Why Vehicle Accident Risks Are High on Prom Night

Prom is supposed to be a night of celebration with friends, but it's also one of the highest-risk times for teenage drivers. A vehicle accident can turn a night that was destined to be dreamy into a nightmare instantly.

Prom Night Driving Dangers

According to the Insurance Institute for Highway Safety, the fatal crash rate per mile driven for people 16–19 is almost three times higher than the rate for those 20 and older.

Some of the most common causes of these collisions include:

• Alcohol. Even experienced drivers can have serious accidents due to alcohol consumption, and intoxicated teenagers are particularly prone to engaging in dangerous behaviors that cause collisions. Unfortunately, too many teens succumb to the temptation to drink and drive, particularly on prom night.
• Distractions. Driving requires mental concentration, and even the smallest distractions can lead to a crash. Distracted driving includes any sort of activity that takes a motorist’s attention away from the road, such as texting, eating, and talking with passengers. These risks are even greater on prom night, when teens may be distracted by the excitement generated by their friends.
• Peer pressure. Having other teenagers in a vehicle on prom night can encourage risky driving behaviors. Teenagers want to impress their friends, and this may cause them to speed, tailgate, or make illegal turns.
• Driver inexperience. Teenagers with fewer than two years of driving experience aren’t prepared to recognize and react to hazardous situations. Young drivers will inevitably make mistakes as they learn, and the distractions associated with prom night add to this risk.

Receiving Compensation

If you or your child suffered injuries due to a vehicle accident on prom night, you may be entitled to recover damages for any resulting medical bills, loss of income, and pain and suffering.

You need an experienced vehicle accident attorney to help secure 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: Limousine Accidents and Injuries Tips to Help Teenagers Drive Safely Teens and Seatbelts

 

Why Vehicle Accident Risks Are High on Prom Night

Wedding Reception Food Poisoning Becomes Class Action Lawsuit

When someone tells you that the food at a wedding was bad, it?s not usually that much of a surprise. But when you find out that over forty guests got food poisoning, allegedly from some bad mac and cheese, that?s a whole different story.
Sadly, that?s also a true story, at least according to a recent class action lawsuit against one wedding caterer in the state of New York. Allegedly, over forty guests, including the father of the bride, got sick due to the mac and cheese served. Before the reception ended, paramedics were called to treat several guests due to their vomiting, diarrhea, and other symptoms.�
Always Blame the Caterer
The lawsuit blames the caterer, Holy Smoke BBQ and Catering, for serving bad mac and cheese, causing guests to become violently ill. The caterer claims that it was not their food that caused the widespread food poisoning, and that several other food items could have been to blame. Nevertheless, the judge presiding over the case certified the class, meaning that he agreed to hear the matter as a class action. Generally, when a class action lawsuit gets filed, the party filing the case must prove to the court that the case deserves to be treated as a class action by meeting various requirements.
Wedding Vendor Contract Terms
Unfortunately for individuals planning a wedding, vendor contracts can often be heavily one-sided in favor of the vendors, while still charging you an excessive premium because it is your big day. Along with those premium prices, often, individuals will be stuck with very strong and very broad liability waivers and indemnification clauses, not to mention painfully pricey cancellation policies (if any at all).�
And while you may want to engage an attorney to negotiate these contracts, most wedding vendors won?t negotiate much except price and what services will be provided, and even that is usually limited. As a practical matter, you may want to look over any contracts before spending too much time with a potential vendor, and you should definitely compare contracts from different vendors, in order to get an idea for what is standard and non-standard. If the terms of any contract are too confusing, even after doing some research here on FindLaw, you might want to contact an attorney to give you a crash course in what some of the common contract terms mean for your wedding.
And steer clear of the mac and cheese. �

The post Wedding Reception Food Poisoning Becomes Class Action Lawsuit  appeared first on Rutberg Breslow Personal Injury Law.

Wedding Reception Food Poisoning Becomes Class Action Lawsuit 

Safety of Fired Vessels on Offshore Oil and Gas Platforms in the Gulf of Mexico

Fired pressure vessels are necessary to safely contain liquids or gases at high pressure, and they're prevalent in the oil and gas industry.

Unfortunately, recent inspections have uncovered a large number of cracked and damaged vessels on worksites.

In October of 2018, the Bureau of Safety and Environmental Enforcement (BSEE) published a review of the safety incidents that occurred throughout the Gulf of Mexico.

From January 2016 through May 2018, 17 fired vessel incidents were reported to the BSEE by 12 different operators. In addition, the BSEE issued 76 incidents of non-compliance for fired vessels during this same period.

What Are Fired Vessels?

A fired pressure vessel is used to hold liquids or gases at a pressure that differs from the ambient pressure, typically at a high pressure of 15 psig or more. An external heat source, which may be direct or indirect, is used to maintain the trapped liquid or gas at high pressure.

Fired pressure vessels are typically used in the following industrial settings:

• Electrical
• Automation
• Oil and gas
• Fire protection
• Petrochemicals

Fired Vessel Accidents

Cracked and damaged vessels may rupture and leak, leading to poisonings, suffocations, fires, and explosions. Boilers, wherein fuel is burned to heat water, are the most common type of fired pressure vessel. Common boiler accidents include explosions caused by excessive internal steam pressure, and overheating due to a lack of water.

Other causes of fixed vessel accidents include:

• Poorly-insulated areas
• Insufficient worker training
• Lack of equipment maintenance
• Lack of routine equipment inspections
• Improper handling of hazardous materials
• Failure to maintain safety equipment and systems

Injured in a Fired Vessel Accident

Proper design, installation, operation, and maintenance of fired pressure vessels are crucial components for worker safety. If you were injured due to a fired pressure vessel accident, you may be entitled to receive payments for your medical bills, loss of income, and pain and suffering.

You need an experienced 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.

Related Links: Injuries Caused by Offshore Drilling Equipment Failures Common Causes of Oil Rig Accidents Antiquated Refinery Equipment Can Cause Devastating Injuries

 

Safety of Fired Vessels on Offshore Oil and Gas Platforms in the Gulf of Mexico

FAQs About Medical Records in Injury Cases

In injury cases, the most critical pieces of evidence, after establishing liability, are often the records that show just how bad an injury was, is, or will be.
More often than not, this means that the most important evidence in an injury case will likely be the medical records that objectively document the extent of the injury, physically, and, sometimes, if therapy records are involved, mentally. This is due to the fact that medical records can back up verbal testimony, making it more believable that an injured plaintiff suffered the way, and to the extent, they claim.
Below you can read about some of the most common questions that get asked about medical records in personal injury cases.
Legal How-To: Getting Medical Records for Your Case
Often, just to retain an attorney, you?ll need to obtain some medical records so that the attorney can evaluate your claim. Doing so is often rather simple, but may require you to fill out a few forms.
What Medical Evidence Is Used in Car Accident Lawsuits?
For individuals with extensive medical histories, or medical histories that might be embarrassing, the question often comes up about exactly what medical evidence is needed in injury lawsuits.
Are Dangerous Errors Lurking in Your Medical Records?
While good medical records can certainly make an injury case easier to prove, doctors and nurses are not immune to making mistakes when taking notes.
Have Your Medical Records Been Hacked? Probably.
With all the new tech out there to manage medical records, there?s a good chance that your medical records may have been subject to hack.
What Can I Do After an Improper Disclosure of Medical Records?
Although there are strong privacy protections for medical records, sometimes improper disclosures happen. And depending on the context, there are several options for remedying the improper disclosure.

The post FAQs About Medical Records in Injury Cases  appeared first on Rutberg Breslow Personal Injury Law.

FAQs About Medical Records in Injury Cases 

My child's father died at sea, and we weren't married. Can I recover damages?

