Texas Injury Lawyers Blog

Published on: June 18, 2012

Recent Study Suggests Random OSHA Inspections Decrease Texas Worker Injuries

A study recently published in the journal Science suggests federal workplace health and safety regulations in the United States save lives without affecting a company’s profit margin. The study examined data from hundreds of California work sites subject to random Occupational Safety and Health Administration (OSHA) inspections over a ten-year period. Although critics of OSHA argue federal safety regulations are too costly, the study found federal inspections not only reduced workplace injury claims, but also failed to have a negative impact on profits or sales. In the four years following an OSHA inspection, workers’ compensation expenses at companies that were randomly inspected were an average of $355,000, or 26 percent, less than those at businesses that were not inspected.

Michael Toffel, co-author of the study and Harvard Business School Professor, stated it was ironic that the same companies who claim OSHA kills jobs are actually reaping a benefit in the form of reduced injuries and workers’ compensation costs from the inspections. He also said if OSHA inspections throughout the nation created a similar benefit, businesses in the U.S. are gaining about $6 billion in added value from the federal safety program. Toffel believes that number may actually be low as it does not take into account other savings from expenses such as loss of production costs following an accident.

According to Marc Freedman, Executive Director for the Labor Law Policy at the U.S. Chamber of Commerce, OSHA inspections are not problematic for most businesses. Instead, he stated the way in which inspections are conducted and the dynamic between a company owner and OSHA inspectors is the issue. Freedman believes inspections under the current administration are conducted in such a way as to increase penalties. Others disagree, stating OSHA inspections are conducted by law enforcement officials who are bound to note each and every workplace safety violation regardless of political pressure from the White House.

The maximum penalty OSHA may assess for each serious safety violation, when an employer knew or should have known a safety violation would likely result in a worker’s death or serious physical injury, is $7,000. In general, penalties are assessed at an average rate of $1,000 per serious violation. OSHA officials also reportedly take into consideration a company’s safety record and other factors when determining financial penalties. Based upon his research, Toffel believes safety tends to increase following random OSHA inspections because inspectors discuss the problems and potential solutions with companies. Instead of focusing on the violations, Toffel said managers become eager to create solutions that will increase worker safety.

The Occupational Safety and Health Act of 1970 created OSHA to decrease worker injuries and fatalities. Under the Act, employers must comply with certain safety-related requirements such as providing workers with training, information about safety hazards, and copies of safety test results. Employers must also provide a workplace that is reasonably free of safety hazards. When a serious workplace accident occurs, OSHA will normally investigate whether an employer complied with established safety standards at the work site.

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Published on: June 12, 2012

Study Claims Increased Organ Donations in Texas and Five Other States Following Repeal of Motorcycle Helmet Laws

By Carabin Shaw

A recent study at Michigan State University found states that repealed mandatory motorcycle helmet laws saw not only an increase in motorcycle accident fatalities, but also an increase in organ donations. This was especially true among adult males who are reportedly more likely to ride a motorcycle than their female counterparts. The study found organ donations following traffic accidents increased by about 10 percent in the first years following a helmet law repeal in Texas and five other states.

Motorcyclists who ride without a helmet are generally young, healthy, and at an increased risk of sudden brain trauma. For example, organ donations in Florida increased by about 33 percent following a repeal of the state’s helmet law in 2000. 89 percent of the growth was adult males between the ages of 18 and 49. According to the National Highway Traffic Safety Administration, the number of cyclists who were fatally injured in a crash doubled between 2000 and 2003, just as overall helmet use plummeted.

Many believe motorcycle riders who do not wear a helmet increase their chances of suffering a catastrophic brain injury. In Florida, both organ donations and motorcycle fatalities fell between 2008 and 2010. This decline was allegedly in response to increased helmet use education and training. According to Brian Carpenter, the President of the South Florida Riders Club, although a motorcyclist is likely to die in any high speed accident, wearing a helmet can mean the difference between life and death when traveling at a lower rate of speed. Carpenter, a proponent for state helmet laws, said the group’s motto is “All gear, all the time.”

Still, others believe the issue is one of freedom. According to James Reichenbach, President of ABATE of Florida, most motorcycle fatalities are the result of inattentive and careless motorists. Reichenbach believes helmets impair a motorcyclist’s ability to see, hear, and respond to threats on the roads.

