The flowers are blooming, heralding the arrival of spring and the Spring 2009 Texas Law Alert! This table-of-contents article and the following short blog entries are all part of this winter’s Alert. Easy-to-read tips and articles on common legal questions make up each Texas Law Alert, a free service from the STREET LAW FIRM, your Fort Worth/Dallas car crash lawyer team.

WE PREFER YOU TO REFER!

The time following a car crash or personal injury is often difficult. There are many things to take care of. Hiring a good lawyer is one of them.

You can trust our personal injury law experts and our track record of winning cases and recovering settlements. If you or a loved one has been injured in an accident, call us. We will aggressively represent you and make sure that you are justly compensated for your injuries.

PREVENTABLE INFECTIONS ON THE RISE

According to the federal Centers for Disease Control (CDC), patients in American hospitals come down with over 2 million hospital-acquired infections each year, 90,000 of which result in death. Given the lack of news coverage regarding the number of deaths caused by infections, it could be called a silent epidemic.

MEDICARE LIMITS PAYMENTS FOR TREATMENT OF INFECTIONS

In a potentially helpful development, the federal government has passed new rules that limit the payments Medicare will make to a hospital to pay bills incurred in treating preventable infections and medical errors the hospital should have avoided.

AGGRESSIVE DRIVING

As roads become more congested and people’s lives become more hectic, aggressive driving and the dangers associated with it increase. Aggressive driving is the combination of unsafe and unlawful driving actions that show a disregard for safety.

CARBON MONOXIDE POISONING

Carbon monoxide (CO) is a colorless, odorless gas given off by fuel-burning appliances such as gas heaters and gasoline-burning engines. According to the CDC, about 500 Americans die every year from CO poisoning not related to a house fire, and more than 15,000 are injured.

COMMON TREATMENT TIED TO JAW PROBLEMS

According to a recent university medical study, a drug commonly prescribed to treat osteoporosis in women may have the unintended side effect of causing a serious jaw disease.

DANGEROUS PRODUCTS MADE IN FOREIGN LANDS

A few years ago, the news was full of stories of toys being pulled from shelves for dangerous levels of lead in their paint. Anyone who was injured by these dangerous toys certainly has a claim against the manufacturer, but asserting a claim is often difficult, especially if the factory that made the product is in another country.

KNOW ABOUT THE “NO-ZONE”

All drivers should be aware of the “no-zone,” the area on the sides and rear of 18-wheelers where the truck driver cannot see a car.

As roads become more congested and people’s lives become more hectic, aggressive driving and the dangers associated with it increase. Aggressive driving is the combination of unsafe and unlawful driving actions that show a disregard for safety. An aggressive driver is one who operates his or her vehicle in a selfish, bold, or pushy manner, without regard for the rights or safety of others.

Aggressive driving is often triggered by trivial disputes and includes such things as refusing to allow a motorist to pass, obscene gestures, horn blowing, tailgating, and failure to obey traffic laws. Aggressive driving is different than “road rage.” Road rage usually involves a driver breaking a criminal law, such as by shooting a gun at another driver who cut him off. However, aggressive driving can be just as dangerous, to both the aggressive driver and those with whom he shares the road.

You can protect yourself from the hazards posed by aggressive drivers by allowing yourself extra travel time to arrive at your destination so you do not have to hurry, by avoiding stress, and by remaining calm in traffic. The best way to avoid being the target of an aggressive driver is to practice basic traffic courtesy. Assume the best of other drivers, and assume if they make a mistake that it is not personal. Avoid conflict if possible (even if you are in the right) and carefully consider the possible consequences before you react. Finally, call 911 to report unsafe or aggressive drivers. The risks and consequences of aggressive driving are great, and you should take care to be neither a perpetrator nor a victim.

All drivers should be aware of the “no-zone,” the area on the sides and rear of 18-wheelers where the truck driver cannot see a car. This dangerous area is easy to locate: If you can’t see the driver of the truck in his mirror, then he can’t see you.

The no-zone is dangerous for two reasons. First, if the truck driver cannot see you, he might try to pull into your lane, causing a crash. Second, if you drive in the no-zone, the truck and its trailer cut off your view to the side and reduce your view to the front, making it harder to avoid accidents.

If you are behind a truck, stay out of the no-zone so that the driver can see you. If you are passing a truck, do not linger in the no-zone–get through it as quickly as you can while still driving safely. Remember: No matter who had the right of way, when an 18-wheeler and a car collide, the car always loses.

It’s the end of the year, and that means it’s time for the Winter 2008/2009 Texas Law Alert! This table-of-contents article and the following short blog entries are all part of this winter’s Alert. Easy-to-read tips and articles on common legal questions make up each Texas Law Alert, a free service from the STREET LAW FIRM, your Fort Worth/Dallas personal injury law firm.

