Sunday, March 31, 2019

No Fatality-Free Days on Texas Roads for More Than 18 Years

Tragically, Texas has a long history of roadway fatalities. There's an unbroken string of traffic deaths for over 18 years, dating back to early November 2000. At least one person dies daily on Texas roadways, and the state is determined to end the streak.

Ending the Streak of Texas Roadway Fatalities

The Texas Department of Transportation (TxDOT) launched the #EndTheStreakTX campaign to remind drivers of the need to keep our highways, backcountry roads, and streets safe.

To raise awareness of the state’s daily traffic deaths, the TxDOT asks citizens to share their personal stories on social media. Everyone is encouraged to upload photo and video testimonials about their loved ones lost in tragic vehicle collisions with the hashtag, #EndTheStreakTX.

To lower the risk of deadly roadway collisions, the TxDOT reminds all motorists to:

  • Buckle up. Not only does seatbelt use save lives, it’s the law. All passengers should be buckled, and parents must use age-appropriate car seats for children.
  • Drive sober. Drunk driving is one of the leading causes of traffic fatalities. The TxDOT urges motorists to behave responsibly and get a sober ride home.
  • Avoid distractions. Motorists should avoid texting, playing with the radio, talking on the phone, or eating while behind the wheel.
  • Obey traffic laws. Speed kills, especially in bad weather. Drivers must observe all stop signs, traffic lights, and speed limits.

By working together, we can end the streak of fatalities and make Texas roads safer for everyone.

Wrongful Death Compensation

If you lost a loved one due to a tragic vehicle collision, your family deserves compensation for medical expenses, the loss of financial support, burial and funeral costs, and pain and suffering.

Representation by an experienced wrongful death attorney can help your family receive the financial support you need and deserve. To learn more about what the law offices of Steve M. Lee, P.C., can do for you, visit us on Facebook.

 



No Fatality-Free Days on Texas Roads for More Than 18 Years

Friday, March 29, 2019

Jury Orders Monsanto to Pay $80M in Roundup Cancer Case 

Last week, a California jury determined Monsanto’s popular Roundup weed killer was a “substantial factor” in causing a longtime customer’s non-Hodgkin lymphoma. What was left to figure out was how culpable the company was in creating a dangerous product and failing to warn consumers. We now have our answer.
In phase two of Edwin Hardeman’s trial, the same jury ordered Monsanto to pay him more than $80 million for failing to include Roundup’s cancer-causing risk on the label.
A Dangerous Product?
“The evidence is overwhelming that Roundup can cause non-Hodgkin’s lymphoma,” Hardeman’s lawyer, Jennifer Moore, told The New York Times. “And despite that, Monsanto continues to deny that.” Moore claimed Monsanto ignored scientific evidence regarding Roundup’s harmful health effects, leading the jury to hold the company accountable.
The science on Roundup, it seems, is split. The World Health Organization deemed glyphosate, a main weed-killing ingredient, “probably carcinogenic” in 2015. But the EPA in 2017 claimed glyphosate it was “not likely to be carcinogenic to humans.” Now, a newer study relied upon by expert witnesses in Hardeman’s trial linked large doses of the chemical to a heightened risk for non-Hodgkin lymphoma.
In the end, the jury was convinced enough to award Hardeman more than $200,000 for medical bills (he underwent chemotherapy treatments and his attorneys claim his cancer is in remission), and another $5 million for his past and future suffering. The remaining $75 million of the award is punitive damages, based on Roundup’s negligence and failure to warn.
Product Liability
Proving fault in a product liability case is no easy task, and generally require proof that the manufacturer knew its product was dangerous. Claims against chemical manufacturers can be based on:

Defects in Design: The chemical is inherently unreasonably dangerous to consumers;
Defects in Manufacturing: The chemical was improperly manufactured, dangerously departing from the intended composition; or
Defects in Warnings: The chemical product lacks adequate instructions or warnings, rendering it unreasonably dangerous.
In this case, the jury was sufficiently swayed that Monsanto knew Roundup was dangerous and failed to place adequate warning labels on the glyphosate-based product.
If you have more specific questions about product liability cases or feel you’ve been injured by a dangerous product, contact a local personal injury attorney.

The post Jury Orders Monsanto to Pay $80M in Roundup Cancer Case  appeared first on Rutberg Breslow Personal Injury Law.



Jury Orders Monsanto to Pay $80M in Roundup Cancer Case 

Wednesday, March 27, 2019

Types of Boats and Vessels Used in Maritime Environments

types of vessels and boatsSeamen work on many different seafaring vessels, and human error, malfunctioning equipment, and dangerous weather can lead to serious accidents and injuries.

Types of Vessels

Seamen frequently work aboard many types
of maritime vessels, including:

  • Offshore platforms. Commonly known as oil rigs, these platforms are either tethered to the ocean floor or allowed to float freely.
  • Drilling barges. These vessels are smaller than other drilling platforms. They're mobile, and typically used for scientific or exploratory drilling.
  • Offshore barges. Barges typically house heavy equipment, such as cranes, and often used to lay pipes and provide transportation and accommodations for workers.
  • Offshore supply boats. They transport goods and workers to other offshore vessels.
  • Crew boats. These vessels transport maritime workers, cargo, fuel, and water to offshore platforms.
  • Push boats. Equipped with mighty engines, push boats move much larger vessels, such as barges.
  • Semi-submersible rigs. These rigs are used to drill for oil and to lift cranes. They're called semi-submersible because the operating deck stays above the ocean surface, while the remainder of the vessel is under water.
  • Jack-up rigs. These are drilling rigs with legs that extend to the sea floor, allowing them to remain elevated above the ocean’s surface.
  • Pipeline vessels. As barges equipped with huge rolls of pipe, they're used to connect offshore oil wells with onshore facilities.
  • Tug boats. These vessels are designed to tow other ships, such as disabled watercraft, oil platforms, or barges.
  • Fishing vessels. Available in many sizes, fishers use them to catch, store, clean, fillet, and package seafood.

Receiving Jones Act Compensation

If you were injured while working aboard one of these vessels, you may be entitled to payments for medical bills and lost wages under the Jones Act. You need a skilled maritime injury attorney to secure 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.

 



Types of Boats and Vessels Used in Maritime Environments

Monday, March 25, 2019

Common Spud Barge Accidents

spud barge accidents and injuriesThere are many types of vessels involved in maritime construction and salvage projects, and few are more important than spud barges. Unfortunately, spud barge work can be particularly dangerous, since it combines the risks of a typical construction site with the hazards of the maritime environment.