When a parent dies at sea, their child may be entitled to receive compensation. Furthermore, if the deceased was in a relationship that's considered a common law marriage in Texas, their partner may have legal standing to pursue a claim.

Common Law Marriage

Any individual who lost a partner at sea may only pursue damages if their relationship was considered a common law marriage under Texas law. This means that a man and woman are considered husband and wife, even though they haven’t had a marriage ceremony.

To have a common law marriage, as defined by Section 2.401 of the Texas Family Code, a couple must:

• Agree to be married; and
• Live together as husband and wife; and
• Tell other people that they're married.

Legal Representation of a Child

Even when the deceased wasn't in a common law marriage, the surviving partner may still pursue a claim on their child’s behalf, under:

• The Death on the High Seas Act. Under this act, a claim may include compensation for funeral expenses, loss of financial support, loss of inheritance, and the value of lost services. The deceased’s child might also recover for the loss of guidance and care.
• The Jones Act. Under the Jones Act, a death claim may be brought against a deceased seaman’s employer on behalf of the child. Recovery can include damages for pain and suffering, medical costs, and loss of income.
• General maritime law. When a seaman’s death occurs within the territorial waters of a state, a general maritime law claim may be brought in conjunction with a Jones Act claim. The surviving child could be entitled to compensation for funeral expenses, loss of inheritance, medical costs, and loss of income.

Receiving Compensation

If you’ve lost your partner in a maritime accident, you or your child may be entitled to recover damages. An experienced maritime injury attorney can help 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.

Related Links: Pain and Suffering Damages for a Wrongful Death Claim Understanding Your Options When a Loved One Dies on the Open Sea The Statute of Limitations and Jones Act Claims

 

My child's father died at sea, and we weren't married. Can I recover damages?

Jury Awards $3.7M in Surgical Malpractice

A recent jury verdict in a surgical malpractice case is making headlines for its size. The $3.7 million award was handed down to a plaintiff who suffered from a surgical complication after a procedure to install an abscess drain.
Apparently, during the surgery, a bile duct was clamped shut, but was not noticed for days. The plaintiff was discharged after the surgery, then promptly complained of pain, fever, and the fact that the abscess drain didn?t seem to be working. Despite his complaints, it took two days before the surgeon recommended he get an emergency surgery to correct the mistake. Years later, his case went to trial and he won big.
Big Verdicts Result From Big Injuries
While many people will look at the big monetary award and wonder if the plaintiff should receive such a large sum, it is often overlooked that large verdicts correspond to large injuries, which don?t always correspond to big accidents.�
Sure, in a short summary or report about any given case with a big verdict, it might seem like there isn?t much to it, but big verdicts that are not supported by actual monetary losses and significant pain and suffering are exceedingly rare. In the surgical malpractice case discussed above, the plaintiff had to undergo a second surgery, and suffered permanent damage to other organs. One often overlooked cost to injury plaintiffs is the cost of future medical care.
What is Surgical Malpractice?
Not all complications or mistakes made during surgery rise to the level of surgical malpractice. Simply put, surgery is surgery. There are inherent risks, things can go wrong, and only mistakes that are due to negligence, or failing to act in conformance with the standard of care (what other reasonable surgeons in the community would do) qualify for a malpractice claim.
Additionally, surgical and medical malpractice claims are often subject to specific rules under state law, including rules that govern how and when a case can be filed. It is a confusing area of the law and anyone that believes they have a medical or surgical malpractice claim should discuss their concerns with an experienced personal injury or medical malpractice attorney.�

The post Jury Awards $3.7M in Surgical Malpractice  appeared first on Rutberg Breslow Personal Injury Law.

Jury Awards $3.7M in Surgical Malpractice 

My son died while he was working at sea. Can I recover damages?

Receiving news that your loved one has passed away at sea is a devastating experience, particularly when it's your son or daughter.
 

When an accident victim dies while working for a maritime employer, the victim’s family may be entitled to compensation. These benefits are provided under the Death on the High Seas Act (DOHSA) and the Jones Act.

The Death on the High Seas Act

The DOHSA permits the parent of a deceased seaman to sue a vessel owner to recover:

• Lost household services. The value of any routine household work previously performed by the deceased, such as cleaning, cooking, and running errands, may be recovered through a DOHSA claim.
• Lost inheritance. Had the deceased continued to live for an average lifespan, it's reasonable to assume that the value of the estate would have continued to grow over time. The DOHSA claim can include this increase in value.
• Lost income. The deceased’s family is entitled to recover the income that would have been earned between the date of the accident and the deceased’s projected retirement date.
• Funeral expenses. If family members have paid for the funeral, this expense can be recovered through the DOHSA claim.

The Jones Act

If a spouse or children survive the deceased, they'll be given priority when it comes to filing a Jones Act claim. However, if the deceased was unmarried with no children, his parents are entitled to pursue additional benefits under the Jones Act, including:

• Pain and suffering. Damages for a deceased seaman’s pain and suffering may be recovered through a Jones Act claim.
• Medical expenses. Any medical costs sustained prior to the seaman’s death are compensable through a Jones Act claim.

You Need an Attorney

If you’ve lost a child at sea, an experienced maritime injury attorney can help you receive compensation through the Death on the High Seas Act and the Jones Act. To learn more, contact the law offices of Steve M. Lee, P.C., by using the form on this page.

Related Links: Receiving Death Benefits for a Spouse Lost at Sea Understanding Your Options When a Loved One Dies on the Open Sea Cargo and Barge Crew Member Risks

 

My son died while he was working at sea. Can I recover damages?

Shrimp Boat Accidents and Injuries in the Gulf of Mexico

Much of America’s shrimp supply comes from the Gulf of Mexico, and shrimping operations benefit the Texas economy.

Unfortunately, workers in the commercial fishing industry are at serious risk of injury.

According to a report issued by the Centers for Disease Control and Prevention, commercial fishers were 29 times more likely
to be killed on the job than the average
American worker between 2000 and 2015.

Shrimping Risks

Work in the shrimping industry is demanding, with extended hours and numerous hazards. When maritime employers hire inexperienced crew members, fail to train workers properly, and don't repair or replace malfunctioning equipment, they're responsible for any resulting employee injuries.

Common shrimping industry accidents include:

• Falling overboard
• Getting caught in shrimping nets or lines
• Exposure to toxic substances and electrical currents
• Being struck by falling objects
• Sinking, grounding, or capsizing of the vessel
• Slips and falls caused by slippery and uneven surfaces
• Entanglement in winches and cabling
• Accidents caused by winches and other heavy equipment
• Collisions with other vessels
• Falls from ladders
• Operating during hazardous conditions, such as a storm at sea

Shrimping Injuries

Working on a shrimp boat can lead to severe injuries, including:

• Sprains
• Dislocations
• Head injuries
• Serious cuts and broken bones
• Acute neck and back injuries
• Crushed and amputated limbs

Preventing Shrimp Boat Injuries

Shrimping industry employers have a legal obligation to prevent workplace injuries, and they may be held liable for their failure to do so. If you or a loved one was injured while working aboard a vessel, you might be entitled to receive maintenance and cure benefits under the Jones Act. This will provide compensation for housing costs and medical care while recovering from injuries sustained on the job.

These claims can be complex, but an experienced maritime injury attorney can help recover the damages you and your family deserves. To learn more, contact the law offices of Steve M. Lee, P.C., by clicking the Live Chat button on this page.

