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Some difficulties you face in a case subject to admiralty/maritime law

Our Galveston maritime injury lawyers point out that admiralty law (also called maritime law) constitutes an extremely specially, highly complex field of law.

  • Admiralty law continues to evolve at a fast pace under increasing pressures from new technologies, trading patterns, resource competition, and other issues that affect our use of and travel on the seas.
  • The body of admiralty law and practice varies widely between jurisdictions. If you suffered a maritime injury, you might be confused as to whether your case is subject to U.S. admiralty law, the international law of the seas, or some other body of maritime law. A skilled maritime lawyer with thorough legal knowledge of the field could examine your case and help you identify the governing laws as well as liable parties for your injury.
  • Only a small percentage of lawyers ever have any contact with admiralty law and issues in their careers. Maritime issues can be so tangled and complex that you need a lawyer with practical experience and in-depth knowledge of admiralty law to effectively handle your case.
  • The U.S. federal courts have jurisdiction over U.S. admiralty issues, so the lawyer you hire for your admiralty case must argue your case in federal court rather than in the local courts to which most attorneys are more accustomed.

To win an admiralty/maritime injury claim, you need an adept Galveston maritime injury lawyer on your side. Your lawyer needs to have the practical experience of admiralty law and in-depth knowledge of maritime issues to successfully address the complexities of your case so that you could win your claim.

At Denena & Points, we’ve been handling complicated maritime accident claims for more than a decade. Our Galveston maritime injury lawyers have the knowledge and experience you need to successfully make your case. Contact us today for your free and confidential legal consultation.

Dump trucks prone to rollover accidents that can cause serious injuries

Our Pearland, TX truck accident lawyers have mentioned before that high centers of gravity and unbalanced weight loads frequently cause dump trucks to tip or rollover. The likelihood of a dump truck turning over increases when it’s loading or unloading and the heavy weight of the cargo is constantly shifting.

Even experienced dump truck drivers can suffer a rollover accident, particularly if they’re not on completely level ground or roads are wet or icy. In New Haven, CT on Sunday, one of the city’s Public Works employees got trapped in the cab of the dump truck he had pulled into the city’s landfill. Employee Phillip Rodriguez was trapped when the dump truck over onto its side. He received transport to the hospital with non-life threatening injuries.

Non-life threatening injuries might still be very serious injuries. They can even cause permanent disabilities. Dump trucks are massive machines weighing many tons. They might also carry many tons in cargo. Those tons can cause devastating injuries during a rollover.

If you’ve been injured in a dump truck accident, and you’re wondering how you’re going to cope with your massive medical bills, contact our Pearland, TX truck accident lawyers for a free and confidential legal consultation. We have more than 12 years of experience fighting for the rights of injured truck accident victims to help them gain the monetary compensation they deserve for their injuries.

Our personal injury expertise and legal counsel could help you find your road to a full financial recovery following your serious dump truck accident. Call us toll free at 877-307-9500 or use our convenient online contact feature to schedule your free consultation.

Cruise ship passenger safety policies changing after Costa Concordia disaster

Our maritime injury lawyers point out hat cruise ship bookings have dropped off precipitously since the Costa Concordia disaster left 16 people dead and 16 others still missing. The cruise industry, alarmed by the results of the cruise ship crash, has begun reviewing and revising existing policies regarding passenger safety.

In May, The International Maritime Organization Maritime Safety Committee conference in May 2012 will focus on cruise ship safety concerns. Among the issues to be addressed are:

  • Qualification and training of crews, particularly in relation to their communication with passengers.
  • The adequacy of current stability rules for ships damaged or exposed to poor weather conditions.
  • The possible need to adapt prevailing safety standards to keep up with new technical developments in engine type, materials, and design.
  • Ways to ensure that passenger lists are accurate and up to date.
  • Plans and procedures for evacuation.
  • The possible expansion of safety standards to other types of ships offering domestic voyages (such as historical ships and sailing ships).

The Maritime Safety Committee will propose new rules and standards based on the information and decisions reached in the May conference.

Already, three major cruise industry bodies, including the largest in North America, have announced some mandatory changes to cruise ship passenger safety procedure. These three industry organizations have announced that cruise ships must conduct safety “muster” drills before leaving port. Previously, the ships were allowed to conduct the drills within 24 hours of leaving port. Passengers who board after the musters have already taken place should receive prompt individual or group attention to acquaint them with safety procedures.

