That slight chill in the air is clear proof of that unmistakable Texas winter, and with that comes the Winter 2009/2010 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 Street and Ragsdale, your Fort Worth/Dallas car crash lawyers.

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.

BIG RIGS = BIG PROBLEMS

We all know the feeling: that uncomfortable tightening of the chest we get when we look into our rearview mirror and see an 80,000‑pound 18‑wheeler truck barreling down on our back bumper. This feeling is not entirely irrational. According to federal statistics, such trucks cause thousands of collisions each year. Given a truck’s size and weight, common sense tells us that a collision between a big rig and a car—or even an SUV—is likely to turn out badly for the car or SUV.

A RISE IN NURSING HOME ASSAULTS

Many of us are aware that se­niors can face dangers in nursing homes. Residents can receive substandard medical care, be given the wrong medications, or simply be neglected. However, recent data show a rise in new and unexpected problems—assaults, rape, and even murder.

PREVENT BURGLARY

Approximately every 15 seconds, a house is robbed somewhere in America. A few simple precautions can make your home a less‑inviting target and can convince burglars to try their luck elsewhere.

DRUG WARNING: ORAL SODIUM PHOSPHATE

Having a colonoscopy can be unpleasant, but it may also be dangerous. Before such a procedure, doctors often ask patients to take oral sodium phosphate (OSP) to clean out the bowels. However, OSP (which is available over the counter) can be very dangerous.

TIRED TRUCKERS CAUSE ACCIDENTS

Of all of the causes of truck collisions, one of the most preventable gets the least press: driver fatigue—in other words, tired truckers. Although federal law both limits the maximum number of hours that a truck driver is supposed to drive and prohibits truckers from driving if they are “impaired through fatigue,” the fact is that more and more big‑rig drivers are taking to the highways without enough sleep.

Many of us are aware that se­niors can face dangers in nursing homes. Residents can receive substandard medical care, be given the wrong medications, or simply be neglected. However, recent data show a rise in new and unexpected problems—assaults, rape, and even murder.

In 2000, there were 5,000 cases of patient‑on‑patient assaults in nursing homes; by 2003 (the most recent year for which statistics are available), this number had risen to 5,515. During the same period, the number of rapes increased by 51%.

There are a number of reasons for this increase in attacks on the elderly. As the population ages, nursing homes have become more crowded. More people suffer from dementia or mental illness, which sometimes can cause them to lash out violently. Some nursing homes house younger, mentally ill patients with older, defenseless elderly residents. Finally, some nursing home residents are criminals, elderly sex offenders, or murderers. Unfortunately, Texas was one of the states identified in a survey as having among the highest numbers of registered sex offenders living in nursing homes.

Usually, the person responsible for a criminal act is the criminal. However, in many cases, these assaults lead to civil suits against the nursing homes, based on the claim that the nursing home was negligent for not keeping a dangerous resident away from the victim or for not taking the time to determine which residents are potentially dangerous. The suits argue that a nursing home should be aware of these things and that it should take steps to protect residents from assaults once it knows that a particular person presents some kind of danger to others.

Nursing homes often point to health‑care privacy laws and claim that these laws prevent them from issuing warnings about other residents. They also sometimes cite inconsistent state laws or claim that the costs of background checks and the like are too high for them to bear.

Advocates for the elderly are more likely to cite understaffing, incompetence, and an unwillingness to admit that there is a problem. Whatever the cause, individuals whose loved ones reside in nursing homes should be aware of the potential for violent assaults and should keep their eyes open and not be afraid to ask hard questions of the management and staff.

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. Nor are nursing home patients immune: The CDC estimates that this population suffers another 1.5 million preventable infections each year, for a total of 3.5 million facility-acquired infections annually. While these numbers are grim enough on their own, they become even more so when you realize that, by comparison, the incidence of new AIDS infections ranges from 38,000 to 56,000 per year, while AIDS deaths number about 16,000 per year. Given the lack of news coverage regarding the number of deaths caused by infections, it could be called a silent epidemic.