Spud Barge Uses

A spud barge is a vast platform loaded with heavy materials and equipment that may be towed into place and moored. Spud barges are typically used for:

  • Pile driving. Pilings are necessary for docks and bridge supports.
  • Marine salvage. Cranes mounted on spud barges facilitate dredging and canal maintenance.
  • Pipeline operations. Oil rig and pipeline repair operations need a base for workers.
  • Construction. Spud barges provide stable platforms for heavy equipment during the development of docks, piers, and bridges.

Injuries Caused by Spud Barge Accidents

Injuries frequently sustained during spud barge accidents include:

  • Back trauma. Back injuries can be caused by sudden trauma from falls, or they may occur over time due to repetitive lifting of heavy objects.
  • Crush or amputation injuries. Spud barge crew members may have their hands or fingers crushed while removing a spud pin, or when they become trapped between heavy objects.
  • Struck-by injuries. Workers can be struck by a swinging crane arm or an object hanging from the crane, resulting in broken bones and spinal cord injuries.
  • Slip and fall injuries. Since spud barges are essentially floating construction sites, they contain numerous trip and fall hazards. These may include loose building materials, slick walking surfaces, and improperly-guarded stairways.

You Need an Attorney

If you were injured while working aboard a spud barge, you might be entitled to receive payments for your medical bills and loss of income. You need an experienced maritime injury attorney to help you collect the compensation you deserve. To learn more, contact the law offices of Steve M. Lee, P.C., by using the form on this page.

 



Common Spud Barge Accidents

Sunday, March 24, 2019

Dangerous Chemicals Aboard Commercial Fishing Boats

chemicals on fishing boatsCommercial fishing is one of America's most hazardous occupations. According to the Centers for Disease Control and Prevention, commercial fishers have a fatality rate 29 times greater than the national average.

Chemicals Used on Commercial Fishing Boats

While everyone thinks of drowning risks when they hear about commercial fishing accidents, these aren't the only dangers workers face. Chemical exposure can also cause serious injuries, and even death. Substances frequently used aboard fishing vessels include:

  • Benzene. Commonly found aboard fishing vessels, benzene is a component of oil and gasoline. Seamen who perform vessel maintenance, such as cleaning oil tanks, are routinely exposed to benzene. Long-term benzene exposure can lead to certain types of cancer, such as leukemia.
  • Hydrogen sulfide. Decomposing fish frequently release hydrogen sulfide gas, which can be toxic when inhaled in a confined space. Hydrogen sulfide exposure may cause tremors, convulsions, nausea, and headaches. At high concentrations, people might experience a loss of consciousness—and even death.
  • Ammonia. Fishing vessels typically have refrigeration units to store their harvests while at sea. These systems use ammonia as a coolant, and this chemical can be hazardous when leaks occur. Ammonia may cause temporary or permanent blindness, and respiratory injuries such as nasopharyngeal and tracheal burns. Exposure to high concentrations of ammonia can lead to permanent lung damage or death.
  • Carbon monoxide. A component of exhaust gases, carbon monoxide is produced when an engine, stove, grill, or generator is running. While it's generally harmless in a well-ventilated environment, in the confines of a fishing vessel, carbon monoxide poisoning can quickly lead to illness or death.

Harmed by Chemical Exposure

If you were hurt due to chemical exposure on a fishing vessel, you’re entitled to compensation for the injuries you sustained. You need an experienced maritime injury attorney who is prepared to fight for you. To learn more, contact the law offices of Steve M. Lee, P.C., by clicking the Live Chat button on this page.



Dangerous Chemicals Aboard Commercial Fishing Boats

Saturday, March 23, 2019

Jury Rules Roundup a Substantial Factor in Man’s Cancer 

Scientists can’t seem to agree on glyphosate. The popular weed-killer ingredient was deemed “probably carcinogenic” by the World Health Organization in 2015, but the EPA in 2017 said it was “not likely to be carcinogenic to humans.” And then a new study suggests people exposed to large doses of the chemical have a heightened risk for non-Hodgkin lymphoma.
But while scientists may not be able to say that glyphosate causes cancer, a jury can. Jurors in a federal lawsuit in California ruled that Roundup — which contains glyphosate — was a substantial factor in causing Edwin Hardeman’s non-Hodgkin lymphoma.
Science Roundup
Hardeman underwent chemotherapy treatments in 2015. This was after the 70-year-old used Roundup to kill poison oak on his 56-acre property for 26 years. Two of the expert witnesses who testified in Hardeman’s case cited the latest study linking glyphosate and non-Hodgkin lymphoma. According to the study’s author, Rachel Shaffer, people who are highly exposed to glyphosate are 41% more likely to contract NHL than the overall population.
But this is just the first phase of Hardeman’s trial. Now that jurors had determined the chemical to blame for his cancer, they must now decide how liable the manufacturer will be. Bayer AG acquired Roundup maker Monsanto last year, and continues to claim “glyphosate-based herbicides do not cause cancer.” Hardeman’s lawyers, on the other hand, claim they have evidence that Monsanto attempted to manipulate public opinion and science to minimize Roundup’s health risks.
Legal Steps
Hardeman’s is far from the only lawsuit claiming Roundup causes cancer. Some 11,000 Roundup suits are pending in American courtrooms, around 760 of which are in front of the same judge as Hardeman’s. His is considered a “bellwether” trial which could impact how those other cases proceed, although Bayer contends the jury finding “has no impact on future cases and trials because each one has its own factual and legal circumstances.” Last year, a different California jury awarded $289 million to a groundskeeper who contracted lymphoma after using Roundup, although a judge later reduced the verdict to about $78 million.
Product liability cases can be complex, especially those that attempt to link products to cancer diagnoses. If you think a particular product is responsible for your cancer, talk to an experienced personal injury attorney about your legal options.

The post Jury Rules Roundup a Substantial Factor in Man’s Cancer  appeared first on Rutberg Breslow Personal Injury Law.



Jury Rules Roundup a Substantial Factor in Man’s Cancer 

Thursday, March 21, 2019

Injuries Caused by Offshore Drilling Equipment Failures

Many offshore drilling workers use heavy machinery daily, and this equipment often causes severe injuries. According to the Bureau of Labor Statistics, the oil and gas extraction industries represented 74 percent of total mining sector fatalities during 2015.

