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Tuesday, June 21, 2016

Delayed 2015 Jeep Cherokee Recall in Question After Crushing Anton Yelchin



The 2015 Jeep Grand Cherokee that rolled backward down a driveway and killed the actor, Anton Yelchin, early Sunday was a model that Fiat Chrysler has recalled for a gearshift issue that has confused drivers, leading them to accidentally leave the car in neutral when they think it is safely in park.

Mr. Yelchin was killed after he got out of his Jeep and it rolled down his steep driveway, crushing him against a concrete-reinforced mailbox, a police spokeswoman, Liliana Preciado, said.

Mr. Yelchin’s Jeep was part of a recall by Fiat Chrysler
in April of almost 812,000
vehicles including the
2014 & 2015 Grand Cherokee models. That recall was prompted by an investigation by the National Highway Traffic Safety Administration, after complaints by car owners and reports of dozens of related injuries.
============================================================
NHTSA: Preliminary Evaluation dated August 20, 2015

The National Highway Traffic Safety Administration (NHTSA) announced August 24, 2015 that it will open a preliminary investigation into 408,000 2014–2015 Jeep Grand Cherokee SUVs, after receiving several complaints about the vehicles rolling away after being shifted into park.

Currently, the NHTSA has received 14 complaints describing incidents where a Grand Cherokee has rolled away when the gearshift indicated Park. NHTSA’s Preliminary Evaluation paperwork indicates that five crashes and three injuries have been associated with the complaints. Rollaway incidents have occurred both with the engine running and turned off.
============================================================
2014 and 2015 Grand Cherokees use a shift-by-wire gear selector that springs back to center no matter which gear is selected. According to The Detroit News, complaints filed to NHTSA indicate that the gear selector showed the vehicle was in Park in the incidents where an affected Jeep rolled away.

Fiat Chrysler has been a prime target of the government’s efforts to penalize automakers for lax safety practices.

Last year, federal regulators accused Fiat Chrysler of failing to conduct recalls and complete repairs in a timely fashion, and hit the company with $105 million in penalties.

The safety administration released a statement Monday evening saying, “This is the first fatality we’re aware of that may be related to this safety defect and vehicle recall.”

When a manufacturer fails to exercise proper caution or makes decisions it knows put American consumers in harm's way, the experienced attorneys of Miller Weisbrod, LLP, will be there to fight for the individuals and families who suffer.

Our lawyers at Miller Weisbrod, LLP are recognized as national leaders in the fight to hold the auto industry to account for the accidents, injuries and wrongful deaths that can occur as a result of corporate negligence or greed.

We believe that no minor cost savings should ever take priority over the lives of American consumers. Our capable attorneys welcome the opportunity to take on automakers who continue to make dangerous or defective vehicles.

The affected vehicles, which also include 2012-14 Dodge Chargers and Chrysler 300s, use an unconventional lever to shift the automatic transmission. Instead of moving to a different position with each gear, the lever returns to a center position. The driver must look at the shifter to make sure the proper gear is selected.



When the recall was announced earlier this year, the automaker said it was aware of 41 injuries related to the gear shift problem. Car & Driver

After the April recall, Fiat Chrysler said in a notice sent to owners that “a permanent remedy for this condition is currently under development” and that the automaker hoped to “finalize” it by the fourth quarter. It warned owners, in the meantime, to use the parking brake and to always check to make sure the vehicle was in the correct gear.

Since the recall was announced, the agency has received at least eight additional complaints from owners of Grand Cherokees who said their vehicles had rolled away and crashed, although no injuries were reported.

Contact Us
If you were injured or a loved one died in an accident and you believe an unsafe or defective vehicle is partly to blame, please contact our Dallas offices at 214.987.0005 to discuss your rights and legal options with an experienced trial lawyer.

We offer free initial consultations to potential clients nationwide. If you are calling from outside the DFW Metroplex, please use our toll-free line at 888.987.0005 or contact us by e-mail to schedule an appointment.

