Common Causes of July 4th Crashes and How to Recover From Them

Houston is one of the U.S. cities with the greatest number of motor vehicle accident deaths on summer holiday weekends. These summer holiday crashes also leave many people injured, and many lives are forever changed.

July 4^th is one of the holidays when an increased number of car crashes occur. Some common causes of accidents on this day include:

• Drunk driving. Independence Day picnics and parties often involve alcohol, which makes drunk driving a risk after holiday celebrations.
• Drowsy driving. Drivers may be tired from time spent outdoors, watching late firework shows, or partying into the night.
• Distracted driving. Fireworks, passengers, and other distractions make it difficult for drivers to concentrate on driving safely.

This Independence Day, protect yourself from some of these accident risks by:

• Having someone else drive. This is the easiest solution to keep everyone self.
• Continually scanning the road for risks. Be aware that other drivers may be drunk, drowsy, or distracted, and watch carefully for any potential problems.
• Use defensive driving techniques. Don’t let your guard down on holidays—you need to be more alert and allow for more than adequate travel distances between you and other motorists.

Even if you do all of these things, however, you could still be hurt in a July 4^th crash.

What to Do After a July 4^th Crash

The actions that you take after a holiday accident are the same as the actions you take after any Houston-area crash. Immediately after the accident, it's important to call the police and get medical attention. Then, you or someone on your behalf should contact an experienced car accident lawyer who will investigate the cause of your crash, negotiate with insurance companies, file your case in court before the statute of limitations expires, and protect all of your rights.

We hope that your July 4^th holiday is a safe and happy one, but if a car crash occurs, we're ready to help you. Call Steven M. Lee, P.C. as soon as possible to schedule a free case evaluation.

Related Links: Ten Days of the Year When Traffic Accidents Are Most Likely Avoiding Truck Accidents on Fourth of July Weekend Why See a Medical Doctor After a Vehicle Accident

 

Common Causes of July 4th Crashes and How to Recover From Them

Can I fire my current maritime injury lawyer and hire you?

In most cases, the answer is yes. You usually have the right to hire another attorney for representation if you're not satisfied with your current legal counsel. If your case is already at trial, then you may need to notify the court and get the court’s permission before making any changes.

Still, it's important to think about whether changing lawyers is a good idea. Some reasons maritime injury clients seek different representation include:

• Poor communication. If your lawyer isn't returning your calls or emails, then you may be frustrated and ready to work with an attorney with prompt, efficient communication.
• Competence concerns. If your attorney missed a deadline, seems uninterested in your case, or is unprepared for your meetings, then you may have concerns about competence. However, a legal ruling not in your favor isn't always an issue of attorney competence, so this isn't necessarily a good reason for changing lawyers.
• Personal issues. Your lawyer may seem uncaring about your injuries, or you may simply not like or respect your current attorney.
• Ethical issues. You may be worried that your lawyer is violating the Texas Disciplinary Rules of Professional Conduct.

Before you make any changes, express your concerns to your current lawyer to understand what's really happening and to make an informed decision about next steps. Perhaps this clearing of the air is all that's necessary to make certain your legal counsel represents you well.

Call Us to Discuss Your Options

However, if you've already talked to your current maritime injury lawyer and are uncomfortable continuing in that attorney-client relationship, then we encourage you to call us. Our maritime injury lawyers will be honest with you about how we think you should proceed, and we may review the contract you have with the current attorney to determine what steps you should take.

Start a live chat with Steven M. Lee, P.C. today to learn more about hiring a different attorney to represent you in your maritime injury case.

Related Links: Why You Need a Maritime Claim Attorney for Your Injury How to Avoid Potential Mistakes in Your Maritime Injury Case Cost of Talking With an Experienced Maritime Injury Attorney

 

Can I fire my current maritime injury lawyer and hire you?

Can I recover damages after an injury on a commercial fishing vessel becomes infected?

If you work on a commercial fishing vessel, then financial recovery for injuries suffered on your boat are likely covered by the Jones Act or other applicable maritime laws.

Infected wounds are a risk for commercial fishermen because of:

• Sharp fishing equipment. Winches, fishhooks, knives, and other implements can cut the skin when an unexpected wave jolts the boat, when someone’s hand slips, or when tools are improperly stored.
• Cuts from other sharp objects on board. Other equipment necessary to the ship’s operation or navigation, including food preparation equipment, might also cause severe cuts.
• Fall injuries. These frequently cause bleedings wounds if your skin tears when you hit the floor of the boat or another object.
• Stings or bites. Anything from a bee sting to a jellyfish sting can puncture the skin and possibly become infected.
• Burn injuries. Wound blistering or improper bandaging create a breeding ground for bacteria, which may lead to infection.

If you develop a fever, green or yellow discharge from the wound, or other signs of infection, it's critical to seek immediate medical diagnosis and treatment.

Infections Can Be Serious

Once an infection develops, antibiotics may be necessary to prevent it from worsening, or medical procedures may be required to remove it. An infection that doesn't heal may require amputation, or it can result in systemic, life-threatening illnesses such as sepsis.

If you're covered by the Jones Act or another maritime law, then you may be able to receive compensation for damages such as medical expenses, lost wages, living expenses, pain, suffering, and other losses.

Our experienced maritime lawyers will investigate what happened to you, identify the right defendants, and fight for your fair 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: Fish Processing Equipment Accidents Commercial Fishing Risks Common to the Gulf Coast Choosing a Doctor to Treat Maritime Injuries

 

Can I recover damages after an injury on a commercial fishing vessel becomes infected?

Will my maritime injury case settle?

We understand that you want your maritime injury case to resolve quickly and fairly, but it would be irresponsible for us to tell you how it will settle without talking to you and learning more about your claim.

Our experienced maritime injury lawyers would be happy to provide you with an opinion about your claim if you contact us for a free case evaluation. In the meantime, we’d like to provide you with some useful information about why many maritime injury cases settle before trial. It's usually because:

• Potential damages are often significant. Insurance companies don't want to risk going to court where a verdict could be higher than a settlement.
• Defendants don't want to pay litigation costs. Attorneys’ fees, expert witness fees, and other litigation costs add up quickly, and many defendants don't want to pay these costs in addition to the verdict that could be returned by the court.

Your case is more likely to settle if your attorney is prepared to go to trial because the insurance company may be less likely to take a chance in court.

Our Goal is Your Fair Recovery

We prepare maritime injury cases for trial so we can negotiate effectively with the insurance company, and be ready to represent you at trial if a fair settlement can’t be reached. That means we'll gather evidence, work with expert witnesses, and prepare legal arguments to use during settlement negotiations and, if necessary, in court.

Many people are concerned about going to trial because they're nervous about being before a judge in a courtroom. However, our clients are well-prepared to go to court if necessary, and this concern shouldn't interfere with your financial recovery.

To learn more about your potential maritime injury settlement, or court recovery pursuant to the Jones Act or other maritime law, please call Steven M. Lee, P.C. today for a free, no-obligation case evaluation.

Related Links: Laws Protecting Injured Maritime Workers and Their Families Maintenance and Cure Benefits Why You Need a Maritime Lawyer If You’ve Been Hurt

 

Will my maritime injury case settle?