Offshore Drilling Equipment Failure Causes

Drilling for oil and gas offshore is a hazardous job. Offshore drilling equipment may fail due to a number of factors, including:

  • Corrosion. In a saltwater environment, neglecting equipment maintenance can easily lead to corrosion. This is a serious problem in offshore drilling, resulting in equipment failure and work-related accidents. Oil rig corrosion is an electrochemical process that creates pits in the metal surface of the platform. Over time, the increased stress corrosion places on joints or welding imperfections can cause structural fractures and breaks. This leads to serious fall accidents, resulting in broken bones and spinal cord injuries.
  • Welding defects. Welding and offshore drilling each have safety risks, so they're particularly dangerous when combined. Welding accidents occur when workers use defective equipment, or when they lack proper training. Welders experience serious electrical shock injuries due to failure of the ground fault interrupter, and a combination of hydrogen and oxygen in the arc can result in an explosion. These accidents often cause severe burns.
  • Metal fatigue. Pipelines are used to transport oil and gas, and they must be properly inspected and maintained to prevent failure. These pipelines are under extreme pressure, and this pressure can weaken the metal pipe walls over time. This weakening increases the risk of serious explosions, which may cause severe burns, traumatic brain injuries, loss of limbs, and permanent disfigurement.

Receiving Compensation

If you were injured in an offshore drilling accident, you need an experienced workplace injury attorney to help you obtain 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.

 



Injuries Caused by Offshore Drilling Equipment Failures

Wednesday, March 20, 2019

Do workers' compensation payments have a waiting period?

For temporary income benefits (TIBs), yes. The law imposes a waiting period before the payment of workers’ compensation benefits may begin.
 

When an employer subscribes to workers’ compensation insurance, employees injured on the job are entitled to receive temporary income benefits during their period of disability. Disability in this context refers to an injured worker's inability to earn their typical income, not to physical hardship.

Workers’ Compensation Insurance Benefits Waiting Period

Section 408.082 of the Texas Labor Code includes several important provisions related to the timing of workers’ compensation insurance benefits:

  1. TIBs cannot be paid unless an injury results in disability for at least seven days.
  2. The initial wage benefits payment is due to an injured worker on the 15th day following awareness or proof of disability. TIBs will then be paid in weekly installments.
  3. Weekly income benefits will begin to accrue starting on the eighth day after the date of injury. Should the disability persist for two or more weeks beyond the injury date, compensation will then be payable from the date the disability began.
  4. If the injury-related disability doesn't begin immediately, or within eight days of the injury, the accident victim is still entitled to receive income benefits. In this case, TIBs start accrual on the eighth day after the disability began.
  5. Medical benefits aren't subject to the time limits applicable to TIBs, so healthcare expenses are covered immediately.
  6. Benefits continue to be paid until the injured employee is either physically capable of earning pre-injury wages, maximum medical improvement has been achieved, or at the end of 104 weeks from the eighth day of disability.

Receiving Workers’ Compensation

If you suffered a disabling injury at work, you might be entitled to receive workers' compensation benefits for your lost income and medical expenses. An experienced workers' compensation attorney can help you understand applicable waiting periods and ensure that you receive all of the benefits you deserve.

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

 



Do workers' compensation payments have a waiting period?

Theme Park Injuries: Brazilian Boy’s Foot, Leg Allegedly Crushed on E.T. Ride 

A lawsuit filed against Universal Studios is seeking $15,000 in damages after a mother says her son was injured on the E.T. ride at the theme park in January. According to the suit, Tiago Perez’s left foot got stuck between the ride and a cement offloading area near the end, crushing his foot and breaking multiple bones in his toes, foot, and leg.
Here’s a look at his mother’s lawsuit, and similar injury claims against theme parks.
A Normal Kid
According to his family who witnessed the incident and his attorney, Thiago was doing nothing wrong as he enjoyed the ride. “He was just being a normal kid,” Edmund Normand said, “a normal rider.” Another boy injured his right foot on the same ride in 2002.
“Prior to this incident,” the lawsuit alleges, “[Universal] had knowledge that the design, manufacture, testing, construction, and/or operation of the E.T. Adventure ride, created an unreasonably dangerous ride resulting in injuries to guests, but [Universal] continued to market the ride as safe to the unsuspecting public.” The suit also claims that Universal updated its safety measures following the incident, pausing the ride near the exit so an employee could ensure riders’ arms and legs were inside the vehicle.
A Frequent Injury
Universal declined to comment on the lawsuit to the Orlando Sentinel, but injuries at theme parks do happen. And here’s what you should know if they do:

Top 5 Theme Park Injury Concerns: First, you should be aware of the potential dangers lurking inside any theme park. While we are all there for fun and games, there are still injury risks involved.
5 Ways to Sue Over Theme Park Injuries: Not all injuries are the same. For instance, did you slip in a spill that a park employee failed to clean up? Or did a ride malfunction? Or maybe you were assaulted by another park guest. How and whom you sue will be different, depending on your personal circumstances.
5 Personal Injury Lessons From Disney Lawsuits: The “Happiest Place on Earth” once faced 140 injury lawsuits over a 5-year span. So, what did the company learn from those suits, and what can you?
If you or a loved one has been injured at a theme park, contact a local personal injury attorney for help.

The post Theme Park Injuries: Brazilian Boy’s Foot, Leg Allegedly Crushed on E.T. Ride  appeared first on Rutberg Breslow Personal Injury Law.



Theme Park Injuries: Brazilian Boy’s Foot, Leg Allegedly Crushed on E.T. Ride 

Tuesday, March 19, 2019

OSHA's Top 10 Lists of Safety Violations for Fiscal 2018

Every year, the Occupational Safety and Health Administration (OSHA) publishes lists of the top 10 serious and willful safety violations discovered during its worksite inspections.

OSHA Top Violations

The top 10 serious violations for the fiscal year 2018 include:

1. Fall protection (5,899 violations). Falls from scaffolding, ladders, and overhead platforms are some of the most common causes of workplace injuries and fatalities. Fall protection violations also top the list of top 10 willful violations.

2. Scaffolding (3,059 violations). OSHA requires inspections of scaffolding before each work shift, and employees must be trained to use scaffolding safely.

3. Hazard communication (2,949 violations). Employers have a responsibility to provide information through labeling and safety data sheets regarding the identities and hazards of any chemicals workers are exposed to regularly.

4. Ladders (2,480 violations). OSHA requires employers to provide fall protection to employees using ladders above dangerous equipment and machinery.

5. Hazardous energy (2,384 violations). Also known as lockout/tagout procedures, hazardous energy policies safeguard employees responsible for maintaining and repairing electrical equipment.

6. Respiratory protection (2,044 violations). Respirators protect workers from harmful gases, vapors, and sprays, by removing contaminants from the air or providing clean air from another source.

7. Machine guarding (1,710 violations). Machinery safeguards are essential for protecting workers from amputations, burns, and crushed fingers or hands.