Wednesday, June 1, 2016

Miller Weisbrod Settles Construction Accident - Dangerous Pump Jack



Our clients were siding contractors on a large apartment construction project in South Central Texas. In order to place large pieces of pre-fabricated siding, the workers needed to have an elevated platform to work at the necessary heights. Since the work involved moving horizontally along the face of the building, stationary scaffolding did not make practical sense because it takes so long to erect, disassemble and move. Instead, the typical aerial platform for this and similar trades is called a pump jack.




This device utilizes two horizontal metal poles and a platform that can be lifted or “jacked” up and down to the necessary heights to perform the work.

OSHA generally requires independent lifelines connected to harnesses unless an adequate guardrail system can surround the entire work platform. But in many cases, the pump jack must be placed inside crevices in such a way that a smaller platform without guardrails is utilized. Industry practice is that a bolt is placed at the top of a building so the workers can hook long lanyards/lifelines to hang down and attach to their harnesses. This allows protection should the platform fail or become unstable.

In our case, the superintendent for the general contractor knew about the industry standard and claimed that the siding contractors were always tied off when on the pump jacks (that did not have proper guardrails). Our clients claimed they never had been issued harnesses and there were no hard points for lifeline connection on the roof of the apartments. They had been working for three weeks when their platform became unstable (due to inadequate bracing) causing them to fall over the side. One client suffered several orthopedic fractures — the other suffered a broken spinal cord leaving him permanently paralyzed.

The problem was collectability — our clients were hired by Edwin, who was hired by Raul, who was hired by Jessie who was hired by a company in Kansas that had the siding subcontract but had never visited the job site or met in person Jessie, Raul, Edwin or our clients. The Kansas company had been contracted by the General Contractor on the job.

Our theory was that the general contractor knew that the lack of fall protection was dangerous and approved the practice by failing to require fall protection even though they walked by the workers a half dozen or more times every day for several weeks.
Cross examination of the job superintendent:


On the strength of this cross examination and other admissions from the general contractor’s employees were able to secure a substantial confidential settlement that will provide for the life care needs of our paralyzed client and compensated his co-worker for his orthopedic injuries.

Miller Weisbrod has partnered with law firms across the state of Texas on a referral and joint venture basis to pursue cases of catastrophic injury and wrongful death arising from construction and work site incidents. We would welcome the opportunity to work with you to obtain justice for your clients injured or killed on the job.

Miller Weisbrod, LLP is a national law firm specializing in catastrophic injury and wrongful death cases. Partners Clay Miller and Les Weisbrod have built the firm’s reputation with successful verdicts, settlements, appeals and favorable decisions across the country. With resources and finances available to take on the powerful interests that have caused harm, the firm is committed to providing quality representation for clients who are seriously injured and families of victims who are killed as a result of the negligence or misconduct of others.

Miller Weisbrod has offices in Dallas and affiliate offices in Houston and Austin. For more information call toll-free at (888) 987-0005.

Serious Injuries From Commercial Truck Accidents



There are an estimated 500,000 truck accidents in the U.S. each year. The injuries associated with truck accidents are often serious.

An accident between a car and a truck is quite dangerous and can result in serious injuries. Most often it is the occupants of the car which bear the brunt of the accident and get severely or fatally injured. These injuries can be life altering for the victim and even simple day to day tasks can become extremely difficult. Some of the common bodily injuries sustained by truck accident victims are listed below:

Traumatic Brain Injuries
These injuries occur when an individual’s head hits an object with great force. The traumatic brain injuries are of a closed-head kind with the skull and the dura matter remaining intact. The data of car accidents collected over the years indicates that brain related injuries are a leading cause of death of children who are less than four years old. In case the brain injury is non-fatal, toddlers and young children can still be severely affected with some physical or cognitive disability showing up in future.

Coma
A coma can result from various conditions or events, like traumatic head injury, intoxication, central nervous system disorders, abnormalities in metabolism, etc. The majority of coma cases are drug-related and the second largest cause of coma is the reduced supply of oxygen to the brain. The reduced oxygen supply to the brain can result from serious cardio-pulmonary conditions like a heart attack which can be caused by a serious truck accident.

