Limousine Accidents and Injuries

Due to their status as luxury automobiles, limousines are frequently rented for special occasions such as weddings, proms, and graduations.

However, these vehicles are just as likely to be involved in a collision as any other type of car.

Limousine Collision Risks

Limousine drivers are capable of making the same mistakes as any other motorist, and succumbing to distractions and fatigue can lead to serious accidents. Negligent limo drivers may also cause collisions by speeding, running traffic signals, or tailgating.

Furthermore, limousine drivers pilot vehicles subjected to constant use, with many starts and stops. This puts tremendous wear and tear on a car, and limousine companies are responsible for ensuring their vehicles are properly maintained.

Many factors often lead to limo accidents, including:

• Unqualified or untrained drivers
• Lack of vehicle maintenance
• Hiring drivers without commercial drivers' licenses, in violation of Texas state law
• Vehicle instability caused by overloading the limo with too many people
• Aftermarket modifications that weaken the limousine’s structural integrity
• Failure to wear seat belts, in violation of Texas state law

Limousine Collision Injuries

Failure by a driver or limousine company to maintain appropriate safety standards can lead to severe injuries, including:

• Broken bones
• Back injuries
• Neck injuries
• Whiplash
• Facial lacerations
• Soft tissue damage
• Spinal cord injuries
• Burns and abrasions
• Traumatic brain injury
• Amputations and severed limbs

Determining Liability

If you were involved in a limo collision, the driver and the limousine company might be held liable for your medical bills, loss of income, and pain and suffering. 

An experienced vehicle accident attorney will determine all of the parties responsible for your injuries, and fight for the compensation you deserve. Your attorney will examine the scene of the collision, locate accident witnesses, and gather the necessary evidence to support your claim.

To learn more about what the law offices of Steve M. Lee, P.C., can do for you, visit us on Facebook.

Related Links: Car Accident With a Limousine Questions to Ask Before Choosing Car Accident Representation Insurance Company Settlement Tactics

 

Limousine Accidents and Injuries

Girl Gets $75K for Mechanical Dinosaur Injuries

Witnessing a dinosaur egg hatching must be a magical moment. Until, that is, you’re punched on the chin by a mechanical arm.
That’s what happened to a young girl visiting Universal Orlando in 2013, and she and her family finally settled a lawsuit against the theme park, for $75,000.
Jurassic Lawsuit
According to Orlando Weekly, the child was struck on the chin by a mechanical arm on the Dinosaur Egg Scanner attraction at Universal’s Jurassic Park land: “The device was part of a display that offered display of fake dinosaur eggs ‘hatching,’ and visitors could pull a level to scan some of the eggs, which would result in a simulated scan image of a baby dinosaur on a screen.” Universal claimed the scanner machinery was manufactured by a third party, but ultimately agreed to settle the case.
The settlement payments will be made into an annuity fund for the girl, referred to only as “L.M.” in court filings. Only she (not her parents) will be able to access the funds, and not until 2027, when the fund will be worth an estimated $98,000.
Legal Themes
Suing theme parks for injuries can be tricky. Many require guests to sign liability waivers that assert the park will not be legally responsible for any injuries. They may also argue that patrons have come for a little bit of danger, and have assumed the risk of any injuries they sustain. Still, as a public attraction theme parks are legally required to take reasonable steps to assure the safety of the premises for guests. And most parks prefer to avoid the bad publicity of an on-site injury lawsuit, so they are often more likely to settle out-of-court.
If you have questions about injuries sustained at a theme park, or park liability in general, contact a local personal injury attorney.

The post Girl Gets $75K for Mechanical Dinosaur Injuries  appeared first on Rutberg Breslow Personal Injury Law.

Girl Gets $75K for Mechanical Dinosaur Injuries 

I was hurt on my vessel while I wasn't working. Am I still entitled to benefits?

The Jones Act ensures injured workers can recover for any illnesses or injuries caused by employer negligence, provided that their ailments occurred during their employment. 

Since seamen are unable to leave a ship while at sea, most injuries suffered aboard a vessel are presumed to be sustained on the job, even if the worker was off duty. All seamen are entitled to receive these benefits when injured in the workplace environment, regardless of the cause of the injury.

Jones Act Injuries

Even when a crew member is off-duty aboard a vessel, he or she may still be called upon to return to work as needed. The seaman, therefore, remains in constant service to the vessel until no longer a crew member. 

Furthermore, the principle that a seaman injured aboard a vessel is entitled to Jones Act benefits, regardless of his work status, was settled by Sundberg v Washington Fish & Oyster Co. This case confirmed that injuries and illnesses manifested or aggravated while the seaman was aboard the vessel qualify for Jones Act benefits, regardless of whether the ailment is work-related. However, the Jones Act does not cover injuries caused by a worker’s misconduct, such as gross intoxication.

To qualify for compensation under the Jones Act, an injured seaman must be:

●     An active crew member of a sea-going vessel; and

●     Capable of going to sea at the time of the accident; and

●     Engaged in activity that furthers the mission of the vessel.

Jones Act Compensation

Sleep and off-duty time actually further a vessel’s mission, since they allow crew members to recharge and remain alert. Under the Jones Act, workers are entitled to receive medical benefits, unearned wages, and a daily stipend until their injuries have healed.

If you were injured while working aboard a vessel, you need an experienced attorney to help you receive the compensation you deserve. To learn more, contact the law offices of Steve M. Lee, P.C., by clicking the Live Chat button on this page.

Related Links: Are You Covered by the Defense Base Act? Accidents Caused by Maritime Worker Fatigue Benefits Typically Available to Injured Maritime Workers

 

I was hurt on my vessel while I wasn't working. Am I still entitled to benefits?

Boarding or Disembarking Vessel Accidents

Many people are aware that a vessel’s owner and operator may be responsible for injuries sustained aboard the ship, but liability doesn’t begin there.

Liability actually starts during the boarding process, since the ship’s passengers and crew are entitled to safe access when entering and exiting the vessel.

Vessel Boarding Accident Risks

Some of the most common accident causes when boarding and disembarking a maritime vessel include:

• Movement of the ship. When a vessel moves, the gangway connected to it will move as well. Attempting to negotiate the gangway while the ship is rolling or swaying can easily cause a crew member to fall.
• Slick surfaces. The slope of a gangway fluctuates with changes in the tide, increasing slip and fall risks. Vessel operators should provide gangways with anti-skid surfaces.
• Movement of the dock. Not all docks are steady. Many are designed to float, and floating docks are susceptible to wave motion caused by violent winds or passing ships. Vessel operators have a responsibility to warn crew members about the dangers of floating docks to ensure their safety.
• Missing handrails. A gangway needs proper railings of sufficient height that are strong enough to support a crew member. Missing or inadequate handrails may cause a serious overboard accident.
• Lack of safety nets. Nets provide an extra barrier between the gangway and the water, and when these nets are missing, drowning and hypothermia risks increase.

