Personal Injury

Published on: March 14, 2013

Proposed Legislation and Upcoming Texas Supreme Court Decision May Impact Future Asbestos Litigation in Texas

The severe health effects associated with both occupational and non-occupational asbestos are well documented. However, the fact the asbestos-related diseases do not appear immediately is not as well known. According to the Texas Department of Health, asbestos-related diseases may not develop until 20 to 50 years after exposure.

Unfortunately, recent legislation proposed by a Texas lawmaker and the Texas Supreme Court’s upcoming decision in an asbestos case may make it more difficult for individuals to recover damages after suffering from exposure to asbestos, especially given the fact that the development of asbestos-related diseases often does not occur until many years after exposure.

Texas House Bill 1325 Will Allow for Dismissal of Certain Actions Arising from Exposure to Asbestos and Silica

On February 14, 2013, Texas Rep. Doug Miller filed H.B. 1325 that would allow Texas judges to dismiss thousands of pending asbestos and silica liability cases from Texas state courts. The bill proposes to clear inactive cases from the docket that were filed before the 2005 tort reforms relating to asbestos and silica litigation were enacted in Texas. Those reforms require individuals who alleged that they were harmed by asbestos exposure to submit a report showing that they were in fact diagnosed with malignant asbestos-related cancer or another medical condition as defined by statute. Per statute, the report must also prove that it was exposure to asbestos and/or silica that caused the disease, not other hazards such as smoking. When the law changed in 2005, all pending cases that failed to allege the requisite medical condition were moved to an inactive docket, where many remain today.

The proposed legislation would allow for all of those cases to be dismissed either on a defendant’s motion or by the court if they still do not include a medical report. If the bill passes and is signed by the governor, it will take effect September 1, 2013.

Supreme Court to Address Causation Requirements in Asbestos Case –Georgia-Pacific Corp. v. Bostic

On February 13, 2013, the Texas Supreme Court agreed to review the decision of the Court of Appeals in Georgia-Pacific Corp. v. Bostic. The Supreme Court’s decision in this case will have far reaching effects, essentially determining whether or not plaintiffs who worked primarily in Texas can continue to file asbestos lawsuits in Texas. The Supreme Court’s decision to hear this case is surprising given that they initially declined to hear plaintiff’s appeal.

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Published on: March 13, 2013

Worker Safety at Texas Oil and Gas Companies Remains an Issue

By Carabin Shaw

The 2010 BP Deepwater Horizon Oil Spill, considered one of the worst environmental disasters in U.S. history, stemmed from an oil rig explosion that killed 11 rig workers and injured 17. While this event received a great deal of media attention due to the devastating environmental damage it caused, it is important to remember that the oil and gas industry accounts for hundreds of deaths, explosions, fires, and spills in the United States each year, many of which go largely unnoticed. By 2016, oil and gas production in Texas is expected to reach an all-time high, mainly due to an increase in oil and gas drilling. While increased gas production means an increase in jobs, it also means that more workers are subject to injury.

In fact, according to a 2010 report by the National Wildlife Federation, Texas ranked first in the top states for pipeline accidents, with 523 significant incidents, 15 fatalities and 60 injuries reported from 2000 to 2010 in Texas alone. In South Texas, one in five fatalities investigated by OSHA in the past decade was at an oil and gas company. According to a February 26, 2013 article focusing on Eagle Ford Shale in the San Antonio Express-News:

-11 worker deaths in the Eagle Ford Shale since 2009;
-35 fatality investigations in Texas by the Occupational Safety and Health Administration since 2009; and
-4,100 drilling permits issued in 2012
The article notes that according to OSHA investigations, federal inspectors found safety violations at the site of every fatality and “often concluded that companies had not taken adequate steps to keep their workers safe.” Michael Rivera, area director for OSHA’s Corpus Christi office, which monitors most of the Eagle Ford Shale region south of San Antonio, stated that although he sees many people working hard to keep things safe, there are also those who just don’t and instead take shortcuts to maximize costs.

