Slight Rise in Fatal 18-Wheeler Accident Numbers

Submitted by jrlaw on Feb 10th, 2015

Growing Number of Truck Accident Fatalities

Fatal 18-wheeler accident numbers continue to go up, while overall highway deaths decline in 2013.

Crashes that involve large trucks create serious problems, and even though the increase in 2013 was not substantial, it still indicated an increase in the number of fatalities involving large trucks for the fourth straight year.

Statistical Recap

In 2013, the number of fatalities that involved 18-wheeler trucks increase slightly by 0.5 percent: 3.964 people compared to 3,944 people in 2012. These figures were reported December 19th, 2014, by the National Highway Traffic Safety Administration (NTHSA).

In spite of the fact that the increase in deaths was small, it doesn’t change the fact this there has been an increase every year for the past four years with 2009 being the last time there was a decrease. According to reports by the NHTSA’s Fatality Analysis Reporting System data, there was a low point in fatalities in 2009. In 2012 there were 104,000 injuries in accidents involving large trucks, and in 2013 the total number of injuries declined to 95,000.

Medical Malpractice Tort Reform in Texas

Submitted by jrlaw on Feb 2nd, 2015

Texas Tort Reform

Thanks to tort reform passed back in 2003, it is extremely difficult for loved ones of individuals who have died in the hands of negligent medical practitioners to sue and recover adequate compensation.

As of September 2003, the amount one could recover in a medical malpractice lawsuit, as far as noneconomic damages were concerned, was capped at an arbitrary amount of $250,000. Why? Voters were told this tort reform would help stop frivilous lawsuits. In reality, it does nothing to protect against merritless lawsuits, and instead only hurts the victims who were most-seriously injured or killed.

Does a cap on damages prevent lawsuits? No; it prevents the insurance company from having to pay victims more than $250,000.

What State Has the Worst Drivers? Where Does Texas Rank?

Submitted by jrlaw on Jan 20th, 2015

Worst Driving States

A recent survey carried out by a car insurance comparison company ranked Texas among the top states which have the worst drivers in the country.

The survey looked at several variables such as drunk driving, failure to obey traffic rules, careless driving and speeding, and collated the data to come up with the rankings.

Texas was ranked #3 - third worst! One of the reasons why Texas is featured among the top three happens to be due to the prevalance of drunk driving in our state.

When the KVUE CBS channel decided to interview Texans to find out why the state has such a bad record with regard to driving, most respondents had surprising reasons. Some blamed the fact that "people are moving to Texas from other places in the country and bringing their bad driving with them." Many others opined that mobile phone use was to blame.

Decline in Traffic Fatalities Shows Long-Term Trend

Submitted by jrlaw on Jan 9th, 2015

Car Accident Deaths Continue to Decline

Car accidents may be one of the most common causes of deaths, but this trend appears to be on a downward spiral.

While a reduction in highway deaths is great news, there are still many thousands of people losing their lives on the nation’s highways every year according to the National Highway Traffic Safety Administration.

Statistical Overview

Between 2004 and 2013 the percentage of fatal traffic accidents in the US declined by nearly 25 percent! Still though, we need to understand that the numbers are still extremely high. The NHTSA reported that there were 32,719 people killed on the nation’s highways in 2013 alone.

The agency also reported that from 2012 to 2013 car accident fatalities went down by 3.1 percent, which takes us to a historic low of 1.1 deaths for every 100 million vehicle miles traveled. Some of the other key statistical factors include the following:

The Virginia Graeme Baker Pool & Spa Safety Act

Submitted by jrlaw on Dec 22nd, 2014

The Virginia Graeme Baker Pool & Spa Safety Act

December 19th marked the 7th anniversary of a piece of legislation that changed the way we as a country look at pool safety.

This date marks the enaction of the Virginia Graeme Baker Pool and Spa Safety Act, which was passed in response to tireless lobbying by the parents of a little girl who lost her life in a pool due to the inherently unsafe design of a powerful suction drain.

Who Was Virginia Graeme Baker?

Virginia Graeme Baker was a girl who loved to swim. In fact, she loved it so much that she learned how to swim by age 3. She was also a celebrated athlete in her neighborhood, competing in swimming competitions in her neighborhood’s community pool on several occasions.

One fateful day in 2002, the little girl (together with 5 other girls and her mother) went to a graduation party for the afternoon. Before long, Virginia jumped into the hot tub to enjoy herself. However, things didn’t go as planned; the 7-year-old got trapped underwater by the pool’s powerful suction drain mechanism and was unable to pull herself free. A couple of adults intervened and were able to pull her out of the pool, unconscious. Despite their best efforts, Virginia was pronounced dead at the hospital, setting off a series of events that would forever change pool safety legislation.