What You Should Do If You’re Injured

If you’ve been hurt while boarding or disembarking a vessel, you should:

1. Report the accident. Immediately document your accident and notify your supervisor of any injuries.
2. See a healthcare professional. You have the right to choose your doctor, and should seek medical attention as soon as possible after injury. Be sure to keep follow-up appointments and stick to your doctor’s instructions.
3. See a lawyer. The Jones Act provides compensation for medical expenses, lost wages, and disability benefits for injuries sustained while boarding or leaving a vessel. You need an experienced maritime injury attorney to help you receive the benefits you deserve. To learn more about what the law offices of Steve M. Lee, P.C., can do for you, visit us on Facebook.

Related Links: Common Types of Cruise Ship Accidents Cargo and Barge Crew Member Risks Accidents Caused by Maritime Worker Fatigue

 

Boarding or Disembarking Vessel Accidents

What's a maritime vessel allision?

While the terms collision and allision are sometimes used interchangeably, they're not the same. In a collision, one vessel strikes another ship, while an allision occurs when a vessel hits a stationary object, such as a dock, bridge, oil platform, or drilling rig.

An allision has the potential to injure crew members severely and result in serious damage to the vessel.

Typical Allision Causes

While there are many reasons for allisions, some of the most common include:

●     Mechanical defects, such as failure of the vessel’s steering or guidance systems

●     An improperly-trained crew

●     Crew member intoxication

●     Failure to establish proper protocols for the berthing of the vessel

●     Crew member negligence

Determining Fault in an Allision Accident

Most bridges are struck at least once by vessels passing beneath them. Typically, the ship operator is presumed to be at fault when colliding with a stationary object. Liability for these allision accidents is determined by several unique rules, including:

• The Oregon Rule. The Supreme Court decided The Oregon Case in 1895, finding that when a moving vessel collides with a stationary object, the ship is presumed to be at fault. To defeat this presumption, the vessel's operator must show that he acted with reasonable care, or that the stationary object caused the collision.
• The Pennsylvania Rule. Like automobile accidents, the principle of comparative fault also governs maritime collisions. Under this rule, the plaintiff is barred from financial recovery when they're guilty of a violation that may have caused the collision. The plaintiff must demonstrate their violation couldn't have led to the damages and injuries they sustained.
• The Louisiana Rule. This rule maintains that a drifting vessel which breaks free from its moorings and strikes a stationary object is presumed to be at fault for any damage it causes.

You Need an Attorney

If you were injured due to an allision while working aboard a maritime vessel, you’re entitled to compensation for medical care and loss of income under the Jones Act.

You need an experienced maritime injury attorney who's prepared to fight on your behalf and ensure you receive the damages you deserve. To learn more, contact the law offices of Steve M. Lee, P.C., by using the form on this page.

Related Links: Ship Collisions Offshore Tanker Collisions Cargo and Barge Crew Member Risks

 

What's a maritime vessel allision?

Shipbreaking Accidents

When a vessel reaches the end of its life, the maritime company that owns it may choose to have it scrapped. Since it's typically difficult to take vessels out of the water, most shipbreaking happens at a dry dock or pier.

This industry is already extremely hazardous, and shipbreaking may be the most dangerous of all maritime work.

Shipbreaking Accident Risks

During the shipbreaking process, vessels are torn apart for scrap metal. After removing all of the equipment, workers dismantle the ship’s structure. This creates a perilous environment for workers, potentially exposing them to:

• Explosions and fires. Since workers use powerful tools to tear apart vessels, sparks may come into contact with flammable liquids, matting, lubricants, or insulation. Workers can suffer severe burns or lung damage as a result of these accidents.
• Pollutants. The shipbreaking process frequently exposes workers to various environmental pollutants, including toxic chemicals, lead, mercury, fuel residue, and asbestos. Asbestos removal can lead to a type of cancer known as mesothelioma, and paint removal may cause lead poisoning.
• Falls and falling debris. Shipbreakers must often work at great heights while attempting to dismantle and remove large pieces of steel. This is a precarious situation that easily leads to serious fall injuries, such as broken bones and spinal cord damage. Falling pieces of salvaged steel can also strike workers, causing severe head injuries and broken bones.
• Noise pollution. Shipbreaking involves a lot of metal cutting, hammering, and grinding. These loud noises may cause permanent hearing damage if workers aren’t using proper ear protection.

You Need an Attorney

If you were injured in a shipbreaking accident, you’re entitled to compensation for medical bills and lost income. Choose an experienced maritime injury attorney to fight for you and help collect the damages you deserve. To learn more, contact the law offices of Steve M. Lee, P.C., by clicking the Live Chat button on this page.

Related Links: Welding Exposes Maritime Workers to Serious Health Risks Why Tight Spaces Increase Mariner Injury Risks Maritime Welders and Toxic Manganese Exposure

 

Shipbreaking Accidents

Were Grand Canyon Visitors Exposed to Radiation?

“If you were in the Museum Collections Building (bldg 2C) between the year 2000 and June 18, 2018, you were ‘exposed’ to uranium by OSHA’s definition.” Not exactly something you want to hear after your vacation to the Grand Canyon, but that’s what the park’s health and safety manager is claiming.
Elston “Swede” Stephenson says radioactivity readings gathered by Park Service officials on three buckets of stones believed to be uranium specimens appeared to be hundreds of times higher than federal exposure thresholds.

A Box of Rocks or a Load of Radiation?
Apparently not everyone is on board with Stephenson’s evaluation of radiation risk at the park. “It’s just a bucket of rocks,” Craig Little, a health physicist who spent 25 years at the Oakridge National Laboratory told the Arizona Republic. “I wouldn’t line my baby’s crib with it, but …” The central disagreement appears to center on whether uranium ore, which was discovered in three 5-gallon buckets that had been stored next to a taxidermy exhibit could emit dangerous radiation levels.
“Uranium naturally occurs in the rocks of Grand Canyon National Park,” the Department of Interior told CNN. “A recent survey of the Grand Canyon National Park’s museum collection facility found radiation levels at ‘background’ levels — the amount always present in the environment — and below levels of concern for public health and safety. There is no current risk to the public or Park employees.”
Stephenson stood by his calculations, however, and noted that OSHA technicians wore full protective gear when they visited the building. “Please understand, this doesn’t mean that you’re somehow contaminated, or that you are going to have health issues,” he said in a warning email. “It merely means essentially that there was uranium on the site and you were in its presence … And by law we are supposed to tell you.”
Suing the Grand Canyon
So, could lawsuits from park visitors be forthcoming? If the park in fact violated environmental laws on the storage or disposal of radioactive materials, it could be held liable. Additionally, the Federal Tort Claims Act (FTCA) allows individuals to recover against the federal government for personal injury caused by the negligence of a federal employee. However, claims under the FTCA must be made following a specific procedure, in writing, and within two years after it becomes apparent a cause of action exists.
If you’re wondering if you have a claim for radiation exposure, talk to an experienced personal injury attorney.

The post Were Grand Canyon Visitors Exposed to Radiation?  appeared first on Rutberg Breslow Personal Injury Law.

Were Grand Canyon Visitors Exposed to Radiation? 

Maritime Cyber Attack Accidents

In our constantly connected world, more companies are going digital, including those in the maritime industry. Unfortunately, cyber attacks are increasing as well, and these threats pose serious risks to worker safety. According to a 2017 maritime industry survey by Fairplay, 34 percent of respondents reported that their company experienced a cyber attack.