Notably, injuries and fatalities are not confined to accidents occurring on oil and gas rigs. Although OSHA does not investigate transportation accidents on public roads, the article emphasizes that 40 oil and gas workers in Texas died while traveling to and from work from 2009 to 2011. In addition, a 2013 study published by the Accident Analysis & Prevention Journal, based on data from the U.S. Bureau of Labor Statistics, found that oil and gas workers are 8.5 times more likely to die in a motor vehicle crash while on the job than those in other businesses, possibly due to the long hours worked by oilfield workers and the treacherous roadways these workers must navigate to get to isolated work locations, including Eagle Ford Shale. In fact, according to Kyle Retzer, lead author of the study and a program coordinator with Center for Disease Control and Prevention’s National Institute for Occupational Safety and Health, 202 oil and gas extraction workers died in motor vehicle accidents while on the job between 2003 and 2009.

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Published on: January 22, 2013

Study Says Obese Are 80% More Likely To Die In A Car Crash

By Carabin Shaw

According to a study of data accumulated by the National Highway Traffic Safety Administration (NHTSA), obese drivers have a higher probability of dying in a car crash than those who are of normal weight. In fact, their chances of death in an accident are 80% higher than those who weigh less.

Transport safety researchers Thomas Rice and Motao Zhu related their findings in an online publication of the Emergency Medicine Journal.

Since one out of every three American adults is considered to be obese, this new study is alarming. Interestingly, the study revealed that obese females were at an even higher risk of being a car crash fatality than their male counterparts.

Time will only tell whether this study will invoke changes by automobile manufacturers to make vehicles safer for obese drivers.

The study that covered a 12 year period from 1996 to 2008, examined 57,500 car crashes. The data included all of the deaths that occurred within 30 days of the accidents.

One finding illustrated the fact that obese vehicle occupants in general had a host of other health problems that reduced the probability of surviving a serious injury. The other finding was that seat belts do not properly interact with the human body when one is obese. Simply put, the lower body of an obese driver continues to go forward in a crash while the upper body is held back. This is because the excess padding and abdominal fat cause a delay in the time it takes to tighten against the pelvis.

Obesity was determined by body mass index (BMI). A BMI of 30 and over is considered to be obese. A BMI of 18.5 is considered to be normal.

Some conclusions reached were:

• A driver with a BMI of 30 to 34.9 was 21% more likely to die in a crash than a driver with a normal BMI.

• A driver with a BMI of 35 to 39.9 was 51% more likely to die in a crash than a driver with a normal BMI.

• A driver with a BMI of 40 or higher was 80% more likely to die in a crash than a driver with a normal BMI.

Another finding in the study was that underweight men were more likely to die in a crash than those with a normal BMI. Underweight men were those with a BMI of less than 18.5.

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Published on: December 21, 2012

West Texas Dust Storm Causes Major Accidents

By Carabin Shaw

The Texas Department of Public Safety (TDPS) reported that a severe dust storm close to Lubbock caused multiple accidents early in the afternoon on Wednesday, December 19, 2012. There were 23 vehicles involved in the chain-reaction pileup injuring some 17 people and killing one.

TDPS Cpl. John Gonzalez said that the visibility was so bad that “you couldn’t see past the hood of your vehicle.” Winds with gusts of 55 miles per hour or so stirred up the sand and dust from dry fields making it impossible to see the stopped vehicles already involved in accidents on the southbound side of I-27. He said that there were a series of collisions that happened simultaneously in “domino fashion”, when drivers’ visibility went to zero.

One man was killed when his SUV rear-ended an 18 wheeler that had been involved in an accident. Some 17 other people were injured in the crashes but none of them were serious or life threatening. The majority of the injured people were taken to the University Medical Center in Lubbock for treatment and then released.

The accidents and the visibility concerns caused the TDPS to close I-27 in either direction for about five miles from Abernathy to New Deal for six hours. Once the interstate was opened to traffic, a TDPS bulletin was released warning of the dangerous driving conditions between Lubbock and Amarillo.

Landowners were being advised to plow their fields so that the loose sand would not blow off so easily during wind storms, after the prolonged drought.

This is the second major interstate pileup in Texas in the last thirty days. The other occurred on Thanksgiving Day just west of Beaumont, Texas. The cause of that massive chain-reaction accident was fog, resulting in near zero visibility at around 9:00 a.m. Some 150 vehicles were involved in that series of accidents that injured more than 100 people and killing two, when their SUV was crushed by an 18 wheeler.