As traffic on Texas roadways increases, motorcyclists must be proactive in order to protect themselves from injury. By adhering to some basic motorcycle safety tips, you may be able to reduce the possibility of being involved in a catastrophic injury accident. The most fundamental safety tip a motorcyclist can follow is to wear appropriate protective gear while riding. A sturdy jacket, pants, boots, and gloves may reduce your risk of cuts, abrasions, and “road rash.” Additionally, wearing a helmet may save you from a catastrophic brain injury or wrongful death.

If you were injured in a motorcycle accident, you may be eligible to receive financial compensation for your medical expenses, pain, suffering, any resulting disability, loss of income, and other damages. If your loved one was killed by another driver while riding a motorcycle, you may be able to recover for their wrongful death. A knowledgeable Texas personal injury lawyer can answer your questions.

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Published on: June 5, 2012

Federal Motor Carrier Safety Administration Shuts Down 26 Bus Companies Over Safety Violations

By Carabin Shaw

Last week, the Federal Motor Carrier Safety Administrationshut down 26 commercial curbside bus operations in six states due to purported safety hazards. Although the agency’s officials halter operations in Georgia, Indiana, Maryland, New York, North Carolina, and Pennsylvania, many of the 233 affected routes transported passengers along Interstate 95 between New York’s Chinatown district and Florida. The closure was the largest federal intervention in the industry.

The curbside bus industry has reportedly grown quickly over the past decade. Curbside bus companies utilize online ticket sales and do not operate out of terminals. Once a passenger has purchased a ticket, they are then picked up on a designated street corner. Curbside bus fares tend to be cheaper than other motor coach carriers due to fewer overhead costs and lower driver wages. According to federal investigators, curbside bus companies are involved in fatal accidents seven times more often than other commercial motor coach operators.

The closures followed a 12-month Safety Administration investigation of three curbside bus companies. All of the operations closed by the agency were part of a network operated by Apex Bus Inc., I-95 Coach Inc., or New Century Travel Inc. Only nine of the companies closed by federal authorities were actively in service. An additional 13 companies were operating without permission to transport passengers. 10 company employees, managers, and owners were also forbidden from engaging in any further passenger transportation operations. The order was reportedly issued to keep closed bus operators from simply beginning another curbside bus operation under a new name.

United States Transportation Secretary Ray LaHood stated the bus companies were closed in order to save lives on the nation’s roadways. He said the companies were bad actors that put passengers and motorists at risk. Secretary LaHood also advised Congress to pass legislation that would stop shuttered bus carriers from later reopening and allow the Safety Administration to regulate bus ticket sellers and brokers who don’t physically transport passengers. Dan Ronan, a spokesperson for the American Bus Association, applauded the federally mandated shutdowns.

According to federal investigators, each of the 26 carriers employed drivers who did not have a valid commercial driver’s license, failed to administer required driver alcohol and drug tests, and operated despite multiple safety regulation violations. The motor coaches used by the companies were allegedly not regularly inspected for safety hazards or repaired when necessary. Additionally, bus drivers reportedly failed to adhere to federal rest requirements.

The curbside bus investigation began in response to several fatal curbside bus accidents last year. In the United States, an estimated 700 million people travel via motor coach annually. According to the Advocates for Highway and Auto Safety, 24 commercial bus crashes resulted in 34 deaths and 467 injuries in the U.S. in 2011. If you were involved in an unfortunate bus accident in Texas, it is a good idea to contact a skilled personal injury attorney to help you protect your rights.

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Published on: May 23, 2012

The Number of Red Light Cameras in Texas has Increased During the Last Decade

By Carabin Shaw

The number of red light cameras installed at intersections in Texas and throughout the nation has exploded in recent years. In 2000, only 25 U.S. cities used red light camera technology. Currently, more than 500 cities in approximately half of all states have begun using the equipment. Red light cameras are mounted on poles at intersections and operate using sensors embedded in the roadway. The sensors take photos of automobiles that cross into an intersection against a green light. In some cities such as Seattle, Baltimore, and New York, speed cameras also monitor motorists as they navigate the streets.