How Maritime Cyber Attacks Occur

Maritime companies often fail to understand just how attractive they are to online criminals. Shipping firms routinely deposit and transfer large sums of money, and compromising maritime systems gives thieves a convenient way to transport stolen goods.

Common maritime company vulnerabilities include:

• Using default passwords
• Failing to install and use antivirus software
• Using an infected USB memory stick
• Falling victim to a phishing attack
• Failing to update software and patch system vulnerabilities
• Providing remote access to a vessel’s critical computer systems via the internet

Maritime Cyber Attack Consequences

Many vessel systems are vulnerable to attack, including communication, power control, bridge, and cargo management. Navigation-critical systems are perhaps the most vulnerable of all, and these may include:

• Automatic Identification Systems. These systems monitor surrounding vessels while broadcasting the ship’s location to avoid collisions. A cyber attack may cause these systems to broadcast erroneous information about the vessel’s location.
• Global Navigation Satellite Systems. Global positioning systems and other satellite navigational aids are used to pinpoint a vessel’s precise location. A hack might give the crew false navigational information, causing them to veer off-course and ground the ship.
• Electronic Chart Display and Information Systems. These systems provide digital charts of ocean routes. When the crew is given false information due to an attack, they may plot an erroneous course, leading to an allision.

Receiving Compensation

If you were injured in a vessel collision, allision, or grounding due to a maritime cyber attack, you need an experienced maritime attorney to help you receive compensation for the harm you’ve suffered. This may include payments for your medical bills and loss of income.

To learn more about what the law offices of Steve M. Lee, P.C., can do for you, visit us on Facebook.

Related Links: A Look at Maritime Safety and Injury Statistics Vessel in Navigation Requirements Choosing a Doctor to Treat Maritime Injuries

 

Maritime Cyber Attack Accidents

Texas Workers' Compensation Doesn't Cover Volunteers

Volunteers are a valuable asset to many businesses and organizations, contributing their time and talents to numerous worthwhile causes.

However, they're often just as vulnerable to workplace injuries as salaried employees. Volunteer injuries are particularly common in higher-risk workplaces such as medical facilities, or in organizations that provide emergency services or disaster relief.

When accidents occur that result in injuries, many people assume workers' compensation insurance will cover these volunteers. Unfortunately, this often isn't the case.

Why Most Volunteers Don’t Qualify for Workers’ Compensation Benefits

Workers’ compensation is available to employees who develop a job-related injury or illness. Volunteers typically don't qualify for workers’ compensation, since only paid workers contribute to the workers’ compensation fund.

However, there are exceptions. Emergency medical workers, police officers, and volunteer firefighters responding to disasters may qualify for workers’ compensation benefits. Under Sec. 406.098 of the Texas Labor Code, emergency service organizations are permitted to obtain workers’ compensation insurance coverage for their volunteer members. These organizations and the volunteers serving them commonly provide:

●     Hazardous materials response operations

●     Fire prevention and suppression

●     Emergency medical services

Volunteers Are Entitled to Compensation

Employees who receive workers’ compensation benefits are barred from suing their employer for negligence. However, volunteers who don’t qualify for workers’ compensation retain the right to pursue liability insurance claims or personal injury lawsuits. An organization’s general liability insurance may provide some coverage when volunteers are injured while working.

If you were hurt while serving as a volunteer, you need an experienced attorney to help you receive the compensation you deserve. Your lawyer can help you pursue workers' compensation benefits if you qualify for them, or assist you in filing an insurance or personal injury claim if you don't. To learn more, contact the law offices of Steve M. Lee, P.C., by clicking the Live Chat button on this page.

Related Links: Workers’ Compensation and Part-Time Employees Texas Workers’ Compensation Liability for Part-Time Workers Some Injuries Fall Short of Qualifying for Workers’ Compensation

 

Texas Workers' Compensation Doesn't Cover Volunteers

When to Sue for a Chemical Burn

Dozens of workers every year suffer chemical burns on the job. And the products we use and businesses we frequent often contain or use dangerous chemicals. So, if you’re one of the people who suffers a chemical burn, when (and who) can you sue?
That will largely depend on the circumstances of your case. Here’s a look:
Product Liability
In 2017, almost 300,000 iPhone cases were recalled after leaking glitter from cracked cases caused chemical burns. Two dozen customers claimed they suffered skin irritation or chemical burns from leaking cases, and one person “reported chemical burns and swelling to her leg, face, neck, chest, upper body and hands.” Product liability claims hold a manufacturer or seller liable if their product causes injuries.
There are generally three types of product liability lawsuits, depending on the cause of the malfunction or injury:

Defects in Design: A defect in the design of the product that poses an unreasonable risk to consumers, even if it is manufactured and used as intended;
Defects in Manufacturing: A mistake in the production of a well-designed product that introduces a new danger to consumers; or
Defects in Warnings: A company’s failure to properly warn consumers of known risks in using the product, if they are inadequate warnings, inaccurate warnings, or no warnings at all.
Premises Liability
Maybe you suffered a burn on someone else’s property. At a restaurant, perhaps, or a car wash that uses chemicals to clean. In that case, the property owner might be held responsible under premises liability. The level of responsibility will often hinge on your relationship with the property owner.
Invitee (those who are invited onto the property of another, like customers in a store) and licensees (those who are guests or present at the consent of the owner) are owed a reasonable duty of care from the property owner, meaning they have taken reasonable steps to assure the safety of the premises. If that’s not the case, you may have a premises liability claim.
Workers’ Compensation
If you are injured on the job, you’ll most likely need to file a workers’ compensation claim before you can file a lawsuit. Make sure you seek and receive any necessary medical treatment as soon as possible, and report the accident to your employer. If your workers’ comp claim is denied, or the benefits don’t fully cover your medical costs, lost wages, or expenses, you may have other legal options.
To know how to proceed with any injury claim, contact an experienced personal injury attorney in your area.

The post When to Sue for a Chemical Burn  appeared first on Rutberg Breslow Personal Injury Law.

When to Sue for a Chemical Burn 

How much time do I have to file a workers' compensation claim in Texas?

Texas employees injured on the job may qualify for workers’ compensation insurance benefits. To receive these payments, they must file claims within a specific timeframe.

Filing a Workers’ Compensation Claim

Ideally, an injured worker’s employer will file a workers’ compensation claim on his or her behalf. If this doesn’t happen, the injured worker must file an Employee’s Claim for Compensation for a Work-Related Injury or Occupational Disease (DWC Form-041) with the Division of Workers’ Compensation. This form requires information about the injured employee’s work status, injuries, and employer. It must be filed within one year of the accident date.

However, there's an exception for work-related illnesses that develop slowly over time. These occupational diseases must be reported within one year after the date the worker knew, or should have known, the ailment was caused by the environment or activities of the job.

Workers’ Compensation Claim Denials

An employee’s failure to file a workers’ compensation claim by the deadline will bar that claim unless:

●     The employer or insurance carrier refused, failed, or neglected to file an injury report. Under these circumstances, the employee’s injury claim filing period won’t begin until an injury report is submitted.