The number of such infections has been on the rise in recent years, although experts disagree about the reasons. Some point to the rise in the number of infectious agents that are resistant to some or all of the antibiotics used to treat infections. Others point to the increasing prevalence of HMOs, which can result in patients’ not being treated by a specialist trained to recognize an infection until after it has become established, when it is more difficult to treat. Others claim that the infection rate is the same as it has always been, and it is just that reporting has gotten better.

Many authorities reject hospitals’ traditional response to complaints about infections acquired in their facilities–that a certain number of infections is inevitable–and have concluded that most of these infections result from the failure of the hospital or its staff to strictly follow the rules intended to prevent the infections.

Revolutions

The response to this information has led to a legal revolution that will hopefully bring about a health-care revolution. More than half of the states have passed laws requiring hospital-acquired infections to be reported to state health authorities, so people have a better idea of the scope of the problem. The CDC itself has given the issue much more attention than it ever did in the past, and has recently issued guidelines that hospitals and nursing homes should follow to prevent infections in their patients. So has the Joint Commission, a body that gives hospitals their accreditation and whose regulations are considered by many to be a good statement of the standards that hospitals should follow.

These changes are not just regulatory, but also legal. Lawyers who counsel hospitals and nursing homes have taken these standards seriously, and they advise their clients to enact protocols to ensure that these standards are met, rules that can include something as simple as requiring the staff to wash or otherwise disinfect their hands when moving from one patient to another.

Lawyers also advise hospitals to regularly screen patients for the presence of drug-resistant organisms and to regularly use instruments that have been pretreated with antibiotics to prevent infections before they occur. In recent years, based on these recommendations, many facilities have overhauled their policies and procedures that are intended to prevent infections, even imposing penalties on doctors and staff who are caught failing to obey the new, stricter rules.

Lawsuits

However, because not all hospitals and nursing homes have gotten the message, and because some of them allow profits to come before patient care, another legal avenue is being pursued: litigation. With the problem of hospital-acquired infections now well known, and with the enactment of many new regulations designed to address the issue, hospitals are finding it harder to avoid liability when a patient does become infected.

In some rare cases, juries are awarding tens of millions of dollars to patients who contracted serious bacterial infections while they were patients at hospitals or nursing homes, infections that often involve drug-resistant, flesh-eating bacteria and that lead to death or to the loss of limbs and organs. Most experts agree that the publicity given to the problem has also made jurors more aware of the problem, and so less tolerant of a hospital’s lack of a similar awareness and concern.

Despite increased awareness, lawsuits regarding facility-acquired infections can be difficult to win. Although the fact of the infection is known, the cause is often difficult to pinpoint. In some cases, the medical records allow experts to determine the likely source or cause of the infection, but, in others, it is not possible to know exactly where the infection came from and, therefore, who is at fault. This uncertainty means hospital infection cases must be handled very carefully by experienced lawyers to ensure that the injured patient or his or her surviving family have their day in court.

If you feel that you or someone you love may have been a victim of a preventable infection, contact us. We can help you determine the best course of action for you under the circumstances.

Last week, a police sergeant was involved in not one, but two Dallas car accidents. And they happened in just a 24-hour period.

According to the Dallas News CRIME Blog, the 42-year-old sergeant experienced the first Dallas car accident when he was on patrol in North Dallas. He was traveling on Montfort Drive north of Spring Valley Road. A woman seemed to be turning left onto Montfort Drive from the east, but instead she drove straight across the Dallas police sergeant’s lane.

The second Dallas car accident resulted in the man’s police car striking the front of the woman’s car, then going into a wall. The police sergeant’s airbag did not deploy, and he spent the night at a Dallas hospital due to back and neck injuries.