Related Links: What Are Plate Freezer Accidents? Dangerous Chemicals Aboard Commercial Fishing Boats Shrimping Vessel Accidents

 

Shrimp Boat Accidents and Injuries in the Gulf of Mexico

Who to Sue After a Water Park Injury

With summer right around the corner, water parks are probably performing annual maintenance and inspections to make sure that their attractions are ready for the upcoming season.
However, no matter how much work water park owners do, the simple fact is that water parks can be really dangerous. Waterslides, wave pools, wet grounds, children running around, and alcohol, all make water parks particularly prone to accidents. And when people get injured, if it was the result of the water park?s negligence, the injured person may be able to sue to recover money for medical bills, lost wages, and pain and suffering.
But Who Do You Sue?
When it comes to filing a lawsuit for water park injury, one issue you might be confused by involves who you sue. If individual water park employees, or other water park guests, were involved, you may need to name those individuals in the lawsuit, as well as the owners and operators of the water park. It should also be noted that the owners may not be the same people or company as the operators.
Often theme parks may be owned by one company while being operated by another, and depending on the basis of your case, you may need to sue one or the other, or both.
Do I Have to Sue Another Guest?
If it was another guest that caused your injury, you may still be able to sue the park only, though you should certainly consult with an attorney before dismissing, or leaving out, any potentially involved party. Many jurisdictions require individuals to file all their related claims against different individuals in a single action.
Water Park Liability Waivers
Often, water parks and other theme parks will disclaim liability for injuries that result from the ordinary, and even negligent use or operation, of their facilities. However, not all liability waivers and disclaimers are enforceable. So even if you signed something, you may still want to consult with an attorney.

The post Who to Sue After a Water Park Injury  appeared first on Rutberg Breslow Personal Injury Law.

Who to Sue After a Water Park Injury 

Shrimping Vessel Accident Statistics in the Gulf of Mexico

Commercial fishing is one of America’s most dangerous occupations, and shrimp boat accidents are unfortunately quite common. According to the Centers for Disease Control and Prevention, there were 164 commercial fishing deaths in the Gulf of Mexico between 2000 and 2014.

Shrimp Boat Accident Causes

Between 2010 and 2016, Gulf shrimping fleets experienced more fatalities than any other type of commercial fishing vessels. The 25 shrimp boat deaths occurring during this period constituted half of all fishing vessel deaths in the Gulf region.

Among shrimp fishers, leading causes of death included:

• Vessel disasters. Sinkings, capsizings, fires, groundings, and other hazards that forced crewmembers to abandon ship accounted for 51 percent of all fatalities.
• Drownings. Most of the falls overboard that led to drownings were caused by loss of balance, or being struck by or entangled in gear. None of the drowned crewmembers were wearing personal flotation devices. At 27 percent, drownings were the second leading cause of shrimp boat fatalities.
• Onboard injuries. Onboard injuries, caused by contact with equipment, getting caught in winches, and being struck by objects, led to 18 percent of fatalities.

Protecting Shrimp Boat Workers

Vessel operators have an obligation to protect workers by providing them with proper safety training, adequate personal protective equipment, safety devices on deck machinery, man-overboard alarm systems, and rescue equipment.

They also have a responsibility to ensure the integrity of the vessel, routinely inspect electrical wiring, hoses, and fuel lines for any damage, and perform regular maintenance to prevent fires and explosions.

If you were injured due to an accident aboard a shrimping vessel, you’re entitled to compensation for your housing costs and medical care under the Jones Act. In the event of the loss of a loved one, you may pursue a wrongful death claim to recover damages for loss of inheritance and support.

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

Related Links: Types of Shrimping Accidents Maritime Conveyor Belt Accidents Shrimp Boat Accidents

 

Shrimping Vessel Accident Statistics in the Gulf of Mexico

Refinery Risk Reduction Through Process Hazard Analysis

Texas refineries are required to comply with all applicable Occupational Safety and Health Administration (OSHA) standards, including process management systems.

These systems are intended to reduce the risk of serious injuries and fatalities, and one of the most important elements of a process management system is the process hazard analysis.

Process Hazard Analysis

A process hazard analysis (PHA) is a method used to identify and assess possible risks associated with the processing and handling of hazardous materials. Refineries rely on this analysis to understand the potential causes and injuries associated with toxic chemical spills, fires, and explosions.

The PHA should include:

• Human factors analysis. This identifies the human causes of an accident, such as inadequate or confusing equipment labeling, or a lack of clear emergency exit routes.
• Previous incidents. The PHA includes an examination of any previous safety incidents that could have caused catastrophic injuries.
• Facility siting. This is an assessment of the risks of explosions, fires, and toxic exposure associated with occupied buildings.
• Hazard detection equipment analysis. This evaluates the equipment used to detect the release of hazardous substances, such as hydrocarbon sensors.

The Importance of Process Hazard Analysis

Once a PHA is complete, OSHA requires the employer to establish a system to ensure that recommendations from the PHA are implemented. This may also involve the creation of new emergency and maintenance procedures. Failure to outline and follow these changes may result in critical worker injuries or fatalities.

If you were hurt due to your employer’s failure to properly conduct a PHA, you may be entitled to receive compensation for loss of income, medical expenses, and pain and suffering. In the event that you lost a loved one in a refinery accident, a wrongful death claim can help with burial and funeral costs, loss of financial support, and loss of companionship.

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

Related Links: Refinery Burn Injuries Reporting Workplace Hazards Chemical Exposure Risks for Workplace Illnesses

 

Refinery Risk Reduction Through Process Hazard Analysis

Chicago Student Dragged Down Stairs at School by Police, Files Lawsuit

A 16-year-old Chicago high school student has filed a civil rights lawsuit against the city’s police, alleging excessive force for tasing her multiple times, dragging her down a flight of stairs by her foot, pushing her down another flight stairs, hitting her, stomping her chest, and more, all while her father watched.
What?s more, this entire incident happened at the student?s high school and was captured on camera. According to reports, the student was removed from class for refusing to put away her cell phone. The police officers were supposed to escort her off school grounds, to her father, who was waiting at the entrance. The surveillance footage clearly shows officers grabbing her and basically throwing her down the stairs, then pouncing on her. Shockingly, after the incident, she was charged with 2 counts of aggravated assault on the officers (both counts were dropped).
Video Backing Up the Victim
Notably, the high school student maintained that the officer instigated the attack by grabbing her and throwing her down the stairs. While the officers reported she pushed them down the stairs, the student explained that she attempted to hold onto the officer?s clothing, after being thrown down the stairs initially. Then, she held onto the officer, while another officer pulled her down the second flight of stairs by her foot. Her father attempted to intervene, but was told to move back and complied, and watched the beating ensue.
While the videos don?t show what happened before the student was grabbed and thrown down the stairs, what the videos do show corroborate the student?s story. Notably, body cam footage has not been released.
Fighting Back Against Police
Generally, when a person is being arrested, or taken into police custody, fighting back or resisting will be grounds for serious criminal charges. In only very limited circumstances are individuals ever justified in fighting back, such as when the arrest is unlawful, or when officers are using excessive force. But these situations can be rather difficult to accurately assess, especially in the heat of the moment.

The post Chicago Student Dragged Down Stairs at School by Police, Files Lawsuit  appeared first on Rutberg Breslow Personal Injury Law.

Chicago Student Dragged Down Stairs at School by Police, Files Lawsuit 

The Importance of Properly Maintaining Refinery Equipment

Oil refineries are critical to the production of petroleum products, such as gasoline and heating oil.

These facilities contain miles of pipes and machinery, and this equipment must be properly inspected and maintained on a routine basis in order to prevent accidents caused by wear and tear.

From complex machinery to simple hoses and connections, refineries depend upon the functionality of the equipment they use.

Taking equipment out of service can disrupt a refinery’s production schedule, so management might be tempted to ignore the machinery’s recommended maintenance and calibration schedule. Companies also sometimes attempt to save money by making equipment last well beyond its serviceable lifespan.

