Texas Injury Lawyers Blog

Published on: November 15, 2012

Houston Innovation Reduces Fatality Rate In Wrong Way Crashes

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: October 25, 2012

FDA Investigating Post-Operative Safety of Codeine in Texas Children

By Carabin Shaw

The United States Food and Drug Administration recently announced it was investigating whether codeine was safe for post-surgery use in children. The investigation began after the agency was notified of at least three deaths and one life-threatening adverse event in children between the ages of two and five who were allegedly given the drug following a tonsillectomy. Although each child reportedly received a medically acceptable dose of codeine prior to their reaction, doctors believe all of the children may have developed toxic drug levels due to a specific genetic trait.

According to Dr. Joseph R. Tobin, Professor and Chairman of Anesthesiology at Wake Forest University School of Medicine, codeine requires additional processing by the liver before it begins to work in the body. Codeine is reportedly transformed into morphine by liver enzymes in the patient. In about one-third of the population, codeine allegedly takes so long to metabolize it has little or no effect on pain. In others, codeine may metabolize very quickly and lead to toxic drug levels that can ultimately kill a patient. Dr. Tobin stated this is especially true in children who have anesthesia remaining in their system following surgery. When this occurs, a child may stop breathing without warning.

Most people are unaware of how quickly their bodies will metabolize codeine and there is no way to alter the metabolizing process. Still, the use of narcotics following surgery is reportedly risky in patients who are prone to respiratory depression. Dr. Peter Pronovost, a Professor at Johns Hopkins Medical Institution, stated underlying diseases such as sleep apnea and existing airway obstructions may have been a factor in the children’s deaths. He also said consumers should be aware that all pharmaceuticals can carry risks.

Many physicians reportedly believe codeine should not be used to manage post-operative pain. Safer and more effective drug alternatives reportedly include prescription drugs hydrocodone and oxycodone, as well as over-the-counter pain medications such as acetaminophen and ibuprofen. According to Dr. Alan Greene, Clinical Professor of Pediatrics at Stanford University School of Medicine, there is no demonstrated benefit to administering acetaminophen with codeine in lieu of simply administering acetaminophen to children following surgery.

Potential lawsuits are being evaluated throughout the United States for health risks that may be associated with the post-surgery use of codeine in children. If your child stopped breathing after being given codeine by a health care provider, you should contact an experienced personal injury lawyer to discuss your right to recovery.

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Published on: October 22, 2012

Social Security Administration Announces 1.7 Percent Cost-of-Living Increase for Disabled Americans in Texas and Throughout Nation

By Carabin Shaw

The United States Social Security Administration (SSA) has announced it will implement a 1.7 percent cost-of-living increase in 2013. The Agency stated the payment boost will result in an increase in the average monthly retirement benefit of $21 and the average monthly disability benefit of $19. This means disabled Americans will receive an average of $1,132 per month beginning next year. Additionally, the monthly benefit payment for Supplemental Security Income (SSI) recipients will increase by $12 to $710.

The benefit increase will reportedly affect several other aspects of the Social Security Disability Insurance (SSDI) and SSI programs in 2013. The substantial gainful activity cap for both SSDI and SSI beneficiaries will increase by $30 per month for individuals who are not blind and $50 per month for those who are blind. This means disabled Americans can earn more through part-time work before their monthly benefit check is impacted. Meanwhile, the trial work period, or amount of compensation a disabled individual may earn in any nine month period prior to losing his or her disabled status, for SSDI recipients will increase by $30 per month. In 2013, the SSI student exclusion monthly limit will also increase by $30 and the annual limit will increase by $120.

The federal SSI program was added to the nation’s Social Security program in 1972 in order to provide additional income to blind, disabled, and aged Americans based on financial need. To qualify for SSI, an individual may not have more than $2,000 in assets, and a couple may not have more than $3,000 in assets. In addition to financial compensation, disabled individuals who receive benefits pursuant to the SSI program may receive job counseling and training at no cost.