Swimming Pool Injuries: 5 Things to Know

With summertime in full swing, many parents and pool-goers might be wondering about legal liability surrounding swimming pool related injuries.
Lucky for those summertime worrywarts, we here at FindLaw have been writing about swimming pool liability for years — and related to a variety of injuries. Below, you can read about some important legal info about swimming pools and legal liability.
If I Slip and Fall at a Pool, Can I Sue?
Generally, if you slip and fall on someone else?s property due to a dangerous or hazardous condition, you may be able to sue that property owner for damages. Pool owners know this, or should know this, and they should do their best to minimize hazards, such as putting up signs warning people about slippery surfaces, or making sure pools are secured behind fences.
Water Slide Injuries: Legal Liability Facts You Should Know
Yes, water slides are fun. But they are also pretty dangerous. Beyond just the potential for slide burn, water slides have caused some serious injuries, and owners can be liable for those injuries.
Swimming Pool Chemicals Injure Thousands Yearly
Ever go swimming in a pool and emerge with a rash or other skin irritation or worse? It may have been due to an improperly cleaned pool. Pools use lots of chemicals to make sure the water is safe and clean enough for swimming. If the balance is off or the wrong chemicals are used, it can be really dangerous, and the pool owner, or maybe the cleaner, could be liable.
CDC ‘Poop’ Study: Why Swimmers Need to Shower
Despite all the chemicals used to keep pools clean, it turns out that when people don?t shower before getting in a pool, it gets contaminated with poop. Yes, that’s gross, and if a pool’s owner doesn’t keep their pool clean, and you get sick from swimming in it, you might want to think about calling an injury lawyer.
Who Is Liable for Drowning and Accidents in Private Pools?
Sadly, every year, deaths are reported due to swimming pool accidents. When a drowning or other accident happens at a private pool, knowing who is liable can sometimes be tricky, especially if an owner took precautions to safeguard the pool.

The post Swimming Pool Injuries: 5 Things to Know  appeared first on Rutberg Breslow Personal Injury Law.

Swimming Pool Injuries: 5 Things to Know 

Five Steps to Take After an Engine Room Accident

Engine room accidents can cause serious or fatal injuries for people working nearby and for others on the ship. You can’t prevent every engine room accident from happening, but there are specific steps that you can take to protect your recovery.

It can be difficult to think clearly in an emergency. Therefore, we encourage all maritime workers to know what to do in case an engine room accident occurs. Specifically, you can:

• Get to safety. You may need to extinguish a fire, leave the engine room, abandon the boat, or take other precautions to prevent further injury.
• Take pictures and note who was around at the time of the accident. This information could help you determine the cause of the accident later.
• Get medical help. First aid should be available on the ship. If you or anyone else is seriously hurt, request onshore medical attention. Depending on your location and the nature of your injuries, another vessel or a helicopter may rescue you or aid your ship in returning to shore.
• Don't sign anything without talking to a lawyer. Don't agree to a settlement until you talk to your attorney. Once you sign the papers, you may not be able to recover any additional compensation for your injuries.
• Call an experienced maritime injury lawyer. Maritime law is complex. You need an attorney with this specific legal expertise to help you protect your rights.

These five steps can help you protect your fair recovery of damages in a Jones Act case or another type of maritime injury lawsuit.

What If You Miss a Step?

The steps described above may make your maritime injury case easier, but don’t worry if you miss one. The sudden shock of an engine room accident or the immediate nature of your injury treatment could prevent you from doing one or more things on this list, and you may still make a full recovery.

However, contacting a maritime injury lawyer is one step that you should not skip. Start a live chat with Steven M. Lee, P.C. today for more tips about protecting your rights.

Related Links: Engine Room Fires Spell Trouble on the High Seas Why You Need a Maritime Claim Attorney for Your Injury How to Avoid Potential Mistakes in Your Maritime Injury Case

 

Five Steps to Take After an Engine Room Accident

How Do Engine Room Accidents Happen?

An engine room is a necessary but dangerous part of the ship. Even if your work doesn't require you to be in the engine room on a regular basis, you need to be aware of the risks, because the damage and injuries could extend well behind the confines of that location.

Typical engine room accidents that could put you in danger include:

• Crankcase explosions. Piston and bearing temperatures might rise to high levels, creating "hot spots." If oil hits a hot spot, it vaporizes, creating a mist when it comes in contact with cooler areas of the crankcase. But the mist can ignite if it lands on a hot spot, sparking a fire or explosion.
• Boiler explosions. Boilers are high-pressure pieces of equipment, so leaking fuel, overheating, or operational errors create a dangerous situation.
• Compressor explosions. It's a common practice to close the air valve on an air compressor that's undergoing maintenance. This minimizes air leakage. However, if the discharge air valve isn't reopened before the compressor is turned on, then an explosion can occur upon startup.
• Turbocharger explosions. The failure to clean turbochargers prevents the system from cooling down sufficiently.
• Generator problems. When the generator starts, it could go too fast and over-speed. There should be a safety trip in place to prevent this from happening. However, if the over-speed trip fails, then the generator’s parts may come loose, detach, and cause serious harm.
• High-pressure fuel line problems. If the lines aren't properly secured or maintained, temperature and pressure might build.
• High-pressure steam line problems. High-pressure steam lines also need to be properly secured and maintained. If not, then steam may escape the line and cause extremely dangerous burns or death.
• Electrical shocks. If the electricity remains on during maintenance, then a dangerous and potentially fatal electrical shock can occur.

Engine Room Accident Injuries

Engine room accidents often require immediate medical attention and intensive treatment. They include:

• Burns
• Chemical respiratory issues
• Head injuries or broken bones

The confined area and heavy equipment in an engine room make it difficult to escape quickly in the event of an incident. Fatalities sometimes occur as a result.

If you suffered an injury in an engine room accident, please use the numbers on this page to contact Steven M. Lee, P.C. today for a free consultation about your legal rights and potential financial recovery.

Related Links: Engine Room Fires Spell Trouble on the High Seas Maritime Worker Injuries Due to Electrical Accidents Compressed Air Accidents Cause Serious Injuries

 

How Do Engine Room Accidents Happen?

What Every Construction Worker Should Know About Hammer Injuries

Out of all of the possible injury risks on your construction site, your hammer and nails likely didn't top the list of accident concerns. The good news is it's improbable that you'll die from a hammer and nail incident. The bad news is you may suffer a really painful injury and require medical treatment.

If you're hurt in a hammer-related accident, then you could suffer:

• A broken bone. You may break a bone in your finger, thumb, or hand if they're accidentally hit with the hammer. Similarly, you may break a bone in your toe or foot if you drop the hammer.
• An eye injury. When you strike something with a hammer, debris can fly in your face. If you're not wearing safety goggles, then you could suffer an eye injury that impacts your vision.
• A brain injury. A traumatic brain injury is possible if someone else is working with a hammer on an elevated surface and the hammer is accidentally dropped on your head.

Sometimes hammer accidents are avoidable. A hammer accident might not occur if:

• Tools are checked for cracks or other problems before use.
• Construction workers are trained on how to properly use hammers. Although the tool seems pretty basic, it's still an employer's responsibility to train all people on the right safety precautions for equipment.  
• Employees are attentive. Distracted workers make mistakes.

If you suffered a hammer injury, don't just brush it off. Seek medical attention right away. Based on your prognosis, it's possible you'll have to take time off work to heal effectively. How will you deal with medical bills and lost wages?