Organ Damage
Damage to internal organs can result from high speed impacts in traffic accidents especially involving cars and trucks. Any type of organ damage injury requires immediate medical attention. One of the most common organ’s that gets injured is the spleen. A person’s spleen is located in the upper-left region of the abdomen and is a critical organ which filters the blood and removes damaged blood cells and platelets.

Hemorrhage
This condition is commonly referred to as internal bleeding and is caused when there is a loss of blood from the vascular system into the internal cavity. A hemorrhage is generally caused by blunt force trauma which can happen when a car suddenly decelerates post colliding with a truck or other large vehicle. A hemorrhage is a serious condition which can easily become life threatening whenever there is heavy blood loss. The stomach, lungs and brain are commonly affected by hemorrhaging in high speed car accidents with large vehicles. The internal hemorrhage can cause a catastrophic heart-attack in the victim which can sometimes be fatal.

Compound Fractures
A fracture in which the bone pierces the skin causing extreme pain and bleeding is termed a compound fracture. A compound fracture is a serious condition as the protruding bone can easily become infected causing further complications. The severity of damage and the angle of the broken bone determine the further course of treatment. Usually the fractured bone can be set right by a physician.

Amputation
The impact of a vehicle crash can be so severe that a victim’s limb may get severed.

Contact Miller Weisbrod
Many of these injuries require expensive medical procedures and multiple surgeries to correct — if they can be corrected at all — and add financial stress to an already emotionally stressful situation. More often than not, however, these injuries result in permanent damage, leaving families with lifelong medical expenses and the realities of living with permanent disability or caring for a person with disabilities.

We represent truck accident victims and their families on a contingency fee basis. We don't get paid until we obtain a financial settlement or jury award for our clients. For more information, contact our offices at 214.987.0005 to speak with our experienced Dallas trucking accident attorneys.

If you are seeking legal advice and experienced representation in a trucking accident case, please call us toll free at 888.987.0005 or contact us by e-mail to schedule an appointment.

What is a Personal Injury?



When you or a loved one has been injured, the first thing that comes to mind is simply receiving medical treatment and moving forward with your life. However, it is important to recognize that some people may have legal recourse.

Suffering a physical or psychological injury due to another individual's negligence is a simple definition for a personal injury. In the court of law, it must be proven that a person's careless actions caused your injuries, which led to further damages, such as lost wages or mental anguish.

A personal injury case may go through civil court proceedings or be settled out of court through an informal settlement. In most cases, a personal injury claim can be settled before heading to court. However, in cases where a settlement cannot be agreed upon, it is important to find a lawyer who has experience going to trial.

Types of Personal Injury Claims
It can be difficult to determine if someone else's careless actions caused your injury, however, these are some of the most common causes of a personal injury:

Car accidents
Motorcycle accidents
Workplace incidents | Construction accidents
• Slip and fall | Premises Liability
Defective products

In each of these situations, the person(s) at fault had a duty of care to behave in a responsible manner that would not lead to an accident or injuries. Unfortunately, their failure to exercise a duty of care led to serious consequences.

Contact Us
When you or a loved one has suffered at the hands of another, the personal injury lawyers of Miller Weisbrod, LLP can help you file a claim for compensation.

Our experienced personal injury attorneys offer free case evaluations to those who believe they may be entitled to compensation. For more information, we invite you to contact our offices in Dallas at 214.987.0005 to schedule a free initial consultation with our experienced personal injury trial lawyers.

If you are calling from outside the DFW Metroplex, please call us toll free at 888.987.0005. You may also contact us by e-mail now for prompt attention or to request an appointment.

Injured by a Defective Vehicle?



Not every car accident is caused by driver error. In recent years, it seems to be more common for vehicle defects to lead to crashes or to exacerbate situations. There have been countless vehicle recalls over the past 10 years, many of which include defective airbags, seat belts, and other crucial vehicle components.