To meet the incredible demand for gasoline and other refined petroleum products, companies sometimes prioritize the bottom line above the safety of their employees. When refinery equipment isn’t properly maintained, serious accidents occur.

Refinery Equipment Malfunction Injuries

Refinery equipment can only operate efficiently when it's routinely recalibrated and kept as clean as possible. Pipes and holding tanks are frequently exposed to bad weather and salty air, weakening and corroding any metal surfaces that aren’t maintained properly.

When oil refinery equipment malfunctions, serious injuries may result, including:

• Electrocution. When a refinery's electrical equipment isn’t properly maintained, workers may be at risk of electrocution injuries such as cardiac arrest; muscle, tissue, or nerve damage; and thermal burns.
• Burns. Malfunctioning equipment can cause crude oil to overheat, resulting in severe burns when the oil comes into contact with workers.
• Crush injuries. Equipment malfunctions frequently lead to head injuries, spinal cord damage, and amputation when workers are struck by or caught between the machinery.

Oil Refinery Responsibilities

Refineries are responsible for maintaining a safe work environment. If you suffered a workplace injury at a refinery, you may be entitled to receive compensation for medical expenses, 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: Injuries Caused by Offshore Drilling Equipment Failures Facial Disfigurement After a Refinery Accident What Causes Refinery Explosions?

 

The Importance of Properly Maintaining Refinery Equipment

California Women’s Hospital Sued for Filming 1,800 Patients

Sharp Grossmont Hospital in El Cajon, California claims it was investigating employee theft of anesthesia drugs. So it installed motion-activated cameras on drug carts in three operating rooms at the facility. The only problem? Those three rooms were part of the women’s health center, and the secret cameras recorded some 1,800 patients in various stages of undress, undergoing Cesarean births, hysterectomies, and sterilization and miscarriage procedures.
"At times, Defendants’ patients had their most sensitive genital areas visible," according to a lawsuit filed against the hospital, "patients’ faces were recorded, and the patients were identifiable." This isn’t the first suit involving the video surveillance at Sharp Grossmont.
Patient Safety or Patient Surveillance?
Eighty-one women filed the potential class action lawsuit, and hundreds more could join. "It’s universal shock from the patients, and disgust," according to their attorney, Allison Goddard. "They don’t know how their videos might be used or who may have seen them because Sharp didn?t make sure that that would be taken care of." The hospital is allegedly still in possession of thousands of videos.
Representatives from Sharp HealthCare and Sharp Grossmont Hospital released a statement asserting the surveillance was set up "to ensure patient safety by determining the cause of drugs missing from the carts":
Between July 2012 and June 2013, Sharp Grossmont Hospital installed and operated one hidden camera on the anesthesia cart located in each of three operating rooms in the Women?s Center. The purpose of the three cameras was to ensure patient safety by determining the cause of drugs missing from the carts. An initial lawsuit alleging privacy violations and other claims stemming from the video recording was filed against Sharp HealthCare and Sharp Grossmont Hospital in 2016. The case remains active and Sharp is not in a position to comment further about the matter. Sharp HealthCare and Sharp Grossmont Hospital continue to take extensive measures to protect the privacy of its patients.

Privacy and Negligence
This lawsuit puts forth several invasion of privacy claims. And while Sharp spokesperson John Cihomsky told the New York Times that only a handful of authorized people in the company’s security, legal and clinical departments reviewed the videos and that the "videos themselves are, and have always been, securely maintained," that lawsuit also charges the hospital with negligence for storing the videos on computers used by multiple people, some of which were not password protected.
Patient privacy, and breach, is a serious matter. If you think a medical provider has improperly recorded, used, or released your medical information, talk to an attorney immediately.

The post California Women’s Hospital Sued for Filming 1,800 Patients  appeared first on Rutberg Breslow Personal Injury Law.

California Women’s Hospital Sued for Filming 1,800 Patients 

Airline Sexual Assault on the Rise?

They’re not stories you hear often, but when you do, they sound horrific. JetBlue is being sued by two flight attendants who claim two pilots drugged both and raped one during a layover. The women claim the airline did nothing when they reported the assault and are suing for sex discrimination and civil rights violations, along with aggravated sexual abuse and assault and battery claims.
And while that particular incident could’ve happened in any workplace, it comes against a backdrop of increased sexual assault of passengers as well. So how do you stay safe?
Coworker Assault
"The allegations in the complaint are obviously very serious and what happened to these women is horrific," Abe Melamed, attorney for the two flight attendants told The New York Times. "But the bigger concern is how JetBlue handled it and the fact that no corrective action was taken." That inaction amounted to "allowing sex discrimination, gender discrimination and a hostile work environment," according to the lawsuit.
The incident in question happened when the two women and a third female coworker were in San Juan, Puerto Rico on a layover after a flight from D.C. The trio encountered pilots Dan Watson and Eric Johnson at a beach near their hotel. Johnson offered a beer to one of the women, according to the lawsuit, and she shared it with the others. "The beer was laced with a drug," the suit claims, "and after that point, the rest of the night became a blur." One of the women, referred to as Jane Doe 1 in legal filings, said she remembered Johnson raping her and her coworker. The third woman, Jane Doe 2 in the lawsuit, avoided being assaulted herself only because she was sick and vomiting from the drug and Watson allegedly found it to be "a turnoff."
JetBlue allegedly took no disciplinary action against Watson or Johnson, and one of the victims continues to see her attacker at work, according to their attorney.
Co-Passenger Assault
According to the FBI, in-flight sexual assaults climbed to 63 in 2017, up from 38 in 2014. (Although assaults dropped to 39 in 2018.) And one out of five flight attendants reported receiving complaints of passenger-on-passenger sexual assault while working on a flight.
The FBI suggests keeping the armrest down between you and your seatmates to discourage physical contact. And Laura Palumbo of the National Sexual Violence Resource Center recommends seeking flight attendant help immediately if someone is making you uncomfortable or invading your personal space. Additionally, Tammy Yard-McCracken, the owner of Personal Defense Industries, told the New York Times how escalating your responses can de-escalate a possible assault:

Ask the person to stop the intrusive behavior: "Can you please stop touching my leg?"

If it persists, escalate to a "command statement," such as, "I need you to stop touching my leg."

Failing that, use a "statement of consequences," such as, "If you don?t stop touching my leg, I will call a flight attendant."

Sadly, it’s not always possible to prevent sexual assault. If you’ve been the victim of an assault, contact an experienced injury attorney to discuss your options.

The post Airline Sexual Assault on the Rise?  appeared first on Rutberg Breslow Personal Injury Law.

Airline Sexual Assault on the Rise? 

U.S. Victim’s Family Sues Boeing for Ethiopian Plane Crash

The family of an American passenger on board the recent Boeing 737 Max passenger plane that crashed last month in Ethiopia has filed a lawsuit against the plane’s manufacturer.
The lawsuit alleges that Boeing was negligent on many different fronts, put profits ahead of safety, and should be held liable for the crash. The allegations explain that a few months before the Ethiopian crash, the same type of plane, being operated by Lion Air in Indonesia, suffered the same sort technical failure causing a similar fatal crash.
Boeing to Blame
The case against Boeing, in large part, also implicates the Federal Aviation Administration, as the agency approved the subject planes as safe. But the case lays the blame with Boeing, as it pushed the new 737 Max aircrafts to different airlines with a sales pitch that promised the new planes did not require retraining for pilots familiar with prior 737 aircrafts. Pilots were provided with a short iPad tutorial, which notably did not explain that the planes were equipped with an aggressive autopilot computer that is believed to be behind both the Ethiopian and Indonesian crashes.
The lawsuit pushes for punitive damages (damages meant to punish a defendant’s egregious behavior) because it is alleged that Boeing should have grounded all 737 Max planes after the Lion Air crash due to the faulty autopilot.
Autopilot Too Strong for Real Pilots
The autopilot computer on board the 737 Max is designed to work by automatically pushing the nose of an aircraft down if the plane begins to stall. It is designed to do so to protect against pilots pulling the nose up too high during an engine stall (presumably, a common pilot error). However, it is alleged that the autopilot’s automatic nose dip in the two recent crashes were so strong that the pilots could not correct it, causing the planes to crash. The complaint describes the event as the pilots being "engaged in a terrifying tug-of-war" with the autopilot.
Notably, the American passenger on board the Ethiopian Air flight was the niece of American politician and activist, Ralph Nader.

