Juneau, Boll & Ward, PLLC
 SPRING 2007 ISSUE
   WE APPRECIATE YOU!
 MOTORCYCLE RIDING: KEEP THE    THRILLS, AVOID THE SPILLS
 CYCLE ACCIDENT CHECKLIST
 INJURED WORKERS' RIGHTS
 DANGEROUS DRUGS: TRASYLOL
 SAFETY WITH ELECTRICITY
 CASE BY CASE
 FALL 2006 ISSUE
 SUMMER 2006 ISSUE
 SPRING 2006 ISSUE
 FALL 2005 ISSUE
 SUMMER 2005 ISSUE
 SPRING 2005 ISSUE
 WINTER 2004/2005 ISSUE
 FALL 2004 ISSUE
 SUMMER 2004 ISSUE
 SPRING 2004 ISSUE
 WINTER 2003/2004 ISSUE
 FALL 2003 ISSUE
 SUMMER 2003 ISSUE
 SPRING 2003 ISSUE
 WINTER 2002 ISSUE
 
Google

WWW
Juneau, Boll & Ward, PLLC
  Law Alerts

TEXAS LAW ALERT -- SPRING 2007 ISSUE
PERSONAL INJURY QUESTIONS AND ANSWERS
-----------------------------------------------------------------------------------------------------------

Q: What is a personal injury (PI) claim?
A: Any kind of legal claim against someone for causing physical or mental injury to someone else is a PI claim. PI claims are commonly caused by automobile collisions, slip and falls, defective products, or medical malpractice.

Q: What compensation can I receive if I have a PI claim?
A: Although it depends on the facts, if you have been injured, you can usually recover for your medical bills, lost wages, pain and suffering, mental anguish, property damage, and any permanent injury you have suffered. In some cases, other people (such as your spouse or family) may also be entitled to recover.

Q: When is another person liable for my injuries?
A: Again, the answer depends on the facts, but most commonly another person is liable if your injuries are the foreseeable result of that person’s negligence, which generally means carelessness toward you. In a few cases, another person can be liable for your injuries even if he or she was not careless. These cases are called strict liability cases.

Q: How long does it take to make a PI claim?
A: It depends on a lot of factors, including the complexity of the case and the reasonableness of everyone involved. Some PI claims settle very quickly, while others have to go to trial or even to appeal, although this is relatively rare.

Q: I am hurt and cannot work. How do I pay for a lawyer?
A: Most lawyers who handle PI cases work on a contingent fee basis, which means that you pay the lawyer a portion of what he or she recovers for you. This arrangement allows you to hire a competent lawyer even if you do not have the cash to do so.

Q: Is my PI case a good one?
A: Only a PI lawyer can answer that question. If you believe that you have a personal injury claim, you should contact our office as soon as possible.


WE APPRECIATE YOU!
------------------------------------------------------------------------------------------

Thank you for choosing our firm for your legal needs. We hope that you will continue to count on us when you need legal help. We are just a phone call away.

We also appreciate the trust that you have placed in us by referring your friends, family, and associates to us for legal services. Thanks!


MOTORCYCLE RIDING: KEEP THE THRILLS, AVOID THE SPILLS
------------------------------------------------------------------------------------------

The vision of driving down a country road, with the wind blowing through your hair, atop a large motorcycle is an attractive one for many people, and the number of motorcycles on America’s highways is growing. Although motorcycles share the road with cars and trucks, and although they are subject to the same traffic laws as other vehicles, the fact is that collisions involving motorcycles are different from, and are often more serious than, automobile accidents.

The Stats
In almost half of all collisions involving motorcycles, the fault for the collision lay with the driver of the other vehicle, who failed to yield the right of way to the motorcycle. The small size of motorcycles also makes them more vulnerable to road hazards that even a small car could pass over safely. Motorcycles are more maneuverable than cars, and riders can sometimes put themselves into unsafe positions that drivers of cars cannot.

The greater number of motorcycle accidents means that motorcyclists are also much more likely to be injured or killed in a collision than is someone riding in a car or truck. According to the National Transportation Safety Board, a motorcycle rider is 18 times more likely to die in a collision than is someone in a car, and far more likely to suffer serious injuries. Some 80% of motorcycle collisions result in injury or death, and the fact that the motorcyclist may not have been at fault is of little comfort.

Traumatic Brain Injuries
A common kind of serious injury associated with motorcycle accidents is head injury. Traumatic brain injuries, such as the closed head injuries that result when an impact causes the brain to hit the inside of the skull, cause over a third of the injury deaths in the United States. Since motorcyclists are often thrown off of their bikes in a collision, such injuries are 10 times more common in motorcycle accidents than in other vehicle accidents.

Safety First
Studies have shown that the number one way to prevent these serious injuries is the most obvious one—WEAR A HELMET! Motorcyclists should make sure that the helmet they choose has been approved by the Department of Transportation. If it has, it will have a sticker on it saying “DOT.” When California enacted a mandatory helmet law for motorcycle riders, it saw the number of motorcycle crash fatalities decrease by over 30%. Heavy riding boots, gloves, vests, and long pants can also protect riders if they do crash.

Motorcyclists need to take extra care when riding. They should drive safely (as should all drivers), and they should wear the appropriate protective gear. Motorcyclists also need to understand the special problems that their vehicles present for others on the road, and they should ride especially defensively.