If you were hurt in an accident because of a vehicle defect, you should contact a products liability attorney. An experienced lawyer understands the difficulties you face following an accident and knows how important it is for you to recover in order to pay your expenses and move forward in life.

Types of Defects
Not every defect is categorized in the same way, and the type of defect involved in your accident matters. The type and origin of the flaw will influence who you go to for recovery, whether that includes a third-party insurance claim or filing a lawsuit.

There are three types of defects:
• Design
• Manufacturing
• Warning

A design defect means the inadequacy was part of the vehicle’s intended plan. The actual design of the vehicle was flawed, which means the vehicle is dangerous even when used how it was intended to be used. Every vehicle of its type will have the same problem.

A manufacturing defect means a mistake occurred while the vehicle parts were made or while the vehicle was assembled. This flaw makes that vehicle dangerous.

A warning defect, also known as a marketing defect, occurs when the vehicle could be dangerous in a way that is not outwardly apparent to the driver. In this situation, the manufacturer is required to warn potential users of this danger.

Common Vehicle Defects
Cars, vans, SUVs, and trucks are all incredibly complicated, particularly now with an increase in computer technology in vehicles. The more important parts a car has, the more places there are for something to go wrong. While there could be a defect anywhere in a vehicle, certain defects are more likely to lead to accidents and cause injury, including:

Airbag defects: Airbags can be improperly designed, manufactured, or installed incorrectly, leading to injuries or not preventing harm like they should. Airbags can inflate too quickly or not enough. They could be too small or too large for the intended space. Some airbags have gone off when it is not necessary and others have sent shards of plastic and other debris into the cabin of the car.

Seatbelt defects: Seatbelts can also be designed or manufactured incorrectly. Seatbelts that become unbuckled or loose during an accident put people in great danger.

Brake defects: If the brakes on a vehicle are installed incorrectly or one part of the mechanism was manufactured with a flaw, the brakes can fail causing serious collisions and injuries.

Tire defects: If a tire is designed or built incorrectly, it can suddenly blow while a person is driving, causing a crash. Tire failures can also occur from slow leaks overtime, which if not noticed, can cause tires to wear down too soon and overheat.

Contact Miller Weisbrod
If you believe your accident and injuries were caused by a vehicle defect, call us today. The experienced attorneys of Miller Weisbrod, LLP will know how to investigate your case to determine if there was a defect, and if so, who was responsible. You may be able to bring a lawsuit against the designer of the car, the manufacturer of the vehicle parts, the assembler, or the dealership.

For more information, we invite you to contact our offices in Dallas at 214.987.0005 to schedule a free initial consultation with our experienced personal injury trial lawyers.

If you are calling from outside the DFW Metroplex, please call us toll free at 888.987.0005. You may also contact us by e-mail now for prompt attention or to request an appointment.

Friday, May 6, 2016

Construction Worker Freed From Trench


IRVING, TEXAS — Crews were able to a free a construction worker more than three hours after he became stuck in a 15-foot trench in Irving. The accident was reported at about 2:52 p.m. Thursday (5/5/16) in the 2100 block of Ridgewood Street.



At about 6:20 p.m., the worker, strapped onto a gurney, was pulled from the trench and placed into a ground ambulance in unknown condition.

Trench Accident Lawyers
Working in trenches or other contained breathing areas is one of the most dangerous jobs in the construction industry. Contractor and subcontractor negligence and OSHA safety violations can turn an already hazardous situation into a recipe for a serious and fatal trench accident.

Miller Weisbrod, LLP serves the legal needs of construction accident victims and their families in Texas and nationwide. Our attorneys are nationally-recognized leaders in the field of plaintiffs' personal injury trial law. We have the experience, skills and resources to help you seek maximum financial recovery after a trench accident results in catastrophic injury or wrongful death due to a trench accident.

If you were badly hurt or permanently disabled or a loved one died in a trench accident anywhere in the United States, please contact us today to schedule a free consultation with an experienced lawyer.