The post U.S. Victim’s Family Sues Boeing for Ethiopian Plane Crash  appeared first on Rutberg Breslow Personal Injury Law.

U.S. Victim’s Family Sues Boeing for Ethiopian Plane Crash 

Border Patrol Chase Injuries Are Skyrocketing — Will Lawsuits Follow?

According to a joint investigation by ProPublica and the Los Angeles Times, at least 22 people have died and another 250 have been injured and following a Border Patrol pursuit — in the last four years alone. It seems that an unfortunate side effect of the Trump administration’s current immigration policy (coupled with what the report describes as "the agency?s loose pursuit policies") has been a drastic increase in Border Patrol chases, and subsequent accidents.
ProPublica found that agents during that span engaged in over 500 pursuits in border districts in Arizona, California, New Mexico, and Texas, and one out of three ended in a crash. So, can people injured in those crashes sue the government? Here’s a look at law enforcement liability generally, and who can be liable for police chase injuries.
Hot Pursuit
Unsurprisingly, the Border Patrol wasn’t forthcoming with details on chase and crash data. So reporters needed to piece together information from federal criminal complaints filed against suspected human smugglers. Those complaints have been increasing, as have the chases and subsequent injuries — up 42 percent over the last two years. According to the report, here’s how Border Patrol chases get started, and how they end up:
They initiate dangerous chases after noting that cars are carrying unrestrained children or are packed so far beyond capacity that the weight makes them ?ride low.? They catch up to find people screaming and banging from the insides of trunks …
At speeds deemed by experts to be wildly unsafe, agents box in moving vehicles, puncture tires and employ tactics intended to spin cars off the road …
Every nine days, on average, these chases end in a crash. One caused a fire that spread over more than 20 acres. Another injured a dozen bystanders and six immigrants, including a 6-year-old girl who wound up on life support.

Cold Light of the Law
So, can Border Patrol agents, or the agency itself, be held liable for crash injuries? Sadly, probably not. Law enforcement officials are often given broad governmental immunity in the discharge of their duties. Additionally, standard negligence claims require four elements:

Duty: A owed another a legal duty to use reasonable care under the circumstances;
Breach: That person breached that legal duty by acting or failing to act in a certain way;
Causation: It was this breach that actually caused the injuries; and
Damages: The injury is real and compensable.

And when it comes to police chases in particular, many courts have found that officers do not owe a duty of care to the suspects they are pursuing, much less that they’ve breached the duty during the pursuit. Some jurisdictions have found officers owe a duty of care to bystanders.
While it is possible that officers could be found liable for injuries if they violate an internal policy regarding pursuit, Pro Publica reports that the Border Patrol’s policy (unlike those of other law enforcement agencies) does not limit the kinds of offenses agents can use as justification for chases, and merely advises agents to pursue only when the "benefit of emergency driving outweighs the immediate danger."
Suing the police in any instance can be a complicated process — different from the normal personal injury lawsuit — and requires the assistance of experienced attorneys. Contact one in your area today.

The post Border Patrol Chase Injuries Are Skyrocketing — Will Lawsuits Follow?  appeared first on Rutberg Breslow Personal Injury Law.

Border Patrol Chase Injuries Are Skyrocketing — Will Lawsuits Follow? 

Bars Sued After Deadly Car Crash: What Is Dram Shop Liability?

Joey Lee Bailey drank at least two 22-ounce beers and three double White Russians at Roosters Wings in Georgetown, Kentucky last January. He then drank at least one more beer and four more double White Russians at Horseshoes Kentucky Grill & Saloon in Lexington that same night. Bailey then hopped on Interstate 75 with a blood alcohol content four times the legal limit, and headed in the wrong direction. Bailey’s vehicle collided with one carrying the Abbas family home from a Florida vacation, killing him and all five family members, including three children aged 14, 13, and 7.
Now, relatives of the Abbas family are suing Roosters and Horseshoes (along with Bailey’s estate), claiming the bars overserved Bailey and are liable for the accident. When are bars responsible for injuries caused by overserved patrons, and what are so-called "dram shop" laws?
Dram Laws and Limitations
Dram shop laws generally allow DUI victims or their families to sue alcohol vendors or retailers for monetary damages to compensate for injuries or wrongful death. Kentucky, however, has strict limits on bar and alcohol server liability. Declaring "the consumption of intoxicating beverages, rather than the serving, furnishing, or sale of such beverages, is the proximate cause of any injury, including death and property damage, inflicted by an intoxicated person upon himself or another person," Kentucky’s dram shop statute stipulates that the "intoxicated person shall be primarily liable" for any injuries they cause, unless "unless a reasonable person under the same or similar circumstances should know that the person served is already intoxicated at the time of serving."
It’s possible in this case that Roosters and Horseshoes staff knew Bailey was already intoxicated when they served him — WKYT reports that Lexington police already accused Horseshoes of overserving Bailey, and the bar and the city previously discussed proposed punishments.
Outside of Kentucky and this incident, however, how do dram shop laws work? Here are three frequently asked questions:
1. What Are Dram Shop Laws?
As noted above, dram shop laws can vary from state to state, and while some can create liability for alcohol servers, others, like Kentucky’s, can limit that liability or put most of the blame on the drinker. Normally, a plaintiff will need to prove that the bar furnished alcohol to the patron, that servers were (or should’ve been) aware the patron was intoxicated, the patron injured someone, and that the alcohol or intoxication played a role in the injuries.
2. When Are Bars Liable for Overserving Alcohol?
Obviously, it may be difficult to tell if a patron is intoxicated, and many bartenders are loath to cut someone off, especially if they are a regular. But many factors can come into play, such as how much contact the staff had with the patron during their visit and whether they knew the patron would be driving.
3. I Was Over-Served at a Bar, Can I Sue?
Most dram shop laws — Kentucky’s included — deal with injuries to third parties by an intoxicated person. But what if that intoxicated person is you, and you injure yourself? That could depend on where you live. New Jersey, for example, allows patrons to sue bars for over-serving, while New York expressly prohibits such lawsuits. And even if you’re allowed to sue, your own contributory negligence might limit how much you can win.
Any injury lawsuit is complex and depends on specific state laws and the circumstances of your case. For help with dram shop claims or any other injury matter, contact a local personal injury attorney for help.

The post Bars Sued After Deadly Car Crash: What Is Dram Shop Liability?  appeared first on Rutberg Breslow Personal Injury Law.

Bars Sued After Deadly Car Crash: What Is Dram Shop Liability? 

Which Cities, States Have the Most Distracted Drivers?