Although many claim the cameras increase safety by cutting down on traffic accidents, scientific research tends to refute such claims. In a seven-year study of 28 intersections, the Virginia Transportation Research Council found the accident rate increased by 12 percent at Northern Virginia intersections following implementation of red light camera technology. Although the number of crashes that resulted from red light running decreased at the intersections, rear-end collisions reportedly increased by 27 percent. Considering that four times more accidents resulted from rear-end crashes than red light running at the intersections, the Council found that the overall number of crashes actually increased. Additionally, the study found half of the cities examined experienced an increase in injuries following red light camera implementation. Council researchers concluded there was no definitive safety benefit associated with the installation of red light cameras.

This year, the University of South Florida published research that found cities with red light cameras have 25 percent more traffic deaths related to red light running than cities without the technology. The Journal of the Institute of Transport Engineers recently published research from seven states that found rear-end crashes increased at intersections where red light camera technology was installed. Additionally, a 2005 investigative report by the Washington Post found red light cameras doubled the accident rate and increased injuries by 81 percent at 30 intersections in the District of Columbia.

Critics of the technology believe red light cameras are being installed at an increasing pace because they generate much needed funding for many cash strapped municipalities. Despite that most red light cameras are operated by a vendor, cities still make a large profit off of the cameras. For example, municipalities across the State of Texas brought in approximately $100 million in red light camera revenue in 2011. In fact, the City of Dallas was recently accused of making yellow lights at red light camera intersections shorter than established Texas Department of Transportation requirements in an effort to increase ticket revenue.

Automobile accidents caused by red light running or other negligent driver behavior can result in tragic injuries to you and your family. If you were hurt in an accident caused by another person, you may be entitled to compensation for medical expenses, disability, lost wages, suffering, pain, and other damages. If you lost a relative in a tragic car accident, you may also be eligible to file a Texas wrongful death claim. Although no amount of money can bring back your loved one, it is a good idea to contact a hardworking Texas personal injury attorney following any accidental death.

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Published on: May 22, 2012

MADD Issues Safe Driving Tips for Memorial Day Weekend in Texas, Nationwide

By Carabin Shaw

This week, Mothers Against Drunk Driving (MADD) issued a list of safe driving tips as part of the organization’s Campaign to Eliminate Drunk Driving for the upcoming holiday weekend. Although the long Memorial Day Weekend was established to honor the nation’s military heroes, it is also a time when more intoxicated drivers are normally on the streets. According to MADD, 158 people died in alcohol-related crashes across the United States over Memorial Day Weekend in 2010, the most recent year for which statistics are available.

Although police across the country will be stepping up their efforts to enforce drunk driving laws, drivers may also be able to protect themselves and their loved ones by following some additional guidelines. MADD encourages everyone who plans on consuming alcohol this weekend to ensure a plan is in place for a sober ride home. That plan may include arranging for a designated driver or simply calling a cab. Additionally, everyone traveling in a vehicle should always wear a seat belt. MADD also suggests drivers refrain from making telephone calls or texting behind the wheel as such behavior can be distracting. Following all posted speed limits and simply paying extra attention to other vehicles on the road may also help improve safety. Finally, MADD encourages all drivers to avoid any vehicle that is being operated in an erratic manner.

Car wrecks are one of the leading causes of serious injury in the United States each year. Alcohol use and abuse causes a staggering number of automobile accidents in Texas every day. Unfortunately, collisions that involve allegedly intoxicated drivers often result in death or serious physical harm. Oftentimes, an inebriated driver will carry inadequate liability insurance coverage. In limited circumstances, an individual who is hurt by or lost a family member to a drunk driver may be able to sue a bar or restaurant where the intoxicated driver was served alcohol. This is called a dram shop case. If you were injured by an allegedly intoxicated driver, you may be eligible to receive compensation for medical expenses, pain, suffering, lost wages, disability, and other damages. An experienced San Antonio personal injury lawyer can explain your rights and your options for recovery.