You Deserve a Fair Recovery

If this was a job-related accident, you have the right to report your injury to your employer, get medical attention, and contact an experienced Houston work injury lawyer. You may have a workers’ comp claim, or if your employer does not have workers’ compensation insurance, then you may be able to file a lawsuit.

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

Related Links: Workers’ Compensation Claims vs. Non-Subscriber Lawsuits Defective Equipment Hazards on Construction Sites Minor Construction Injuries Still Warrant Workers’ Compensation

 

What Every Construction Worker Should Know About Hammer Injuries

What You Need to Know About Construction Power Drill Injuries

The power drill that was essential to your construction job is the tool that caused your injury.

Before you can recover from this incident, you need to know why the accident happened so that you can pursue workers’ compensation benefits from your employer, or a lawsuit against the drill manufacturer or another party.

As you and your lawyer investigate what caused the injury, it may be useful to examine the common reasons for drill press accidents, which include:

• Construction worker negligence. Sometimes workers fail to exercise reasonable care, mistakes are made, and injuries happen.
• Lack of training. Employers should make sure that everyone who uses a drill is trained to do so safely.
• Lack of safety features. Safety features such as shut-off guards, anti-slip grip handles, and ground fault circuit interrupter may prevent some drill accidents. An investigation can determine whether the drill came with working safety features or whether someone removed the safety features after purchase.
• Negligent design, manufacturing, or warnings. Drill manufacturers must design and produce reasonably safe equipment. They must also warn users of any risks that are known or should reasonably be known.

These accidents may result in injuries such as:

• Electric shock. Torn or broken cords, incorrect plugs, and other issues can result in electric shock. Burns, muscle pain, seizures, and in severe situations, unconsciousness, may occur.
• Hand injuries. Your finger or hand could get caught in the drill, causing severe cuts, nerve damage, excessive bleeding, infection, or amputation.
• Eye injuries. Without the proper protection, debris from drilling work might causes scratches, lacerations, or vision damage.

In rare cases, drill accidents are fatal.

Pursue the Right Recovery

If you're hurt doing your job as a construction professional, then you might have a workers’ compensation claim that pays for medical costs, a portion of lost income, and any permanent injuries you suffer.

However, if your employer doesn't have workers’ compensation insurance, or if you were hurt because of a drill defect, you may have a different type of legal claim.

The experienced construction injury lawyers at Steven M. Lee, PC can help you work through the complexities of your case. Fill out our online contact form today to learn more.

Related Links: Defective Equipment Hazards on Construction Sites Important Documents to Keep After a Construction Accident How a Workers’ Compensation Lawyer Can Help You

 

What You Need to Know About Construction Power Drill Injuries

Construction Saw Accidents, Injuries, and Recoveries

Construction saws are powerful machines. Often used to cut wood, concrete, stone, metal pipe, and other materials, these saws have a mighty bite. Many tools have diamond or abrasive blades because of their ability to slice through masonry—effective, but dangerous. Table saws often have blades rotating at 3,500 rpm—at this speed, an injury can happen in the blink of an eye. Circular saws have even faster blades.   

A saw accident could happen if:

• Saw safety devices such as bars and guards are missing or broken
• A blade breaks during cutting, sending out shards of hot metal
• Workers aren't appropriately trained on how to use saws safely
• Workers don't have the proper safety gear to wear
• A saw "kicks back" after its blade lodges in material
• Saws or other equipment aren't appropriately maintained
• The saw or blade has a design, manufacturing, or failure-to-warn defect

Any of these saw-related accidents might cause:

• Infection. Dirty blades or exposure to other contaminants could result in a dangerous infection.
• A deep laceration. The saw blade could cut your skin deeply. You may require sutures or staples, skin grafting, and other procedures and you may be out of work until you heal.
• Eye or facial injuries. Debris from what's being cut—including metal shavings, wood fragments, and masonry silica or chunks—could cause serious injuries without the right protection.
• Nerve damage. A deep cut might sever a nerve. Depending on the type of nerve, you may experience significant pain, weakness, numbness, or difficult moving.
• Amputation. Saw blades can be sharp enough to amputate a digit or limb. In some cases, the damage done by a deep laceration can be so complex that surgical amputation is necessary.

Medical treatment depends on your unique injuries but could include surgery, medications, hospitalization, physical therapy, and prosthetics.

Financial Recovery for Saw Injuries

In some cases, you may have a workers’ compensation claim against your employer for a saw-related injury experienced on the job. In other cases, you may have a third-party claim against the saw manufacturer.

It's important to pursue the right type of claim so you get the recovery you deserve. Start a live chat with Steven M. Lee, PC right now to find out more.

Related Links: Defective Equipment Hazards on Construction Sites Texas Workers’ Compensation for Amputation Injuries Construction Site Injuries and Workers’ Compensation

 

Construction Saw Accidents, Injuries, and Recoveries

Self-Driving Car Accidents: Top 5 FAQs

One of the big selling points for self-driving cars was safety. If you had computers making quick decisions rather than drowsy, distracted, or drunk drivers, you’d expect there to be fewer accidents. But that hasn’t always been the case.
When you hear about human "drivers" watching Hulu behind the wheel while�an autonomous vehicle hits and kills a pedestrian, you start to wonder who’s driving "self-driving" cars, and whether self-driving really means safe driving. So, here are some of the most common questions regarding liability in autonomous car accidents, and where to look for answers.
1. What If I Am in a Car Accident With a Self- Driving Car?
In many ways, your to-do list following an accident will be the same regardless of whether a person or a program was behind the wheel. First, make sure everyone is OK or is receiving medical attention. Contact the police if there are severe damage or injuries. Then document the accident and gather as much information as you can about what happened.
2. Will Tesla Motors Be Liable for First Autopilot Death?
In some cases, the victim of a self-driving car accident is the person in the driver’s seat. Joshua Brown was killed when a tractor-trailer turned in front of his Tesla while it was in autopilot mode. That car should’ve been capable of cruising, maintaining a lane, and braking if traffic appeared in front of it, but Brown’s Model S allegedly went so fast through the trailer the truck driver didn’t even see it. Brown was also apparently watching a Harry Potter movie at the time of the accident.
3. Tesla Autopilot Kills Again?
Sadly, Brown isn’t the only Tesla operator who was killed in a collision with a tractor trailer. And it may be because the company’s self-driving software relies only upon the vehicle’s own sensors without incorporating detailed map information.
4. Who Is Liable in a Waymo Self-Driving Car Accident?
But Tesla isn’t the only player in the autonomous vehicle game. And some other manufacturers are more willing to accept liability for malfunctions in their driving systems when operating autonomously. What happens if they don’t?
5. Who Do You Sue If Injured in a Driverless Car Accident?
Sorting out responsibility in even a simple fender bender can turn into a legal nightmare. And that’s before you try to figure out whether a car’s computer was in charge at the time of a collision.
If you’ve been involved in an accident with a self-driving or autonomous vehicle, contact an experienced car accident attorney today.

The post Self-Driving Car Accidents: Top 5 FAQs  appeared first on Rutberg Breslow Personal Injury Law.

Self-Driving Car Accidents: Top 5 FAQs 

How Self-Insurance Workers' Compensation Groups Work in Texas

Most Texas employers aren't required to have workers’ compensation insurance. Additionally, the employers that choose to have this coverage aren't always required to purchase it from an insurance company.

Instead, some employers may self-insure for potential workers’ compensation claims.