8. Powered industrial trucks (1,548 violations). Workers can be injured when they're struck by a lift truck or when a forklift is driven off a loading dock. Employers must ensure operators are trained to handle powered industrial trucks safely.

9. Training requirements for fall protection (1,539 violations). It's mandatory for employers to train workers on the proper usage of fall protection equipment, yet many neglect to do this.

10. Eye and face protection equipment (1,353 violations). OSHA requires employers to provide eye and face protection when needed to protect workers from environmental, chemical, and radiological hazards.

Violations unique to OSHA’s top 10 willful violations list for fiscal 2018 include:

  • Grain handling facilities (22 violations). Workers may be injured by falls, amputations caused by grain handling equipment, and fires and explosions due to grain dust accumulation. These violations are in third place on the list of top 10 willful violations.
  • Requirements for protective systems (19 violations). Each employee in an excavation area must be protected from cave-ins through the provision of required safety equipment. This violation ranks fourth on the list of top 10 willful violations.
  • Mechanical power-transmission apparatus (11 violations). Power-transmission belts that are defective or improperly maintained can seriously injure workers. Failure to maintain and replace these belts is number eight on the list of top 10 willful violations.
  • Permit-required confined spaces (10 violations). Many workplaces have confined spaces, and employees working in these locations have an increased risk of injury due to entrapment and restricted airflow. OSHA requires workers to have a permit to enter these spaces, and violations of this requirement rank ninth on the list of top 10 willful violations.

You Need an Attorney

If you were injured due to violations of these or any other safety standards by your employer, you deserve compensation for the harm you suffered. To learn more about what the law offices of Steve M. Lee, P.C., can do for you, visit us on Facebook.

 



OSHA's Top 10 Lists of Safety Violations for Fiscal 2018

What risks are caused by being aboard a tour boat in Houston?

There are plenty of opportunities for locals and tourists alike to see Houston by boat throughout the year. Companies that own and operate tour boats have a responsibility to properly maintain their vessels, provide adequate safety equipment, and comply with maritime regulations.

When they fail to do so, the consequences for injury victims can be devastating.

Common Types of Tour Boat Accidents

Guests and workers aboard tour boats entrust their safety to the company and employees charged with maintaining and operating the vessel. Unfortunately, negligence can quickly transform an exciting excursion into a tragic event.

Typical Houston tour boat accidents include:

  • Collisions. When a tour boat operator is inexperienced or distracted, the vessel may collide with other boats, a pier, or a dock. This can result in passenger and crew head and neck injuries.
  • Overcrowding. Tour boat operators are often tempted to overload their vessels with passengers, since more guests mean more money. Too much weight leads to instability, causing the boat to fill with water and capsize. Crew members and passengers risk hypothermia, and even drowning, in these accidents.
  • Overboard accidents. Tour boat operator errors or recklessness, such as speeding, making sudden stops, or taking sharp turns, cause passengers and crew to lose their footing and fall overboard. This is particularly true when a vessel lacks proper railing systems to keep people safe.

Seeking Medical Attention

Whether you were a crew member or passenger when a tour boat accident occurred, you should get medical attention for your injuries as soon as possible.

If the owner or operator of the vessel is guilty of negligence, they can be held liable for the harm you’ve suffered. An experienced maritime injury attorney can help you receive compensation for your medical bills, loss of 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.

 



What risks are caused by being aboard a tour boat in Houston?

Monday, March 18, 2019

Increasing Frequency of Trench Excavation Deaths

Practically all building construction sites involve the use of trenches and excavations, and work performed in these areas is more dangerous than nearly any other construction job. Most deep trench work is performed by plumbers or excavators, who dig the troughs necessary for water or sewer lines.

Trench Excavation Risks

There's a significant increase in trench excavation deaths over recent years. In fact, according to the Occupational Safety and Health Administration, the occurrence of excavation and trench-related fatalities during 2016 nearly doubled the average of the previous five years.

Some of the most common fatal trench excavation accidents include:

  • Suffocation. Most trench excavation deaths occur when a trench collapses on itself. Soil can weigh as much as 3,000 pounds per cubic yard, and all of this dirt rains down on workers below when trenches aren’t secured properly. This happens so quickly that workers don’t have time to exit the trench, burying them alive and causing death by asphyxiation.
  • Falls. Utility and construction workers must frequently enter deep holes or trenches to lay pipe, and they can easily fall while attempting to enter or exit a trench. Trenches and holes on construction projects may exceed 20 ft. in depth, creating the potential for fatal falls.
  • Struck-by accidents. Large sewer pipes must be properly secured. If they're not, they might unexpectedly swing around and strike utility and construction workers. Heavy equipment is typically used for excavation, and this machinery can cause fatal injuries when the operator loses control and strikes nearby workers.

Trench Accident Liability

Construction employers have a responsibility to ensure worker safety. If they fail to do so, and a worker dies as a result, the employer may be held liable for their negligence.

If you’ve lost a loved one in a trench excavation accident, you need representation by an experienced attorney. Your lawyer can help you pursue a wrongful death claim to recover funeral expenses, burial costs, loss of income and inheritance, and pain and suffering. To learn more, contact the law offices of Steve M. Lee, P.C., by using the form on this page.

 



Increasing Frequency of Trench Excavation Deaths

Sunday, March 17, 2019

Benzene Exposure May Lead to Leukemia for Refinery Workers

benzene and leukemia causationRefinery workers are vulnerable to numerous health and safety risks, and benzene exposure is one of the most severe dangers they face.

Benzene Exposure Risks

Benzene is a natural component of crude oil and gasoline, and is a known cause of cancer.

Unfortunately, many employers fail to follow the proper safety procedures to protect their workers from benzene exposure. Refinery workers are frequently exposed to the chemical when they breathe in fumes from fuel emissions.

The American Cancer Society lists benzene as a known human carcinogen, and it's identified as a blood poison and bone marrow depressant for decades. Benzene increases the risk of contracting various types of leukemia, including acute myeloid leukemia, acute lymphocytic leukemia, and chronic lymphocytic leukemia.

Leukemia Symptoms

White blood cells allow the human body to fight off infections, but in leukemia victims, the bone marrow generates abnormal white blood cells that don’t function properly. Over time, these abnormal blood cells crowd out healthy cells in the bone marrow, leading to the symptoms of leukemia.