Call 888.987.0005 for Legal Help After a Trench Accident

Miller Weisbrod, LLP has a proven record of success in obtaining large financial settlements and jury awards for victims of negligence. Our lawyers have the experience, industry knowledge and legal skill to handle a wide range of trench accident cases, including:

• Broken natural gas lines leading to suffocation or explosion
• Trench collapse accidents caused by improper shoring and supports
• Water infiltration resulting in drowning
• Accidents in other enclosed spaces such as manholes, sewers, storm water drains and tunnels
• Any trench accident resulting in brain injury, spinal cord injury, other catastrophic injury or wrongful death

Contact Us
If you were seriously injured or a loved one died in a trench accident caused by contractor negligence or OSHA violations, we encourage you to call our main offices in Dallas today at 214.987.0005 or toll free at 888.987.0005 for a free consultation. You may also contact us by e-mail today for answers to your important questions or to schedule an appointment.

Friday, April 29, 2016

Head-On Collision & Crush Injuries



Head-on collisions are caused when a driver crosses the center dividing line for any reason. The driver could have been trying to pass another vehicle on a two-lane road or could have been driving negligently and moved to the lane of traffic coming from the opposite side. Statistics collected by the Fatal Analysis Reporting System (FARS) brings out the following facts:

• 75 percent of all head-on collisions occur on rural roads.
• Head-on collisions happen most frequently on two-lane roads.
• Of the 7,000 reported head-on collisions on two-lane roads.
  Only 4.2% were caused when a driver was trying to pass another vehicle.
• Failure in negotiating a curve on the road is a cause of 23 percent of fatal head-on collisions.

The FARS data reveals that many head-on collisions result from ‘unintentional maneuvers’ of a driver. These include distracted driving, not following the speed limit, negotiating a curve at a very fast speed, and falling asleep while at the wheel. Driving under the influence is the other major cause of head-on collisions.

In addition to expensive medical bills, a victim of a Head-on collision crush injury may suffer additional financial losses due to the inability to continue working.

A crush injury occurs when two heavy objects compress or squeeze a body part. For example, a passenger’s legs may get squeezed under the dashboard in a head-on collision. A crush injury may damage the muscles, obstruct or completely stop blood flow to an organ, and may even cause tissue death. Some common symptoms of crush injuries include heavy bleeding, bone fractures, bruising, and loss of consciousness.

Crush Injury
Crush injuries are common in head-on car crashes. The vehicles involved in such an accident often are completely damaged, with the seats, steering wheel, dashboard, and other parts getting crushed. In many cases, the passengers inside the car suffer severe injuries. Immediate medical help is required in such situations.

A common injury sustained in a head-on collision is a crushed leg injury. A crushed leg injury occurs when the leg of the victim gets trapped under a heavy object or gets squeezed between two heavy objects. The consequences could be devastating and may even cause loss of the limb. A crushed leg injury may cause lacerations, major fractures, vascular damage, excessive bleeding, and bruising.

Consequences of a Crush Injury
Not all crush injuries are fatal. In case of mild crush injuries, necessary first aid treatment may suffice. However, some crush injuries cause serious medical complications and may even cause death. In addition to severe pain, a victim may develop a serious infection in the injured limb.

There is also the risk of serious bone fractures, and in some cases, the doctor may recommend an immediate surgery. In extreme cases, it may be required to amputate the damaged leg, while some crush injuries may trigger long-term complications, such as chronic pain, neurological and psychological disorders. Another severe outcome of a crush injury could be rhabdomyolysis, a medical condition that causes rapid destruction of skeletal muscles due to extensive muscle damage.

How to Deal with the Consequences of a Crush Injury
Crush injuries require immediate treatment. In most cases, the victim needs to be hospitalized and undergo a surgery. In some cases, long-term treatment will be required. Some symptoms may arise at a later stage and thus the patient needs to watch out for any long-term complications under the guidance of an experienced doctor.

Experience in a Full Range of Personal Injury and Wrongful Death Cases
At Miller Weisbrod, our team of attorneys can offer you the sound advice and concerted legal action you need in order to pursue financial justice and real recover after a serious personal injury or the loss of a loved one. From our office in Dallas, we serve clients nationwide.