That was the first Dallas car accident. After the man was released from the hospital the next day, he was driving with his wife and young child to Irving via Interstate 635, his wife behind the wheel. They were just past Marsh Lane when traffic came to a stop and a car behind them struck their vehicle. As they described it to the Dallas News CRIME Blog, “The trunk of our car was in the back seat.”

Last week after sustaining injuries in a Dallas car wreck, a mother and her baby were taken to an area hospital to be treated. The Dallas car wreck occurred when, according to police officers on the scene, the woman hit a vehicle as she was making a turn onto F.M. 1417 from S.H. 11.

The woman was driving a small SUV, and she and her child did not sustain any life-threatening injuries from the Dallas car wreck even though they were taken by air ambulance to the hospital.

Don’t Be a Dallas Car Wreck Victim

A Dallas car wreck can happen at any time. Those who are involved in a Dallas car wreck can suffer serious personal injury, and in some cases wrongful death can happen. Driver negligence, exhaustion and faulty brakes are all things that can cause a Dallas car wreck. Regardless of the cause of the wreck, it’s essential that you contact an experienced Dallas car wreck lawyer if you or a loved one have been involved in a Dallas car wreck so that you can find out what should be done next. You may be entitled to compensation, and a good Dallas car wreck lawyer will fight to get you what you deserve.

Hiring a Dallas Car Wreck Lawyer

Hiring a Dallas car wreck lawyer can help you figure out what to do next. Dealing with insurance companies and medical bills can be overwhelming, but an experienced Dallas car wreck lawyer will know how to fight for your rights and get you the compensation you deserve.

If you or a loved one have been involved in a Dallas car wreck, don’t hesitate to contact the law firm of Street & Ragsdale for a free case evaluation.

A Dallas motorcycle accident that happened the first week of the year has left one man dead. On January 3, a 26-year-old man was driving his 2009 Harley Davidson motorcycle north on Independence Parkway when he suddenly lost control and hit the curb. He wound up flipping the motorcycle many times and was thrown into the street.

The driver of the motorcycle spent until January 13 in a hospital, where he died of injuries sustained in the Dallas motorcycle accident. According to witnesses, the  man was not wearing a helmet and may have been speeding.

Don’t Be a Dallas Motorcycle Accident Victim

The National Highway Transportation Safety Administration has put out some statistics on motorcycle accidents, and it’s clear that motorcyclists are far less likely to be killed in an accident when they’re wearing a helmet. The statistics also noted that these same motorcyclists are less likely to suffer from traumatic brain injury or serious head injuries when they’re wearing a helmet.

A Dallas motorcycle accident can occur any day at any time. When other vehicles are involved, the outcome is most often extremely tragic. Serious injuries and even wrongful death can result from a Dallas motorcycle accident. If you or a love one have been involved in a Dallas motorcycle accident, don’t hesitate to get help from an experienced personal injury lawyer at the law firm of Street & Ragsdale.

Last weekend, a Dallas car wreck resulted in the death of a 22-year-old man. It was a two-car wreck that happened near the Galleria Mall at around 10am on Sunday morning. A Dodge truck ran a red light at the Alpha Road and Dallas Parkway intersection, striking the victim’s car and subsequently hitting another car before it stopped.

The driver of the truck was not arrested or ticketed, but the case is expected to be referred to a grand jury in Dallas County.

Dallas car wrecks like this one can happen anywhere, anytime. And the outcome can often be very tragic, just like this one. The sad truth is that personal injury and death rates are on the rise when it comes to car wrecks. In fact, for people ages 4 through 33, they are the leading cause of death. In 2000, there were 41,821 people who died in car wrecks. And in those same car wrecks, the number of people injured was 3,189,000.

Dallas Car Wreck Personal Injuries

Dallas car wreck personal injuries are nothing short of serious. Painful emotionally as well as physically, personal injuries can have a tremendous effect on a person, along with their friends and family. Wages can be lost, medical bills can pile up and a person’s life can just plain not be the same as it was before the Dallas car wreck.