These symptoms vary depending on the type of leukemia, but some of the most common ones include:

●     Weight loss

●     Excessive sweating

●     Recurring nosebleeds

●     Frequent or severe infections

●     Chills or fever

●     Persistent fatigue

●     Frequent bruising or bleeding

●     Bone pain or tenderness

Leukemia Diagnosis and Treatment

Physicians typically diagnose leukemia by running a series of labs, including bone marrow, blood, and spinal fluid testing. The resulting treatment program depends upon a variety of factors, but generally includes radiation therapy, chemotherapy, drug therapy, and bone marrow transplants.

If you were diagnosed with leukemia, you need a knowledgeable attorney who can review your health and employment records to identify any causal link between benzene exposure and your cancer. If your leukemia resulted from working at a refinery, you're entitled to compensation for your medical bills and loss of income.

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

 



Benzene Exposure May Lead to Leukemia for Refinery Workers

Saturday, March 16, 2019

Can You Get Workers’ Comp for Being Mauled by a Rhino? 

Working alongside 4,000-lb wild animals may seem like an inherently dangerous job. And wildlife lovers may not have a whole lot of sympathy for a zoo employee injured by an animal that has already tried to escape twice and should be roaming free in the grasslands of Central Africa.
But a female zookeeper struck by “Archie’s” horn at the Jacksonville Zoo and Gardens is probably just wondering if she can get paid for the time she’ll miss work.
Archie Nemesis
Most employers are required to carry workers’ compensation insurance, which reimburses employees for lost wages due to a work-related injury. A “work-related injury” is generally defined as one suffered while doing something on behalf of your employer or otherwise in the course of employment. While most of the injuries classified as work-related occur at the workplace, some covered accidents may occur at other locations or in company-owned vehicles — as long as the employee was doing something connected to their job.
In this instance, zoo spokesperson J.J. Vitale said the zookeeper was injured when she came into contact with Archie during a routine training session. The zoo’s executive director, Tony Vecchio, said zookeepers conduct the sessions with the animals to prepare them for medical exams, and the training generally involves teaching them how to open their mouth and lift their feet on command, as well as submit to blood tests.
While Vecchio also said there is always a safety barrier between the zookeeper and the animal — and that there were vertical and horizontal bars in between the zookeeper and Archie — Jacksonville Fire and Rescue confirmed she was transported to the hospital with serious injuries.
Zoo Workers’ Comp
Workers’ comp covers injuries which can be connected in some way to an employment requirement or condition, so it’s likely the zookeeper will be covered in this case. If you’re wondering if your work injury falls under workers comp, need help filing a claim, or you’ve had a workers’ comp claim rejected, contact a local attorney for help.

The post Can You Get Workers’ Comp for Being Mauled by a Rhino?  appeared first on Rutberg Breslow Personal Injury Law.



Can You Get Workers’ Comp for Being Mauled by a Rhino? 

Thursday, March 14, 2019

Court: Sandy Hook Lawsuit Against Remington Can Proceed 

In 2016, a Connecticut judge dismissed a lawsuit brought by the families of the victims of the Sandy Hook massacre against Remington, the manufacturer of the weapon used in the killings. But this week, the Connecticut Supreme Court revived part of the lawsuit, ruling that federal protections did not prevent the families from bringing a lawsuit based on wrongful marketing tactics, and claims based on a state law regarding unfair trade practices could move forward.
Here’s a look at the ruling, and what it could mean for future lawsuits against gun makers.
Laws, Lies, and Liability
The suit was initially dismissed pursuant to the Protection of Lawful Commerce of Arms Act (PLCAA), signed into law by George W. Bush in 2005. In the 4-3 ruling, the Connecticut Supreme Court largely agreed with that decision, finding that most of the claims raised by the families were precluded under the PLCAA and a gun manufacturer or dealer cannot be held liable for how a gun is used if the gun was sold legally.
But the parents’ lawsuit also attacked Remington’s marketing campaign, including ads for the AR-15-style Bushmaster used in the 2012 attack that invoked combat violence and told would-be buyers, “Consider your man card reissued.” And the court said the suit could go forward under Connecticut’s Unfair Trade Practices Act.
That statute is aimed at harmful marketing and prohibits advertising the use of a weapon as a potential tool for “offensive military style combat” by civilians. Other Bushmaster ads featured soldiers on patrol in jungles along with the phrase: “When you need to perform under pressure, Bushmaster delivers.” Remington allegedly promoted the rifle to civilians as “the ultimate combat weapons system,” and the Connecticut Supreme Court decided that “it falls to a jury to decide whether the promotional schemes alleged in the present case rise to the level of illegal trade practices and whether fault for the tragedy can be laid at their feet.”
The End of the Road and the End of Immunity?
Appeals are assured and a jury may still find in Remington’s favor, so the suit is far from over. But attacking a gun maker’s ads through state consumer protection laws may provide gun violence victims a path to compensation that didn’t exist before.

The post Court: Sandy Hook Lawsuit Against Remington Can Proceed  appeared first on Rutberg Breslow Personal Injury Law.



Court: Sandy Hook Lawsuit Against Remington Can Proceed 

Sinkholes Create Risks for Construction Workers

sinkhole accidents on construction sitesThe ground beneath our feet isn’t nearly as solid as most of us believe. Dirt, rocks, and minerals are continuously eroded by water over long periods of time. The resulting erosion causes large cavities in the bedrock, eventually collapsing. This is known as a sinkhole.

When a large section of the ground’s surface layer caves in, construction workers are in danger of serious injuries, or even death.

Construction Sinkhole Dangers

Although erosion is a common cause, sinkholes sometimes form due to human conduct. Industrial runoffs, sewer collapses, broken water mains, collapsed mines, demolition, and excavation are among the most common sinkhole catalysts. When a construction site sinkhole occurs, the site owner is responsible for ensuring that workers are safe.

Construction workers charged with the repair of sinkholes face serious risks when:

  • A crane tips over. A crane operating near the edge of a sinkhole can easily tip and fall inside, seriously injuring or killing the construction workers below.
  • The edges further collapse. The edges of a sinkhole can give way, causing workers near the rim to fall. Falling debris may also strike workers below, resulting in serious injuries.

Sinkhole Construction Accident Injuries

Construction site managers and owners are responsible for preventing sinkholes, and for preventing worker injuries when these natural depressions form. If you were injured in a sinkhole construction accident, you need an experienced personal injury attorney to help you receive the compensation you deserve.

Your attorney may consult geologists and engineers to discover the cause of the sinkhole, and investigate the construction site to determine whether proper safety precautions were taken to protect workers. To learn more about what the law offices of Steve M. Lee, P.C., can do for you, visit us on Facebook.

