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General Motors Prevails in Ignition Switch ‘Bellwether’ Trials
General Motors Prevails in Ignition Switch ‘Bellwether’ Trials 150 150 CMZ Law Lufkin/Houston

By now, you have undoubtedly heard of the ignition switch problems plaguing General Motors – which have lead to hundreds of injury and property damage claims across the United States. As a refresher, millions of General Motors models were implanted with a defective ignition switch which could actually cause the vehicles to turn off while in motion. Of course, the sudden loss of power can cause serious accidents, particularly for vehicles traveling at high rates of speed on highways and interstates. So far, the defect is implicated in 124 deaths and 275 injuries.

As a result of the widespread harm, victims of the defective switches filed lawsuits against the company for damages. As is common in complex product liability lawsuits, General Motors hand-picked three cases – seemingly representative of the types of claims overall – to engage in what is known as a Bellwether trial. A Bellwether trial is somewhat of a “preview” trial to gauge a jury’s likely response to the evidence presented. While Bellwether trials are actual trials, the results can often sway parties one way or another.

Fortunately for General Motors, the jury saw things their way following three Bellwether trials in the Houston area earlier this month. The jury took about one hour to determine that General Motors was not liable in the serious brain injury of the 24-year old driver, whose car careened out of control and killed the driver of an oncoming vehicle.

Other Bellwether trials are set to begin over the next several months, and the results of a Bellwether trial are not necessarily indicative of whether General Motors will offer a settlement to victims and their families. In other words, success in Houston does not necessarily mean the company is off the hook for the deaths and injuries of hundreds of other victims.

Contact a personal injury attorney today!

If you would like to discuss your options following a recent personal injury, please contact our office today! 

Texas Trucker Files Lawsuit in Refinery Accident
Texas Trucker Files Lawsuit in Refinery Accident 150 150 CMZ Law Lufkin/Houston

What are the grounds for a personal injury lawsuit in a refinery accident?

In Texas and Louisiana, refineries play an integral role in the Gulf Coast economy, and these outfits are often drive by profits at the expense of worker safety. Avoidable accidents often occur when hazards and safety issues are overlooked. This appears to be the case in a refinery explosion at a Shreveport-based refinery in April 2015.

A truck driver from Denison Texas has filed a lawsuit after being covered in molten asphalt in a refinery explosion at Calumet Specialty Products Partners. The trucker suffered third degree burns on 90 percent of his body in what doctors at Louisiana State University Health Services Center said were the worst injuries they had ever seen in a burn injury survivor. The injured man spent three months in intensive care at the hospital.

A Grisly Refinery Accident

In April 2015, the trucker was picking up a load of asphalt from Calumet for delivery to a buyer in Texas. The truck was overfilled with 350 degree liquid asphalt that a Calumet worker began to offload, even though the trucker was not trained in this procedure. Apparently, water in the hose was vaporized by the liquid hot asphalt which caused the explosion, throwing the trucker to the ground and covering him with burning asphalt. During the 3 months in ICU, the trucker had to undergo debridement treatments to remove the burned layers of skin.

A History of Calumet Refinery Accidents

In 1999, a similar asphalt explosion injured another trucker and the company testified during a trial that truck drivers were not allowed to assist in offloading liquid asphalt. Moreover, the Calumet refinery has a history of OSHA citations dating back to 2007 when the outfit was fined more than $120,000. Again in 2010, the refinery was hit with more than $170,000 penalties for violations of health and safety regulations. More recently, a Calumet worker dies from injuries in an accident at the refinery in May, the details of which have not been disclosed.

In connection with this accident, Calumet is reportedly coordinating with its insurance company to pay the trucker’s medical expenses, however, his lawyers content he will need medical care for the rest of his life costing millions of dollars. Calumet also stated that it has implemented additional safety precautions at the refinery. While it remains to be seen if the trucker will prevail in his personal injury lawsuit, Calumet’s history of violations and OSHA citations may support the refinery injury claim.

Keep Your Teen Driver Safe This Summer
Keep Your Teen Driver Safe This Summer 150 150 CMZ Law Lufkin/Houston

How can I encourage my teen to be a safer driver this summer?

The AAA Foundation for Traffic Safety has dubbed summer the “100 Deadliest Days” for teen drivers.  During the period between Memorial Day and Labor Day, teens take to the roads in high numbers, leading to soaring rates of teen accidents.  It is anticipated that at least ten accidents involving teens will occur each day during the summer time, which represents an over 15 percent increase from school time accident rates.  Our Texas car accident attorneys at Chandler, Mathis & Zivley, PC, offer some tips for encouraging your teen to drive safely.