One way to self-insure workers’ compensation in Texas is to join a self-insurance group. Self-insurance groups must be approved by the Texas Department of Insurance and have at least five members that all:

• Are in the same or similar businesses.
• Belong to a trade or professional association in Texas—that exists for reasons other than insurance—for at least five years before creating a self-insurance group.
• Agree to group together their workers’ compensation benefits and employers’ liability.
• Provide financial documentation and evidence of performance bonds to the Texas Department of Insurance.
• Provide a security deposit.
• Establish an estimated annual premium, that may be modified, of at least $250,000 during the group’s first year as a self-insured group; and an annual standard premium of at least $500,000 in all subsequent years.
• Have not less than $10 million per occurrence of excess insurance.
• Pay all required fees and taxes to support the administration of the self-insurance group program.

All of this information must be submitted to the Texas Department of Insurance Company Licensing and Regulation Office on specific forms, and any changes must also be reported to the Department.

What Self-Insurance Means for Injured Workers

If your employer is part of a self-insured workers’ compensation group, then it has a form of workers’ compensation insurance. Should you be injured on the job, the company must provide you with workers’ comp benefits.

To pursue a fair recovery after a work injury, report your injury to the Texas Department of Insurance Division of Workers’ Compensation (DWC Form-041) within one year of the incident. Also consult an experienced workers’ comp lawyer as soon as possible. Use the contact information on this page to reach Steven M. Lee, PC today and schedule a free, confidential initial consultation about your workers’ comp benefits.

Related Links: Workers’ Compensation Claims vs. Non-Subscriber Lawsuits Work Injury Options Beyond Workers’ Compensation How a Workers’ Compensation Lawyer Can Help You

 

How Self-Insurance Workers' Compensation Groups Work in Texas

The Risk of Hearing Loss for Oil and Gas Extraction Workers

Some industries expose workers to more noise than others. Federal regulations require businesses in these industries to monitor noise levels, provide annual audiometric testing for employees, and take other safety precautions to protect them from noise-related injuries.

However, businesses in the oil and gas extraction industry are exempt from these regulations.

Despite this exemption, dangerous noise levels that may result in hearing loss are a known risk in the oil and gas extraction industry. According to the Centers for Disease Control and Prevention (CDC):

• In 1998, the National Institute for Occupational Safety and Health (NIOSH) estimated that about 23 percent of oil and gas extraction professionals were exposed to potentially dangerous noise levels above 85 dBA at least once a week during approximately 90 percent of the weeks they worked each year.
• In 2009, the NIOSH Occupational Hearing Loss Surveillance project found that about 76 percent of mining, oil, and gas extraction workers are exposed to dangerous noise levels.
• In 2016, it was estimated that almost one-quarter of all mining, oil, and gas extraction workers have noise-related hearing injuries, with about 12 percent having hearing difficulties and about 11 percent having tinnitus.

In 2018, NIOSH identified a need to get more information about noise in the oil and gas extraction industries. The agency recognized that equipment and work practices have changed over the last 20 years, but the noise impact of these changes hasn't been independently evaluated.

While noise exposure is a known risk, hearing loss and tinnitus aren't inevitable. Hearing loss may be prevented if employers:

• Provide workers with appropriate hearing protection, such as earplugs.
• Make sure hearing protection fits and employees are trained on how to use it.
• Rotate workers to different positions to minimize noise exposure.
• Provide annual hearing testing for employees so problems are identified quickly.

You should get immediate medical attention if you notice any signs of noise-induced hearing loss, including:

• Ringing or pressure in your ears
• Difficulty hearing
• Speaking loudly

Noise-Induced Hearing Loss Recoveries

You have the right to a financial recovery for any work-related injury, but getting the compensation you deserve can be a complicated and frustrating process. If you suffer tinnitus or hearing loss from occupational noise-exposure, please call Steven M. Lee, PC today to schedule a free consultation about your rights and potential recovery.

Related Links: Oil and Gas Refinery Accidents Injuries and Compensation Offshore Drilling Equipment Issues Common Causes of Oil Rig Accidents

 

The Risk of Hearing Loss for Oil and Gas Extraction Workers

Opioid Manufacturer Insys Declares Bankruptcy After Legal Trouble

In 2014, Forbes made "The Short Case for Insys Therapeutics," conceding that the company’s sales performance compensation system was "a fairly dangerous way to market" its opioid products, but asserting that there would only be danger if "medical sales of this drug are leaking into the recreational market" and that "[p]harmaceutically pure opiates don’t cause much harm to anyone at all."
Yesterday, Forbes reported that Insys has filed for Chapter 11 bankruptcy, after those marketing techniques led to federal civil and criminal investigations, the company pleading guilty to mail fraud, and its founder and three other executives being found guilty of racketeering conspiracy.
Peaks
Insys sold $329 million worth of its fentanyl spray Subsys in 2015. Subsys was designed to target pain in adult cancer patients who are already receiving around-the-clock-opioid treatment. But federal prosecutors claim the company was bribing doctors and medical professionals to prescribe more and higher doses of the powerful opioid. Insys was allegedly pushing the drug on patients who didn’t even have cancer. Sales plummeted as the legal issues mounted.
And Valleys
Last week, Insys agreed to pay $225 million to settle Justice Department investigations into those bribery allegations, according to Forbes. The company also pleaded guilty to five counts of mail fraud, and last month a federal jury found five executives, including billionaire founder John Kapoor, guilty of racketeering charges. Sales of Subsys were down to $58.6 million in 2018, and Forbes reported Insys stock was down almost 60 percent yesterday from where it closed last week at $1.31 per share.
"After conducting a thorough review of available strategic alternatives," new Insys CEO Andrew Long said in a statement, "we determined that a court-supervised sale process is the best course of action to maximize the value of our assets and address our legacy legal challenges in a fair and transparent manner."
And Lawsuits
The investigations into Insys signal a change in federal response to the opioid epidemic, shifting the focus from patients and addicts to doctors, drug sellers, and opioid manufacturers. Lawsuits against doctors and drug companies for opioid addictions and overdoses are on the rise. And cities, states, and even Native American nations are suing pharmaceutical companies for their role in the opioid crisis.
If you or a loved one has been over-prescribed OxyContin or another opioid, and developed an addiction or suffered an overdose, talk to an experienced personal injury attorney about your legal options.

The post Opioid Manufacturer Insys Declares Bankruptcy After Legal Trouble  appeared first on Rutberg Breslow Personal Injury Law.

Opioid Manufacturer Insys Declares Bankruptcy After Legal Trouble 

"Squeeze Play" Accident Attorneys Help Victims

Large trucks, like all vehicles, have to make turns to get to their destinations.

Unfortunately, it's not so easy for a semi-truck to make a right or left turn. The size of a rig and trailer makes it difficult to maneuver, and too sharp of a turn can cause a tractor-trailer to roll over.

When another vehicle is close by, the truck may push that vehicle between:

• The truck and the curb
• The truck and the median
• The truck and another object

These scenarios are known as squeeze play or "right hand squeeze" accidents.

While the size of large trucks makes squeeze play accidents a real risk on our roads, these accidents can be avoided if drivers have appropriate training. They must learn to maneuver safely, which includes techniques such as making wide right turns, anticipating eager drivers trying to slip past them, and cross-checking mirrors before attempting the swing right.