Wrongful Death and Dallas Car Wrecks

Dallas car wrecks can not only cause serious personal injuries, but they can result in wrongful death. If you know someone who suffered a wrongful death because of a Dallas car wreck, don’t hesitate to get help. A Dallas car wreck lawyer at Street and Ragsdale can discuss your case with you and decide the next step to take.

If You’ve Been Injured in a Dallas Car Wreck

If you’ve been injured in a Dallas car wreck, it is imperative that you seek help from a qualified personal injury lawyer as quickly as possible. The experienced, knowledgeable car wreck lawyers at Street and Ragsdale have what it takes to fight for your rights. Contact them today to have your case evaluated for free.

The Plane Crash Death of Adventurer Steve Fossett

The plane crash that killed Steve Fossett has received a lot of press coverage, some of it erroneous.

For example, many reporters took issue with the fact that Steve Fossett failed to file a “flight plan” before taking off from William Barron Hilton’s Flying-M Ranch in northern Nevada ranch on September 3, 2007. These writers seem to believe that a flight plan would’ve given authorities the exact coordinates of Fossett’s journey at every moment, and thus a simple path to travel to search for the plane crash. (The search for Steve Fossett’s plane crash, by the way, covered seventeen thousand square miles and was the most exhaustive search for a missing aircraft in U.S. record.)

The truth is, in fact, that a flight plan, especially a “VFR” (visual flight rules) flight plan for clear and sunny flight conditions, would have done nothing to aid searchers in finding Steve Fossett’s plane crash site. As Stephan Wilkinson writes at concierge.com, “Fossett had only a general idea of where he’d be flying… So give the guy a break. Failing to file a VFR flight plan is tantamount to failing to change the air in your tires before going for a drive.” Flight plans don’t detail every movement of a planned plane flight, so when a plane crash happens, flight plans are of little help. A pilot can take a plane up and wander around the skies, just like you can take your car and roam freely around your neighborhood. Steve Fossett’s failure to file a flight plan was not reckless, just expedient.

Steve Fossett’s plane crash happened in a Bellanca Super Decathlon, a tiny two-seat prop plane with little speed and good maneuverability. His choice of plane was appropriate. What other things could Fossett have done to survive his plane crash – and what could you do to avoid dying in a plane crash?

Count the number of rows to the nearest exits. If you can find the exit in the dark or smoke, you’re much likelier to survive a plane crash.

Brace yourself for the impact. If you get knocked out by the plane crash, you’re a lot less likely to live.

Don’t wear sandals. In a plane crash, good shoes and long sleeved garments will help protect you from sharp metal, glass fragments and flame.

Find water and follow it. If you walk away from a plane crash, head downhill and find a stream or river, and follow it. Water always leads to civilization.

Prepare your family for a plane crash. Make sure your kids understand what to do, and split the responsibility for children with your spouse so each of you know which kids to guide in the unlikely event of a plane crash.

If oxygen masks drop before the plane crash, put your mask on before your kids’. As the flight attendants will tell you, it’s better if you’re conscious so you can help your smaller companions.

Sit near the rear. Although the FAA argues that there is no safest seat in a plane crash, a comprehensive study by Popular Mechanics claims that passengers in the rear of a plane are 40 percent more likely to live through a plane crash than the folks in the front seats.

Move fast, stay calm and stay low immediately following a plane crash. Toxic smoke is a major killer in plane crashes; staying low keeps you breathing cleaner air. Time is a big factor in a plane crash, too; don’t delay because conditions in the plane cabin will only deteriorate from fire, smoke and possibly explosions.

If you’ve survived a plane crash, don’t hesitate to contact the plane crash lawyers at Street & Ragsdale. Our accident lawyers are experienced and highly successful experts who can help you obtain justice in your plane crash case.

We’re happy to bring you the Fall 2008 Texas Law Alert in this new blog format. This article and the following short blog entries are all part of this fall’s Alert. Each Alert brings you easy-to-read tips and articles on everyday legal topics.