Safe Driving Tips for Your Young Driver

Teen accident statistics can be frightening for any parent, but the good news is there are steps you can take as a parent to encourage your teen driver to operate a motor vehicle in a safe manner.  You can help your teen become a safe driver by enforcing the following:

  1. Never text and drive:  Texting while driving is one of the most dangerous behaviors any driver can engage in.  Texting drags a driver’s eyes, attention, and hands off the road ahead for several seconds at a time, easily leading to an accident.  Teens are notoriously glued to their phones, making it imperative that you educate your teen about the dangers of texting while driving.
  2. Abide by a safe driving contract:  Draft an agreement between you and your teen, or find one of the many agreements online, in which your teen pledges to follow the rules of the road.  Your contract could include punishments for being caught speeding, texting, or drinking and driving, such as revocation of driving privileges. 
  3. Drive solo:  Driving with passengers doubles your teen’s risk of an accident.  Never allow your new driver to drive his or her friends around.  You should be the only one to ride with your teen for a lengthy period of time after he or she obtains a driver’s license. 
  4. Enroll in a defensive driving course:  Driving requires motor skills and good judgment.  You can help your teen to develop the critical skills needed for safe driving by enrolling him or her in a defensive driver or other safety related course.  A defensive driving course will ensure your teen knows the basic of safe driving, such as maintaining a safe following distance.

If your teen is injured in an accident or you have been injured by a teen driver, contact a motor vehicle accident lawyer right away to protect your legal rights.  

Common Types of Car Accidents: Side Impact Crashes
Common Types of Car Accidents: Side Impact Crashes 150 150 CMZ Law Lufkin/Houston

Who is liable in a T-bone accident?

Side impact, or T-bone, crashes are a common and serious type of car accident that occurs on Texas roadways every day.  Side impact accidents happen mostly at intersections.  These crashes often involve two vehicles traveling in different directions through an intersection.  One vehicle hits the side of the other vehicle, causing a T-bone crash.  Our Houston, Texas personal injury lawyers answer some of your frequently asked questions about side impact accidents below.

Frequently Asked Questions About T-Bone Crashes

What are the causes of side impact crashes?

Driver error is the number one cause of all car accidents, including side impact crashes.  Side impact accidents often happen when one driver fails to timely stop at a stop sign or stop light, or fails to yield the right of way.  Potential reasons that a driver might not obey basic traffic laws include driver distraction, poor judgment, excessive speed, driver intoxication, and other instances of negligent behavior.

Who is at-fault in a side impact accident?

In a side impact crash, there are no assumptions as to liability.  Side impact accidents require a careful analysis of the circumstances surrounding the accident.  Fault will be determined by the angle of the cars in the crash, witness statements, traffic light cameras, skid marks, and more.  Fault with ultimately lie with the driver who committed a traffic infraction or was not paying appropriate attention at the time of the accident.  

At times, both drivers in a T-bone crash will bear some degree of fault.  Texas follows a modified comparative fault rule, meaning that if a person is injured in an accident, he or she cannot recover damages from the other party if deemed 51 percent or more at fault for the crash.  Damages will be reduced by your percentage of fault.

What injuries might accident victims sustain in a T-bone crash?

Side impact crashes can lead to a wide array of serious injuries or even death. The side of the car is less insulated than the front or back of the vehicle, leaving vehicle occupants at heightened risk of injury.  Potential injuries include head trauma, broken bones, paralysis, and more.  The victims of a T-bone crash should consult with a lawyer to determine their legal rights to recover from the driver that caused the accident.

How Do You Prove Intoxication in a Personal Injury Case?
How Do You Prove Intoxication in a Personal Injury Case? 150 150 CMZ Law Lufkin/Houston

Driving is by no means inherently safe. With human beings operating cars and trucks there leaves much room for error. But when an individual drives while under the influence of alcohol or drugs – both illegal and prescription – their intoxication can have very serious effects on the safety of themselves and others.

Driving While Intoxicated

In Texas, anyone who drives while intoxicated is committing the offense of driving while intoxicated (DWI). If an intoxicated driver causes injury to another individual, the evidence of their intoxication can be used as evidence against them in a personal injury case.