The new policy could be a step forward in safety. The Costa Concordia went down less than 24 hours after leaving port. About 600 of her over 3,000 passengers had not participated in safety drills when the disaster occurred. Inquiries are underway to determine whether this lack of safety drilling played a significant role in the chaotic evacuation and outcome of the disaster.

Our maritime injury lawyers caution that safety drills only ensure one aspect of your safety. Deficiencies still remain in the rapidity with which a major cruise ship evacuation can happen and in means to ensure that lifeboats remain available and undamaged until all passengers and crew are able to evacuate a sinking vessel.

If you’re injured at sea or you lose a loved one to an unforeseen maritime disaster, contact our maritime injury lawyers for a free and confidential legal consultation about the accident. We understand the trauma and disorientation you experience after an accident at sea. Our concern is to help you understand all of your legal options in addressing the injury and obtaining the financial compensation you deserve for the harm you’ve suffered. Reach our maritime injury lawyers toll free at 877-307-9500 or at your convenience through our online contact form to schedule your free consultation.

Trampoline & Foam Pit Take Life of Beloved Phoenix AZ Community Member

Our theme park accident lawyers note a particularly tragic and chilling accident that occurred recently at a newly opened trampoline park in Arizona. Ty Thomasson, 30, attended a children’s charity event at SkyPark Trampoline Park in Phoenix, AZ on Sunday. The SkyPark Trampoline Park reportedly opened just last month. Mr. Thomasson had jumped from a trampoline into a foam pit and suffered a broken neck when he landed headfirst. Relatives and friends are mourning the untimely, tragic loss of this young man who, by all accounts, was exuberant and positive, with a true love of life.

News accounts of the tragic accident steer clear of pinning any outright blame on the Phoenix, AZ trampoline park. But occurrence of such a fatal accident, so soon after the park’s opening, might well indicate that safety precautions and conditions at the park need a closer review before patrons dive head first into the proffered fun.

Trampolines are notorious for causing injury. They’re one of the most dangerous pieces of backyard equipment you could buy. Trampoline accidents frequently cause neck and spinal fractures, paralysis, severe disability, or death. One errant jump, too much power on a leap, a miscalculated landing, or a poorly executed flip could all result in major injuries. Knowing the liability issues as we do, the theme park accident lawyers at Denena & Points would be hesitant to open or to insure a trampoline park. The potential for injury and fatality just seems too great.

When you’ve lost a loved one to a theme park accident, you need the help of dedicated injury lawyers that have practical experience handling amusement park accident cases. The theme park accident lawyers at Denena & Points have just such experience. In fact, Tony Denena and Chad Points are among the nation’s very small percentage of lawyers who have had actual, hand-on experience successfully handling high-profile amusement park injury and fatality cases.

The issues involved when you’re dealing with a corporate amusement park owner and its powerful insurers can be thorny and the obstacles you face difficult to navigate. We’re here to use our experience and knowledge on your behalf to clear the way for a successful recovery of compensation following the accident. The suffering you experience following a tragic and needless theme park accident could be grievous and debilitating.

Don’t let powerful park owners and insurers win and leave you without the full financial compensation you deserve for your injuries. Contact the experienced theme park accident lawyers at Denena & Points today for your free legal consultation.

State OSHA agency levies 3 fines for Indiana State Fair stage collapse

The Texas City workplace accident attorneys at Denena & Points note that Indiana’s OSHA agency released their report yesterday on the investigation begun following the deadly collapse of the Indiana State Fair concert stage during a storm. The stage collapse on August 13, 2011 killed 7 people and injured 58, some of whom remain in serious condition and severely disabled today. OHSA also fined 3 entities for their roles in the concert stage collapse and its deadly outcome:

  • $63,000 fine against Mid-America Sound Corp., the company in charge of building the stage, for “indifference” to safety requirements. OSHA’s investigation found that Mid-America Sound failed to provide appropriate supervision and failed to provide a risk assessment plan.
  • $11,500 fine against the International Alliance of Theatrical Stage Employees and Theatrical Payroll Services, Inc., the union working at the site, for failing to consider soil conditions when placing the stage’s cable anchor points. The OSHA investigation found that the union clearly acted as an employer at the site.
  • $6,300 fine against the Indiana State Fair Commission, which runs the Fair, for failure to make an adequate life safety evaluation and evacuation plan and for failure to establish and maintain reasonably safe working conditions for its employees at the site.

These fines might seem paltry in relation to the harm caused by the 3 entities’ failures to create and maintain safe working conditions. And the OSHA report, while interesting, doesn’t really address the actual causes of the Indiana State Fair concert stage collapse. But OSHA’s mandate limits it to investigating workplace safety violations and fining U.S. employers who disregard safety requirements for their failures to comply.