We have substantial experience and a proven record of success in obtaining multi-million dollar settlements and verdicts in personal injury cases nationwide.

Motor vehicle accidents include:
Car accidents
Truck wrecks
Motorcycle accidents
ATV accidents
Bus crashes
Boating accidents

Contact Us
To learn more about your rights and legal options in seeking maximum financial recovery after a serious or fatal head-on collision, please call our Dallas office at 214.987.0005 to discuss your rights and legal options with an experienced trial lawyer.

We offer free initial consultations to potential clients nationwide. If you are calling from outside the DFW Metroplex, please use our toll-free line at 888.987.0005 or contact us by e-mail to schedule an appointment.

Monday, April 25, 2016

Worksite Guardrail Accidents



Electrician
On an apartment construction job in North Texas, an electrician Carlos knelt down and began to feed an extension cord from the second story balcony down to the ground so it could be plugged in below. Carlos placed his hand on the temporary guardrail that had been constructed as a fall protection safety precaution. Suddenly, the guardrail gave way propelling Carlos head over heels to the ground below. The impact broke his back leaving him a paraplegic.


The faulty temporary guardrail

Plumber
At another apartment complex job in Lewisville, a plumber named Jerry was at work inside a second story unit. Jerry was waiting on a delivery of plumbing equipment for the construction project. When he hears a honk, he walks to the second story balcony and places his hand on the temporary guardrail as he looks down to see if his delivery truck arrives. The next thing he knows he is falling straight down, guard rail in hand. The fall shatters Jerry ankle and hind foot joint ending his twenty plus year career as a Master Plumber.


Improperly secured temporary guardrail

Painter
On a new apartment construction job in Lubbock, a painter is told there is left over paint on a balcony on the third floor. It is a typical windy West Texas day. When the painter opens the door to the balcony, the wind effect pulls the door violently outward along with the painter. As the painter is thrown to the balcony he reaches for what is supposed to be there—the guard rail. But someone has removed it in order to stock materials for the upper floor, the painter is propelled off the balcony breaking his spine leaving him permanently paralyzed.

These are just a few examples of cases Miller Weisbrod attorneys have handled involving improperly constructed/maintained guardrails. OSHA 1926.952 sets that standard for guardrail construction and maintenance. The guardrail system must have a top rail that is 42 inches above the walking/working level—in order to prevent someone from being able to fall over the top of the rail. The system should have a mid-rail that is 21 inches from the working/walking level—in order to prevent someone from slipping underneath the rails. And the guardrail system must be capable of withstanding, without failure, a force of at least 200 pounds applied in any outward or downward direction along the top edge of the rail.

We see time after time, guardrails that are constructed in such a way that they do not withstand anywhere near the 200 pounds of pressure, allowing the rails to fail and send workers tumbling to the ground. The most common incidence is where guard rails are constructed or replaced by nailing the rails to the outside of the building rather than on the inside or onto an independent wooden member. This allows the guard rail to be pushed out (often with little force depending upon what it is nailed into) when someone places their hand on it for balance or just resting part of their body weight on it.

Other guardrail negligence occurs when guardrails are removed by trades for work or material stocking—the repeat offenders are typical the framing or stucco crews that remove the guardrails to place waterproofing wrap or stucco around balconies or landings or drywall contractors loading in their materials. Many times these guardrails are replaced incorrectly (as described above) or many times not replaced at all!

Our lawsuits are typically against either framing subcontractors or the general contractor for allowing the dangerous condition to exist or failing to maintain the guardrails correctly. Many general contractors contractually require the framing subcontractor to construct and maintain the guardrails throughout part of or the entire project.

Below are two excerpts from the cross examination of framing superintendents where guardrails were not maintained to withstand proper force:





Miller Weisbrod has partnered with law firms across the state of Texas on a referral and joint venture basis to pursue cases of catastrophic injury and wrongful death arising from construction and work site incidents. We would welcome the opportunity to work with you to obtain justice for your clients injured or killed on the job.

