. According to investigators, a family towing a disabled vehicle with an SUV along the frontage road the Tollway had the towing strap brek in the process. A Good Samauritan noted the problem and stopped to help the family in distress. Minutes later as they were attempting to reconnect the tow strap, another vehicle approaching from behind struck them in the rear. The Good Samauritan sustained a head injury while the family, which included a child, were transported to a local hospital.
A three-alarm fire erupted at the Hampton Inn Hotel in Seabrook, TX Thursday afternoon after 4:30 p.m. and burned into the night. The flames engulfed the structure causing a total loss disaster of the Hampton Inn Hotel located on the 3000 block on NASA Road. The fire affected traffic for several blocks in either direction of NASA Road which closed for some time. According to authorities, over 100 firefighters from 10 different fire departments responded to the emergency which limited. Although the investigation is yet to be concluded, some guests mentioned a smell of natural gas prior to the fire breaking out. Should this be the case, an investigation could link any potential gas leak to an array of causes from faulty maintenance to faulty valves or a product defect. When a fire strikes, not only can people sustain the obvious severe burn injuries, but victims very often sustain secondary injuries while running from the flames. These injuries can range from bone fractures to traumatic brain injuries. It is imperative all damages, whether they be material possessions, physical injuries, and or emotional traumas, be properly documented. Fire victims should seek immediate medical attention and consult with a board-certified personal injury lawyer to protect their rights and discuss their options under Texas law.
A drug injury lawyer is an essential and effective layer of consumer protection, ensuring that reckless doctors and powerful pharmaceutical companies are held responsible for their negligence. When patients take their medications, they expect their health to improve, but this is often not the case. If it is not tested and administered correctly, medication can hurt someone badly, leaving them in worse condition than if they hadn’t taken it in the first place. When someone is adversely affected by their medication, it may be the fault of the producer or the prescribing doctor.
The FDA is responsible for approving medications for market, but pharmaceutical companies often push their products for off-label use which is not approved, and may suppress safety research that runs counter to their bottom line. In either case, this represents dangerous, even gross negligence that a drug injury lawyer can attack. For example, if a pharmaceutical company releases their medication to the public, but later finds that it can increase the chances of heart attacks in some patients, they would be negligent if they did not release this information to the FDA, doctors, and patients.
An attorney can also aid a patient harmed by medical malpractice. Doctors must know what medications could harm their patients and must inform their patients of any safety risks. However, many medical professionals fail in this regard, exposing their patients to unnecessary danger.
Pharmaceutical companies and physicians must act responsibly when producing and doling out medication to patients, most of whom don’t have the information to make completely informed decisions. When this trust is taken advantage of, an attorney can help a victim fight back.
Legal experts are bracing for an onslaught of Medtronic bone graft lawsuits, and their number is growing by the day. This implant was initially hailed as a huge step forward for spine surgery, but now there’s nothing but controversy surrounding it. For the most part, the controversy is due to the company’s unethical business practices, as it has been used off-label extensively. This has led to a number of concerns about the implant’s side effects and long-term viability.
Most Medtronic bone graft lawsuits make two primary claims – that the company lied about the safety of its product, and that the company unethically pushed doctors into using it in procedures it was not approved for. With investigations from the Department of Justice and Senate Finance Committee on record, both claims have been unquestionably proven. The company has long pushed for doctors to use the implant in cervical spine surgeries, and this has led to inflammation around the neck area causing restricted airflow, chronic pain, nerve damage and debilitating weakness. Many people who have received the implant can no longer work due to worsening pain and weakness.
The company also spent $200 million on study authors to get them to publish favorable safety reports on the implant. Such malfeasance is extremely dangerous to consumers, and likely means that the company will not only pay out injury settlements, but punitive damages as well.
People who have been harmed by the implant are encouraged to speak to an injury attorney, as hundreds of claims are being organized into courts now.
On an active oil platform, the risk of a rigging injury is just part of the job. On some platforms, though, the risk is out of proportion, usually because critical safety procedures are not being followed properly. Whenever a serious accident occurs, such as an explosion or fire, investigators inevitably find safety infractions, some of which go all the way to corporate management of the platform. For example, investigators found that the Deepwater Horizon explosion and oil spill was caused, in part, by BP’s insistence on maintaining productivity on the platform.
A rigging injury can be caused by falling tools, a lack of warning signage, heavy equipment that is handled inappropriately, hazardous materials or a lack of fall protection. Serious accidents are usually the result of poor drill control and faulty safety mechanisms responsible for controlling pressure or temperature inside the drill head.