 



Sinkholes Create Risks for Construction Workers

Wednesday, March 13, 2019

Plumbing Van Accidents

plumbing truck accidents Commercial vans are used by many types of workers, including plumbers. These vehicles are extremely useful for transporting the various tools, equipment, and parts plumbers rely on every day, but they can also cause serious damage in a collision.

Common Plumbing Van Collision Causes

Due to their high center of gravity, plumbing vans have a higher rollover risk than most other types of vehicles. Their immense size and weight can impair emergency handling, and the flat sides may contribute to instability in crosswinds.

Typical plumbing truckcollision causes include:

  • Lack of vehicle maintenance. Failure to perform routine maintenance, such as replacing worn brakes and tires, increases the risk of a collision due to a loss of control.
  • Reckless driving. Vehicle operators who are exhausted, distracted, or in a hurry may be guilty of reckless driving. A plumbing van driver can cause an accident by speeding, running red lights, or changing lanes erratically.
  • Being under the influence of alcohol or drugs. Someone behind the wheel of a plumbing van may cause a collision while driving under the influence of drugs or alcohol. These substances can slow reaction times and inhibit sound decision-making.
  • Overloading. Loading a plumbing van with too much cargo can make the vehicle unstable, increasing the risk of rollover accidents. Overloading the van also puts excessive weight on the rear tires, causing a blowout when tires are severely worn or under-inflated.

You Need an Attorney

Plumbing van accidents frequently result in serious injuries, such as broken bones, amputations, whiplash, traumatic brain injuries, burns, and spinal cord damage. Van collision victims are entitled to compensation for these injuries, including payments for their medical bills, loss of income, and pain and suffering.

These cases can be quite complicated, since there may be multiple liable parties including the driver, the driver’s employer, and the company responsible for maintenance of the van. If suffered injuries a collision with a plumbing van, you need an experienced vehicle accident 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.

 



Plumbing Van Accidents

Tuesday, March 12, 2019

Utility Truck Accidents

utility truck crashesWhile most of us envision devastating 18-wheeler accidents when we hear about a truck crash, commercial trucks actually come in many different shapes and sizes.

Commercial utility trucks are typically larger pickups modified to serve a specific purpose.

They're used for a wide variety of tasks, such as electrical work, lawn maintenance, phone line repair, tree trimming, street sweeping, and television cable repair.

While these trucks can help workers provide valuable services, utility truck collisions can cause serious injuries.

Utility Truck Collision Causes

Utility trucks are governed under the law as commercial vehicles, but they're not subject to the same Department of Transportation requirements as semi-trailer trucks. This means utility truck drivers aren’t required to take mandatory breaks or pass a medical clearance in order to drive, and they're generally permitted to drive anywhere within a city.

Utility trucks make frequent stops and they can be difficult to operate, leading to accidents in areas that aren’t typically travelled by larger trucks. Human error is the most common cause of utility truck accidents, since these vehicles are often operated by inexperienced drivers who weren't properly trained.

Utility truck drivers who speed, are distracted, are fatigued, or who drive under the influence of alcohol or drugs can cause serious injuries, including:

  • Whiplash
  • Broken bones
  • Torn ligaments
  • Burns
  • Spinal cord damage
  • Amputated limbs
  • Traumatic brain injuries

Receiving Compensation

After suffering injuries caused by a collision with a utility truck, you may be entitled to receive compensation for medical bills, loss of income, and pain and suffering.

Utility truck accident litigation can be complex, since there may be a number of liable parties including the driver, the company tasked with maintaining the truck, the truck owner, and the driver’s employer. You need an experienced truck accident attorney to 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.

 



Utility Truck Accidents

Sunday, March 10, 2019

What do rapid response teams do after a truck accident?

The hours immediately following a serious truck collision are a crucial period for gathering evidence. Due to the size and weight of commercial trucks, truckers often manage to walk away from such accidents with minor or no injuries.

Motorists in smaller vehicles often aren’t so lucky.

According to the Federal Motor Carrier Safety Administration, 83 percent of fatalities in large truck accidents during 2016 were not occupants of the truck. This typically means that a commercial truck driver is able to contact the trucking company immediately after a collision, while injured passenger vehicle occupants wait for an ambulance. The trucking company will then call its insurance agency, whose law firm will likely have a rapid response team assembled within an hour.

What Rapid Response Teams Do

Evidence needed to determine the cause of a truck collision may be moved or destroyed within just a few hours of the accident. Determining the precise distance between the vehicles involved in the collision and other objects may be difficult once the wreckage is moved by first responders.

Physical evidence, such as skid marks, collision debris, and fluid spills, can quickly be destroyed by heavy traffic or bad weather. To gather this vital evidence before it disappears, the attorneys representing the trucking company’s insurance carrier will likely deploy a rapid response team.

This team, which typically consists of defense attorneys, accident reconstructionists, and investigators, is tasked with gathering evidence as quickly as possible. This evidence may consist of photos of the accident scene, witness statements, event data recorder information, and electronic control module data.

Evidence to Support Your Claim

Trucking companies have rapid response teams led by knowledgeable defense attorneys on their side, so truck accident victims must have their own representation.

If you were hurt in a truck collision, you need an experienced personal injury attorney who understands these unique claims. Your lawyer can preserve physical evidence from vehicles and the accident scene, interview witnesses, and hire investigators and experts 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.

 



What do rapid response teams do after a truck accident?

Thursday, March 7, 2019

Texas Weighs the Impact of New Truck Safety Bills

Proposed legislation considered by the Texas state legislature regarding electronic logging devices and driver education may have an impact on truck safety.

Electronic Logging Devices

Electronic logging devices (ELDs) are intended to ensure compliance with the hours of service requirements mandated by the Federal Motor Carrier Safety Administration (FMCSA). These devices prevent truck drivers from underreporting the hours they spend on the road by maintaining an electronic record of their activity.

Previous legislation requires Texas intrastate motor carriers to install ELDs in their commercial motor vehicles by December 16, 2019. However, a bill currently under consideration, HB153, would exempt intrastate operators transporting agricultural goods from the electronic logging requirement. Advocates of this exemption argue that the ELD requirement creates an unreasonable burden for small trucking companies, but the lack of ELDs in these vehicles may compromise safety.

According to the FMCSA, the ELD mandate produced a decline in hours of service violations of more than 50 percent during the timeframe of May 2017–May 2018.

Truck Safety Education

Pending legislation in Texas, HB105 also requires the state to include information about oversize and overweight vehicles in driver education and safety courses.

This information would include instruction regarding safe following distances and safe passing methods in the curriculum of each driver education course and driving safety course. Hopefully, this additional education will help drivers avoid tragic truck collisions.