We all know distracted driving is a problem. Many of us are using "do not disturb" functions that can mute alerts when we’re on the road. Even if we’re not willing to completely give up our smart phones and watches while behind the wheel, we know that hands-free options are better. And states are passing more and more anti-distracted driving laws.
But the message isn’t getting through to everyone. And the residents of some states are worse offenders than others when it comes to distracted driving. Zendrive, a mobile driving analytics platform, just released a report analyzing data from 1.8 million drivers and 4.5 billion miles of road. So where were drivers the most distracted?
Eyes on the Road
Zendrive also surveyed 500 people for its annual Distracted Driving Snapshot, and found instances of distracted driving had become far more widespread and common than previously thought. The report indicated that 60 percent of drivers use their phones at least once during the day, and that at any given hour, 40 percent of drivers on the road are using their phones. And the smallest distraction can be catastrophic:
Overall, drivers use their phones for an average of 1-minute, 52-seconds of every hour behind the wheel. At 55 mph, this is like driving 1.2-miles blindfolded, or the length of 21 football fields. However, this stat also takes into account the drivers who don?t use their phones at all. When looking only at drivers who use their phones at least once, this average doubles, shooting up to 3-minutes, 40-seconds of every hour. At 55 mph, this is like 42 football fields blindfolded. Dangerous indeed!

State of Distraction
It turns out that drivers in Seattle, Portland, New York, Pittsburgh, and Chicago were the least distracted. Not surprising, since many of those cities have extensive public transit options. The bottom five cities on the list were Houston, Miami, Detroit, San Jose, and Los Angeles. The most distracted states?

Mississippi
Rhode Island
Louisiana
Oklahoma
Connecticut

According to the National Highway Traffic Safety Administration, 3,166 people we killed in distracted driving accidents in 2017 alone. But proving that distracted driving caused a crash can be difficult. If you’ve been injured in a car accident and think the person responsible was distracted while driving, talk to an experienced motor vehicle accident attorney about your legal options.

The post Which Cities, States Have the Most Distracted Drivers?  appeared first on Rutberg Breslow Personal Injury Law.

Which Cities, States Have the Most Distracted Drivers? 

Insufficient Training at Refineries Causes Injuries

Refineries are crucial components of energy production in Texas, but not all refineries maintain safe operating procedures.

Refinery accidents often result in devastating injuries, but they're preventable with proper employee training.

These facilities have a responsibility to ensure all employees have a clear understanding of the equipment they use, the chemicals
they're handling, and the dangers of combustion.

Refineries can reduce the risks of accidents and worker injuries by requiring employees to:

●     Avoid horseplay.

●     Report to work well-rested and alert.

●     Immediately report any accidents and injuries.

●     Only perform those job functions for which they have been properly trained.

Importance of Refinery Worker Training

While safety procedures are primarily used to prevent serious worker injuries, an emphasis on safety also makes employees feel more valued by their employers. In addition, safety procedures help companies maximize production by avoiding accident-related interruptions and shutdowns. Refineries must provide workers with training that includes:

●     Safe work habits

●     Hazardous substance risks

●     Emergency response procedures

●     Proper usage of personal protective equipment

●     Safe usage of electrical equipment

Risks Due to Lack of Training

Refinery employees work in close proximity to massive quantities of flammable and toxic chemicals every day. These individuals are frequently exposed to hazardous chemicals and dangerous byproducts of oil and petroleum production. Employees at the greatest risk of injury include welders, platform workers, pipe fitters, painters, sandblasters, and shutdown workers.

Creating and enforcing safety procedures is a critical component of minimizing potential disasters. Common consequences of refinery employee safety violations include:

●     Lead poisoning
●     Benzene exposure
●     Respiratory system damage
●     Severe burns
●     Head trauma and brain damage
●     Broken bones
●     Electrocutions
●     Lung disease
●     Leukemia
●     Mesothelioma
●     Multiple myelomas

You Need an Attorney

If you were hurt in a refinery accident, you’re entitled to compensation for medical bills, loss of income, and pain and suffering. An experienced workplace injury 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.

Related Links: Workplace Hazards Are Growing for Texas Oil and Gas Workers Antiquated Refinery Equipment Can Cause Devastating Injuries What Causes Refinery Explosions?

 

Insufficient Training at Refineries Causes Injuries

The Risk of Defective Equipment on Construction Sites

Construction work is inherently dangerous, and these dangers are sometimes caused by defective equipment, such as heavy machinery and power tools.

Equipment manufacturers have a responsibility to produce safe products, including construction machinery and tools.

These products can endanger even the most cautious workers. Common defects may include:

●     Design defects, such as a lack of critical safety features

●     Manufacturing defects, such as inferior materials or poor quality control

●     A lack of appropriate warning labels on the product

Types of Defective Equipment

The types of equipment most likely to cause construction worker injuries include:

• Forklifts. These machines used on practically all construction sites, since they're invaluable for moving heavy loads. Unfortunately, forklifts are also large and complicated, often causing serious injuries such as lacerations, broken bones, and spinal damage when there are defects in forklift design or manufacturing.
• Cranes. Crane accidents are some of the most common construction worksite mishaps, and many of these are caused by defective or missing components. Even the most experienced crane operators can have serious accidents if the machine has defects, leading to head injuries, spinal damage, and fractures.
• Scaffolding. Scaffolding is a temporary structure comprised of planks, frames, couplers, and bolts, which is used to support workers during construction projects. Defective scaffolding can lead to devastating falls, causing catastrophic head injuries, spinal damage, broken bones, and even death.

Protecting Your Rights

Equipment manufacturers have a responsibility to ensure that the machinery they produce is strong enough for its intended purpose, and includes safety mechanisms to minimize the risk of worker injury.

If you were hurt on the job due to your employer’s use of defective equipment, you need representation by an experienced product liability attorney. Your lawyer can help you pursue a third party claim against the manufacturer of the defective equipment that caused your injuries. To learn more, contact the law offices of Steve M. Lee, P.C., by clicking the Live Chat button on this page.

Related Links: Construction Site Injuries and Workers’ Compensation Injuries Caused by Offshore Drilling Equipment Failures Workers’ Compensation Benefits for Injuries to Neck, Back, or Spine

 

The Risk of Defective Equipment on Construction Sites

Important Documents to Keep After a Construction Accident

Construction sites have numerous potential hazards to employee safety. Employers have a responsibility to protect their workers from harm. A company that fails to keep workers safe may be held liable for any injuries sustained due to a workplace accident.

The Importance of Documentation

There are a few steps employees injured while on a worksite must take to support their claims, including:

• Notify the employer. An injured construction worker has to protect his or her rights by notifying the employer as soon as possible about the accident. Employees who fail to report their injuries within 30 days risk denial of workers’ compensation benefits. Workers should maintain records of all communication with their employers regarding their injuries.
• Take photos. Employees should take pictures of their injuries, as well as the worksite where the injury occurred. They also need photos of any heavy machinery or equipment that caused their accidents.
• Gather medical records. Construction injury victims must see a doctor promptly after a workplace accident. Seeking medical care right away protects a worker’s health, and the resulting medical records serve as documentation of the injuries and recovery process.
• Keep a journal. Workplace injury victims should maintain a written record of their symptoms and medical visits. This includes any relevant details about the impact of injuries on the worker’s life. When everything is written down, injured employees needn't worry about forgetting any important details.

Talk to a Construction Injury Attorney

If you were hurt while working on a construction site, you need documentation of the accident and your resulting injuries to support your claim. A skilled workers’ compensation attorney can help you gather together the essential documentation to collect the damages you deserve for 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.

Related Links: Proving Your Workplace Injury Claim With the Right Evidence When Can I Expect to Receive My Personal Injury Settlement Check? Construction Site Injuries and Workers’ Compensation

 

Important Documents to Keep After a Construction Accident

What can happen if a truck hits a building?

Surprisingly, a lot. Everyone knows that commercial trucks can endanger other motorists, pedestrians, motorcyclists, and bicyclists, but few people think about the risks big rigs, 18-wheelers, and other large trucks pose to people inside buildings.