Our Texas City workplace accident attorneys remind you that OSHA does not conduct the type of in-depth workplace accident investigations or make the type of reports that could help injured victims or grieving family members of victims who died in an accident. And in the case of the deadly Indiana State Fair stage collapse, the two exhaustive investigative reports by outside agencies that will address causes of the fatal accident remain pending and aren’t due out for a few months yet. But we question whether such tiny fines by OSHA could really provide employer incentive to increase workplace safety or comply with applicable safety regulations.

Victims and family members of victims seeking fair compensation for their harm from a work-related accident must turn to experienced lawyers like the Texas City workplace accident attorneys at Denena & Points to gain redress for their injuries. If you’ve suffered harm because of a workplace accident, contact our dedicated Texas City workplace accident attorneys for a free and confidential consultation.

Our lawyers have more than 12 years of experience investigating complex accidents. We could conduct a thorough investigation on your behalf to discover the causes of your accident and to identify the parties responsible for paying for your injuries. Texas law regarding workplace injuries is complex, and you might have various options for seeking just compensation. We could review the circumstances of your case with you and help you determine your legal options and potential case outcomes. Contact us toll free at 877-307-9500 or use our online contact form to schedule your free legal consultation.

Drunk driving statistics for Texas & other states with high DWI rates

Baytown motorcycle accident attorneys note that the U.S. NHTSA recently released the compiled 2010 statistics related to drunk driving accidents and fatalities. Among the notable pieces of data are the following:

  • The highest percentages of drunk or impaired driving fatalities belong to North Dakota, South Carolina, and Texas. Drunk driving caused 44% of wrecks in North Dakota and South Carolina, and 42% of wrecks in Texas. These astounding percentages represent about a 2% increase from the prior year.
  • There were 10,228 alcohol-related crashes in the United States in 2010. Texas had the highest number of alcohol-related accidents (2,998, or more than 25% of the total). California followed with 2,715 alcohol-related crashes. And Florida took third place with 2,445.
  • Several other states also had more than 1,000 alcohol-related crashes. New York saw 1,200 drunk driving accidents. North Carolina had 1,319. Ohio saw 1,080, Pennsylvania had 1,324, and Tennessee experienced 1,031 drunk driving crashes.
  • The 10,228 victims killed by drunk driving crashes in 2010 account for 31% of the total number (32,885) of U.S. accident fatalities for the year. 415 of these alcohol-related fatalities occurred during the second half of December, when holiday drunk driving accidents are known to increase dramatically.

If you’ve been injured in a motorcycle wreck caused by a drunk driver and you need to know the steps to take in filing a successful injury claim, download our Baytown motorcycle accident attorneys’ free book. The book details what you could do to recover for the harm you’ve suffered. It’s free to our readers on this website.

And if you have questions regarding your specific accident, you can contact our Baytown motorcycle accident attorneys to schedule a free initial legal consultation and case evaluation. We’re reachable through our web contact form or toll free at 877-307-9500.

How a Truck Driver’s Prior Traffic Violations Could Affect Your Case

Yesterday, our Baytown truck wreck lawyers wrote about a dump truck driver who crashed into a building just 9 days after having a different accident. It’s important to know that when you’ve been in an accident cause by a truck driver and that driver has prior traffic or safety violations on his record, these violations could affect your claim against him.

The U.S. FMCSA regulates commercial drivers’ licenses and those who hold them. The agency’s regulations seek to reduce the number and severity of commercial truck wrecks and to disqualify commercial truck drivers that have shown a dangerous lack of safety consciousness. Some of the violations that can disqualify a trucker include:

  • Excessive speed,
  • Reckless driving,
  • Unsafe lane changes,
  • Tailgating the vehicle ahead,
  • A traffic violation contributing to a fatal accident,
  • Driving a commercial vehicle without obtaining a commercial driver’s license (CDL), and
  • Driving a commercial vehicle without a proper and valid CDL in the driver’s possession.

An experienced Baytown truck wreck lawyer could discover whether the truck driver who injured you had previous safety violations and whether he was subject to disqualification from truck driving at the time of your accident. The truck driver can be expected to challenge your use of his prior violations in your case. But so long as your lawyer can show that these violations are relevant to your case, they should be admissible as evidence.