There is a high incidence rate of burns and trauma among hurt oil platform workers, and both can leave a victim affected for life. Burns can disfigure, reduce mobility and cause chronic pain. Trauma can leave a person without the use of their limbs or unable to focus on mental tasks. In either case, a worker may be unable to return to work and will have to adjust to a new field or retire altogether. An attorney will help a victim get the financial help they need to make the transition, and protect the worker’s rights from an aggressive employer looking to dodge responsibility.
Blue Bell may be a Texas staple, homegrown in the heart of the state and standing for more than a century, but a worrisome listeria outbreak at the creamery’s facilities is threatening its reputation, and the people who buy its products. For weeks, the company began recalling some of its ice cream products, but now the recall has expanded to all of the brand’s items, including frozen yogurts, sherbets and various frozen novelties. The fear comes from the unknown source of the infestation, which the company insists it is getting close to discovering. Until then, though, all of Blue Bell’s products should be avoided or discarded, even if consumed without symptoms.
As of April 2015, 10 people have experienced symptoms linked to the contamination, including three in Texas and five in Kansas. Three of the Kansas cases ended in the patients’ deaths, so this is a serious concern for consumers who regularly purchase the company’s products.
What’s worse, the CDC has tracked these cases and found that the contamination may date back as far as 2010, suggesting long-term negligence by the company, and a lack of quality controls. The fact that consumers were not informed of a possible outbreak is perhaps even more worrying.
The bacteria is not normally a major threat to healthy people, whose immune systems are adept at eliminating the bacteria. However, it is a serious concern for immune compromised people and pregnant women, as the bacteria is capable of infecting the amniotic fluid and placenta nourishing a developing baby. Pregnant women who suffer from listeria infection are much more likely to experience miscarriage or premature delivery. And developing children may be born with profound health complications, such as mental retardation.
Blue Bell insists that it is close to finding the cause of the contamination, but the company should never have kept it a secret in the first place. And it must answer for its lapse in quality controls. Lawsuits are beginning to form against the ice cream giant, and victims of listeria contamination are encouraged to come forward and explore their legal rights.
The stories covered over the weekend include several fatal crashes.
A fatal motorcycle crash claimed the life of a man early Saturday morning in southeast Houston. According to local authorities, the motorcycle collided into the rear of a pickup while traveling down the Gulf Freeway near Tallyho Road. As if this initial impact was not enough, a Cadillac and another pickup ran over the motorcyclist pinning him under the pickup. Authorities are investigating the original cause of the incident.
On Saturday evening, the Arrellano family was on their way home after a long day working at Margaritas Mexican Restaurant located in Montgomery County. Little did Kelly, 21, Christian, 18, and Elvira, 44, know an alleged drunk driver had arranged other plans for them. According to investigators, the Arrellano family was traveling northound on FM 3083 while Jovani Garcia-Cruz, the alleged drunk driver of a Chevy Trailblazer, was approaching from the opposite direction. Garcia-Cruz, 24, lost control of his vehicle veering into oncoming lanes crossing in front of the Arrelano vehicle, which struck the side of the Chevy Trailblazer causing it to flip. Several people in the Trailblazer sustained injuries while Mario Alberto Garcia, 24, died at the scene. Multiple ambulances transported the injured parties to local hospitals. The authorities arrested Garica-Cruz for driving while intoxicated and faces felony charges.
In today’s stories, we will cover a fatal motorcycle crash and several vehicles crashing into buildings.
A motorcycle crash during the early morning hours of Friday results in the death of a woman and severe injuries to a man in north Harris County. According to local authorities, the pair was traveling westbound on the 200 block of F.M. 1960 and East Gatewick when the man lost control after hitting a curb. Raquel Nazario died at the scene of the incident while an ambulance transported the man to Ben Taub General Hospital. The investigation remains open regarding any potential contributing factors related to the tragic outcome.
Two separate incidents involving single-vehicle collisions occurred on Friday where vehicle crashed into businesses. First, a vehicle slammed into the Best Donut located on the 9400 block of Pearland Drive in Pearland, TX. The Pearland fire Department responded to the scene. Authorities continue investigating the cause of the incident. Similarly, an SUV lost control later in the day and smashed into an OBGYN clinic in Friendswood, TX. The clinic is located on FM 518 and Edgewood Drive. While these incidents are still under investigation, the possibility exists of it being the result of a defective brake which would make this a product liability claim. Would you know what do if this happened to you?