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Published on: December 3, 2012

Thanksgiving Day Pileup: Deadly Evidence of Accidents At Interstate Speeds

By Carabin Shaw

It was about 8:45 a.m. on Thanksgiving morning, the most traveled day of the year, when one of the most horrific accidents in Texas occurred on Interstate 10 outside of Beaumont. The weather conditions were extremely foggy and cars were apparently slowing down due to the lack of visibility. Deborah Leggio, 60, and her husband Vincent, 64, were killed when their Chevrolet Suburban traveling eastbound was struck from the rear and crushed by an 18 wheeler, which ended up on top of their vehicle. Ultimately, some 140 to 150 vehicles were involved in the pileup.

A veteran police officer for more than 25 years, Jefferson County Sheriff Deputy Rod Carroll, 46, heard an emergency call about the multi-vehicle accident and he responded. Even though Deputy Carroll is a paramedic, he was not prepared for what he was about to witness.

When he arrived at the scene, he stated that the area was so foggy that it was impossible to see more than ten feet in any direction. He reported that there were cars on top of cars, 18 wheelers with massive damage, vehicles in the median and on the side of the interstate with damage and personal articles spread along the roadway.

Deputy Carroll related that the collision scene was over a mile long, with twisted metal making it difficult to determine what type of vehicles were involved. The scene was filled with officers and rescuers, including people who had been involved in the massive pileup, trying to pull victims from their vehicles and give them aid. He said “it was like a Third World Scene”, not knowing what to expect as he walked through the wreckage.

Initially, it is believed that the first collision occurred on the eastbound side of the interstate and westbound collisions followed. Every ambulance in the area was busy transporting some 80 t0 90 individuals to local hospitals. There were 10 to 12 victims who were listed as serious to critical.

The westbound lanes of Interstate 10 were closed for approximately five hours and the eastbound lanes were shut down for over eight hours, while the investigation and cleanup continued.

With most highways in the United States now allowing speeds of 70 to 75 miles per hour, Texas has gone to even a different level. A 41 mile toll road from Austin to San Antonio is going to have an 85 mile per hour speed limit. There is an 80 mile per hour speed limit for some highways in West Texas. The problem is that the higher the posted speed limit, the faster people think that they can drive over the limit without being ticketed. People are now testing their radar detectors and driving at speeds ranging from 85 to 100 miles per hour on interstates.

Unfortunately at speeds like this when something goes badly wrong, such as rain, fog, another accident, a blowout or a distracted driver, the result is going to be massive and more lives will be lost.

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Published on: November 15, 2012

Houston Innovation Reduces Fatality Rate In Wrong Way Crashes

By Carabin Shaw

There always seems to be a series of fatalities across the country on New Year’s Eve, caused by someone driving on a freeway traveling in the wrong direction. During 2012, Houston had several wrong way crashes that occurred back to back on I-45 near the Woodlands. In August 2012 alone, Atlanta had five fatalities that were linked to wrong way crashes. Over a five year span, Georgia has had over 100 people killed in similar accidents.

Notwithstanding increased signage to warn drivers that they are going the wrong way and other improved markings, people still get on the freeways headed in the wrong direction. Without a doubt, most of these collisions are caused by drunk drivers.

Following a wrong way triple fatality that happened in Houston, Texas on New Year’s Eve in 2008, the Harris County Toll Road Authority began to search for some way to solve the problem.

Its toll technology company, TransCore, had to start from scratch, since there was no model to follow. Whitt Hall, Vice President of TransCore, said that the company built a system to detect when cars were traveling the wrong way on exit ramps. The system uses speed radars to detect the location of someone entering the freeway on an exit ramp. This sends a warning to the toll authority’s command center, programmed cameras activate at the location and a dispatcher alerts an officer to respond immediately. Simultaneously, message boards are activated to warn drivers in the area of a wrong way driver and to move over and stop.

Assistant Chief Randy Johnson, who is with the Harris County Toll Road Authority, said that “we have told all of our officers not to chase a wrong way driver, but to get yourself in a position to deploy a spike strip.”

Costing $335,000 for an installation in 19 locations, the system is not cheap. However, the results are extremely impressive. Since it was installed four years ago, the 17 mile span has had 100 wrong way drivers without a single accident.

In order to resolve false alarms when it is raining hard or gusty winds blow objects the wrong way the toll authority is going to spend another $500,000 to install sensors in the pavement.

In addition to winning various awards, there has been much interest from Mexico, Columbia and China. The Texas Department of Transportation (TXDOT) has spent $500,000 in San Antonio to utilize the same system by installing radar devices, message boards and flashing signs on the most dangerous freeway stretches.