However, according to the Storefront Safety Council, vehicles crash into storefronts and office buildings 60 times a day. Tragically, this causes over 4,000 injuries and 500 deaths per year.

Causes of Truck Collisions With Buildings

When truckers lose control, they sometimes crash into nearby buildings. This is particularly true when the building happens to be located in the curve of a roadway or at a T-shaped intersection.

Truck operators may lose control of their rigs due to:

• Pedal error. If a trucker hits the gas rather than the brake when parking or leaving, the vehicle can unexpectedly lunge forward into a building. This is particularly likely when a business has parking spaces directly facing the storefront.
• Driving under the influence (DUI). DUI is responsible for many collisions, as an intoxicated or drugged large truck operator has reduced reaction time and faulty spatial judgment.
• Fatigued driving. Truck drivers often work long hours with little rest, and their exhaustion can cause them to make mistakes gauging distance and stop times.

Injuries Caused by Commercial Truck Collisions With Buildings

A company’s employees or customers may be seriously injured, or even killed, when a commercial truck strikes its building or storefront. These collision victims may be hit by or pinned beneath the vehicle, or struck by flying debris from the crash. These accidents can lead to deep lacerations, broken bones, and head trauma. 

Pursuing compensation may not occur to many of these injury victims, since they weren't hurt in conventional vehicle accidents. However, these individuals may be entitled to receive payments for their medical bills, lost wages, and pain and suffering.

If you were injured or lost a loved one due to a truck collision with a building, you deserve 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: Proving Truck Accident Liability Through Strong Evidence How to Find the Right Truck Accident Attorney to Handle Your Injury Case How Long Should I Wait After a Truck Collision to See a Doctor?

 

What can happen if a truck hits a building?

Injuries to the Feet Caused by Serious Truck Collisions

Foot injuries are particularly common in truck crashes due to the automatic reflex that causes people to extend their feet while bracing for a collision. This reaction dramatically increases the risk of bone fractures and soft tissue damage.

Types of Truck Accident Foot Injuries

There are several types of foot injuries that happen in tanker, big rig, 18-wheeler, or bus accidents, including:

• Heel fractures. The heel bone, or calcaneus, is extremely strong and hard to break. However, a severe collision can inflict enough trauma on the foot to fracture the calcaneus. These are debilitating injuries, typically requiring surgery to correct.
• Broken toes. There are 19 tiny toe bones in each foot, and they can easily fracture on impact in a truck crash. Toe fractures are extremely painful, and often slow to heal.
• Ankle problems. Ankles are vulnerable to sprains, strains, and fractures in a truck collision. Sprains entail the tearing or stretching of ligaments, while strains involve the tearing or stretching of muscles and tendons. These injuries may lead to pain, swelling, and difficulty walking.
• Lisfranc injuries. Lisfranc fractures are some of the most common foot injuries people face after a truck crash, occurring in both head-on and rear-end impacts. The Lisfranc joint is a section of bones in the midfoot. When a large truck collides with a passenger vehicle, the front portion of the car can be pushed into the passenger compartment, crushing the Lisfranc joint. People who experience this injury are susceptible to infection, and surgery may be required. Arthritis can also develop, leading to lifelong complications.

You Need an Attorney

If you suffered foot injuries due to a truck accident, you need compensation for your medical bills, loss of income, and pain and suffering. An experienced attorney will fight to recover the financial damages 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: Bigger Trucks Means Bigger Accident Risks Amputations From Truck Accidents The Severity of Truck Collisions at Railroad Crossings

 

Injuries to the Feet Caused by Serious Truck Collisions

Knee Injuries Resulting From Serious Truck Collisions

Truck accident injuries frequently include damage to the legs and knees, particularly when the victim’s vehicle is rear-ended by a big rig, 18-wheeler, tanker, or bus.

One of the most common collision injuries, "dashboard knee," occurs when the victim’s knees are pushed forward and crushed into the underside of the dashboard.

Dashboard Knee Injuries Caused by Truck Collisions

While vehicle dashboards vary in terms of rigidity, most of them cause damage when struck by the knees at speeds in excess of 20 mph. Dashboard knee injuries frequently include:

• Patellar fractures. A patellar fracture is a broken kneecap. Bones in the knee may break into pieces, be knocked out of alignment, or even protrude through the skin. This extremely painful injury can make walking impossible because it prevents straightening or bending of the leg. Surgery or splinting may be needed to heal the bone.
• Dislocated knee. When the kneecap dislocates, it can slide to the outside of the leg. This prevents the injury victim from straightening the leg, leading to pain, tenderness, and swelling.
• Torn ligaments. The knee has four ligaments that may become sprained or torn during a vehicle accident. A torn knee ligament can cause bruising, swelling, extreme pain, and difficulty walking. Some ligament tears are severe enough to require surgery, and it can take up to a year to fully recover from the operation.
• Degenerative arthritis. Truck accident knee injuries typically take many months to heal. The lack of normal knee function often results in degenerative arthritis, which is a life-altering disability for some people.

The Impact of Knee Injuries

Truck collision knee injuries can totally disrupt your life, making everyday tasks such as getting dressed and grocery shopping difficult, if not impossible. If you’re suffering from knee pain after a truck accident, you should visit an orthopedist as soon as possible to determine the extent of your injuries.

You should also consult an experienced truck accident attorney, who can help you 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.

Related Links: Covering the Cost of Physical Therapy After a Truck Accident Importance of Medical Care After a Truck Accident Crucial Steps to Take Following a Truck Accident

 

Knee Injuries Resulting From Serious Truck Collisions

Truck Accident Brain Injuries

While truck accidents cause a multitude of ailments, few are more severe than traumatic brain injuries. 

Lacerations and broken bones may be extremely painful, but they can eventually heal with proper medical attention. Brain injuries, on the other hand, often last a lifetime.

According to the Centers for Disease Control and Prevention, motor vehicle collisions are responsible for 14 percent of all traumatic
brain injury-related emergency room visits, hospitalizations, and deaths.

Types of Traumatic Brain Injuries

Front-end and rear-end truck collisions are the two primary types of vehicle accidents that cause brain injuries. Traumatic brain injuries, or TBIs, may impact any portion of the brain, including the stem and skull.

In a truck accident, this damage may be inflicted by:

• Closed head injuries. These are the most common truck accident injuries, occurring when the brain strikes the inside of the skull. In a truck collision, this typically happens when a passenger vehicle is rear-ended by a large commercial vehicle. The force of impact can cause the accident victim’s head to jolt forward suddenly, forcing the brain against the skull. This can lead to tissue damage, bleeding, swelling, and fluid on the brain.
• Open head injuries. These injuries occur when a truck accident victim's head strikes a hard object inside the vehicle, such as the windshield, dash, or steering wheel. This often results in skull fractures and puncture wounds, and lead to additional health complications, such as infections.

TBI Symptoms

TBIs interfere with a truck accident victim’s reasoning abilities, memory, and communication skills. Common symptoms include headaches, blurred vision, memory loss, dizziness, and insomnia. Severe brain injuries may cause seizures, vomiting, loss of coordination, and slurred speech.

If you’ve experienced any of these symptoms after a truck collision, protect your health by seeking immediate medical attention. Then, protect your financial recovery by consulting an experienced vehicle accident attorney. To learn more, contact the law offices of Steve M. Lee, P.C., by clicking the Live Chat button on this page.

Related Links: Danger of Head Injuries Caused by Truck and Traffic Collisions Head Trauma to Brain Damage The Categories of Traumatic Brain Injuries

 

Truck Accident Brain Injuries

Possible Liable Defendants After a Truck Collision

Truck collisions can have numerous causes, and multiple parties may be held liable for the resulting injuries and property damage.