●     The carrier already agreed to accept liability for the payment of medical bills and income benefits.

●     The employee establishes good cause for failing to file a claim. This defense may be raised if the worker believed the injury was trivial, that the injury claim was filed, or if he or she received assurances from the employer or insurance carrier the claim would be paid.

You Need an Attorney

If you were injured at work, you should file a workers’ compensation claim as soon as possible. These claims can be complicated, but a skilled workers’ compensation attorney will ensure your rights are protected so you receive rightful benefits. To learn more about what the law offices of Steve M. Lee, P.C., can do for you, visit us on Facebook.​​

Related Links: Some Injuries Fall Short of Qualifying for Workers’ Compensation Texas Workers’ Compensation Eligibility for Part-Time Workers Denial of Workers’ Compensation Benefits

 

How much time do I have to file a workers' compensation claim in Texas?

How much time do I have to notify my employer that I was injured on the job?

Employees injured at work are entitled to receive workers' compensation benefits, but certain steps must be followed to complete a claim. One of the most crucial claim elements involves providing prompt notification of injury to the employer.

Reporting Workplace Injuries

Reporting an injury to the employer is the first step in the workers’ compensation application process, and it must be done within 30 days of the accident.

There's an exception for an occupational illness that develops gradually. With these types of ailments, the time period for notifying an employer doesn’t begin until an employee discovers the medical condition and its connection to the workplace. This typically happens during a doctor visit, when a physician informs the patient the illness is work-related.

Workers’ Compensation Claim Denials

Regardless of whether an employee suffers a job-related injury or an illness that develops over time, a worker should report his or her condition as soon as possible. Insurance companies are often skeptical of claims that aren’t filed within a day or two after an injury, and frequently deny employee claims when injuries are reported after the deadline.

According to the Texas Labor Code, failure to report an injury will lead to a denial of benefits unless:

●     The employer was aware the injury occurred; or

●     The Division of Workers’ Compensation determines an employee had a good reason for failing to report the injury prior to the deadline; or

●     Neither the employer nor the insurance company contests the workers’ compensation claim.

Receiving Workers’ Compensation

While it may be possible to receive workers’ compensation benefits even if you fail to report your injuries within 30 days, it’s best to notify your employer as soon as possible. You should also speak with an experienced workers’ compensation attorney to ensure your rights are protected to receive proper compensation. To learn more, contact the law offices of Steve M. Lee, P.C., by using the form on this page.

Related Links: What Is a Work-Related Injury? Appealing a Denied Workers’ Compensation Claim Three Things You Must Do After a Workplace Accident

 

How much time do I have to notify my employer that I was injured on the job?

How much does it cost to file a workers' compensation claim in Texas?

Employees injured at work are generally entitled to receive workers’ compensation benefits. Understandably, workers sometimes worry about the expenses they may incur while pursuing the benefits they deserve.

Injury victims must already cope with severe pain, medical bills they can’t pay, and loss of income due to missed time from work. Under these circumstances, they may hesitate to incur the expense of fighting for workers’ compensation benefits. The good news is they don’t have to, since it’s actually possible to secure these benefits at no up-front cost.

Workers’ Compensation Contingency Fees

As with most personal injury cases, attorneys generally handle workers’ compensation claims on a contingency fee basis. By eliminating the need to spend any money up-front, contingency fee arrangements allow all injured workers to secure professional legal representation, regardless of their financial circumstances.

Contingency fee arrangements also provide a powerful incentive for attorneys to fight hard for their clients, since they're only paid when they secure client compensation.

The workers’ compensation contingency fee system in Texas works a bit differently than arrangements typically found in other states. Attorneys receive a portion of the workers’ compensation benefits or settlement directly from the insurance company through the following process:

●     The attorney submits a bill outlining the work performed to the Texas Department of Insurance (TDI).

●     After the TDI approves the bill, it's forwarded to the employer's insurance company.

●     The insurance company pays the attorney directly, so payments received by the injured worker already have legal fees deducted.

You Need an Attorney

If you were injured in an accident at work, an experienced workers’ compensation attorney can help you secure the benefits you deserve. It all starts with a free legal consultation, after which your attorney can help you complete Form 0-41, which may be filed for free.

To learn more, contact the law offices of Steve M. Lee, P.C., by clicking the Live Chat button on this page.

Related Links: The Who, What, When, Where, and How of Texas Workers’ Compensation Workers’ Compensation Claim Denial Why You May Not Receive Workers’ Compensation

 

How much does it cost to file a workers' compensation claim in Texas?

Scarred on the Slopes: Our Top 5 Legal Tips for Skiing Accidents and Injuries

With all the winter weather most of the country has been getting blasted with, chances are you’ve hit the slopes already. And with no snow letup in sight, you might be headed back. So, be careful out there.
But, accidents happen. Most of us are aware of the risks that come with skiing, but every now and then an accident isn’t just an accident, and someone else is at fault. When that happens on the ski slopes, who’s responsible and what can you do about it? Here’s what you need to know about skiing injuries and legal liability.
1. Ski Accidents: Top 3 Ways Not to Get Injured
Hopefully, you’re well aware of how to stay safe on the slopes. If not, an experienced skier or guide can help. And if you’re determined to do it all on your own, make sure to avoid skiing alone, be careful around trees and rocks, and don’t treat ski lifts and equipment like toys.
2. When Is a Ski Resort Liable for Injuries?
As a business open to the public, ski resorts are generally responsible for preventing foreseeable injuries in and around the resort. But on the mountain? That could be a different story. And while many (if not all) resorts require you to sign a liability waiver or include one with the sale of a ski pass, not all those waivers are enforceable in court.
3. Ski Injuries: 3 Factors Affecting Lawsuits
Perhaps the biggest factor in determining liability for ski injuries is the behavior of the skiers involved. Did you hop on a double black diamond your first time out? Did you purposely ski outside the resort’s boundaries? Or did someone else recklessly plow into you?
4. Who Pays for Rescue Costs?
Speaking of boundaries, for some veteran, adventurous skiers, only the backcountry will do. But what happens if you get in trouble out there? Search parties and rescue efforts don’t come cheap, and some counties and states are charging rescuees with those costs.
5. Ski Accidents: When to Sue, When Not to Sue
Your best bet for legal advice regarding your specific ski injuries is going to be an experienced injury attorney. You can find one in your area below.

The post Scarred on the Slopes: Our Top 5 Legal Tips for Skiing Accidents and Injuries  appeared first on Rutberg Breslow Personal Injury Law.

Scarred on the Slopes: Our Top 5 Legal Tips for Skiing Accidents and Injuries 

Defining Workers' Compensation Terminology

Pursuing a workers’ compensation claim can require plenty of paperwork. These forms mention terms that many applicants are unfamiliar with, which makes the process more complicated.