Plaintiff Still Has Burden of Proof

It is important to remember that just because someone intoxicated gets into an accident with another person, he or she is not automatically guilty in civil court. When it comes to a case of negligence, the plaintiff who is suing still carries the burden of proving four elements (duty; breach; causation; damages).

When it comes to proving causation, the plaintiff must still prove that the crash occurred because of the defendant’s conduct, and that conduct caused the plaintiff’s injuries. The defendant can still argue that they were not at fault for the crash, and that the plaintiff either caused the crash, their injuries were not a direct result of the accident, or they contributed to the damages.

NTSB Investigates Crash of Impaired Driver

The National Transportation Safety Board (NTSB) recently released its findings in an investigation of a crash, which occurred in Texas that resulted in 13 fatalities because of a driver under the influence of marijuana and prescription drugs.

The NTSB found that the driver was responsible for the crash due to the fact that he could not safely operate his truck because he was impaired. He was said to be driving erratically before crashing into a church bus that was transporting seniors from a three-day church retreat. The crash killed the bus driver as well as 12 of its 13 passengers.

The Aftermath of the Crash

According to the NTSB there were marijuana cigarettes, over-the-counter, and prescription medication as well as other drug paraphernalia in the truck. The driver also tested positive for marijuana and the sedative, clonazepam, of which he admitted that he had taken twice the prescribed dose. The twenty-year-old driver was then charged with multiple counts of intoxication manslaughter. He is currently awaiting sentencing after pleading no contest.

What To Do if You’ve Been the Victim of a Car Crash with a Drunk Driver

If you have been the victim of a car crash that involved a drunk driver, it is so important that you are compensated for any damages that you sustained from it and that the impaired driver is held accountable. That is why you should contact a knowledgeable and experienced personal injury attorney who can help you to navigate your situation and get you what you deserve.

 

Emergency Responder Accidents
Emergency Responder Accidents 150 150 CMZ Law Lufkin/Houston

What should I do when passing by a stopped emergency responder vehicle?

A Dallas fire truck was recently hit by a big rig while responding to an emergency.  Dallas Fire-Rescue responded to an accident on I-30 near Ferguson Road in the early morning hours.  While attending to the emergency, a big rig truck hit the fire truck.  Fortunately, no one was injured in the accident.  This Texas crash illustrates the immense dangers faced by emergency responders and the importance of moving over or slowing down when drivers pass by an accident.  

Move Over or Slow Down

Emergency responders provide vital assistance to individuals involved in all manner of accidents across the nation. When responding to a car accident or other roadside emergency, police, fire workers, tow truck operators, and other emergency responders place themselves in danger.  Drivers passing by the scene of the accident often become distracted and could hit emergency responders, compounding the accident even further.  

To protect police, fire, and emergency vehicles, Texas passed a law known as the “Move Over/Slow Down” law.  It requires that drivers either move over or slow down when passing an emergency vehicle.  The law was further expanded in 2013 to include Texas Department of Transportation workers.

Under the law, Texas drivers must either move into another lane if traveling on a multiple lane road or slow down to 20 miles per hour below the speed limit if they are passing a stopped emergency vehicle with its lights activated. Failure to abide by the law can result in a fine of up to $200. If the violation injures property, the fine increases to $500.  If someone is injured due to your failure to move over or slow down, it will be a Class B misdemeanor offense.  

Despite the existence of the Move Over law in Texas and similar laws elsewhere across the country, American drivers are often unsure of what they should do when they approach a stopped emergency vehicle. Drivers are urged to be on the lookout for emergency responders and take action if they see a vehicle approaching.  Always remember that emergency vehicles have the right of way.  Emergency vehicles may need to make sudden turns or drive on the wrong side of the road to assist others.  Help to keep emergency responders safe by moving out of their way whenever possible.

Summer Driving Dangers
Summer Driving Dangers 150 150 CMZ Law Lufkin/Houston

Why is summer such a deadly time for drivers?

Summertime is one of the most dangerous seasons for car accidents. Summer driving dangers are deceptive because, unlike in winter, the weather is ideal. Summer offers excellent visibility, generally dry roads, and long daylight hours. The dangers for summer driving lie in the sheer number of drivers on the roadways and the increase in drunk drivers. During the summer months, families take advantage of their children being off school and take to the roadways in droves. Combine the plethora of drivers with free time and holidays that often involve alcohol, and it becomes clear why so many car accidents happen in summer.