The prior violations could also help you build a case against the truck driver’s employer. If a trucking company was negligent in hiring the driver, or in training him and overseeing his work, or if the company failed to take him off the road when he was disqualified from driving by his violations, you could hold the employer liable for its share of the fault. Proving the negligence of the trucking company could help you obtain the full financial compensation to which you’re entitled by your injuries.

The prior violations also provide evidence for the jury to consider in making its verdict. Particularly egregious violations by the truck driver could lead to additional punitive damages to help you meet the enormous medical expenses you face following a severe truck accident injury.

When you have a valid accident injury claim against a negligent truck driver, you want to hire an experienced Baytown truck wreck lawyer to help you investigate your case, find crucial evidence you need, and build the legal strategies and arguments that could win your claim. Don’t try to go it alone; the truck driver will be glad you did.

Call in the experienced Baytown truck wreck lawyers at Denena & Points when you have a case to win. We’ve been building successful cases against negligent truck drivers and trucking companies for more than 12 years. Our personal injury expertise and knowledge of the inner workings of the trucking industry give us the edge you need to win your case against the fierce opposition of truckers, their employers, and their insurers. Contact us today at 877-307-9500 or use our web contact form to schedule your free and confidential legal consultation.

What you can do about your amusement ride safety and ride injuries

Our amusement ride accident attorneys point out that there are a few things you could do to minimize your chances of experiencing an amusement ride accident. You could:

  • Check to see if the amusement ride venue you’re visiting and ride operators have a license to operate the rides.
  • Read all of the posted safety rules and follow them. For instance, if a sign says keep your hands and feet inside the ride car, do so. Obey the signs that tell you where and when to enter and exit a ride. Numerous fatal accidents occur when people, even ride operators step into the path of a moving ride part and get crushed or hit. This even happens to ride operators, so it’s best for your safety to follow the directions on all posted signs.
  • Take note of emergency exit signs and know where to go in case of disaster.
  • Accompany your children on rides if they will let you. And don’t let children on rides for which they don’t meet height or age requirements. Keep an eye on your children at all times and make sure they know how dangerous it is to engage in horseplay on a ride.

But sometimes an operator error or a mechanical failure will occur that no one could have anticipated. Accidents might result in serious or fatal injuries despite all efforts to take careful safety precautions. Our amusement ride accident attorneys caution that serious amusement ride injury can result in enormous expenses and heavy financial burdens for the victim. If you suffer a serious amusement ride injury you’ll need help. You’ll need to recover all of the financial compensation to which you’re entitled in order to meet your expenses and move forward again with life.

An experienced and knowledgeable amusement ride accident attorney could help you identify all those responsible for contributing to your accident and injuries. In the case of operator error, you might be able to hold the owner of the ride or amusement venue liable for negligent hiring and/or training of the employee that operated the ride and made the error. Pursue legal action against those whose negligence caused the accident. You might be eligible to seek financial compensation for your injuries from the ride’s designers, owners, operators, or other parties.

The amusement ride accident attorneys at Denena & Points have more than 12 years of solid experience working with injured clients in high-profile ride accident claims. When you need help, we could bring in knowledgeable medical experts to establish the full extent of the accident injuries and the medical care that will be required for the future. Qualified medical experts could help to establish the actual value of your medical expenses, lost wages, pain and suffering, emotional trauma, and necessary future medical care. We could also locate the qualified technical and mechanical ride experts to help with the complex evidentiary details involved in complex ride accident cases. Contact us for a free and confidential legal consultation at 877-307-9500 or use our online contact form on this page at your convenience.

Houston dump truck injury attorneys can help you every step of the way

Our Houston dump truck injury attorneys notice that dump trucks are everywhere throughout the Houston metro area. They haul garbage from homes and businesses, gravel and sand to and from building sites, debris from remodeling or demolition sites, and even felled timber from storm-damaged trees and buildings. They’re a necessary component of the smooth functioning of modern society. But their very ubiquity makes them more dangerous. These weighty, cumbersome vehicles travel side by side with smaller, more vulnerable passenger vehicles. Their high centers of gravity, relatively poor maneuverability, and cargo shifts make them prone to turn over. Cargo spills are also common. Indeed, dump trucks cause more fatal accidents than any other type of heavy commercial truck.

The Houston dump truck accident attorneys of Denena & Points have 12 years of solid experience negotiating just settlements and litigating successful outcomes for truck accident victims. We have the expertise to know where to find answers in seemingly complex or tricky cases.

The creativity of negligent defendants wanting to avoid their costly liability is endless. It is matched only by our tireless quest for just outcomes and our dedication to fighting deceptive tactics.