Confusing Workers’ Compensation Terms

Some of the most confusing terms people may encounter during the workers’ compensation filing process include:

• Alternative work. Alternative work is a change in job duties offered to an injured employee. This new work must meet the employee’s current employment restrictions, pay at least 85 percent of pre-injury wages, last a minimum of 12 months, and located within a reasonable commuting distance.
• Indemnity benefits. These are benefits intended to compensate injured employees for a portion of their lost wages.
• Independent medical examination. The Office of Workers' Compensation may appoint an independent medical examiner to review an injured worker’s case and provide a second opinion.
• Maximum medical improvement. Maximum medical improvement is reached when an individual has either completely recovered from workplace injuries or when his or her condition is sufficiently stable to predict future medical needs accurately.
• Modified work. An employee performs modified work by returning to previous employment, but with an altered environment that accommodates injury-related employment restrictions.
• Temporary total disability benefits. This compensation equals two-thirds of a worker’s pre-injury average weekly wages. Benefits are paid weekly until maximum medical improvement is reached, or until the employee is determined to be permanently disabled.
• Permanent total disability benefits. When an employee’s injuries make a return to work impossible, he or she may continue receiving weekly payments at the temporary total disability rate for the duration of the disability.

Receiving Workers’ Compensation

If you were injured on the job, you’re entitled to workers’ compensation benefits for your medical expenses and loss of income. You need an experienced workers’ compensation attorney who is prepared to fight for you and ensure you receive proper benefits. To learn more about what the law offices of Steve M. Lee, P.C., can do for you, visit us on Facebook.

Related Links: Maximum Medical Improvement and Workers’ Compensation What Is No-Fault Workers’ Compensation? First Responders and Workers’ Comp Death Benefits

 

Defining Workers' Compensation Terminology

Lime Sued for Scooter Accident, Leaving Woman in Vegetative State

While motorized scooters have provided a quick and easy way to get around, they have also resulted in new ways for people to get injured. One person who was injured while using a Lime scooter is Ashanti Jordan of Fort Lauderdale, Florida. Ashanti wasn’t wearing a helmet when she collided with a car and was thrown about 100 feet. According to her family members, the accident has left her in a persistent vegetative state. Now, Ashanti’s mother is suing Lime for her daughter’s injuries.
This Isn’t the First Accident Involving a Lime Rider

Ashanti isn’t the first victim of an accident involving a Lime scooter. Last week an Irish exchange student was killed in a Lime vs. car accident in Austin, Texas. The Washington Post reports that the exchange student appears to be the third person killed in an accident that involved a Lime scooter in recent months.

According to the South Florida Sun Sentinel, since e-scooters arrived in Fort Lauderdale, there have been a number of high-profile accidents. In fact, ABC affiliate WPLG reported that according to the Fort Lauderdale Fire Rescue, of the 40 incidents involving scooters, “31 of them required someone to be transported to the hospital, and 4 of those were level-1 traumas.”

Lime’s Alleged Fault in the Accident

Tracy Jordan, Ashanti’s mother, has announced her plans to sue Lime on her daughter’s behalf for negligence. According to her lawyer, Lime’s app has specific language instructing people to avoid using the scooter on local sidewalks, which effectively pushes them to operate them on city streets.

Her lawyer says, however, that with these instructions, Lime is violating its operating agreement with Fort Lauderdale. Under the agreement, the company is required to inform Lime riders how to legally and safely operate the scooters. But, in Fort Lauderdale, operating a motorized scooter on the street is against the law. Instead, the city allows e-scooters to be ridden on sidewalks.

According to Tracy’s lawyer, his client is seeking compensatory damages for mental anguish, hospital expenses, potential disabilities, loss of income, and long-term medical care for Ashanti.

The post Lime Sued for Scooter Accident, Leaving Woman in Vegetative State  appeared first on Rutberg Breslow Personal Injury Law.

Lime Sued for Scooter Accident, Leaving Woman in Vegetative State 

The Severity of Truck Collisions at Railroad Crossings

The destructive force of a train is tremendous, since most of them weigh between 125–250 tons.

Even a big rig can’t withstand the power of a locomotive rolling down the tracks, and collisions between trucks and trains frequently cause catastrophic injuries.

Railroad Crossing Truck Collision Causes

Trucks require more time to cross railroad tracks than most other vehicles, which increases the difficulty of avoiding a collision. Some of the most common causes of railroad crossing truck collisions include:

• Failure to avoid crossings. Commercial truck drivers can’t always avoid railroad tracks, but they should do so whenever possible. When crossing is necessary, operators should stop between 15 and 50 feet from the tracks.
• Failure to observe warning signs. Truckers should always be on the lookout for the typical X-shaped railroad warning sign, which must be treated as a yield sign. Drivers should also observe any warning lights or descending crossing gates in order to avoid crossing in front of an oncoming train.
• Distracted driving. When approaching a railroad crossing, truckers must turn off the vehicle’s climate control system and radio, roll down the window, and listen for a train. In addition, truck drivers should always look both left and right a couple of times prior to proceeding in order to avoid pulling out in front of a train.
• Shifting gears. Truckers should only cross railroad tracks while in the lowest possible gear, and they should never shift gears at a railway grade. Doing so can cause the engine to stall, and prevent the truck from crossing in time to avoid an oncoming train.

Protecting Your Rights

When a truck driver’s negligence causes a collision with a train, other vehicles are often in the path of the resulting carnage. If you were injured due to a truck’s collision with a train, you deserve compensation for medical bills, loss of income, and pain and suffering.

Because of the complexities of cases like these, it's important to have a legal partner you can trust to see the process through to a rightful conclusion. To learn more, contact the law offices of Steve M. Lee, P.C., by clicking the Live Chat button on this page.

Related Links: Train Collision Liability Common Causes of Train Derailment Accidents Protecting Your Family From a Disastrous Railroad Crossing Collision

 

The Severity of Truck Collisions at Railroad Crossings

Commercial Trucks and Pedestrian Accidents

Large trucks, big rigs, and semi-trailers can be involved in many types of accidents. Perhaps there are few more tragic than those involving pedestrians.

When a pedestrian is struck by a commercial vehicle, the resulting injuries are likely to be catastrophic, if not fatal.

Causes of Truck Accidents Involving Pedestrians

Trucks often need to travel along the main streets of a city or down neighborhood side roads as drivers make deliveries. Pedestrians sometimes assume these truckers can easily spot them, since their cabs are so high off the ground.

Unfortunately, the reality is that the size of commercial trucks creates large blind spots for drivers. Typical truck maneuvers that may lead to accidents involving pedestrians include:

• Right-hand turns. These incidents occur when a truck driver hastily makes a right-hand turn, striking a pedestrian who just entered the crosswalk.
• Backing up. If a trucker fails to notice a pedestrian behind the rig, there might be a problem. Children are particularly vulnerable to injury from these accidents, since they can be more difficult to spot in rearview mirrors.
• Exiting a highway ramp. Trucks exiting a highway are often still traveling at high speeds, and may be unprepared to stop for pedestrians at nearby intersections.
• Driving through rest stops and fuel stops. Truckers can easily become disoriented when visiting an unfamiliar rest stop or fuel stop, and this confusion may result in striking a pedestrian in their path.

Injury Compensation and Wrongful Death Claims

If you suffered loss due to the irresponsible actions of a truck driver, you deserve compensation. You’re entitled to damages for medical bills, loss of income, and pain and suffering for the resulting injuries.

