Houston motorcycle injury lawyers note that the Governors Highway Safety Association (GHSA) has released a preliminary report on annual U.S. motorcycle fatality numbers using data from the first 9 months of 2011. This report estimates that 2011 will show about 4,500 motorcycle accident fatalities, the same number as for 2010.
By contrast, overall motor vehicle highway fatality rates declines 1.7% in 2011. The overall motor vehicle fatality number for 2011 stands at the lowest number since 1949. Our Houston motorcycle injury lawyers point out that this low number is a remarkable achievement given the far larger number of vehicles on U.S. roads now than in 1949.
The GHSA is an organization linking the highway safety offices of U.S. states, territories, Puerto Rico, and the District of Columbia. The GHSA Chairman, Troy Costales, lamented the lack of progress in motorcycle safety in an MSNBC post on the topic. He pointed to some key factors, remarked in the GHSA study, that seem to contribute to the lack of decline in motorcycle fatality numbers:
A strengthening economy allowing more disposable income for purchasing bikes,
High gas prices that encourage riding of bikes with greater fuel economy, and
Laws that do not require all motorcycle riders to wear helmets.
Many bikers are vociferous in their defense of their perceived right to ride without a helmet. But what if the laws that allowed them to ride without helmets also provided that they were solely responsible for paying the costs of medical treatment for accident injuries attributable to the lack of a safety helmet at the time of the crash. And that if they couldn’t pay, they wouldn’t receive treatment? Our Houston motorcycle injury lawyers wonder, “Would these riders start wearing helmets?”
The dangers of motorcycle accidents and severe motorcycle injuries out on the roads are very real. Our Houston motorcycle injury lawyers understand that most bikers clearly perceive the dangers. A few of the recognized dangers include:
Motorcycle accidents generally present higher probabilities of catastrophic injury or fatality to the vehicles’ riders than car or truck accidents. A biker involved in a crash with a larger, heavier vehicle will tend to suffer disproportionately due to the other vehicle’s greater mass and momentum. The severity of motorcycle accident injuries can lead to huge financial burdens, permanent disabilities, and the need for ongoing medical care.
The injured biker will need to seek all of the financial compensation for the accident for which he might be eligible. It’s helpful for the motorcycle accident victim to have the resources of an experienced and knowledgeable Houston motorcycle injury lawyer at his disposal. The skill and expertise of Texas Board Certified personal injury lawyers like Tony Denena and Chad Points could make all the difference to an injured biker needing to make a successful accident injury claim. Contact Chad and Tony today at 877-307-9500 or use our online contact form to schedule a free and confidential consultation regarding your accident.
The Houston injury attorneys at Denena & Points realize that Houston is known as a hot bed of street racing enthusiasm. Street racers come from all over to engage in the foolish contests along Houston highways and out of the way roads too. But although we in Houston suffer the costly consequences of dangerous street racing activity on a disproportionate basis, the problem is statewide.
Our Houston injury attorneys note that on Wednesday evening, a street racer is thought to have run the car of 25-year-old Eric Arteaga off the bridge and into Leon Creek in San Antonio near Old Pearsall Road and Southwest Military Drive. Authorities think that Eric Arteaga was engaged in a race with the driver who shoved his car off the bridge and then fled when he died.
At the last report we found, police had not yet found the racer whose actions sadly killed Eric Arteaga. Arteaga, like many street racers, probably did not consider the possibility that he could be involved in a wreck and die when he began the race. Many street racers, particularly the young, do not consider these possible consequences. And their friends and families are left to mourn after they so needlessly lose their lives.
Professional racers are all too aware that they could die from their love of the race. They work diligently to enhance the safety of their vehicles and hone their driving skills to avoid such consequences. Recently, following an alarming and deadly crash on the professional racing circuit, these drivers campaigned for tougher safety standards at the tracks on which they race.
Our Houston injury attorneys point out that such diligence and concern distinguishes the professional racer from the casual street racer. The casual street racer, with his reckless disregard for safety endangers not only his own life, but also those of passengers, onlookers, and others, like you, who might share the roads at the time of his race.
Learn about the dangers of street racing to you and your family. Read our linked article on the pervasive problem of street racing in the Houston area.
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.
(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.
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.
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.
Water slides are part of summertime fun for many families. As the heat rises, water slides bring entertainment and provide a way to enjoy the warm outdoors. However, these slides can be deadly, as evidenced by the Manley Toys product.
Banzai Falls Water Slide Leads to Many Deaths
Some months ago, our product defect lawyers chronicled the case of a lawsuit against Toys ‘R Us, which sold a water slide involved in a deadly accident. The suit resulted in a verdict of over $20 million. The focal point of the case was the safety of the inflatable poolside Banzai Falls water slide.
The crux of the lawsuit was a 29-year-old mother’s fatal injury that occurred when the 6-foot Banzai Falls water slide she was on suddenly deflated. It caused her to injure her head and break her neck on the side of the pool.
We note that the manufacturer does not seem to have been cited for misleading advertising.
Cases that the U.S. Consumer Product Safety Commission (CPSC) used in its decision to recall about 21,000 inflatable in-ground Banzai water slides, include a woman from Allentown, PA who fractured her neck when a Banzai slide deflated suddenly, and a man from Springfield, MO who 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.
What Happens Next?
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 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. The barcode number is 2675315734 and the 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 Houston product defect lawyers caution you: don’t risk your future for a little fun in the sun. Decide not to slide.
Learn More
If you have been hurt by a Banzai Falls water slide and are wondering what you should do, call our office today at 877-307-9500. We will explain your legal options.
We have put together a lot of information for consumers impacted by the Banzai water slide. Learn more by viewing the following:
After a Defective Product Wrongful Death Lawsuit & Other Injury Reports CPSC Recalls In-ground Pool Water Slides
Houston Personal Injury Attorney Answers Banzai Pool Slide Questions
Tragic Death Prompts Banzai Pool Slide Recall
CPSC Banzai Water Slide Recall May Prompt Lawsuits
What Happens When a Product Like the Banzai Water Slide is Defective and Causes an Injury?
Do I Need a Lawyer for My Banzai Water Slide Injury?
Types of Compensation Available for Banzai Water Slide Injuries
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.
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.
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:
Remember safe and appropriate riding behaviors:
Wear proper clothing and safety gear:
Choose your route carefully:
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.
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.