Road Congestion

Road travel is the most common form of transportation. Congested roadways make for more difficult driving conditions. Traffic may become stop and go. Distracted drivers may lose focus in traffic and hit the car ahead. Further, crowded roadways can lead to road rage. Enraged and impatient drivers may behave erratically, potentially causing immense injuries.

Vacationing drivers add an additional hazard. Drivers from other states or just nearby counties may be unfamiliar with the roads. Lost drivers could drive extremely slowly, brake suddenly, turn without signaling, or otherwise violate the rules of the road.

Construction

Construction work tends to increase in the summer months. Construction can lead to sudden slowdowns, lane switches, and general road confusion. Drivers should always exercise extreme caution when they see construction signs ahead in order to protect themselves and road workers.

Impaired Drivers

Adults and teens tend to consume more alcohol during the summer months. Adults are often vacationing or otherwise enjoying the warm weather and lessened work schedule. Teens are off school and gathering with friends. According to the Centers for Disease Control and Prevention, approximately 30 people a day are killed in alcohol related motor vehicle accidents.

Staying Safe on the Road this Summer

By understanding the risks of summer driving, you can keep yourself and your family safe. Start by avoiding driving during holidays like the Fourth of July, which tend to have high accident rates. Practice defensive driving at all times, being sure to pay close attention to the roadway and scanning the road ahead routinely. Closely monitor your teen driver. Educate your teen as to the importance of safe driving and driving drunk. Never drink and drive yourself and always be on the alert for signs that a surrounding driver is impaired.

If you have been injured in an accident, you may be entitled to compensation. Contact an experienced personal injury attorney today.

Amazing Medicine: Doctors Grow Texas Soldier a New Ear
Amazing Medicine: Doctors Grow Texas Soldier a New Ear 150 150 CMZ Law Lufkin/Houston

What medical advances can we anticipate in the next decade?

A 21-year-old US Army private is getting back something she never imagined could be returned—her left ear. Thanks to amazing medical advances, Shamika Burrage has successfully received an ear transplant through the William Beaumont Army Medical Center in El Paso. Burrage was involved in a serious car accident two years ago. She survived, but she suffered the loss of her left ear.

Now, the Army Medical Center has used cartilage from Burrage’s ribs to make a new ear which was then grown under her skin on her forearm. The new procedure used to create the ear has several major advantages, including less chance of rejection or scarring. It represents a major step forward in transplant medicine, which could be life saving for car accident victims, soldiers, and many others.

Evolving Medicine

Physicians and researchers across the nation devote their lives to the development of new medicines, surgeries, and treatment options to improve the lives of patients. With each new technological advance, people across the world are living longer and healthier lives. Some major medical advances that we will soon see include:

Bioprinting

One of the next major breakthroughs in the realm of transplant surgeries will be bioprinting. Three-dimensional printing is advancing to the point that doctors will soon be able to print fully functioning organs. Thus far, 3D printers can already print flat body parts, like blood vessels and skin, as well as hollow organs, like the bladder. As the technology increases, the future will hold 3D printed complex organs, like the heart, lungs, liver, and much more.

Gene Therapy

Gene therapy uses genes to treat or prevent disease. It involves the transplantation of normal genes into cells that are defective or in place of missing cells. Gene therapy has long been considered controversial, but recently the FDA recommended approving the treatment for those with some inherited retinal diseases. This could be the first step towards wider acceptance of gene therapy, which could potentially be used to treat a wide array of both inherited and acquired conditions.

New medical advances could be great news for accident victims nationwide. As our technologies continue to improve, we can anticipate unprecedented rates of recovery. These new treatments will, however, come at a financial cost. Personal injury victims should consult with an accident attorney for assistance with receiving compensation for their losses.

Another Tesla Crash Probes More Inquiries
Another Tesla Crash Probes More Inquiries 150 150 CMZ Law Lufkin/Houston

Is Tesla’s Autopilot feature safe?

Recently, another Tesla sedan was involved in an accident while believed to be in semi-autonomous mode. The accident happened in South Jordan, Utah, when a Tesla vehicle rear-ended a fire department truck traveling at about 60 miles per hour. Investigations have thus far revealed that the vehicle never even braked before impact. So far, the driver of the sedan has admitted that she was looking at her phone at the time of the crash, but the vehicle was in Autopilot mode. This is the latest in a series of accidents involving Tesla’s autopilot, which has many consumers asking, is Tesla’s semi-autonomous mode safe?