WE PREFER YOU TO REFER!

The period of time following an accident is one of confusion and uncertainty. There are many things to take care of. Hiring a good lawyer is one of them.
Many times, people don’t know where to go when they need legal help. If you or a loved one has been injured in an accident, call us. We will vigorously represent you and make sure that you are justly compensated for your injuries. That’s our job.

ATVS: ACCIDENTS WAITING TO HAPPEN

According to the Consumer Product Safety Commission, approximately 136,000 injuries and 700 deaths occur from ATV accidents every year.

CHILDREN AND ATVS

Amazingly, 95% of children between the ages of 12 and 15 who are injured on ATVs (and 65% of younger children) are injured or killed while riding a full-size ATV intended for an adult.

BE ALERT FOR MEDICATION ERRORS
While more and better drugs are usually considered a good thing, the increase in the number of drugs available and in the number of drugs the average person takes has led to an explosion in the number of errors made in prescriptions.

UNSAFE LOAD = BIG RECOVERY
The company’s president told him he could either drive the company’s truck or drive his own truck home. The trucker refused to take the unsafe load and was fired the same day.

BALANCE YOUR CHECKBOOK
Although no one would argue that balancing your checkbook is a fun way to pass an evening, balancing it every month is important for several reasons.

INSURANCE COMPANY HITS
When it’s time for an insurance company to pay you a settlement because you were injured in an auto accident, does your insurance company sing a different tune?

Children are involved in over 45,000 ATV accidents every year. Amazingly, 95% of children between the ages of 12 and 15 who are injured on ATVs (and 65% of younger children) are injured or killed while riding a full size ATV intended for an adult. These full size machines are dangerous for children because they are too big and powerful for kids to control.
Alarmed by the number of injuries and deaths suffered by child ATV riders and passengers, neurologists who conducted a study of ATV accidents involving children issued a call for a number of common sense guidelines, including banning children younger than 16 from riding ATVs and requiring all ATV riders to wear a helmet. Such common sense would reduce the profits of ATV manufacturers, who oppose any such regulation and continue to market ever more powerful ATVs to children.
Regulations or not, if parents allow their children to ride ATVs, they should insist that their children safely ride ATVs of an appropriate size while wearing a helmet. This is not a cure all but should help reduce what is becoming an epidemic of ATV related injuries.

It is worth remembering that sometimes things do work out for the best if you do the right thing. This point was driven home by a recent case involving a Texas truck driver and an unsafe load.
The truck driver was fired because he refused to take to the highways driving a load of steel that was not properly secured and was therefore dangerous. The company’s president told him he could either drive the company’s truck or drive his own truck home. The trucker refused to take the unsafe load and was fired the same day.
The trucker sued, claiming that he was fired solely for refusing to perform an illegal act. At trial, the jury agreed. Contributing to its verdict were a number of facts, including the following:

•    This was not the first time the driver had complained about having to drive a dangerous load.
•    The company admitted that it knew next to nothing about the federal regulations governing trucks and their loads.
•    The driver had previously received a ticket for transporting an unsafe and illegal load, about which he had complained.
•    When another driver took the same unsafe load the trucker had refused to take, part of the load came loose and slammed into the driver’s cab.

The trucking company tried to discredit the trucker’s stance and to portray him as being in it for the money, but the jury credited his testimony that he had been trying to do the right thing and be a good role model for his kids. The jury awarded the trucker $267,000, even though he had suffered only $7,500 in lost wages. Those of us who drive on Texas highways can only hope that the trucking company got the message.

Insurance companies take in billions of dollars of premiums. But when the tables get turned and it’s time for an insurance company to pay you a settlement because you were injured in an auto accident, the insurance company sings a different tune. An insurer will use any excuse to avoid paying a fair settlement, but some of the more common ones are listed below.

1. You were speeding and therefore could not avoid the accident (sung to the tune of Hot Rod Lincoln by Commander Cody)
2. Your car had defective equipment that caused the accident (sung to the tune of Manic Mechanic by ZZ Top).
3. You failed to use a turn signal (sung to the tune of Turn! Turn! Turn! by The Byrds).
4. You were not paying attention before the accident (sung to the tune of Carefree Highway by Gordon Lightfoot).
5. There were no witnesses to the accident except for the passengers in your car. . . and they don’t count. (Can I Get a Witness? by Marvin Gaye).

Don’t let an insurance company give you the old song and dance routine and avoid paying you what you deserve. Call us today and we’ll make the insurance company sing sweet music to your ears.

And is your insurance company one of our Worst Insurance Companies? Maybe you’re smart enough to have picked one of our Best Insurance Companies to insure your car. Find out now!