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.

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 Street and Ragsdale, your Fort Worth/Dallas personal injury 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.

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?

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.

Automobile Insurance Advice

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. The following is a basic overview of the kinds of insurance commonly offered in Texas, what each different kind of insurance covers, and some basic points every automobile owner should consider.

Liability

The most important type of insurance is called liability insurance. Every driver is required by Texas state law to have a certain amount of liability insurance. The purpose of liability insurance is to pay for damages caused by you and other drivers of your automobile, including such things as medical bills, car repair bills, lost wages, compensation for pain and suffering, and most other kinds of damages that might be awarded. As of April 1, 2008, Texas law requires drivers to carry so-called “25/50/25″ insurance, which provides coverage of up to $25,000 per person, up to a total of $50,000 per accident, and up to $25,000 for property damage per accident.

PIP

Another common type of car insurance is personal injury protection insurance, or “PIP.” PIP pays the medical bills and lost wages incurred by someone who is injured while driving or riding in your car. PIP is available regardless of who is at fault for causing the accident. Although Texas drivers are not required by law to purchase PIP coverage, insurers are required to offer at least $2,500 in PIP coverage. If the driver chooses not to carry PIP, he or she must reject it in writing.

Uninsured/ Underinsured

A third common kind of insurance is uninsured/underinsured motorist (UM/UIM) coverage. Basically, UM/UIM coverage protects the insured against damages or injuries that are caused by other drivers who (in violation of the law) do not have liability insurance. As is the case with PIP, a driver is not required by state law to carry UM/UIM coverage, but insurers are required to offer it. Also, like PIP, if the driver chooses to reject the coverage, he or she must do so in writing.

Collision and Comprehensive

Liability, PIP, and UM/UIM are very common, and many drivers carry all three kinds, but those are not the only kinds of insurance available. For example, drivers may also choose to purchase collision insurance and comprehensive insurance. Collision insurance pays the costs of fixing your car after an accident, whether the accident was caused by you or by another driver, up to the market value of the car. Comprehensive insurance also pays for damage to your car, but it pays for damage by causes other than collision, such as damage by fire, hailstorm, or theft. Although neither collision nor comprehensive insurance is required by state law, banks and other lenders often require that a borrower buy this extra insurance in order to protect the value of the car.

Other Insurance

Other, even more specialized kinds of insurance may be available. For example, many insurers offer towing insurance, which pays the cost of towing your car to a garage if it is disabled. Others offer rental car reimbursement, which pays the cost of renting a car to use while your car is being repaired for damage covered by some other insurance policy.

How Much Is Enough?

The answer to the question of how much insurance a driver must have is usually an easy one. State law requires all drivers to have at least 25/50/25 in liability insurance coverage. However, the answer becomes more complicated when you reframe the question in terms of how much the driver has to lose.

We recommend that you have additional liability coverage to protect you if you cause an accident. We also urge you to purchase at least the minimum amount of UM/UIM coverage. If possible, have as much UM/UIM coverage as you have liability coverage. For a few dollars more, you can adequately protect yourself and your family. Talk to your insurance agent if you have questions about the coverages that you should carry on your auto insurance policy. And, as always, feel free to contact us if you have additional questions.

* STAY CALM.

* Move yourself and your passengers out of harm’s way. Call the police.

* Assist anyone who is injured. Call for an ambulance if necessary.

* Get the name, address, phone number, and license number of the other driver(s) and car(s). Exchange insurance information. DO NOT discuss the accident (except with the police), but DO make notes of anything the other driver(s) says about the accident.

* Get the names, addresses, and phone numbers of any witnesses.

* Get photographs of your vehicle, contact your insurance company, and write down everything you remember about the collision ASAP.

* Contact our firm to discuss your legal options.

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.

Don’t Let Airplane Crashes Catch You Napping

Because plane crashes are so spectacular, they tend to make the evening news. As a result, people often forget how safe air travel is–it’s much safer than driving. However, from time to time planes do crash. While passengers in the plane can hardly prevent a crash, they can take some common-sense steps to make sure that they survive any crash that may occur.

Airline safety starts before you leave home. Dress sensibly, preferably in long pants and sturdy shoes. After a crash is no time to find out that the shorts you’re wearing do not protect you from flames, or that your sandals do not protect your feet from the glass and metal, or that your clothes are insufficient to protect you from the elements after you exit a crashed plane.

When you take your seat, note the location of the nearest emergency exits in front of you and behind you. Count the number of rows to these exits, and remember the number; this will help you in case the plane fills with smoke.

Plan how you will escape from the plane in the event of a crash. While a plane is crashing is the wrong time to be formulating your escape plan. As part of the plan, think about how you will help any children traveling with you.

Finally, get out of a crashed plane as fast as you can. Leave your luggage and everything else and save yourself. If you have to use an emergency slide, slide feet-first and then clear the bottom of the slide for the next person.

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.

The case involved a salesman who was making a delivery to the owner of three dogs. When the door opened, the dogs attacked the salesman, who was badly bitten. As the dogs were attacking the salesman, the owner did nothing to try to stop them.

The salesman sued, and the owner argued that because the dogs had never been vicious before she could not be liable for the injuries they caused. On appeal, the supreme court disagreed. It ruled that because the owner saw the dogs attack, she should have taken reasonable steps to try to call off the dogs or otherwise stop them from attacking the salesperson. Because the evidence showed that she did not do so, she could be liable.

Pet owners should be prepared not only to take reasonable steps to protect people from attacks by their pets, but also to take reasonable steps to stop such attacks should they begin.

It seems as though every day there is a new story about some drug that causes serious side effects, even death. Although the majority of drugs are safe and effective, many are dangerous to certain users. The following medications have all been associated with certain health problems:

Acutane:

depression; suicide

Cialis, Viagra, Levitra:

blindness

Celebrex, Vioxx:

stroke; heart attacks

Ephedra:

heart trouble; hypertension

Ortho Evra, Prempro:

embolisms; strokes

Paxil:

addiction; violent outbursts

Rezulin (aka Prelay):

hepatitis; liver problems

Zyprexa:

diabetes; stroke

Of course, this is only a partial list, and the dangerous effects of some drugs may (as yet) be unknown. If you have reason to suspect that you or someone you love has been harmed by a medication, contact us.