Contact Us
If you were seriously injured or a loved one died in an oil field or construction accident caused by a negligent contractor or subcontractor or OSHA safety violations, we encourage you to call our offices in Dallas today at 214.987.0005 or toll free at 888.987.0005 for a free consultation. You may also contact us by e-mail today for answers to your important questions or to schedule an appointment.

Thursday, April 14, 2016

More texting drivers in Texas and other states


In four states where texting and driving is not banned, a study by AT&T found drivers text at a rate 17 percent higher than in states where the practice is banned.

Comparing the 46 states with bans on texting to the four that do not – Texas, Missouri, Arizona and Montana – researchers with AT&T found drivers in the states without a ban have a roughly 17 percent higher rate of texting.

The study used AT&T customers with Android phones and logged their texting from moving vehicles. The information, which only included incidents of texting and shielded identities, was then analyzed with a host of other factors to get a valid sample of how likely people are to text while commuting in metro areas, Susanne Halstead, senior data scientist with AT&T, said Tuesday. (Data gathered by AT&T Drive Mode® application)

That means unlike surveys where people are "asked" about their texting habits behind the wheel; the study is based on actual incidents of people texting from a moving car and census data related to how many people drive alone or with someone.

Supporters of statewide texting bans said the findings demonstrate laws have a positive effect.

“There is concrete evidence that states with texting bans have fewer drivers who are texting,” said Kara Macek, spokeswoman for the Governors Highway Safety Association. “Which is the exact behavior we are trying to change.”

Forty cities in the state have a local ban, including Bellaire, Conroe, Galveston, Missouri City, Tomball and West University Place. But attempts to ban texting while driving in Texas have run into opposition or ambivalence in Austin, where Gov. Greg Abbott and his predecessor Rick Perry have both balked at a law they said controlled adult behavior.

The study, which provides valuable comparisons, Macek said, gives ban supporters more opportunity to urge for law changes but also another chance to warn drivers. Ultimately, she added, it is not about texting but all types of distractions that drivers confront.

Distracted Driving Statistics
Although teen drivers are the most susceptible group to distracted driving, nearly every age group participates in some type of distracted driving habits. According to Distraction.Gov, “An estimated 421,000 people were injured in motor vehicle crashes involving a distracted driver in 2012.”

Contact Us
If you were seriously injured, or a loved one died in a car accident caused by distracted driver, call the offices of Miller Weisbrod, LLP, located in Dallas, today at 214.987.0005 or toll free at 888.987.0005 for a free consultation with an experienced personal injury trial attorney. You may also contact us by e-mail for answers to your important questions or to schedule an appointment.

Distracted Driving has surpassed drunk driving deaths



Distracted driving has become rampant on roadways across the country, outranking drunk driving as our nation’s leading cause of auto accident fatalities.

Distracted driving-related crashes have skyrocketed over the last decade, as smartphones, music players, and navigation systems have grown in prevalence. Too often, drivers forget that cars can be dangerous weapons when handled improperly, allowing their attention to drift away from the task of driving in order to answer a text message, bite into a burger, or change a song. Texting while driving is especially dangerous since it takes a driver’s eyes off the road, hands off the wheel, and mind off the task of driving.

Right now, approximately 660,000 drivers are texting, talking on a phone, or using an electronic device in our country. Studies have found that no demographic is without guilt—drivers of all ages, genders, races, and backgrounds admit to engaging in distracted driving behaviors while driving.

Dangerous Driving Behaviors in Different Ages

Teen Drivers
Around one in three teens between the ages of 16 and 17 have reported texting while driving. But texting isn’t the only dangerous driving behavior that teens are likely to engage in. Many teens also have admitted to reading, doing homework, and changing their clothing while driving. Additionally, teen drivers can easily become distracted by passengers, especially when those passengers are their peers.

How to Reduce the Odds of an Accident
If you’re not comfortable with your teen driving a car full of rowdy passengers, set your own restrictions. If you do allow your teen to drive their friends around, make sure you talk to them about the dangers of distracted driving and the importance of staying focused on their environment—not the other people in the vehicle.