Tesla’s Autopilot Accidents

In addition to the recent Utah car accident, Tesla vehicles have been involved in at least two other serious accidents in the past year. One accident happened in Florida when a Tesla vehicle crashed into a turning 18 wheeler, leading to a fatality. An earlier crash occurred this past July in Pennsylvania, when a Tesla vehicle struck a guardrail, causing the car to turn into a median and flip.

Tesla owner Elon Musk has already publicly fired back about questions regarding the safety of his high tech vehicles. Musk commented on Twitter that it was “super messed up” that a Tesla crash that resulted in just a broken ankle has made headline news, while the 40,000 plus fatal auto accidents that happen each year get little news coverage. While his point has some validity and the vehicle should be lauded for withstanding such a serious crash, it still stands to reason that the Autopilot feature may have some kinks that need additional work.

Tesla’s Autopilot feature remains new and in “beta mode.” Vehicle users are clearly informed that they must remain alert and keep their hands on the wheel at all times. However, some drivers like this Utah driver, appear to be lured into a false sense of security with the Autopilot mode engaged. For American drivers who are already often distracted, Autopilot may offer an excuse to look at their phones, daydream, or otherwise, disengage with the task of driving.

Fault for these Tesla accidents is thus two fold. First, the Autopilot feature is clearly not perfected. It should have acted to break the Utah vehicle, but the technology is still evolving and needs more work. Second, Tesla drivers need to avoid over relying on the still developing Autopilot feature. Semi-autonomous vehicles are clearly an important step forward and will no doubt save many lives, but for now, drivers cannot lose their focus on the road ahead.

Houston Leads Country as Deadliest Major Metro Area for Crash Fatalities
Houston Leads Country as Deadliest Major Metro Area for Crash Fatalities 150 150 CMZ Law Lufkin/Houston

According to the Houston Chronicle’s analysis of 16 years of federal highway data, Houston is the deadliest major metro area for car crash-related fatalities. Each year, 640 people are killed and 2,850 people are seriously injured. Despite the sheer number of people losing their lives, not much has been done in the way of preventative or increased safety measures. The extent of it is generally just an occasional warning from public safety officers.

Houston Places in Top Half for All Weakness Categories

The Chronicle shows that the region is also leading the country in fatal crashes that involve drugs or alcohol. Out of the 12 largest regions in the country, it is also number two for crashes per capita on federal highways. Out of those 12 regions, only Houston places in the top half in all categories regarding weaknesses.

Contributing Factors Adding to the Risk of Fatalities

Not only do these crashes commonly lead to fatalities, but they also carry other severe consequences, which often go unnoticed by drivers, lawmakers, and taxpayers. There are several factors that have compounded the risk of fatalities:

  • Driver commutes continue to get longer – they are up more than a minute since 2013. The average length of a commute is 29.5 minutes each way.
  • Roads designed for maximum speed, some of which have speed limits of up to 75 mph.
  • Trivial enforcement of traffic laws; Over the last three years, the number of issued speeding tickets have decreased, while the number of drivers and miles driven have continued to rise, and the number of officers has more or less stayed the same.
  • Texting bans are barely enforced
  • Politicians hold a strong opposition to automating the enforcement – things such as speed cameras, and video enforcement of red-light runners have been restricted, while a ban on sobriety checkpoints has been enforced.
  • Roads that allow for pedestrians and cyclists do not provide a safe place for them to walk or ride. Though the city has more than 6,200 miles of roads, there are far, far fewer of them that have sidewalks. Though the count may not be entirely accurate, Houston has fewer than 300 miles of on-street bike lanes.

The lack of consequences with which violators are met only encourages people to continue disregarding driving laws, such as staying off of their phones and paying attention to the road at all times.

Speeding Proves Massive Contributor

One of the largest contributors to these crash-related fatalities is speeding. In Texas, 44 percent of accidents in which the vehicle runs off of the road are in part due to speeding. In distraction-related crashes with fatalities, more than one-third included speeding as a factor. Furthermore, 25 percent of deaths of crashes at intersections include one or more speeding vehicles.

Methods for Reducing Fatalities Met with Roadblocks

Researchers say that there are certainly ways to reduce deaths, but they are not socially or politically acceptable, so they are not executed. The money available goes to widening highways and other large projects, while lawmakers are resistant to allow technology to play a bigger role, citing things such as personal liberty. Regardless of the type of solution, it is clear that something must be done.

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