For Atlanta, the cost to recreate Houston’s system on I-285 would be roughly $3 million. For now, they rely on drivers calling 911 to report a wrong way driver. Unfortunately, the time difference is deadly between a sensor advising of a wrong way driver and getting a 911 call.

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Published on: November 9, 2012

Last Day Without A Fatality On Texas Roads Was 12 Years Ago

By Carabin Shaw

The Texas Department of Transportation (TXDOT), in conjunction with the Texas Department of Public Safety (TDPS), issued a bone chilling statement this week. It has been 12 years since there was a day that went by without a single traffic fatality on our Texas roads. That day was Wednesday, November 7, 2000.

Since then, over the last 4,383 days there have been 41,252 people killed on Texas roadways. That is almost 10 fatalities a day and the total of 41,252 deaths is approximately the population of San Marcos.

According to TXDOT officials, the primary reasons for the fatalities occurring on our 80,000 miles of state roadways were drinking and driving, distracted driving and not wearing seat belts. TXDOT Executive Director, Phil Wilson, said “One fatality on a Texas roadway is one too many, and to see as many as eight or 10 in a single day is unacceptable.”

Statistics reveal that there were 3,048 fatalities in 2011 alone, with the causes listed as follows:

• 28.9% of the fatalities resulted from not wearing seat belts
• 34.9% of the fatalities were due to drinking and driving
• 13.4% of the fatalities were caused by driver distraction (talking on the phone, texting, etc.)

Part of TXDOT’s effort to drive the safe driving message home has been to display the number of fatalities on huge message signs along Texas highways. So far, there have been 2,545 deaths on Texas roadways in 2012. These numbers are updated on a monthly basis.

TXDOT offers these simple rules for saving lives and reducing the number of fatalities on our roadways:

• Buckle Up
• Pay attention
• Put the smart phone away so you won’t talk or text
• Never drink and drive
• Use the left lane only for passing
• Obey all traffic laws
TXDOT and TDPS have asked all citizens to please do their part to keep our Texas roadways safe. Adding to the dangers that already have existed on our roadways is the 85 miles per hour speed limit on portions of our state highways. Many vehicles or not safe going that fast and their drivers are not prepared to react under those conditions. Remember, only you can help save lives.

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Published on: November 5, 2012

Fatal Accidents Increase In Eagle Ford Shale Region

By Carabin Shaw

Since the Eagle Ford Shale exploration started in 2008, the region has experienced huge economic growth. With that growth there has been an influx of workers moving into the area for the oil and gas exploration boom. Along with that came an increase in 18-wheeler rigs hauling heavy equipment and supplies, which the narrow, two lane county roads and state highways simply cannot handle. Under the heavy traffic, the roadways are deteriorating and the numbers of fatal accidents are continuing to rise.

According to the Texas Department of Transportation (TXDOT) and the Texas Department of Public Safety (TDPS), the region has experienced a dramatic increase in fatal accidents. Karnes County, which is in the middle of the exploration area, has seen a whopping 1,440% increase in accidents involving commercial vehicles from 2008 to 2012. McMullen County saw its commercial vehicle accidents shoot up 1,050% and La Salle County had a 418% increase. Frio County had six fatal accidents in 2011, compared to only one in 2010. Most counties have seen fatal accidents rise ten times.

The heavy traffic to which the two lane county and state highways are being exposed is taking its toll. The roadways have been torn up by the massive 80,000 plus pound 18-wheelers, leaving potholes, uneven pavement and deplorable road conditions. A spokesman for the Texas Department of Public Safety, Trooper Richard Standifer, said that the increased numbers in highway deaths was definitely attributable to the situations existing in the Eagle Ford Shale Region.

Combined with the deteriorating roadways, there is concern that other contributing factors are involved in both the number of accidents and fatalities. For example, the drivers of the 18-wheelers are working 16 hour shifts for weeks at a time causing sleep deprivation, anxiety, fatigue, irritability, exhaustion, inability to concentrate, driving too fast and bouts of road rage. The combination of a fatigued driver and a big rig traveling down an uneven road filled with potholes at 65 or 75 miles per hour next to an unprepared driver of a 3,000 pound passenger vehicle is lethal. Any swerve due to inattention, texting, talking on the phone or trying to avoid a pothole can prove to be fatal. Make no mistake about it, when there is an accident between any type of passenger vehicle and an 18-wheeler, the resulting damages and injuries are usually catastrophic and often fatal.