The SSDI program offers financial support to injured or disabled Americans who are unable to work for at least one year. In addition, SSDI beneficiaries are entitled to receive federal health care benefits like Medicare or Medicaid. Before a disabled individual may collect SSDI benefits, however, he or she must have earned wages at some point. Unfortunately, applying for SSDI benefits can be both frustrating and time consuming. If you have a physical or mental disability that has left you unable to work, you should discuss your situation with an experienced Texas social security disability lawyer today.

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Published on: October 21, 2012

23 Banana Boat Spray-On Sunscreen Products Recalled Over Fire Risks in Texas, Nationwide

By Carabin Shaw

The makers of Banana Boat sunscreen recently issued a voluntary recall of approximately 500,000 bottles of continuous spray-on canisters after at least five individuals allegedly caught fire while using the products. According to reports, Banana Boat UltraMist Sport, UltraMist Ultra Defense, and UltraMist Kids SPF 30 and SPF 50 may ignite if a consumer nears an open flame or other spark before the product fully dries. In response to safety concerns, the maker of Banana Boat products, Energizer Holdings Company, reportedly removed a total of 23 products from store shelves on October 19th. Additionally, the company urged anyone who has purchased the recalled products to immediately stop using them. The current recall does not apply to Banana Boat lotions which apparently contain fewer chemicals that may ignite when exposed to an open flame.

All five of the alleged consumer burn injuries occurred within the last year. Four Americans and one Canadian were reportedly injured as a result of using Banana Boat spray-on products. Following an internal investigation, Energizer Holdings purportedly discovered the company’s spray-on sunscreen applicator was delivering more sunscreen than the industry standard. As a result, the sunscreen allegedly became more likely to ignite because it took longer to dry. Banana Boat has reportedly sold in excess of 20 million spray-on sunscreen bottles since the company introduced the UltraMist line of products in 2010. The makers of Banana Boat stated the company expects to reintroduce modified spray-on sunscreen products again in the future.

According to Dan Dillard, the Executive Director at the Burn Prevention Network, the organization received two burn reports related to spray-on sunscreen products earlier this year. One man allegedly received second and third degree burns when he ignited while standing near a barbeque grill after applying a Banana Boat spray-on product. The other involved a woman who also received second and third degree burns when she reportedly ignited after using the products while working with welding equipment. Dillard stated the organization received no reports of sunscreen-related burn injuries prior to 2012.

Anyone who was injured by a Banana Boat spray-on sunscreen product is urged to file a MedWatch report with the nation’s Food and Drug Administration. Potential lawsuits against Banana Boat and other spray-on sunscreen manufacturers are currently being evaluated throughout the nation. If you or a family member was hurt after using a dangerous or defective product, it is a good idea to contact an experienced personal injury lawyer as soon as you are able.

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Published on: October 14, 2012

Steroid Shots Linked to Deadly Fungal Meningitis Outbreak in Texas and Throughout Nation

By Carabin Shaw

According to the nation’s Centers for Disease Control and Prevention (CDC), nearly 200 people in at least 13 states including Texas have contracted fungal meningitis likely as a result of receiving tainted steroid injections in their neck or spine. The rare outbreak has claimed at least 15 lives. CDC investigators have purportedly linked a preservative-free steroid called methylprednisolone created at the New England Compounding Center (NECC) to the fungal meningitis outbreak. Prior to the outbreak, methylprednisolone manufactured at NECC was reportedly shipped to at least 75 medical facilities in 23 states. All drugs created at the Massachusetts company, including three lots of the allegedly tainted steroid, were recently recalled. NECC and its sister company, Ameridose, have allegedly stopped all manufacturing operations.

According to the CDC, two different types of mold have been detected in fungal meningitis patients who were administered shots created at NECC’s compounding facility. Because both molds normally grow slowly and initial fungal meningitis symptoms may be subtle, the CDC stated more cases are likely to be diagnosed in the near future. Symptoms may include a headache, neck stiffness, fever, nausea, and an increased sensitivity to light.