Your dump truck accident injury is a serious matter, perhaps the most serious you will ever face. The consequences of a Houston dump truck accident on your physical, emotional and economic well-being can be catastrophic. We understand; we’ve handled numerous devastating truck accident injury cases. Our Houston dump truck injury attorneys will fight to ensure that you receive the fair financial compensation you need to help you recover and move on with your life.

When we put our long-term, practical truck accident experience to work for you, we could help you in the following ways:

  • Handling contacts with opposing parties on your behalf;
  • Helping you get the medical attention you need even if you are uninsured or don’t have large amounts of resources to pay medical expenses;
  • Conducting a thorough investigation of your accident;
  • Gathering and preserving the evidence you will need to support and prove your valid dump truck accident claim;
  • Helping you to locate qualified expert witnesses necessary for your case;
  • Handling negotiations with opposing parties to persuade them to offer you a just settlement; and
  • Putting our proven litigation skills to work for you to ensure that your case gets a strong and convincing presentation in court if defendants can’t be convinced to settle fairly with you out of court. (Our Houston dump truck injury attorneys note that more than 95% of cases reach a fair out of court settlement for the victim when handled by an aggressive and knowledgeable attorney.)

We’ve successfully handled complex, high-profile truck accident cases, and we could ably help you at every step of the way in securing the just compensation you deserve for your injuries. We could help you ensure that the negligent parties that harmed you don’t get away with their negligence.

If you have a question about your dump truck injury accident or you are uncertain how to proceed in seeking compensation for your losses, contact us for a free and confidential consultation. Secure the skilled and dedicated legal counsel you need to help you win your case. Contact our experienced Houston dump truck injury attorneys toll free at 877-307-9500 or through our online contact form. We’re here for you when you need us.

Does Ray Cammack Shows ignore reports of safety issues on rides at the Houston Rodeo?

Houston ride accident lawyers point out that Ray Cammack Shows (RCS), which operates the carnival rides at the Houston Livestock Show and Rodeo (HLSR), is one of the two largest traveling carnival ride operators in the United States. The largest operator is Mississippi-based N.A.M.E. 19 amusement ride operators provide the rides for the nation’s 50 largest attractions that host mobile carnival rides.

A database of carnival ride accident and incident reports shows that N.A.M.E. and RCS also had by far the largest numbers of reported accidents. N.A.M.E. had 27 while RCS had 25. But riders who have fallen victim to safety hazards on RCS rides claim that RCS doesn’t note or respond to their complaints of safety issues.

For example, our Houston ride accident lawyers note that Myra Rock told ride operators that the restraining lap bar on the first car of the Hi-Miler roller coaster had released repeatedly while she and her 6-year-old boy rode in that car during a ride. Myra Rock’s incident happened just days before Brian Greenhouse plunged to his death from the first car of the Hi-Miler roller coaster. Inquiries after Mr. Greenhouse’s tragic death showed that the Houston Rodeo in fact had no record of Ms. Rock’s complaint.

In 2009, Barbara Peterson and her 6-year-old girl rode in the front car of the Hi-Miler at the Houston Rodeo. She said that the restraining lap bar released and flew up until it was vertical at various points during the ride. She held on and screamed, holding her daughter tighter for safety until the ride stopped. She reported the problem after the ride and said the operator tested the bar. The bar would appear to lock, then pop right back out.

Reportedly, RCS continued to operate the ride at the Houston Rodeo in spite of her warning and the operator’s test that showed a flaw in the lap bar’s operation. Ms. Peterson said she notified several people at the Houston Rodeo about the problem, but that her complaint never went to the state or got acted upon. Her lawyer urged her to report the incident to the Texas Department of Insurance, which she did. Texas then notified HLSR and RCS of the complaint. They finally tested the ride, but at the time of that later test, they found nothing mechanically wrong.

The stories of Myra Rock and Barbara Peterson show that carnival ride injury and accident statistics might not tell the whole story. Information found by our Houston ride accident lawyers indicates that many incidents apparently never get reported. The stories of these two women and their children and of Brian Greenhouse seem to indicate that the first car of the RCS Hi-Miler has a chronic safety problem with the locking of the lap bar restraint.

Our Houston ride accident lawyers believe that before more people’s lives are put at risk, a more thorough examination needs to be done of the Hi-Miler and its safety features, especially on the first car. Feel free to contact us for a no-obligation, no-charge legal consultation if you have questions about injuries you’ve suffered from a ride accident. We have answers and the experience you need to obtain justice.