Squeeze Play Accidents Can Crush Cars

A car caught between a commercial vehicle and another object may be crushed, and the resulting injuries could be catastrophic. They include:

• Broken bones
• Internal injuries
• Traumatic brain injuries
• Spinal cord injuries
• Amputations

Some injuries may be fatal.

Even if you are seriously injured, it's up to you to prove who caused the squeeze play crash. Truckers are often, but not always, at fault for wide turn accidents. If they acted with due care, used signals, and drove at appropriate speeds, then they might not be liable for the squeeze play crash.

However, if a truck driver failed to do any of these things, then he or she—and the transportation company employer—could be responsible for the squeeze play accident and resulting injuries.

The experienced truck accident lawyers with Steven M. Lee, PC will investigate what happened in your squeeze play crash and fight hard for your fair financial compensation. Please fill out our online contact form today to learn more.

Related Links: City Safety Tips You Need to Know When Traveling Near Trucks Blind Spot Truck Accidents and Liability Determining the Value of Damages After a Texas Truck Crash

 

"Squeeze Play" Accident Attorneys Help Victims

Can You Give Your Doctor a Bad Facebook Review?

There’s a lengthy list of things you can do, and shorter subset of things you should do. Which is just another way of saying just because you can do something, doesn’t necessarily mean you should do that thing.
For instance, if you have a subpar experience at the dentist, you can take to Facebook and fire off a series of posts complaining about the office, even insinuating that the company was under investigation for unethical and fraudulent acts. Whether you should do that is another question entirely, one that a Pennsylvania man will find out after the dental group sued him for libel.
Saving Face
Details are a little scarce, since media outlets are wary of reprinting the contents of the posts, but Three Rivers Dental Group filed a libel lawsuit against Robert Ottaviani last week, claiming his statements on Facebook and elsewhere contain false and damaging information. As reported by the Tribune-Review:
According to the lawsuit, Ottaviani’s initial post on Facebook on May 20 contained inaccurate information that suggested the company was under investigation for unethical and fraudulent acts. Subsequent edits to the original post and additional statements on Facebook and on other online forums continued to contain false and disparaging information, the lawsuit contends.

The suit against Ottaviani also claims that "(Three Rivers Dental) is suffering untold harm because of this malicious campaign of disparagement in that it is unable to know how many former or potential future patients have decided to go elsewhere for their dental care needs as a result of defendant’s disparaging posts online," and is seeking monetary damages and an order forcing Ottaviani to remove the posts. Posts that appear linked to Ottaviani currently on Google and Yelp also claim the dental group is under investigation, and assert the claims are truthful, and therefore not defamatory.
Defamatory Reviews
While we’re not sure if Ottaviani was right to post these statements and others regarding Three Rivers Dental, he is right about truth being a defense to defamation. A defendant making a false statement is an essential element of a libel or slander claim, so if the underlying statement turns out to be true, the plaintiff can’t win a defamation lawsuit. In this case, it may just be determining when the dental group is, in fact, under investigation. But sorting out social media defamation cases is not always so easy.
So, while you can give your doctor or dentist a negative review on Facebook, you should keep the review truthful and stick to the facts. And if a medical professional tries to make you sign an agreement promising not to write negative reviews online, or sues you for online comments, contact an experienced defamation attorney immediately.

The post Can You Give Your Doctor a Bad Facebook Review?  appeared first on Rutberg Breslow Personal Injury Law.

Can You Give Your Doctor a Bad Facebook Review? 

Federal Regulation Changes for Truckers With Diabetes

In 2018, the Federal Motor Carrier Safety Administration (FMCSA) changed the rules for truckers with diabetes who use insulin.

Prior to 2018, people who used insulin to treat their diabetes could only operate commercial vehicles involved in interstate commerce if they got an exemption from the FMCSA. This exemption was costly and burdensome to get and needed renewal every two years.

Beginning November 19, 2018, truckers with insulin-treated diabetes no longer need the exemption from the FMCSA. Now, they must see a doctor or treating clinician who will complete an Insulin-Treated Diabetes Mellitus Assessment Form (MCSA-5870).

The treating clinician must certify the driver has: (1) a stable insulin regime; and (2) properly-controlled insulin-treated diabetes. The MCSAS-5870 form is then given to the medical examiner that finishes the medical certification process. All of this must be done annually.

People with uncontrolled diabetes have trouble regulating their blood sugar. Episodes of high blood sugar (hyperglycemia) can cause:

• Blurred vision
• Headaches and fatigue
• Weakness
• Confusion
• Coma

Episodes of low blood sugar (hypoglycemia) can cause:

• Confusion
• Vision problems
• Seizures
• Loss of consciousness

Truckers who suffer from hyperglycemia or hypoglycemia while on the road can cause catastrophic crashes.

Diabetes complications that interfere with someone's ability to operate a truck safely should continue to disqualify him or her from driving a commercial vehicle. For example, severe non-proliferative diabetic retinopathy and proliferative diabetic retinopathy are permanent disqualifications.

Did a Trucker’s Diabetes Cause Your Crash?

At the time of your crash, you have no way of knowing whether the commercial truck driver has diabetes, another medical problem, or a clean bill of health. A full investigation needs to be done to determine whether a medical condition, such as diabetes, was a cause of your crash. 

Steven M. Lee, PC can use legal discovery tools such as interrogatories, depositions, and requests for medical records to find out what really caused your crash. Then our legal time will fight for your full and fair recovery. To learn more about what he can do for you, visit us on Facebook.

Related Links: How a Trucker’s High Blood Pressure Can Cause Your Crash Injury Proper Evidence to Prove Truck Accident Liability How Do I Prove My Truck Injury Claim?

 

Federal Regulation Changes for Truckers With Diabetes

How a Trucker's High Blood Pressure Can Cause Your Truck Crash Injury

Truckers must have medical clearance before getting a commercial driver’s license (CDL). The Federal Motor Carrier Safety Administration (FMCSA) insists on this clearance so drivers with medical conditions that might contribute to problems handling a big rig don't put themselves and others in danger.

High blood pressure is one of the medical conditions that could, in some cases, result in a large truck accident. A driver with high blood pressure may be asymptomatic until the situation is severe. At that point, a person with high blood pressure could have headaches, shortness of breath, nosebleeds, and other symptoms which make driving dangerous. In worst case scenarios, a trucker’s high blood pressure might result in a heart attack or stroke while he or she is behind the wheel.

High blood pressure may be treated with medication, but it might have significant side effects that interfere with safe driving. Medication side effects often interfere with a truck operator's coordination, attention, reaction time, and overall ability to drive safely.

For these reasons, commercial drivers must report high blood pressure on FMCSA's medical examination report forms. Their medical providers must also record blood pressure readings on the same form. However, a high blood pressure diagnosis or high blood pressure treatment will not necessarily prevent someone from getting medical approval and obtaining a commercial driver’s license. Some truckers with high blood pressure will end up on the road.

Why a Full Truck Accident Investigation is Necessary

You can’t be expected to know a trucker’s medical conditions when a crash occurs. However, if a full accident investigation is done, you can find out if his high blood pressure or another medical condition caused your truck crash.

Our experienced truck accident lawyers know what questions to ask in interrogatories and depositions, and what documents to request from the driver and the transportation company employer. We'll find out why your accident happened, and then fight hard to secure a fair financial recovery that includes compensation for past and future medical costs, lost income, physical pain, emotional suffering, and other damages.