Meningitis causes the membrane that surrounds a victim’s brain and spinal column to swell. Unlike other types of meningitis, the fungal form is not contagious and must be directly introduced into a patient’s central nervous system through a shot or other means. Although the incubation period can vary, fungal meningitis symptoms will generally begin to appear anywhere between one and four weeks after a patient is exposed to the fungus. Once diagnosed, a fungal meningitis patient must be treated with antifungal drugs for several weeks.

Compounding facilities are normally used to create drugs based on an individual patient’s needs. Often, the facilities will adjust the dosage or physical form of a drug before it is administered. Such facilities are also allegedly used to obtain drugs that are not commercially available or are hired to provide pharmaceutical products for medical facilities that seek to cut drug costs. Although the United States Food and Drug Administration (FDA) is tasked with regulating drug manufacturers, the agency’s role in compounding facility oversight is reportedly less clear. Still, the FDA issued a warning letter to NECC in December 2006.

At least 14,000 people across the country are believed to have received possibly tainted steroid injections. Potential fungal meningitis lawsuits are currently being evaluated throughout the nation. If you or a loved one contracted fungal meningitis after receiving a steroid injection, you should contact an experienced personal injury attorney.

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Published on: September 26, 2012

Group Claims Oil and Gas Wells in Texas Are Not Properly Inspected and Violations are Often Ignored

By Carabin Shaw

According to a report published by environmental watch group Earthworks, state regulators across the nation are placing Americans at risk by failing to properly inspect oil and gas wells. The report, titled Breaking All the Rules, examined regulatory data collected in six states: Colorado, New Mexico, New York, Ohio, Pennsylvania, and Texas.

The Earthworks research report claims most states do not have the resources or equipment necessary to adequately inspect every active oil and gas well within the state on a regular basis. For example, Pennsylvania guidelines suggest each active oil and gas well should be inspected five times per year. Instead, 91 percent of active wells were not inspected in 2010. According to the report, that means about 82,000 oil and gas wells in Pennsylvania were not examined by state regulators that year. In Colorado, 15 state inspectors were reportedly tasked with inspecting more than 16,000 wells in 2010. In New Mexico, 12 inspectors allegedly conducted a total of 20,780 reviews during the same year.

The report states oil and gas well safety violations are also poorly tracked. In both New Mexico and Colorado, comprehensive violation information is not available to the public. Instead, data is reportedly maintained on a well-by-well basis. Additionally, inspectors are reportedly free to determine whether an unsatisfactory well merits a violation. The group contends that companies who fail to adhere to health, safety, and environmental rules are rarely punished.

In the State of Texas, inspectors purportedly conducted more than 118,000 inspections and noted almost 56,000 violations in fiscal year 2012. Still, Earthworks maintains that action against oil and gas well operators is frequently deferred and financial penalties are often small. Patrick Creighton, a spokesperson for the Marcellus Shale Coalition, an oil and gas production company consortium, called the Earthworks report into question. According to Creighton, the report is false and contrary to publicly available facts. He alleged Earthworks published the report in an effort to spread fear about the safety of the oil and gas industry.

Oil and gas workers are placed at risk whenever an oil company fails to adhere to proper safety regulations. Oil and well drilling accidents can be extremely complicated and the process for obtaining damages for any resulting injuries is often tough to navigate. If you or a family member was hurt as a result of an oil and gas company’s negligence, you should speak with a skilled oil and gas accident attorney as soon as possible.

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Published on: September 19, 2012

FMCSA Implements Hand-Held Cell Phone Ban in Texas, Throughout Nation

By Carabin Shaw

Earlier this year, the nation’s Federal Motor Carrier Safety Administration (FMCSA) implemented a hand-held mobile telephone ban for commercial vehicle operators. The federal regulation also applies to the driver of any vehicle that transports hazardous materials and requires a placard. According to the FMCSA, reaching for or using a hand-held device distracts drivers and significantly increases the likelihood of a crash.

The new rule took effect on January 3rd and states that truck drivers must pull over to the side of the road when using hand-held cellular telephones. It was reportedly implemented in an effort to increase safety and reduce the number of deadly crashes involving commercial motor vehicles. Under the rule, motor carriers are also prohibited from requiring or allowing drivers to use hand-held cellular telephones. A semi or other commercial vehicle driver who is caught violating the regulation will incur stiff penalties and sanctions.