You Need an Attorney

Texas laws and regulations pertaining to truck safety are constantly changing, but the rights of truck accident victims remain the same. If you were injured in a truck collision, you might be entitled to receive compensation for medical bills, time missed from work, and pain and suffering.

You need an experienced personal injury attorney who's prepared to fight for you and 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.

 



Texas Weighs the Impact of New Truck Safety Bills

Wednesday, March 6, 2019

Uber and Lyft Traffic Fatalities

Uber and Lyft are increasingly competitive with taxi services and other vehicles for hire, providing an easy and convenient service for passengers. Unfortunately, ridesharing drivers sometimes make serious mistakes that lead to fatal vehicle accidents.

Ridesharing Risks

One of the most significant risks associated with ridesharing companies is a lack of comprehensive driver screening. Uber and Lyft only conduct basic background checks, and there's not a driver training or skill test. This can lead to the hiring of drivers who are unskilled and unqualified, and who may cause fatal accidents due to:

  • Speeding. The faster rideshare drivers can deliver someone to their destination, the more passengers they can serve during a shift. The more riders they transport, the more money they make. This increases not only the risk of accidents, but also fatalities.
  • Distracted driving. While all motorists are at risk of distraction due to factors such as smartphone use, eating, and adjusting entertainment or guidance systems, rideshare drivers face additional risks. They typically rely on electronic navigation to find a destination while behind the wheel, which can distract their eyes from the road. These motorists must also cope with distractions caused by passengers, who may be loud or even intoxicated.
  • Tailgating. Rideshare drivers may become frustrated when the vehicle in front is moving too slowly. This can cause them to tailgate, causing a collision when the lead car makes a sudden turn, stalls, or stops without warning.
  • Fatigued driving. Rideshare drivers often work long hours with little rest, putting them at risk of head-on collisions if they fall asleep behind the wheel.

You Need an Attorney

Rideshare accidents are often particularly complex, since they typically involve multiple parties. If you’ve lost a loved one in an Uber or Lyft accident, you need an experienced vehicle accident attorney to help you pursue a wrongful death claim. You may be entitled to compensation for loss of financial support, loss of emotional support, and loss of quality of life.

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

 



Uber and Lyft Traffic Fatalities

Tuesday, March 5, 2019

Marijuana and Vehicle Accidents

driving while under the influence of marijuanaEveryone knows about the dangers of drunk driving, but operating a vehicle under the influence of marijuana can be just as hazardous. Driving while impaired by any substance, including marijuana, is illegal in Texas.

However, unlike alcohol, there are no standardized tests for driving under the influence of marijuana.

Determining Marijuana Use

Drunk driving tests are only marginally successful in establishing impairment due to the use of cannabis. Blood and urine tests can still detect marijuana for several weeks following substance use, unlike the tests for alcohol and many other drugs. These factors make it particularly challenging to establish that marijuana was consumed within just a few hours of driving. 

Instead, law enforcement generally relies upon field sobriety tests to determine impairment. These tests may include:

  • Horizontal gaze nystagmus test. This test is typically performed by moving an object from side to side in front of a suspect’s face. The officer is looking for an involuntary jerking of the eye caused by substance use.
  • Walk and turn test. This test splits a suspect’s attention between physical and mental activities. The officer provides instructions to walk in a straight line, and watches to determine if there's a loss of balance or inability to stay on the line.
  • One leg stand test. This is another divided attention test, during which the officer requires a suspect to raise his foot, stand still, count, and look down. The officer watches for telltale signs of impairment, such as swaying or hopping.

Determining Fault

If you were injured in a vehicle accident with a driver suspected of driving while impaired by marijuana, you need representation by an experienced vehicle accident attorney. Your lawyer will investigate and gather evidence to demonstrate the driver who caused your collision is guilty of gross negligence due to driving under the influence of cannabis.

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

 



Marijuana and Vehicle Accidents

What happens when a truck driver causes a collision while on opioids?

Opioids are highly addictive substances typically prescribed to a patient by a physician for pain relief. Unfortunately, the nature of their job makes large truck operators susceptible to opioid addiction, creating a deadly hazard when they drive under the influence.

Truck Driver Opioid Use

Commercial driving jobs often require long shifts that include heavy lifting, repetitive motions, and remaining seated for extended periods of time. Truckers are often injured in the process of loading, unloading, or repairing their vehicles.

Opioids can help these drivers continue to make long hauls despite the pain, but this help often comes at a steep price. Frequently prescribed for severe chronic pain, opiates use can lead to addiction in a matter of weeks. Repeated usage stalls the body’s natural production of endorphins, causing the same dosage to quickly lose its effectiveness. Truckers must then increase the dosage to get the pain relief they need, leading to a dangerous cycle of addiction.

This addiction can turn deadly when drivers climb behind the wheel of their trucks. Opioids may cause extreme drowsiness and fatigue, making truckers who drive under the influence a huge threat to everyone on the road.

Determining Truck Driver Drug Impairment

The United States Department of Transportation requires drug testing of any trucker involved in a collision that results in a fatality or disabling damage to any motor vehicle. Prior to the year 2018, truck drivers were only tested for alcohol, marijuana, cocaine, and heroin. However, they're now also tested for opioids, including hydrocodone, oxycodone, hydromorphone, and oxymorphone.

An experienced personal injury attorney can acquire these test results, investigate to determine the level of truck driver impairment, and pursue a claim against the driver and the trucking company. If you were injured by a truck driver who was under the influence of opiates, your attorney can help secure the compensation you deserve. To learn more, contact the law offices of Steve M. Lee, P.C., by using the form on this page.

 



What happens when a truck driver causes a collision while on opioids?

Suitcases Keep Falling on Airline Passengers’ Heads 

When airlines started charging extra for checked baggage, wallet-conscious travelers started stuffing everything they could into their carry-ons. Anyone whose flown in the past few years can tell you the turf war for territory in overhead compartments is real, and flight attendants, too, can attest to the increased injury risk caused by the “carry-on crunch.”
That risk has been borne out by lawsuits against airlines. Most recently, a Colorado man sued Southwest Airlines, claiming flight staff should’ve spotted an “infirm” passenger trying to load a suitcase in an overhead bin and intervened before the suitcase fell on his head.
Overstuffed Overhead Compartments
Charles E. Giebel II claimed he was waiting in his seat at Denver International Airport on his way to Newark, New Jersey in 2017, when another passenger struggled trying to put a suitcase in an overhead bin. Giebel’s lawsuit alleges that flight attendants should’ve noticed the passenger was having trouble and helped him. Instead, the suitcase fell onto Giebel’s head, striking his shoulder, right forearm, and elbow, causing shoulder and head pain, a bleeding abrasion, and other permanent injuries.
Southwest has thus far not issued a comment on the lawsuit.
Airline Liability
Overhead compartment injuries are becoming more common, and those “baggage may have shifted during flight” warnings don’t quite apply in cases like this one. Giebel likely has a pair of claims against Southwest, for general negligence and a failure to properly train its employees.
Negligence require a person to prove that the defendant owed them a duty of care in a specific situation and that the defendant’s failure to uphold this duty led to their injuries. In addition to generally being liable for the on-the-job negligence of employees, employers may also be liable if employees were not trained properly and that failure leads to an injury.
If you’ve been injured — by falling luggage or otherwise — talk to an experienced personal injury attorney about your legal options.