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Published on: May 16, 2012

Applying for Social Security Disability Benefits in Texas

By Carabin Shaw

Federal Social Security Disability Insurance (SSDI) offers financial support to disabled Americans who are expected to be unable to work for at least one year. SSDI beneficiaries are also entitled to receive federally funded health care benefits like Medicare or Medicaid. In order to collect SSDI benefits, an individual must have worked at some point in their lifetime. Unfortunately, applying for SSDI benefits can be difficult for many Americans.

Roberta Roque, an Advocate Supervisor at Disability Rights Texas, believes the SSDI application process is often tough for many citizens. She said confusion can result in multiple applications, an increased number of appeals, and ultimately, a delay in benefit approval for disabled Americans. She also stated regulations and policies are written in a way that often confuses applicants.

According to Charlie Brittian, a Project Manager at the Social Security regional office in Dallas, many disabled Americans believe all initial SSDI applications are denied. Meanwhile, Roque said applicants with mental health issues often feel their SSDI applications are denied because their disabilities are not physically apparent. Brittain, however, believes most SSDI benefit denials are the result of incomplete medical files because the nation’s Social Security Administration (SSA) does not actually make disability determinations. Instead, state Disability Determination Services offices receive medical records and make disability decisions. Unfortunately, state agency employees never meet SSDI applicants and if records requests are not fulfilled after a certain amount of time, an application is eventually denied. Brittain recommends applicants contact medical providers in order to ensure medical documentation for any disability is submitted in a timely manner. In extremely limited instances, the SSA will also incur the costs of a medical examination.

An SSDI applicant has 60 days to file an appeal following any denial. If an appeal is not timely filed, the application process must begin anew. Instead of appealing a denial, however, many applicants simply apply again. Each time the process is begun, it takes at least three months for an application decision. If an applicant files an appeal and it is denied, however, the applicant may request a hearing. A hearing generally occurs about six months after the denial of any SSDI appeal in the State of Texas. Overall, the entire process can easily take one year from start to finish. Regrettably, many disabled applicants simply become frustrated and give up.

Many Americans believe social security benefits are only available to those who have reached retirement. SSDI was established to provide monetary assistance to injured or disabled Americans who are unable to work for at least 12 months. If you have a mental or physical disability that has left you unable to work, you are urged to discuss your condition with an experienced Texas social security disability lawyer today.

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Published on: May 8, 2012

NHTSA Proposal Would Require 18 Wheelers to Install Stability Control Systems

By Carabin Shaw

A National Highway Traffic Safety Administration (NHTSA) proposal that states semi-trucks should be required to have a stability control system installed has entered the last step of the publication review process. The proposal, which has already been approved by the Office of Management and Budget, may lead to a federal mandate regarding use of the technology. Currently, about one quarter of all new semi-trucks have stability control technology installed. Nationwide, many carriers who transport goods using semis have already installed stability controls in their fleet. Additionally, the technology is widely used among carriers that utilize tank trucks.

According to the NHTSA, stability control technology should be installed in semi tractors in order to increase safety. Crashes that occur after 18 wheeler drivers lose control or roll their vehicles kill approximately 300 people each year. More than 2,700 injuries also result from such accidents. The agency stated adoption of the technology will likely prevent about 1,000 injuries and 66 deaths each year.

The Engineering Director at the American Trucking Association, Ted Scott, said the organization would likely support the NHTSA’s proposal. The Owner-Operator Independent Drivers Association, however, stated it will likely oppose the measure. According to a spokesperson, such a mandate would prove to be cost prohibitive for many semi drivers who act as owner operators.

Although the exact details of the NHTSA’s proposal are not currently available, it will most likely focus on semi tractors. The proposal in not expected to cover trailers or require trucks that are currently in use to be retrofitted. If required to install stability control technology in fleet trucks, the expected cost to U.S. trucking carriers is estimated at about $107 million annually. The NHTSA believes the technology would save more than three times that amount in property damage and other related accident costs.

Unfortunately, when a semi collides with a passenger vehicle, the resulting injures are rarely minor and are likely to be catastrophic or fatal. If you or a loved one was hurt or your family member was killed in a collision with an 18 wheeler, you may be entitled to compensation for your injuries or loss. Those hurt in an accident with a semi may receive remuneration for the cost of medical care, pain, suffering, lost wages, and other damages. In certain instances, you may also be eligible to receive punitive damages. If you were hurt in an accident with an 18 wheeler, contact a skilled Texas semi truck accident lawyer today to discuss your case.