If you lost a loved one due to the complications they suffered from being struck by a truck driver, you may be able to pursue a wrongful death claim. This may include damages to cover funeral and burial costs, loss of financial support, and loss of companionship. To learn more about what the law offices of Steve M. Lee, P.C., can do for you, visit us on Facebook.

Related Links: Texas Truck Accident Statistics Crash With a Drunk Trucker Distracted Driving Accidents

 

Commercial Trucks and Pedestrian Accidents

Tow Truck Accidents

We’ve all witnessed tow truck drivers racing to be first on the scene after a vehicle accident.

Tow trucks can help clear accident scenes quickly, but negligence on the part of the truck operator or towing company can lead to complicated injuries.

Tow Truck Accident Causes

The substantial size and weight of tow trucks often cause serious harm. Tow truck accidents are frequently the result of:

• Aggressive driving. The first driver to arrive when a vehicle must be towed typically gets the job. Drivers therefore have a powerful incentive to get to the scene fast, even if that means speeding, making sudden lane changes, or ignoring traffic signals.
• Drowsy driving. Many tow truck operators work long shifts and odd hours. Unlike big rig truckers, they're not required to take regular shift breaks. This can lead to extreme fatigue, clouding the driver’s judgement and slowing reaction times.
• Defective or poorly-maintained vehicles. Towing companies have a responsibility to routinely inspect and maintain their vehicles. Defects or a lack of maintenance may increase the risk of brake failure and tire blowouts, which are among the most common causes of tow truck accidents.
• Improperly-secured vehicles. Problems with hooks and cables might detach a tow vehicle or force it to roll off the truck bed. If this occurs when the tow truck is moving, other vehicles may be struck by the towed car, or collide when drivers behind swerve to get out of the way.

Tow Truck Accident Compensation

If you were injured in a tow truck accident, you may have a claim against the tow truck driver and the towing company. If your collision was caused by a defective tow truck part, its manufacturer may also be held liable.

You may be entitled to compensation for your medical expenses, lost income, and pain and suffering. To learn more, contact the law offices of Steve M. Lee, P.C., by using the form on this page.

Related Links: Time to Settle a Truck Crash Claim Anticipating Truck Accident Defenses Chest Pain Caused by Truck Accidents

 

Tow Truck Accidents

Moving Truck Collisions

When most of us think of truck accidents, we typically picture collisions involving big rig trucks.

While these accidents can certainly be devastating, collisions caused by moving trucks may also result in serious injuries.

Rental Trucks vs. Moving Company Trucks

The parties that may be responsible for moving truck sideswipe collisions vary depending on whether the truck is:

Owned by the moving company. If the driver responsible for the accident is an employee of the moving company that owns the truck, both the driver and his employer may be held liable. Typical causes of these collisions include:

●     Distracted driving. If the driver of a moving truck is texting, eating while driving, or staring at screens rather than the road ahead, these distractions may result in a collision.

●     Speeding. Speeding is always dangerous, but it's particularly hazardous when the offending vehicle is a large truck.

●     Drowsy driving. Many moving truck drivers spend long hours on the road, resulting in fatigue that impairs judgement and slows reaction times.

●     Drug or alcohol use. Substance use can cause truckers to make mistakes that lead to severe accidents.

Rented to a customer. If a customer rents and drives the moving truck, the renter is generally held liable for any damages or injuries resulting from an accident. However, the moving truck rental company may be responsible for a collision when:

●     The truck is rented to an unlicensed driver.

●     The rental company is guilty of negligent entrustment, which is providing a truck to an incompetent or unfit driver.

●     The company rented a truck to a driver who was obviously intoxicated or on drugs.

●     The truck rental company failed to inspect and maintain critical components of the vehicle, such as the steering system, brakes, or tires.

You Deserve Compensation

If you were injured in a collision with a moving truck, you’re entitled to compensation to help your health and financial recovery. You may receive damages for your medical expenses, loss of income, and pain and suffering.

To learn more, contact the law offices of Steve M. Lee, P.C., by clicking the Live Chat button on this page.

Related Links: Common Internal Injuries Suffered by Truck Accident Victims Truck Wrecks Are a Pain in the Neck Head Injuries Caused by Truck Collisions

 

Moving Truck Collisions

Exploding E-Cigarette Litigation: A Roundup

E-cigarettes and other vape devices were billed as being more healthy than regular tobacco cigarettes. And while the jury is still out as far as well-functioning devices are concerned, e-cigs have been exploding in our faces pretty much since their inception.
In one of the more recent cases, 24-year-old Texan William Brown was killed after shrapnel from an e-cigarette explosion peppered his skull and severed his left carotid artery. So, what happens, legally, after these tragedies?
1. How Common Are Exploding E-Cigs?
Even two years ago, stories of exploding e-cigs causing burns, facial fractures, missing teeth, and driving accidents were fairly common. And knowledge of that danger — accompanied by a failure to address design, manufacture, or warning defects — could be a factor in determining a manufacturer’s liability in a lawsuit.
2. E-Cigarette Injury Lawsuits on the Rise
The frequency with which those lawsuits are being filed has been increasing. Over 120 lawsuits claiming e-cigarette injuries were filed in 2017 alone. Some claimed the devices exploded in their mouth, knocking out teeth and causing third-degree burns. Others alleged they were scorched when vaporizer batteries caught fire. And Brown is not the first person to be killed by an exploding e-cigarette. The U.S. Fire Administration even warned that e-cigarette battery failures present a unique hazard as “no other consumer product places a battery with a known explosion hazard such as this in such close proximity to the human body.”
3. How Much Is an Exploding E-Cigarette Injury Claim Worth?
Like most personal injury claims, lawsuits based on e-cigarette malfunctions will depend on the kind and extent of the injuries sustained. And, as noted above, additional damages could depend on whether the manufacturer was aware of the risk, and whether they took any measures to prevent such accidents.
To find out how much your specific claim might be worth, contact a local personal injury attorney.

The post Exploding E-Cigarette Litigation: A Roundup  appeared first on Rutberg Breslow Personal Injury Law.

Exploding E-Cigarette Litigation: A Roundup 

Sideswipe Truck Accidents

Regardless of whether they're referred to as lane change accidents, blind spot collisions, or lane departures, sideswipe truck crashes can be devastating.

A sideswipe wreck occurs when the side of one vehicle collides with the side of another. Not only is a passenger car at risk of serious damage in such an accident, but subsequent crashes into other vehicles, guardrails, or trees
may be caused by the vehicle driver’s loss of control.

Sideswipe Truck Collision Causes

Sideswipe collisions often occur during lane changes and mergers, or when a large truck sideswipes a vehicle coming from the opposite direction. Commercial truck drivers are more likely to cause sideswipe accidents, since they have substantial blind spots on the front, back, and sides of the truck. These blind spots may prevent a trucker from seeing the cars in adjacent lanes, making lane changes and turns far more dangerous.