However, motorcycle safety is a two way street. Drivers of other vehicles need to “drive aware” and keep a careful eye out for motorcycles. Motorcycle riders have the same right to use the same road that car drivers do, and this right should be respected. Other vehicles should give motorcycles a wide berth—while a small tap with the bumper likely will not hurt a large SUV, it is potentially fatal to a motorcyclist.


CYCLE ACCIDENT CHECKLIST
------------------------------------------------------------------------------------------

• Call the police and an ambulance, if necessary.
• Get the name, address, and insurance information of the parties involved and any    witnesses.
• Write down the make, model, year, and license number of the vehicles involved.
• Take pictures of the damage to your motorcycle before it is repaired.
• Do not make any statement about the accident to anyone but the police.
• Do not apologize or admit fault.
• * Do not argue with the other driver.
Call our office to discuss your case.

INJURED WORKERS' RIGHTS
------------------------------------------------------------------------------------------

Many employers in Texas carry workers’ compensation insurance, which protects workers who are injured while on the job. If you are hurt at work, and if your employer has workers’ compensation insurance, this insurance gives you valuable rights.

For example, if you are hurt while at work, you have (subject to a few exceptions) the right to receive workers’ compensation benefits after you’ve made your employer aware that you were injured and you’ve filed a claim. These benefits include payment for the medical care necessary to treat your injury, the right to pick your own doctor from a list of approved doctors, and the right to receive a portion of your wages if you miss work to recover from your injury.

In addition, you have the right to assistance to help you make and pursue a claim. This means that you have the right to hire an attorney to represent you, if you wish. You also have the right for your claim information to be kept confidential.

If you have any questions about workers’ compensation or your right to receive benefits, feel free to contact our office. Or, you may contact the Texas Division of Workers’ Compensation by calling toll free at (800) 252 7031.


DANGEROUS DRUGS: TRASYLOL
------------------------------------------------------------------------------------------

Trasylol is the only FDA approved drug for the prevention of blood loss during heart surgery. By boosting the body’s ability to stop bleeding, it can help reduce the need for blood transfusions. Unfortunately, it can also have dangerous side effects, including kidney failure, heart failure, and stroke.

A recent study shows that Trasylol may double the risk of kidney damage, as well as increase the risk of heart attack by nearly 50%.

The FDA recently issued a Public Health Advisory urging physicians who use Trasylol to carefully monitor patients for the occurrence of toxicity in the kidneys, heart, and central nervous system. The FDA also revised the labeling requirements to strengthen safety warnings and limit usage of the drug to specific situations.

If you have suffered kidney failure or heart problems following heart surgery, you may have been treated with Trasylol and you may be entitled to compensation for your injuries. Contact our firm to discuss your case.


SAFETY WITH ELECTRICITY
------------------------------------------------------------------------------------------

Electricity is an irreplaceable part of our modern world. In fact, it is hard to imagine what it was like living in the days before electricity. However, it is important to remember that, as useful as it is, electricity can be dangerous. Remember these safety tips:

1. Do not touch electrical power lines, EVER. If working near a power line, call the electric company to have it shut off. If the power line is down, stay away.

2. Do not run electrical wiring under carpets or across floors, even if the wiring is covered by tape. Walking on wires will eventually result in the insulation being worn away, increasing the chances of being shocked or of starting a fire.

3. Inspect your electrical cords regularly. If a cord is frayed or damaged, have it replaced.

4. Use grounded (three pronged) plugs. Do not use a grounded plug in a non grounded outlet.

5. Install ground fault circuit interrupters (GFCIs) on outlets that are near water, such as those in the kitchen and bathroom.

6. Do not pull on electrical cords, and do not carry corded appliances and power tools around by their cords.

7. When in doubt, leave electrical work to a qualified electrician. When working with electricity, you may get only one mistake, and, since that mistake can kill, you won’t learn much.


CASE BY CASE
------------------------------------------------------------------------------------------

In a collision between a tractor trailer and a car, the car almost always loses. This is especially true when the car hits the side of the trailer. In such a collision, the front of the car will pass under the trailer without hitting anything, which means the first thing to hit the trailer is the windshield, and then the occupants’ heads.

In a recent Texas case, the jury sent a powerful message to truck manufacturers that may make these collisions far less deadly.

The case involved a collision between a car and a tractor-trailer, where the truck pulled in front of the car and the car ran under the trailer. The car had its entire top sheered off in the collision, and one of the occupants died, while the other occupant suffered catastrophic brain damage and can no longer care for herself.

The evidence showed that it is possible to install what is called an underride barrier, a barrier designed to prevent cars from running underneath the trailer in a collision. The truck in this case did not have an underride barrier, but the manufacturer argued that it should not be liable for failing to install one, because government regulations do not require it.

The jury disagreed and returned a verdict of $38.5 million. Perhaps the jurors believed that the $600 cost of an underride barrier meant that it should have been installed even if it was not required.

It remains to be seen whether this verdict will stand up on appeal and, if so, what effect it will have on truck manufacturers and trucking companies.




Home | Site Map | Disclaimer | The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an
attorney for individual advice regarding your own situation.
Copyright © by Juneau, Boll & Ward, PLLC . All rights reserved. You may reproduce materials available at this site for your own personal use and for non-commercial distribution. All copies must include this copyright statement.
Website Designed and Hosted by Attorneys Online™ Inc.