Start a live chat with Steven M. Lee, PC today to begin protecting your rights.

Related Links: Federal Regulation Changes for Truckers With Diabetes Proper Evidence to Prove Truck Accident Liability How Do I Prove My Truck Injury Claim?

 

How a Trucker's High Blood Pressure Can Cause Your Truck Crash Injury

Panel Trucks Pose Safety Risks

Panel trucks are smaller than tractor-trailers, but there are many of them on Texas roads and they present significant risks for motorists, bicyclists, and pedestrians.

A panel truck is often the preferred vehicle for deliveries to homes, stores, and businesses. Whether on the highway or on residential streets, panel truck crashes happen because:

• They have few windows. Panel trucks are often described as windowless, even though they have windows in the front. Nevertheless, operators might not be used to the poor visibility, and may have difficulty seeing other vehicles, pedestrians, and property around them.
• Drivers are often rushed. Panel truck drivers have deliveries to make, and their bosses want them completed as quickly as possible. This pressure can cause truckers to speed, to try to multitask by making phone calls or eating while driving, or to travel when they're too tired to do so safely.
• Drivers might be inexperienced. Operating a panel truck isn't the same as a semi-truck or a passenger car. If someone doesn't have the proper training and time on the road, accidents can happen.

Typical injuries after panel truck crashes include broken bones, organ damage, brain and spinal cord complications, and other health conditions.

Avoid Problems After a Panel Truck Crash

To recover damages after a panel truck accident, you need to prove the driver, fleet company, or another party was negligent. You can avoid unnecessary problems with your case by talking to an experienced truck accident lawyer as soon as possible. Our attorneys can:

• Make sure evidence is preserved. The trucking company has much of the evidence you need to prove your case.  Attorney Steve Lee will send a spoliation letter to the company to ensure all evidence is preserved and not accidentally or purposefully destroyed.
• File your case before the statute of limitations expires. In most cases, you have only two years to file a truck accident case in Texas. However, you shouldn't wait that long to obtain legal assistance.

Our expert team will fight for your fair recovery of medical costs, lost income, physical pain, emotional suffering, and other accident-related damages. Call Steven M. Lee, PC today to schedule your free consultation.

Related Links: Truck Accident Statute of Limitations Determining the Value of Damages After a Texas Truck Crash Accident Risks From Small Trucks

 

Panel Trucks Pose Safety Risks

Are Refrigerator Trucks Risky?

Milk, meat, produce, medications, and other perishables often travel long distances before arriving at their destinations. To be safe for consumers, these products are transported in temperature-controlled vehicles known as refrigerator trucks.

Fleet companies in America transported approximately 16 billion tons of refrigerated freight in 2018. The projection for the next
10 years is roughly 22 billion tons.

Texas is a primary gateway to the United States for Mexican produce, and frequently has more refrigerated trucks on its roads than other states.

A refrigerator truck accident could occur if:

• A truck driver is pressured to deliver. It's critical to get goods to their destination before they spoil. Drivers may be under pressure to speed or work long hours even if fatigued so cargo arrives as quickly as possible.
• The truck driver isn't appropriately trained. Commercial drivers' licenses (CDLs) are often required for refrigerated truck operators, but many truckers need additional training. These commercial vehicles are particularly large and heavy because of the necessary cooling equipment and the weight of the cargo. Drivers need to know how to operate these cumbersome vehicles safely.
• The truck isn't appropriately inspected or maintained. Any problems not promptly identified or fixed could present a serious hazard on the road, causing a trucker to lose control.

When a refrigerator truck collides with another vehicle or a pedestrian, injuries such as internal complications, broken bones, brain or spinal cord trauma, and other health issues may result.

Call a TX Truck Accident Lawyer for Help

The truck operator and the company he works for could both be legally responsible for your injuries. The skilled truck accident lawyers at Steven M. Lee, PC can help preserve critical evidence before it's destroyed, and file your claim before the statute of limitations expires. If you’ve been hurt in a refrigerator truck accident, please start a live chat with us now to schedule a free consultation.

Related Links: Spoliation Letters Protect Truck Accident Evidence Action Steps in a Typical Texas Truck Accident Lawsuit What Does It Cost to Hire a Truck Accident Attorney?

 

Are Refrigerator Trucks Risky?

Fentanyl Manufacturer Insys Pays $225M to Settle Bribery Allegations

As the opioid crisis continues, the focus has turned from users and prescription-fillers, to doctors and drug companies. In one case, opioid maker Insys was accused of paying bribes and kickbacks to doctors in exchange for increased prescriptions and dosages of Subsys, a highly addictive fentanyl spray.
Last month, a federal jury found top Insys executives guilty of racketeering conspiracy for their role in the bribery scheme. And this week, the company has agreed to pay $225 million to settle federal criminal and civil investigations into its marketing practices.
Misconduct and Marketing
"The opioid epidemic has devastated communities and ravaged families across this country," Assistant Attorney General Jody Hunt said, following the settlement. "The Department of Justice is committed to using the legal tools at our disposal to combat the illegal marketing and distribution of opioids, including fentanyl. I want to assure the families and communities ravaged by this epidemic that the Department of Justice will hold opioid manufacturers accountable for their actions."
According to federal prosecutors, Insys set up sham "speaker programs" to supposedly "increase brand awareness of Subsys through peer-to-peer educational lunches and dinners." But the programs were really a way to funnel bribe money to doctors and medical professionals to encourage more Subsys prescriptions and higher doses. Insys also allegedly gave physicians kickbacks in the form of jobs for the prescribers’ relatives and friends, lavish meals, and other entertainment.
Approved Uses
Subsys was approved by the Food and Drug Administration for pain treatment for adult cancer patients who were already receiving around-the-clock opioid therapy. But Insys also allegedly encouraged physicians to prescribe the fentanyl spray to patients who did not even have cancer. The company was also accused of directing physicians to lie to insurers about their patients’ diagnoses to obtain reimbursement for Subsys prescriptions.
Under the terms of the settlement, Insys will plead guilty to five counts of mail fraud, and avoid further criminal prosecution so long as it pays a $2 million fine, forfeits another $28 million in profits, and pays another $195 million to settle allegations that it violated the federal False Claims Act.
The opioid crisis has been devastating. If you or a loved one think you’ve been targeted by illegal marketing relating to an opioid prescription, contact a local injury attorney today.

The post Fentanyl Manufacturer Insys Pays $225M to Settle Bribery Allegations  appeared first on Rutberg Breslow Personal Injury Law.

Fentanyl Manufacturer Insys Pays $225M to Settle Bribery Allegations 

Mother Sues Prison for Son’s Death

Young Joshua England was in an Oklahoma prison when he complained about a stomach ache. He visited the infirmary five times that week, but medical staff didn’t find anything really wrong with him. Untreated for his condition, he died in horrific abdominal pain.
Now his mother is suing prison officials for ignoring England’s desperate pain and the signs of his impending death. Shortness of breath, blood in his vomit, and rectal bleeding meant his appendix was about to burst.
Life Ahead of Him
England was 21 years old with three months left on his 348-day sentence for fourth-degree arson. He had his whole life ahead of him. "My stomach hurts so bad," he wrote to medical staff the week he died. "It’s hard to breath (sic) and sleep. I can’t eat that makes the pain worse." Medical staff gave him Pepto-Bismol and a laxative. A prison doctor prescribed ibuprofen over the phone. Medical records say he was "distraught" and "sweating profusely" in the final hours. He died in his cell.
The lawsuit alleges that prison staff brought a camera into the cell to document he was refusing medical care. They also had him sign a waiver, acknowledging he didn’t want treatment.
A Sad, Bad Case
Some lawyers would say it is a sad, bad case. The videotape and waiver could be lawsuit-ending evidence. However, even prisoners have rights to proper medical care. Caught early enough, appendicitis can be treated with antibiotics. If the organ bursts, it requires immediate surgery. According to Christina Smith’s lawsuit, the Department of Corrections offered none of that.
Smith said her son deserved better care than he received. As he was writhing in pain, her lawsuit says, he was incapable of rational decision-making. The prison will submit it’s waiver and video. A judge or a jury will decide what happens next.