Sideswipe collisions sometimes force the crash victim’s vehicle off the road, resulting in a rollover. A sideswipe accident can also push a car into the path of oncoming traffic on the highway, leading to a multi-vehicle collision. Sideswipe collisions caused by trucks are often the result of:

•  Failure to check mirrors
• Drowsiness or fatigue
• Drug or alcohol use
• Unsafe lane changes
• Aggressive driving
• Improperly-adjusted mirrors
• Lack of operator training
• Distracted driving
• Driving too fast for weather, traffic, or road conditions
• Malfunctioning equipment such as brakes, wheels, or tires

Sideswipe Truck Collision Liability

It's a complex process to identify responsible parties and gather necessary evidence to establish liability in truck sideswipe accidents. Both the trucker and the trucking company may be held liable for damages. These accidents often result in serious injuries including head trauma, whiplash, neck issues, and spinal complications.

If you were injured in a sideswipe truck collision, you’re entitled to compensation for medical bills, lost income, and pain and suffering. To learn more about what the law offices of Steve M. Lee, P.C., can do for you, visit us on Facebook.

Related Links: Small Truck Accidents Truck Accident Legal Strategies Common Situations That Lead to Disastrous Truck Collisions

 

Sideswipe Truck Accidents

Vehicle Accident Evidence You Might Miss Without a Lawyer

Receiving compensation for injuries caused by a vehicle accident generally requires the gathering and presentation of evidence. Unfortunately, many injury victims are unaware of some of the types of evidence that may prove to be a crucial component of their case.

Evidence That’s Easy to Miss

Knowing that another driver caused your accident is one thing, but proving it is something else entirely. Evidence is needed to corroborate your story. An experienced attorney can strengthen your case by obtaining:

• Cell phone records. If you suspect the at-fault driver was distracted by smartphone use, phone records can prove to be valuable evidence. Unfortunately, you can’t just contact the phone company and ask for information about another person’s account. However, your attorney may be able to subpoena the relevant phone records. They might indicate the at-fault driver was texting or talking on the phone when the accident occurred may be sufficient proof to establish liability.
• Social media posts. Your attorney may be able to use social media posts found on Facebook, Twitter, Instagram, or Snapchat to gain valuable insight into the at-fault driver’s activities. People involved in vehicle accidents sometimes make the mistake of posting information about their collision on social media. If the at-fault driver makes statements that are possibly seen as an admission of guilt, these posts can be valuable evidence in support of your claim.
• Witness statements. Vehicle accident witnesses can help piece together information about exactly what happened during the collision. Your attorney may be able to locate and contact witnesses to obtain records of their first-hand observations. These can include information about the accident location, weather and road conditions, and position and speed of the vehicles involved.

You Need an Attorney

If you’ve been injured in a vehicle accident, you may be entitled to compensation for medical bills, loss of income, and pain and suffering. You need an experienced attorney who knows how to gather the necessary evidence to support your claim. To learn more, contact the law offices of Steve M. Lee, P.C., by clicking the Live Chat button on this page.

Related Links: Car Accident Evidence Can Help Secure Your Future Preserving Truck Crash Evidence Against Spoliation Getting a Police Report After Your Car Crash

 

Vehicle Accident Evidence You Might Miss Without a Lawyer

First David’s Law Lawsuit Filed Against School Cyberbullies

For parents and school kids, the thought of being cyberbullied can be frightening, and knowing what to do when it happens can be confusing and difficult.
One Texas parent, after his son was subjected to cruel cyberbullying that turned into a big problem at school, has turned to the newly enacted David’s Law, and filed a lawsuit against the cyberbullies and their parents.
Protecting School Kids
David’s Law was prompted by the suicide of a teen attributed to severe cyberbullying. In addition to strengthening the criminal penalties for “suicide baiting,” it also gives bullied students, and their parents, a mechanism to stop the cyber and physical attacks. The law does, however, require the parent of a victim to take action and request injunctive relief, or, in other words, a court order forcing the bully to stop.
The Texas case mentioned above involved a student who, on a social media discussion, was voted “most likely to shoot up the school.” The online teasing soon escalated to in-school bullying, then the school got involved and treated the victim like a potential school shooter.
What Can You Do About Cyberbullies?
While the law provides for many different remedies and actions that can be taken when you, or a family member or friend, is the target and victim of a cyberbullying campaign, the right action can be elusive. The best thing you can do is get informed of your options as quickly as possible.
You may want to contact the authorities, school administration, and even likely an attorney, especially if the bullying seems to be seriously threatening, menacing, or causing a significant impact on the victim’s life. If the cyberbully is using sophisticated hacking techniques, you should likely consider turning off your old tech until you’ve contacted the appropriate authorities.

The post First David’s Law Lawsuit Filed Against School Cyberbullies  appeared first on Rutberg Breslow Personal Injury Law.

First David’s Law Lawsuit Filed Against School Cyberbullies 

Car Accident With a Limousine

Limousines are among the most popular vehicles available for hire, since they're frequently rented to celebrate graduations, weddings, and birthdays.

Unfortunately, those celebrations can quickly turn to tragedy in the event of a collision. The immense size and weight of a limousine can cause severe injuries, and even death.

Limousine Accident Causes

Common causes of limousine accidents include:

• Limo company error. Mistakes made by a limousine company can lead to collisions, for which the company may be held liable. These errors may include:

• Lack of maintenance and repairs. Every limo company has a responsibility to ensure their vehicles are properly maintained and repaired. Failure of the steering system, brakes, tires, or other critical components can lead to a serious collision.
• Improper hiring or training. A limousine company may be held legally responsible for hiring an unqualified driver, or failing to provide proper training, when that driver causes an accident.

• Driver error. Collisions involving limousines are frequently caused by the limo driver’s negligence. Limousine drivers may be held liable for injuries suffered by other motorists when they cause an accident due to:

○     Fatigue. Limo operators often have demanding schedules and work long hours, leading to severe fatigue and falling asleep at the wheel.

○     Aggressive driving. A limousine driver who speeds, fails to check blind spots before changing lanes, or ignores traffic signals can cause serious accidents.

○     Driving under the influence. As with any other motorist, limo drivers operating under the influence of drugs or alcohol endanger everyone else on the road.

○     Distracted driving. Limo operators may be distracted by their smartphones, other electronic devices, or noisy passengers.

You Need an Attorney

If you were injured in a collision with a limousine, you may be entitled to compensation from the limousine company and its driver. This may include damages for medical bills, lost wages, and pain and suffering.

You need an attorney who is prepared to fight and help you receive the compensation you deserve. To learn more about what the law offices of Steve M. Lee, P.C., can do for you, visit us on Facebook.