In response to the new regulation, Wiseway Transportation Services, a Wisconsin-based furniture shipment company, has issued a smartphone to each of its drivers. The thin, Android-based phones replaced the more rugged push-to-talk telephones the drivers previously carried. Wiseway’s Director of Information Technology, Steven McKenna, stated the phones were purchased in an effort to ensure company drivers do not run afoul of the new safety law. The mobile phones now provided to Wiseway drivers offer a speakerphone and may be activated entirely by a driver’s voice. By using a completely hands-free device, McKenna hopes company drivers can stay on schedule without risking their commercial vehicle licenses, as well as the safety of themselves and others.

McKenna stated despite that the corporate-issued telephones are so-called smartphones, Wiseway opted to lockdown the software that could be used on each device. Only business appropriate email and other applications will be installed on the mobile phones in order to keep drivers on task. According to McKenna, the GPS feature in each phone also allows Wiseway to track a driver’s location and determine their general speed. He reportedly believes such capabilities will increase overall driver safety.

When a bus, semi, or other commercial vehicle collides with a car, the resulting damage can be catastrophic or fatal. If you were injured or a loved one was killed in an accident with a commercial vehicle, you may be eligible to receive financial compensation for your medical expenses, suffering, pain, lost wages, lost benefits, any resulting disability, and a host of other damages. In some situations, the victim of an accident with a commercial vehicle may also be awarded punitive damages. In the United States, the trucking industry is massive. You should not be required to stand up against them alone. If you were hurt in an accident with a tractor trailer or other commercial vehicle, you should contact a capable Texas truck accident lawyer as soon as possible.

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Published on: September 16, 2012

Melons Recalled Over Possible Listeria Contamination in Texas, Nationwide

By Carabin Shaw

Last month, Burch Farms in North Carolina issued a recall of nearly 14,000 cases of cantaloupes due to possible Listeria monocytogenes contamination. Initially, only 580 cases of cantaloupe were recalled. According to the nation’s Food and Drug Administration (FDA), the larger recall was issued following an Agency inspection that noted unsanitary conditions in the company’s melon packing area.

The recall was later expanded to include all cantaloupes and honeydew melons grown or distributed by Burch Farms during the 2012 season after the FDA found evidence of the bacteria that causes Listeriosis on honeydew melons sold by the company. The recalled melons were reportedly shipped to Florida, Georgia, Illinois, Kentucky, Maine, Maryland, Massachusetts, Michigan, New Hampshire, New Jersey, New York, North Carolina, Ohio, Pennsylvania, South Carolina, Vermont, Virginia, and West Virginia.

Exposure to Listeria monocytogenes may potentially cause serious and sometimes fatal infections. People who are most vulnerable to getting sick from Listeriosis include pregnant women, young children, the elderly, and anyone who suffers from a weakened immune system. Symptoms of infection include fever, diarrhea, nausea, and vomiting. Although no illnesses associated with the Burch Farms recall have been reported, it can take several weeks before Listeriosis symptoms become apparent.

Last year, a Listeriosis outbreak that was traced to allegedly unsanitary conditions at a Colorado farm sickened 147 individuals in at least 28 states. According to the Centers for Disease Control, 33 victims died as a result of eating cantaloupes grown or processed by Jensen Farms. Additionally, one pregnant woman allegedly miscarried as a result of contracting Listeriosis from consuming contaminated cantaloupe. The contaminated cantaloupe sold by Jensen Farms reportedly caused the worst food-borne illness outbreak in the United States in approximately 100 years. The company is currently facing numerous lawsuits over the Listeriosis outbreak.

Potential food-borne illness lawsuits are currently being evaluated throughout the United States. If you suffered a serious illness such as Listeriosis, or your loved one died as a result of eating contaminated food, you are advised to contact an experienced personal injury lawyer to discuss your legal right to recover damages.

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