The post Mother Sues Prison for Son’s Death  appeared first on Rutberg Breslow Personal Injury Law.

Mother Sues Prison for Son’s Death 

What happens if a person dies before a car accident case is resolved?

Your loved one may no longer directly benefit from the outcome of a car accident case, but this doesn't make the lawsuit any less important. The person who caused the car crash still deserves to be held accountable and your loved one's estate should make a fair and just financial recovery.

The Car Accident Lawsuit May Continue

In Texas, the car accident case may be continued by the executor of your loved one’s estate. The executor will step in for your loved one, and any settlement or court verdict will benefit your loved one’s heirs according to the terms of your loved one’s estate or Texas law.

In some cases, such as when your loved one spoke with an attorney before death but didn't file a complaint, it might make sense to bring a wrongful death lawsuit. A wrongful death case can only be brought if the death was caused by the car accident and not caused by other factors.

Coordinate All of Your Legal Efforts

You have important legal decisions to make at a time when you're grieving the loss of your loved one. This can be overwhelming and confusing. However, you don't have to make the decisions alone.

Instead, our experienced car accident lawyers at the law firm of Steven M. Lee, PC can advise you about your rights, and we can fight hard to protect your recovery of:

• The medical costs your loved one incurred because of the accident.
• Any lost income that your loved one didn't earn as a result of accident injuries from the time of death until your loved one’s expected retirement date.
• Any funeral costs, if the crash caused your loved one's death.
• Your loved one’s pain and suffering.
• Any other damages that were a direct result of the accident, including your family’s emotional loss if your loved one who died from accident injuries.

Let our experienced accident lawyers provide you with a stress-free, no-obligation consultation so that you can make the informed decisions that are necessary after your loved one's death. Reach out to us via this website or by phone to schedule your meeting.

Related Links: Car Accident Damages Why You Need an Attorney If You’re Hurt in a Car Accident How to File a Car Accident Injury Claim Successfully

 

What happens if a person dies before a car accident case is resolved?

Do I need to fill out any forms after a Harris County car crash?

If your accident involved any injuries, deaths, or property damage of $1,000 or more, then the police should investigate your crash and write a police report. You're not required to complete any forms if the police investigate your accident.

Driver’s Crash Reports

When a police officer doesn't investigate your accident, you should complete a Driver’s Crash Report, which is also known as Form CR-2. A driver involved in the accident typically completes this form. If the driver is unable to complete the form, then someone else should complete the form and explain why the driver is unable to do it.

The form asks for information about the crash, including:

• The crash location
• The date and time of the crash
• A description of your vehicle and any other vehicle, bicyclist, or pedestrian involved in the accident. This includes insurance information and an estimate of any vehicular damage
• A description of any property damage, other than vehicle damage, resulting from the crash
• A description of any injuries resulting from the crash. You will be asked to provide information about other people’s injuries to the extent that you know about these injuries
• Your statement about what happened. You should keep this to facts that you know for sure

Finally, you'll be asked to sign and date the form.

After you complete your crash report, it's important to keep a copy for your own files. The Texas Department of Transportation won't retain your report.

Why You Should Complete a Driver’s Crash Report

Sometimes accident injuries aren't immediately apparent. The police may not come to the scene, but later you may realize that you're injured and you may need to file a lawsuit. The information that you record in your Driver’s Crash Report may be very valuable to you as you seek damages for the injuries that you’ve suffered.

For more tips on what to do after a Harris County car crash, please contact the experienced attorneys at the law firm of Steven M. Lee, PC for a free, no-obligation consultation.

Related Links: Reporting Your Car Accident to the Police What to Do After an Auto Accident Delayed Symptoms of a Car Accident Injury

 

Do I need to fill out any forms after a Harris County car crash?

Top 6 Legal Tips for Summer Cruises

Hitting the high seas this summer? A cruise can be a wonderful way to relax, see some gorgeous sunsets, and visit new places around the world, all with free food and an open bar. Sounds perfect, right?
But be careful. Between slip-and-fall injuries, food poisoning, measles outbreaks, and, sadly, the occasional overboard death, cruise ships aren’t perfectly safe. So here are some legal considerations to keep in mind when taking a summer cruise.
1. Top 5 Legal Concerns About Common Carrier Liability
Cruise ships, legally speaking, are what’s known as "common carriers": businesses open to the public for transporting people or property. As such, they are often subject to state or federal regulations, and are required to exercise the highest degree of care and diligence in the safety of their passengers.
2. Do Cruise Ships Have a Passenger’s Bill of Rights?
Beyond general common carrier liability, cruise ships specifically are governed by a Supreme Court Kermarec rule, which requires cruise lines to provide reasonable care to anyone on board. This can make negligence lawsuits easier to bring.
3. Cruise Ship Injuries: What are Your Rights?
Even with that heightened duty to keep passengers safe, cruise lines may impose requirements for those seeking to file injury lawsuits. This can include like providing the company notice of the injuries within six months, and limiting lawsuits to certain jurisdictions.
4. Can I Sue a Cruise Line for an Injury?
The biggest issue when filing a negligence lawsuit against a cruise line is demonstrating that the company or its staff breached their duty of care to you. For instance, did you slip and fall because the deck was left wet or lacked dry mats? Or, did you tumble over because you had a few too many Mai Tais?
5. Cruise Ship Sickness: Can Passengers Sue?
Cruise ships are confined environments with hundreds, perhaps thousands of passengers and staff living in close quarters. So, whether it’s food poisoning or a virus, sickness can spread quickly on a cruise. But can the company be liable?
6. Who Pays for a Death at Sea?
Thankfully they are rare, but every now and then someone dies on a cruise. Congress has been trying to require cruise lines to self-report deaths on their ships, along with missing persons, thefts, and other serious crimes.
If you’ve been injured or sickened on a cruise ship this summer, contact an experienced personal injury attorney.

The post Top 6 Legal Tips for Summer Cruises  appeared first on Rutberg Breslow Personal Injury Law.

Top 6 Legal Tips for Summer Cruises 

Why won't my doctor see me after a car crash?

You are in a frustrating and scary situation. The doctor you trust to treat your injuries and illnesses is refusing to see you after you have been hurt in a car accident, and you may not know where to turn.

Doctors have different reasons for refusing to treat car accident victims. However, most of the time, doctors refuse to see people who are hurt in car crashes because it creates additional work for them. Billing may be more complicated than it is for other health issues. It isn’t only your health insurance company that's involved, but it may also be multiple car insurance companies.

Additionally, doctors may have to do more paperwork or get involved in your car accident lawsuit, and many doctors simply don’t want these additional responsibilities.