Despite this modern age of marketing and advertising, the best source of our new business is word-of-mouth. We are grateful that many of our clients and friends feel confident in recommending our firm.

Unfortunately, when people need a good lawyer, they often do not know where to turn. If you or someone you know has been injured and needs legal help, contact us for a free case evaluation.

Automobile Insurance Essentials

Most of us who drive know we must have insurance on our automobiles, but not all of us know what this insurance does and does not cover.

After an Auto Accident

Simple, practical advice about what to do after you’re involved in a car wreck or auto accident.

Advice for the Injured

No one wants to be injured in an accident, and no one wants to have to hire a lawyer to pursue a claim against the person who injured them. However, people are occasionally injured and have to pursue a claim.

Travel Safely on Airlines

While passengers in a plane can hardly prevent a crash, they can take some common-sense steps to make sure that they survive any crash that may occur.

Dog Owners Be Advised

Some dog owners believe they cannot be liable if their dog attacks someone, unless it has attacked someone else before and therefore the animal is known to be dangerous. The Texas Supreme Court has recently made clear that this is not accurate.

Dangerous Drugs

Although the majority of drugs are safe and effective, many are dangerous to certain users.

Visit our archive of past Texas Law Alerts.

Personal Injury Tips

No one wants to be injured in an accident, and no one wants to have to hire a lawyer to pursue a claim against the person who injured them. However, people are occasionally injured and have to pursue a claim. If this has happened to you, keep in mind the following tips.

Be Careful Whom You Talk To

As strange as it may sound, you have to be careful whom you talk to about your injuries. Of course, you are going to talk to family members and friends about what happened. Out of concern, many of them will offer you all kinds of advice about your medical care and legal matters. Although they are well-intentioned, your family and friends are not usually doctors or lawyers, and, even if they are, their advice may not be correct. Instead of relying on advice from nonexperts, rely on a doctor and a lawyer you trust to help you make medical or legal decisions.

When speaking with your doctor, keep the focus on your condition. There is no need to hide the truth–if your doctor asks if you have a lawyer, tell him you do. However, keep in mind that it is the doctor’s job to care for your body, and the lawyer’s job to handle your case. There is no need to volunteer more than you have been asked. Also, make sure that your doctor knows immediately about any change in your medical condition.

BE VERY CAREFUL when speaking with an insurance adjustor who works for the insurance company of the person who caused your injuries. No matter how friendly he seems or how much he says he wants to help, he works for your opponent and is trying to pay you as little as possible. The best tactic is to tell the adjustor to call your lawyer.
Keep Good Records

If you are being treated for injuries, you will generate a lot of paperwork, much of which is relevant to your case. If you can keep your records in good order, this will help your lawyer tremendously.

Of course, keep copies of medical records, especially your bills, from all of your doctors and other healthcare providers. Records from your health insurer are also important.

If you have missed time from work and are trying to recover for your lost wages, a pay stub showing how much you would have earned can be valuable, as is a statement from your employer telling how much time you have missed from work. Income tax returns from current and prior years are also helpful, allowing a comparison between what you earned before you were injured and what you earned afterwards.

In addition to this, keep any documents that you receive from an insurance company, whether your own or the insurer of the person who caused your injuries. If you receive anything in the mail that looks as if it is related to your case, hang onto it.

Help Your Lawyer to Help You

Finally, don’t overlook the obvious. Make sure that your attorney has your current address and phone number, and let him know if they change. Your lawyer will do everything possible to give you plenty of notice about things he or she may need, and you will have to meet any deadlines the court might impose.

If you need to speak with your lawyer, make an appointment. This ensures that your attorney will have time to speak with you and will be prepared to discuss your case. Lawyers have other clients and other commitments, and “dropping by” without notice may waste your time.

Keeping all of these things in mind will help your case go as smoothly as possible and help to ensure that you recover everything that you deserve.