Accident Victim Files First Lawsuit Against Defective Guardrail Manufacturer Trinity Industries

Submitted by jrlaw on Dec 19th, 2014

Three Strikes for Nursing Homes

Following last month's $175 million verdict against ET-Plus guardrail manufacturer Trinity Industries, one victim has filed the first product liability lawsuit related to the guardrail's design in federal court.

When we think of product liability we usually think of consumer products, but there are times when other types of products are involved as well. This is the subject of the lawsuit that was brought against Trinity Industries (a Dallas-based guardrail manufacturer) which accuses Trinity of failure to disclose defects in the guardrails.

Senator Proposes 3-Strike Rule for Nursing Homes

Submitted by jrlaw on Dec 17th, 2014

Three Strikes for Nursing Homes

Texas has had its fair share of bad press when it comes to the level of care provided by nursing homes in our state.

This year, the Lone Star State topped the list chronicling the worst facilities providing nursing home care. A Texas senator has thus taken it upon himself to try to change this outlook by proposing tougher sanctions targeting the worst of the worst with regard to nursing home care.

Mel-Rose Nursing Home Targeted

Senator Charles Schwertner originally proposed recommendations back in August of 2014 after he held a meeting with the Sunset Advisory Committee. He singled out seven nursing homes, with one situated in East Texas. He named Eastwood Care and Rehab (also known as Mel-Rose Care and Rehab), as being one of the worst perpetrators of nursing home regulations licensed by the Department of Aging and Disability Services.

The nursing home administrator allegedly admitted that the home had more than 70 deficiencies before he came in to put a plan in place to turn things around. Mel-Rose, which is now owned by Northcreek Healthcare, received a new license in August of 2014.

Filing a Wrongful Death Lawsuit Does NOT Mean You're Going to Trial

Submitted by jrlaw on Dec 11th, 2014

Settling a Wrongful Death Case Out of Court

Filing a wrongful death lawsuit comes with its challenges, with one of these being whether or not you should pursue the case to trial.

Many people who have gone through such a tragedy do not want a dragged out court case. Luckily, these cases almost never require an actual court trial.

Why Even File a Lawsuit?

If you have a family member who was killed as a result of someone’s negligence, it’s your right and responsibility to ensure that justice is served and your family is taken care of. Holding the liable party (or parties) responsible through a wrongful death claim can have many positive consequences. Not only can it compensate your family for the loss you've suffered, it may lead to better safety standards or the installation of laws which tighten regulations in order to stop similar occurrences from happening. 

In addition, the compensation that you’ll get from winning a wrongful death lawsuit can go a long way in helping with the following

Tie One On for Safety This Season With MADD

Submitted by jrlaw on Dec 3rd, 2014

MADD's Tie One On For Safety Campaign

Statistics state that 1 out of 3 Americans will be involved in a car accident at one point in their lives.

The MADD Tie One On For Safety campaign is an initiative which started in 1986 as the organization’s premiere event looking to improve safety on our roads.

The Tie One On For Safety campaign urges drivers to tie MADD ribbons to key chains and car antennas as well as display a red ribbon decal on their cars to remind them to always have a designated driver whenever they go out drinking. Sign up to get your free ribbon!

Drunk driving has been shown to put drivers, car occupants and other road users at risk exponentially. Here are some startling statistics:

Study: Drivers Know the Risks, But Continue to Text While Driving

Submitted by jrlaw on Nov 24th, 2014

Texting and driving continues to be a problem, and according to a recent survey sponsored by AT&T, nearly all of those who admit to texting while driving admit they know the dangers. Unfortunately, many of these same people also believe that "nothing will happen to me" while behind the wheel of a car.

Survey Overview

Text and Drive Survey by AT&TThe survey of drivers who admit to texting and driving daily produced alarming results. For instance, 98 percent of those in the survey who admitted to texting daily stated they were aware of its dangers. In spite of this knowledge 75 percent of them admitted they engaged in texting while they were driving in spite of the fact the practice is against the law in some states. Even more alarming is the fact that two-thirds said they read text messages while they were stopped at either a traffic signal or stop sign and more than a third admitted they sent text while the car was in motion.

AT&T released the survey during the first week of November as part of a projected campaign against texting and driving, or (more likely) as a campaign for their new DriveMode app which automatically silences text message alerts when a person is moving at least 15 miles per hour.

Syndicate content