How to Get the Medical Help You Need After a Crash

Even if you understand your doctor’s reasons for not wanting to treat you, you're still left needing medical care. You have a couple of options. You can:

• Talk to your personal injury lawyer. Your lawyer may approach your doctor with a letter of protection that explains how your doctor will be paid out of your future car accident settlement. This may be enough to convince your regular doctor to treat you after a car wreck if your health insurance won't cover your car accident treatment and your doctor is worried about getting paid from a car insurance company or if you're uninsured.
• See a different doctor. Not all doctors refuse to treat car accident victims. You have the right to seek care from a different doctor, and you should do so as soon as possible. A doctor who treats car accident victims knows what injuries to look for, how to treat car crash injuries, and how to document injuries appropriately.

You may feel abandoned by your primary care doctor, but you're not alone. Our experienced car crash lawyers are available to make sure that your rights are protected after a Texas car crash. Call us or reach out to us via this website today to schedule a free and confidential consultation about protecting your legal rights and financial recovery.

Related Links: What to Do After a TX Car Accident Involving a Serious Injury Car Accident Damages Treatment of Collision Injuries by a Holistic Practitioner

 

Why won't my doctor see me after a car crash?

Pregnant Woman Pinned to Garage Wall by Tesla Model X Sues

It’s difficult to get a handle on how safe Tesla’s vehicles are, especially those equipped with their autopilot features. Just a few months ago, a National Highway Traffic Safety Administration analysis that appeared to show that older Tesla models became safer when updated with automatic steering options was called into question. "Our replication of NHTSA’s analysis of the underlying data shows that the agency’s conclusion is not well-founded," according to Randy Whitfield, president of Quality Control Systems, who conducted a review of the NHTSA data.
But it doesn’t seem that it was the self-driving function that was at fault in one accident in a California woman’s garage that left her pinned against a wall and sent her into premature labor. The woman is now suing Tesla, claiming its Model X lacked proper sensors and safety features.
"Driver" Error?
Tesla insists the vehicle "responded to the operator’s inputs, as designed." But that operator, in this case, turned out to be Mallory Harcourt’s 2-year-old son. Harcourt had allegedly just returned from shopping when she parked her Tesla Model X in her garage and opened the doors to unload groceries and take her son inside to change his diaper. Her son ran back into the car and the driver’s seat, however, and by the time Harcourt passed in front of the vehicle to get him, it accelerated, pinning her against the garage wall.
Harcourt claims the Model X’s gull wing doors were still open when it suddenly sped forward. She was eight months pregnant at the time, suffered a broken leg and shattered pelvis, and alleges the accident sent her into premature labor. Her lawsuit claims Tesla’s poor Model X design is at fault, specifically:

The vehicle lacks proper driver’s occupancy seat sensors, to distinguish between an adult and a child;
The vehicle fails to ensure all doors are closed before acceleration; and
The vehicle should have a shifting mechanism to prevent accidental engaging of the car’s drive system and an unintended acceleration or reversal.

Data and Defects
Tesla’s own data from the crash allegedly show someone alternately pressing the accelerator and brake, sometimes at the same time, while the gear shift was put in drive. (All while Harcourt’s son was lodged between the driver’s seat and the pedals.) The company is denying fault for the accident.
Holding car manufacturers legally responsible for defective vehicles is not easy. Product liability claims can be complicated and involve reams of data and statistical analysis (the same kind that the NHTSA struggles with, apparently). If you think a malfunctioning vehicle was at fault for your injuries, talk to a local product liability attorney today.

The post Pregnant Woman Pinned to Garage Wall by Tesla Model X Sues  appeared first on Rutberg Breslow Personal Injury Law.

Pregnant Woman Pinned to Garage Wall by Tesla Model X Sues 

Are U-Turns Legal in Texas?

Sometimes drivers need to turn around quickly or unexpectedly. You may see a driver in front of you abruptly make a U-turn and nearly cause a serious accident, or you may be hit by a driver who was attempting a U-turn. You may be left wondering whether the U-turn was legal or if you were hurt, you might be left wondering what you're going to do about your accident injuries.

The driver who is making the U-turn has a responsibility to exercise reasonable care for other motorists and pedestrians, and must comply with all Texas traffic laws.

Generally, drivers may make a legal U-turn if:

• They make the U-turn from the left lane.
• They wait for any traffic on the left side to go before making a U-turn on a green traffic arrow.
• They yield to traffic when making a U-turn on a solid green light or at an intersection where there isn't a traffic light.

A driver may not make a U-turn if there are any signs prohibiting U-turns, or if the driver is unable to comply with any of the requirements described above.

What to Do If You’re Hurt in a U-Turn Accident

As is the case with any car crash, a U-turn crash should be thoroughly investigated to determine who was at fault and which driver is responsible for the accident damages. Often, the driver who was attempting a U-turn bears the legal responsibility for the crash.

If you have been hurt in a U-turn wreck, we encourage you to contact the law firm of Steven M. Lee, PC for a free consultation. You may be able to recover compensation for your past and future healthcare costs, lost income, physical pain, emotional suffering, and other accident-related damages. Our experienced attorneys would be happy to talk to you about your rights and about the actions that you should take to protect your financial recovery.

Related Links: Why You Need an Attorney If You’re Hurt in a Car Accident Red Light Cameras How to File a Car Accident Injury Claim Successfully

 

Are U-Turns Legal in Texas?

Drivers Taking Opioid Medications are a Danger to Themselves and Others

In 2017, Texas healthcare providers wrote 53 opioid prescriptions for every 100 people. Other Texans got prescription opioid drugs from friends, relatives, or on the street.

While opioids provide some people with much-needed pain relief, opioid-related car crashes have increased significantly in recent years and caused many people a lot of pain.

The Danger of Opioid-Related Car Crashes

Prescription opioids such as OxyContin, Vicodin, and Percocet, can cause:

• Blurred vision
• Drowsiness
• Difficulty making decisions
• Dizziness
• Slowed reaction time

All of these things can make a driver using prescription opioid medications dangerous.

Were Opioids a Factor in Your Crash?

At the scene of the accident, you may not know whether the other driver was under the influence of prescription opioid medication. Unlike alcohol and marijuana, you won’t be able to smell a driver’s opioid use, and there may be no indication that the driver took medication.

However, as you and your car accident lawyer begin to investigate the cause of your crash, you may want to know if the other driver was taking an opioid drug. It could be evidence of negligence, and be relevant to your claim and your recovery.

During the discovery phase of your lawsuit, your lawyer may request information about prescription opioid medication in written interrogatories or during a deposition, and the other driver may be required to answer under oath. Additionally, your lawyer may request certain documents, such as prescription records, if opioid use is suspected.

Let a Lawyer Help You Protect Your Rights

You shouldn’t have to suffer from serious car accident injuries because someone else was taking prescription pain medication. Instead, the person who caused your crash, or that person’s insurance company, should compensate you for your medical expenses, lost income, out-of-pocket costs, pain, suffering, and other damages.

To learn more about how to get the recovery that you deserve, please contact Attorney Steven M.  Lee, PC today to schedule your free and confidential consultation.

Related Links: Car Accident Damages Drugged Driving Accidents The Growing Trend of Vehicle Accidents Caused by Opioid Use

 

Drivers Taking Opioid Medications are a Danger to Themselves and Others