The post Suitcases Keep Falling on Airline Passengers’ Heads  appeared first on Rutberg Breslow Personal Injury Law.



Suitcases Keep Falling on Airline Passengers’ Heads 

Monday, March 4, 2019

Which type of lawyer do I need if I was hurt in a limo accident?

If you were injured in a limousine accident, you need a personal injury attorney. Limousine collision litigation can be extremely complex, and numerous factors may impact the outcome of a case.

Limousine Collision Factors

An experienced attorney must identify all responsible parties involved in a limo accident. Liability for a limousine collision is often shared by:

  • The limousine driver. Drivers are responsible for ensuring their passengers travel safely. Unfortunately, these vehicle operators may fail in this duty by speeding, ignoring traffic signs and signals, using drugs or alcohol, or falling asleep at the wheel.
  • A limousine company. Limo companies are responsible for hiring and training qualified and experienced drivers. They must also routinely inspect and maintain their vehicles to guarantee passenger safety. If a collision occurs due to the actions of an irresponsible driver or vehicle defects, the limo company may be liable for failing to uphold its duty of care.
  • The limousine maintenance company. Many rental fleets contract maintenance and repairs to a third party. If this entity overlooks necessary repairs or fails to maintain a vehicle properly, it may be held liable for the resulting collision.
  • A limousine manufacturer. As with any company that produces and sells products, car manufacturers can be held liable for manufacturing a defective limo when those defects lead to a collision.
  • The limousine conversion company. While popular vehicle brands such as Lincoln and Cadillac manufacture limousines, there are also conversion companies specializing in producing stretch limos from various vehicle models. A regular vehicle is separated into two pieces and extended in order to accommodate additional seating. When this process structurally weakens the vehicle, a conversion company may be held liable for any resulting injuries.

You Need an Attorney

After suffering injuries in a limousine accident, you need an experienced attorney to help you identify the parties that may be liable to receive the compensation you deserve. To learn more, contact the law offices of Steve M. Lee, P.C., by using the form on this page.

 



Which type of lawyer do I need if I was hurt in a limo accident?

Sunday, March 3, 2019

Rental Limousine Safety

Using limousine services are popular ways to celebrate weddings, anniversaries, or graduations in style. While riding in a limo might be a lot of fun, some important safety concerns should be addressed before booking one of these vehicles.

Limousine Safety Concerns

Numerous factors can have a profound impact on limousine safety. Some of the issues to consider prior to hiring a limousine include:

  • Inspections. When you call the limo company, be sure to ask them when the vehicle last passed a city inspection. When the limousine arrives, check the inspection sticker to ensure it's current.
  • Licenses. Ask the limo company if the vehicle has a current limousine license, and find out how long the company has been licensed in your city.
  • History. Ask about the age of the limousine. Search the Safety and Fitness Electronic Records System, operated by the Federal Motor Carrier Safety Administration, for the name of your limo company. You can find valuable information that includes inspection summaries and accident reports for the company’s vehicles.
  • Insurance. When you call a limo company, ask for proof of insurance. Then, contact the insurance company to ensure the policy is still in force.
  • Safety features. Ask the limousine company about the vehicle’s safety features, such as seat belts, airbags, and emergency exits.

Receiving Compensation

Once you settled on a limousine company, you can further protect yourself by remaining alert during your ride, and making sure the driver stays alert and focused.

While taking the precautions listed above can certainly reduce accident risks, a collision may still occur. If you’re injured in a limousine accident, you need an attorney who is prepared to fight for the compensation you deserve. Limousine companies owe a duty of care to their passengers, and both the company and your driver may be held liable for any injuries you sustained.

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

 



Rental Limousine Safety

Friday, March 1, 2019

Pedestrian Traffic Deaths Highest in Nearly Three Decades 

Even with all the new safety technology available — from motion sensors and backup cameras to self-driving cars — 2018 produced the most pedestrian fatalities since 1990; that’s almost three decades.
What accounted for this continued rise in pedestrian deaths, and what can you do if you’re hit by a car? Here’s a look.
Why?
According to a preliminary report from the Governors Highway Safety Association, 6,227 pedestrians were killed on U.S. roads last year — a four percent increase over last year, and up 35 percent over the last decade. While the number of fatalities decreased in 23 states, 25 other states (and the District of Columbia) saw an increase in fatalities, while two states remained constant. And over a third of all fatalities occurred on local roads.
One reason for the increase is that Americans are driving bigger, heavier, and more powerful vehicles like pickup trucks, SUVs, and crossovers. The GHSA report indicates pedestrian fatalities involving SUVs jumped by 50 percent between 2013 and 2017, while deaths involving passenger cars only rose 30 percent over the same period.
And while some technology can keep us out of accidents, other innovations are getting us into trouble. “Another possible factor contributing to the recent rise in the overall number of pedestrian fatalities,” the report states, “could be the large growth in smartphone use over the past decade, which can be a significant source of distraction for all road users.”
The report also indicated that about half of traffic crashes that ended in pedestrian fatalities involved a driver and/or pedestrian impaired by alcohol.
What Now?
When pedestrians are struck by cars, they may recover damages for their injuries based on the driver’s (or someone else’s) negligence. To establish negligence, legally, in a pedestrian accident, the injured person must prove that the person at fault:

Owed a legal duty of care to the injured person under the circumstances;
Failed to fulfill (“breached”) that legal duty through action or inaction;
Caused an accident or injury involving the injured person; and
Harmed or injured the person as a result.
In addition, survivors may file wrongful death claims in the event of a pedestrian fatality, and will also need to prove that the injured person’s death was caused by the accident.
If you or someone you know has been hit by a car, contact an experienced car accident attorney today.

The post Pedestrian Traffic Deaths Highest in Nearly Three Decades  appeared first on Rutberg Breslow Personal Injury Law.



Pedestrian Traffic Deaths Highest in Nearly Three Decades