Related Links: What to Ask Before Choosing Car Accident Representation Insurance Factors Impacting Vehicle Accident Claims Insurance Company Settlement Tactics

 

Car Accident With a Limousine

How NOT to Sue for a Slip and Fall Injury

Slip and fall accidents do occur, and the injuries sustained during and after a legitimate fall can be serious. But not all slip and fall claims are legit. And one example from New Jersey showed just how illegitimate some slip and fall lawsuits are, and absolutely what you should never do.
Alexander Goldinsky was caught on film faking a slip and fall while working as an independent contractor for a company in Woodbridge. And now Goldinsky has been arrested and charged with insurance fraud and theft by deception for fraudulently filing an insurance claim relating to his faked fall.
Good as Gold?
Because Goldinsky wasn’t a regular employee, perhaps he was unaware there were surveillance cameras in the company’s cafeteria. And he never thought prosecutors would catch him. As Middlesex County Prosecutor Andrew Carey described, “Goldinsky purposely threw the ice on the floor in the cafeteria at his workplace, placed himself on the ground, and waited until he was discovered.” But the video is still impressive:

Felonious Fraud
“Fraudulent claims cost everyone,” Carey added, “and we will aggressively prosecute those who illegally manipulate the system.” Prosecutors have started cracking down on all kinds of insurance fraud, which is why you should never lie to an insurance company. Even if your scheme isn’t as complicated as Mr. Goldinsky’s, filing a false claim or lying to an insurance company about the extent of your injuries or losses — even mild exaggeration — can constitute felony insurance fraud.
Insurance fraud can cost the industry over $100 billion dollars a year, and slip and fall claims are some of the most common to be filed. If you’re contemplating faking a slip and fall, learn from Mr. Goldinsky and just don’t do it. And if you have a legitimate slip and fall injury, contact an experienced personal injury attorney to talk about your legal options.

The post How NOT to Sue for a Slip and Fall Injury  appeared first on Rutberg Breslow Personal Injury Law.

How NOT to Sue for a Slip and Fall Injury 

Rubbernecking Accidents

There are many driver distractions that can lead to collisions, and one of the most dangerous of these is rubbernecking. Rubbernecking is the act of staring at a roadside distraction to the point that you turn your head in order to continue watching as you drive by.

Unfortunately, distracted driving due to rubbernecking may result in severe injuries, particularly when these accidents occur at highway speeds.

Rubbernecking Is a Distraction

While it’s only natural for a motorist to be curious when spotting something unusual on the roadway, this curiosity can lead to serious accidents. Just like texting or eating, rubbernecking distracts motorists by taking their eyes off of the road ahead.

According to the Journal of Transportation Technologies, a study conducted by the Crash Investigation Team of the Transportation Safety Training Center at Virginia Commonwealth University found that rubbernecking was the primary cause of vehicle accidents. Rubbernecking may cause drivers to have:

• A rear-end collision with the vehicle ahead of them.
• A head-on accident by swerving into another lane and colliding with oncoming traffic.
• Trouble seeing traffic lights or stop signs, resulting in a T-bone collision at an intersection.
• A multi-vehicle pileup by slowing down or stopping unexpectedly.
• A collision by using their smartphone to take photos or videos of the roadside distraction.

Proving Negligence

Drivers are expected to keep their eyes on the road. A rubbernecking motorist who breaches this duty to behave responsibly may be deemed negligent by a court. An accident victim’s attorney must demonstrate an accident wouldn't have occurred had the at-fault driver taken reasonable precautions.

If were injured due to a rubbernecking driver’s negligence, an experienced vehicle accident attorney can help you receive compensation for your medical bills, lost wages, and pain and suffering. To learn more, contact the law offices of Steve M. Lee, P.C., by using the form on this page.

Related Links: Distracted Driving Accident Compensation Texas Distracted Driving Laws Negligent Driving Accident Statistics and Causes

 

Rubbernecking Accidents

Can a bar be held liable for a drunk driving accident caused by a customer?

Yes, a bar may be civilly liable for serving alcohol to a customer under limited circumstances. Drunk drivers are responsible for the accidents they cause, which may injure or kill another person. In Texas, third parties may also be held liable under certain conditions.

Since bars make money through the sale of alcoholic beverages, they have an incentive to sell as much alcohol as possible. Therefore, they may be held partially responsible for any accidents that result from serving an intoxicated patron.

Dram Shop Liability

There are laws in Texas prohibiting bars, referred to as dram shops, from over-serving alcohol to patrons. Failure to abide by these regulations may result in citation by the Texas Alcoholic Beverage Commission. However, a bar in Texas may be sued only when the establishment:

• Serves any quantity of alcohol to a minor.
• Continues to serve alcohol to an obviously intoxicated adult. This means staff members knew, or should have known, that the customer was drunk but served them anyway.

If a bar in Texas commits either of these offenses, and if anyone is injured as a result, the bar may be held liable in a dram shop lawsuit.

Dram Shop Lawsuits

Under the Texas Proportionate Responsibility Act, multiple defendants may be held liable for injuries resulting from a drunk driving collision. This means both the intoxicated driver and the bar serving alcohol to the motorist may share responsibility for the accident in the event of a lawsuit.

This litigation can be extremely complex, requiring the expertise of an experienced vehicle accident attorney to secure compensation. To learn more, contact the law offices of Steve M. Lee, P.C., by clicking the Live Chat button on this page.

Related Links: Can a Party Host Serving Alcohol Be Liable for a DWI Accident? Understanding How Alcohol Content in Your Blood Affects You Preventing Drunk Driving Accidents

 

Can a bar be held liable for a drunk driving accident caused by a customer?

Rand Paul Awarded $580K for Injuries After Neighbor’s Attack

Sen. Rand Paul’s neighbor has been ordered to pay $580,000 in damages and medical expenses after losing the lawsuit Paul brought against him for injuries sustained when he tackled Paul over lawn maintenance issues at their shared property line. This award was on top of the 30 days the neighbor had to spend in jail plus a $10,000 fine and 100 hours of community service after pleading guilty for attacking a member of Congress, even though the argument was over grass and not weed.
Neighbor Fight Over Grass Pile
Sen. Paul was riding his lawn mower to cut grass. According to Paul, out of nowhere, after dismounting his mower to pick up a stick, he was pounced on by his neighbor, Rene Boucher. Paul didn’t hear Boucher coming because he was wearing noise-canceling headphones, and therefore didn’t have time to avoid or brace for the attack.According to Paul, Boucher, an anesthesiologist, hit him with such force that they both flew five to ten feet through the air. The argument was over creation of grass brush piles. Boucher said he was still livid over previous piles Rand had made and subsequently pushed onto his property, which Boucher had set fire to the day prior. That fire exploded, and left second degree burns on Boucher’s face, neck and arms, and Boucher said he was still in severe pain when he attacked Paul that next day. Rand doesn’t dispute the brush piles, but claimed they were all on his property line, including the ones Paul burned and the ones he was making that day.
Rand Receives High Punitive Award
Boucher broke six of Rand’s ribs in the tackle. Rand also said he was scared, as he laid on the ground in pain, and had a flashback to the 2017 shooting at a baseball practice members of Congress were having, which left Rep. Steve Scalise of Louisiana with serious injuries. It only took two hours for the jury to come back with the award: $375,000 in punitive damages and $200,000 for pain and suffering, plus $7,834 for medical expenses. Boucher plans to appeal.
If you have been attached, physically or verbally, by a neighbor, contact a local personal injury attorney. We all know that sometimes it’s hard to get along with neighbors. But violence is never the answer. If you have suffered injuries, consider contacting a personal injury lawyer today.

The post Rand Paul Awarded $580K for Injuries After Neighbor’s Attack  appeared first on Rutberg Breslow Personal Injury Law.

Rand Paul Awarded $580K for Injuries After Neighbor’s Attack