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Published on: April 28, 2012

U.S. Transportation Secretary Calls for Federal Cell Phone Ban

By Carabin Shaw

United States Transportation Secretary Ray LaHood recently told doctors, government officials, and others that he believes the nation should impose a federal ban on driving a motor vehicle while talking on a cellular telephone or texting. Listeners attending a recent driving while distracted summit in San Antonio were also told the practice has reached epidemic proportions. According to Hood, a federal ban that would allow police officers to ticket drivers who are caught using cellular telephones behind the wheel is the only effective way to deal with the widespread problem. Although the Transportation Secretary has criticized drivers who talk on telephones in the past, this was the first time he called for federal legislation to ban the practice.

According to the National Highway Traffic Safety Administration (NHTSA), approximately 3,000 deadly traffic accidents occurred in the United States in 2011 as a result of drivers who were distracted by cell phones. Drivers using cellular telephones also reportedly exhibit delayed reaction times. The NHTSA stated talking on a telephone while driving may lower a driver’s reaction time to the equivalent of a blood alcohol level of .08, the legal limit in Texas.

The National Motorists Association President, Gary Biller, believes a federal law against cell phone use is unnecessary. According to Biller, such behavior is already addressed by existing state prohibitions against distracted driving. He said a driver may be distracted by a companion, tuning the radio, eating, or any number of other behaviors which regularly take place in a car. Biller believes more resources should be allocated to public service campaigns against all forms of distracted driving instead of lobbying for a new federal law against one specific behavior.

LaHood disagreed with Biller’s concerns about other forms of distracted driving by stating not everyone performs such activities in a motor vehicle. LaHood stated everyone has a mobile telephone and mistakenly believes it is acceptable to use it while operating an automobile. The Transportation Secretary also said the nation’s attitude about the use of cellular phones behind the wheel is too nonchalant and the behavior should be treated more similarly to driving while intoxicated. Currently, thirty-eight states prohibit or restrict the use of cellular telephones and other electronic devices while operating a motor vehicle.

Unexpected automobile accidents occur every day in Texas. If you or a loved one was hurt by a distracted driver, you are advised to contact an experienced San Antonio auto accident attorney to discuss your case.

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Published on: April 24, 2012

New Treatment, Diagnostic Tools for Mesothelioma Patients May be on the Horizon

By Carabin Shaw

Mesothelioma is a rare form of lung cancer that is often caused by exposure to products that contain asbestos. According to the World Health Organization, about 100,000 people across the globe die from mesothelioma each year. In the United States, approximately 10,000 deaths occur annually as a result of the disease. Due to the usually lengthy time period between onset and diagnosis, most mesothelioma patients are only left with between six and 18 months of life once the disease is finally detected. Currently, testing for mesothelioma normally requires an invasive tissue biopsy.

New research has revealed information that may make the diagnosis and treatment of mesothelioma more successful. Researchers in Australia believe they have isolated blood markers that could make diagnosis of mesothelioma easier. According to the Asbestos Disease Research Institute, a microRNA molecule appears to be up to four times more common in patients with mesothelioma than in those without the disease. The new finding may potentially lead scientists to a quicker and more effective mesothelioma diagnostic tool in the future.

Additionally, researchers from the University of California-San Diego believe a non-small cell lung cancer vaccine in the works may also assist with mesothelioma treatment. Scientists from the Moores Cancer Center are successfully improving survival rates for up to 50 percent of difficult to treat lung cancer patients through clinical trials. According to researchers, the non-small cell lung cancer vaccine often boosts a patient’s immune response and even kills some cancer cells. A similar method may be used in the future to treat mesothelioma patients.

Many manufacturers of asbestos products ignored the deadly potential health hazards associated with the substance for decades. If you or a family member developed mesothelioma as a result of asbestos exposure, you may be eligible to receive monetary compensation from the companies that exposed you. A mesothelioma victim must file his or her damages claim within the time constraints of the statute of limitations, be able to demonstrate asbestos exposure, and locate viable companies that caused the exposure. Contact a qualified Texas mesothelioma lawyer to discuss how to go about filing your mesothelioma claim.

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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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