For now, the combination of increased traffic, damaged roadways, fatigued drivers and the constant pressure of deadlines has made travel in the Eagle Ford Shale Region one of the deadliest in the country. While locals are enjoying seeing their local economy boom, they must face the downside as well.

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Published on: July 31, 2012

Manufacturers Recall Thousands of Strollers Over Child Safety Hazards in Texas, Nationwide

By Carabin Shaw

Last week, approximately 223,000 child strollers manufactured by Peg Perego between January 2004 and September 2007 were recalled over an alleged strangulation hazard. The company’s Venezia and Pliko-P3 strollers reportedly place children at risk for becoming trapped between trays affixed to the front of the product when a harness attached to the stroller is not being used. According to Peg Perego, the risk for strangulation is greatest for children under one-year of age. Only those products that include a single cup holder in the tray are being recalled. Strollers that include a bumper bar or more than one cup holder are not included in the recall.

The Peg Perego recall was issued after six-month-old child in California was strangled and a seven-month-old child in New York was nearly strangled. The strollers at issue were manufactured prior to the January 2008 implementation of a new industry standard that requires more space between a stroller tray and seat. According to the company, the voluntary standard was created in an effort to reduce or eliminate strangulation hazards in child strollers. The strollers at issue were sold at several retail stores including Babies R Us and Buy Buy Baby. The recalled Peg Perego strollers can be identified by the fact that the company name and stroller model name are both printed on the side of each stroller.

Kolcraft Enterprises Inc. also recently issued a recall for certain strollers. The recall was issued in response to alleged falling and choking hazards associated with one of the company’s products. Although no injuries were reported, approximately 5,600 Contours Options LT Model Number ZT012 strollers sold between February and July 2012 were recalled after the company learned of potential product defects. According to Kolcraft Enterprises, a child riding in one of the recalled strollers may be subjected to a fall hazard if the front wheel assembly breaks or becomes damaged. Additionally, detached basket assembly nuts may pose a choking hazard to small children. The strollers involved in the recall were sold at a number of child specialty stores, Burlington Coat Factory, and online. The model number and manufacturing date of the Contours Options LT strollers can be found on a label on the leg of each stroller.

It is critical for all parents to be vigilant about the safety of any product designed for use by their child or children. Car seats, bicycle carrier seats, and strollers are frequently not as safe as parents may believe. Additionally, retrofitted safety attachments may not provide your child with enough protection. Parents need to remember that any product can pose a real danger to your child. If your child was hurt, disfigured, or even killed by a stroller or other product designed for children, you should contact a personal injury lawyer as soon as possible.

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Published on: April 13, 2012

Child Bicycle Carrier Seats Recalled Over Finger Amputation Hazard

By Carabin Shaw

Last week, the manufacturer of bicycle carrier seats for children recalled approximately 40,000 products due to a hand laceration and finger amputation danger. Todson Corporation recalled model numbers TCS2100, TCS2101, and TCS2102 of the company’s Topeak Babyseat II product. The company reportedly recalled the child carrier seats after receiving two separate reports of near finger amputations and one report of a crushed finger. The product is allegedly dangerous because a child can reach inside of an opening attached to a grab bar hinge mechanism. When a parent lifts the grab bar in order to remove a child from the carrier, the child’s fingers may be caught and cut, crushed, or even amputated.

The recalled seats are grey with a red lever that locks a blue grab bar into place. The word “Topeak” is embossed into the bicycle carrier seat as well as written on a protective foam pad installed on the grab bar itself. The recalled seats were sold individually and with racks to attach them more easily to a parent’s bicycle frame. The product was sold between January 2009 and April 2012 at REI, Hawley, J&B Imports, and other distributors throughout the country. Todson Corporation has advised individuals who own one of the recalled bicycle child carrier seat to stop using it immediately. The company is also offering consumers free hinge cover retrofit kits.

It is important for all parents to be aware of the safety concerns that can exist with any bicycle child carrier seat. Car seats and bicycle carrier seats are often not as safe as parents may believe and retrofitted attachments may not provide your child with enough protection to ensure his or her safety. Any child safety seat can pose a real danger to your child. If your child has been injured or disfigured by a car or bicycle carrier seat, it is a good idea to speak with a knowledgeable Texas personal injury lawyer as soon as possible after the injury occurs.

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