Truck Collision Liability

The parties that may be held responsible for a truck collision include:
 

• The driver. As with all other motorists, truck operators are required to comply with traffic laws and exercise a duty of care toward everyone else on the road. Operators can make many mistakes that lead to severe collisions, including speeding, distracted driving, fatigued driving, and alcohol or drug use. While the man or woman behind the wheel will almost certainly be included on the list of responsible parties in a truck collision, he or she is rarely the only liable party.
• The driver’s employer. Trucking companies are often held responsible for damages sustained during a commercial vehicle accident. Since the truck driver is an agent of the company he works for, the fleet company or retailer can be held liable for failure to properly train and manage the driver.
• Vehicle and parts manufacturers. Manufacturing defects can contribute to a truck collision. If a manufacturer is guilty of producing a faulty vehicle or part, it can be held liable for any resulting accidents.
• The maintenance provider. If a third party is responsible for truck maintenance, this organization may be liable if the accident was caused by a lack of proper maintenance or repairs.
• State and local governments. Poor design or maintenance of the road can lead to serious truck accidents. State and municipal governments are obligated to provide safe roads. When they fail to do so, the truck accident victim can hold government entities liable for the resulting injuries.

Holding Responsible Parties Liable

If you were injured in a truck accident, multiple parties may be liable for the harm you’ve suffered. An experienced vehicle accident attorney can help you identify those responsible for your collision, and ensure you receive proper compensation. To learn more about what the law offices of Steve M. Lee, P.C., can do for you, visit us on Facebook.

Related Links: Truck Accident Legal Strategies How Do I Prove My Truck Injury Claim? How Fault Determines Liability

 

Possible Liable Defendants After a Truck Collision

What to Do If Your Loved One Dies in a Car Crash

Tragic traffic accidents are some of the most common causes of premature death in the United States. After the sudden death of a beloved family member, it’s only natural to take some time to mourn and come to terms with such a catastrophic loss.

However, once some time has passed, your family may wish to pursue a wrongful death claim for the loss of your loved one.

Texas Wrongful Death Claims

Under the Texas Wrongful Death Act, the surviving spouse, children, and parents of the deceased can pursue compensation for the loss of their loved one due to another driver’s negligence. When coping with this sudden and devastating loss, you may be eager just to sign the insurance company's paperwork so you and your family can move on.

Unfortunately, a quick settlement is just what the insurance company wants, since it limits their liability for your loved one’s death. Don’t talk with the insurance company or sign any documents until you’ve consulted an attorney regarding your wrongful death claim.

Here are forms of compensation your family may be entitled to receive:

• Financial losses. These include the deceased’s medical bills, funeral and burial expenses, and the loss of financial support resulting from his or her passing.
• Loss of inheritance. This refers to assets the deceased would have accumulated as part of the estate if not for the wrongful death.
• Mental anguish. This is defined as the emotional pain and suffering stemming from the death of a family member.

You Need an Attorney

When you’re coping with the loss of a loved one, you need representation by a compassionate yet assertive wrongful death attorney to ensure you're not taken advantage of by an insurance company.

You should consult an attorney right away, since Texas imposes a two-year statute of limitations on wrongful death claims. 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 Statistics Uber and Lyft Traffic Fatalities Survivor Rights Following a Fatal Truck Accident

 

What to Do If Your Loved One Dies in a Car Crash

Insurance Company Surveillance of Vehicle Accident Victims

Cameras are everywhere—from traffic monitoring systems to security video in retail stores. Every day, people post visual proof of incidents recorded on their smartphones.

Private investigators hired by insurance companies use cameras too, as they try to avoid liability for vehicle accident claims.
 

Insurance Company Surveillance of Injury Victims

Insurance companies will do anything to minimize claims or deny them altogether. One of the tactics representatives often use is hiring a private investigator to obtain photo and video evidence of an accident victim's activities to gain proof and avoid paying their claim. The carrier may attempt to attack an injury victim’s credibility by obtaining footage indicating he or she might be fabricating or exaggerating medical conditions.

This surveillance is perfectly legal, provided that the photos and videos were obtained in a public setting, such as a grocery store or a restaurant.

Defending Against Insurance Company Surveillance

An insurance carrier isn't above the law. Its adjusters can't violate the privacy of injury victims, such as peering through the windows of a person’s home, in an attempt to avoid paying a claim. A personal injury attorney will challenge the validity of any surveillance evidence that violates an injury victim’s right to privacy. To prevent the use of video surveillance at trial, a lawyer needs to prove that either:

●     The video was shot illegally; or

●     The footage isn’t authentic; or

●     The insurance adjuster failed to disclose plans to use the video; or

●     The footage has nothing to do with the accident or resulting injuries.

You Need an Attorney

The goal of every insurance company is to maximize collected premiums while minimizing the amount paid out in claims, and they're very good at it.

If you were injured in a vehicle accident, partner with an experienced attorney to counter any surveillance evidence collected so you receive rightful compensation. To learn more about what the law offices of Steve M. Lee, P.C., can do for you, visit us on Facebook

Related Links: Can an Insurance Adjuster Spy on Me After an Accident? Insurance Company Settlement Tactics How Insurance Adjusters Minimize Claims

 

Insurance Company Surveillance of Vehicle Accident Victims

California Women’s Hospital Sued for Allegedly Filming 1,800 Patients

Sharp Grossmont Hospital in El Cajon, California claims it was investigating employee theft of anesthesia drugs. So it installed motion-activated cameras on drug carts in three operating rooms at the facility. The only problem? Those three rooms were part of the women’s health center, and the secret cameras recorded some 1,800 patients in various stages of undress, undergoing Cesarean births, hysterectomies, and sterilization and miscarriage procedures.
“At times, Defendants’ patients had their most sensitive genital areas visible,” according to a lawsuit filed against the hospital, and “patients’ faces were recorded, and the patients were identifiable.” And this isn’t the first suit involving the video surveillance at Sharp Grossmont.
Patient Safety or Patient Surveillance?
Eighty-one women filed the potential class action lawsuit, and hundreds more could join. “It’s universal shock from the patients, and disgust,” according to their attorney, Allison Goddard. “They don’t know how their videos might be used or who may have seen them because Sharp didn’t make sure that that would be taken care of.” The hospital is allegedly still in possession of thousands of videos.
Representatives from Sharp HealthCare and Sharp Grossmont Hospital released a statement asserting the surveillance was set up “to ensure patient safety by determining the cause of drugs missing from the carts”:

Between July 2012 and June 2013, Sharp Grossmont Hospital installed and operated one hidden camera on the anesthesia cart located in each of three operating rooms in the Women’s Center. The purpose of the three cameras was to ensure patient safety by determining the cause of drugs missing from the carts. An initial lawsuit alleging privacy violations and other claims stemming from the video recording was filed against Sharp HealthCare and Sharp Grossmont Hospital in 2016. The case remains active and Sharp is not in a position to comment further about the matter. Sharp HealthCare and Sharp Grossmont Hospital continue to take extensive measures to protect the privacy of its patients.
Privacy and Negligence
This lawsuit puts forth several invasion of privacy claims. And while Sharp spokesperson John Cihomsky told the New York Times that only a handful of authorized people in the company’s security, legal and clinical departments reviewed the videos and that the “videos themselves are, and have always been, securely maintained,” that lawsuit also charges the hospital with negligence for storing the videos on computers used by multiple people, some of which were not password protected.
Patient privacy, and breach, is a serious matter. If you think a medical provider has improperly recorded, used, or released your medical information, talk to an attorney immediately.

The post California Women’s Hospital Sued for Allegedly Filming 1,800 Patients  appeared first on Rutberg Breslow Personal Injury Law.

California Women’s Hospital Sued for Allegedly Filming 1,800 Patients