Ask your teen not to drive at times known to be particularly dangerous for teen drivers, or at least ask them not to drive at night (with an intermediate license in the state of Florida, teens should not be driving on their own after 11 pm anyway). Caution your teen to watch out for dangerous driving behavior— weaving or sudden acceleration and deceleration—and to leave plenty of room if they see a driver who may be drunk. If your teen does drink, make sure they know it is better to call you and ask for a ride than to risk driving home drunk and put their lives in danger.

Remember, just because your teen has earned their driver’s license doesn’t mean they are done learning about defensive driving and the rules of the road. Continue to instruct your teenager when you drive with them, and they will hopefully begin developing the skills necessary to reduce their chances of being in a crash.

Adult Drivers
A shocking 47 percent of adults who text say that they have texted or read a message while driving. Other common distracted driving behaviors among adult motorists that cause serious accidents include daydreaming, smoking cigarettes, and adjusting music or climate systems.

Senior Drivers
Today, there are more drivers aged 65 and older on the road than ever before. Senior drivers are 16 percent more likely than younger adult drivers to cause a crash due to deteriorating health, slower reaction time, and the influence of medications. When seniors engage in distracted driving behaviors, it’s usually a recipe for disaster—and when senior drivers text behind the wheel, they are four times as likely to accidentally veer out of their lane than younger adults or teen drivers.

How Technology Can Help


Of course, in-car technology isn’t all bad. While technology is often the cause of many distracted driving accidents, it can also be used to prevent it. Today, there are a variety of apps for your smartphone specifically designed to prevent distracted driving behaviors, such as:

Drive First
Sprint customers enjoy a free download of this handy app, which auto-responds to incoming text messages and redirects calls to voicemail during a drive. While the app prevents drivers from texting or making calls during a drive, it does allow emergency calls to certain numbers.

Drive Mode®
AT&T Drive Mode switches on automatically when a vehicle is in motion, auto-responding to text messages while allowing the driver to easily access music and navigation. Parents can even arrange to receive text message alerts if their kids ever turn off their app.

Safely Go™
Verizon’s distracted driving prevention app, Safely Go, allows drivers to access only three important apps and receive calls from three key contacts while driving. Calls are enabled through Bluetooth and other hands-free devices.

Distracted Driving Statistics
Although teen drivers are the most susceptible group to distracted driving, nearly every age group participates in some type of distracted driving habits. According to Distraction.Gov, “An estimated 421,000 people were injured in motor vehicle crashes involving a distracted driver in 2012.”

•    10% of all drivers under the age of 20 involved in fatal crashes were reported as distracted at the time of the
      crash.This age group has the largest proportion of drivers who were distracted

•    Drivers in their 20s make up 27 percent of the distracted drivers in fatal crashes
    – National Highway Traffic Safety Administration

•    At any given daylight moment across America, approximately 660,000 drivers are using cell phones or
     manipulating electronic devices while driving, a number that has held steady since 2010
     – National Occupant Protection Use Survey

•    Five seconds is the average time your eyes are off the road while texting. When traveling at 55mph, that’s
     enough time to cover the length of a football field blindfolded – VTTI

•    25% of teens respond to a text message once or more every time they drive. 20% of teens and
     10% of parents admit that they have extended, multi-message text conversations while driving
     – University of Michigan Transportation Research Institute

Contact Us
If you were seriously injured, or a loved one died in a car accident caused by distracted driver, call the offices of Miller Weisbrod, LLP, located in Dallas, today at 214.987.0005 or toll free at 888.987.0005 for a free consultation with an experienced personal injury trial attorney. You may also contact us by e-mail for answers to your important questions or to schedule an appointment.




Monday, April 4, 2016

Electronic Logbooks Truckers


Federal Mandate Could Mean Less Road Time for Truckers

Truck monitoring designed to increase safety, called costly
Weary drivers who clock hours of illegal overtime to make faraway deliveries and some who alter their paper logbooks to hide violations of regulations meant to reduce their risk of crashing.

“When a truck’s not moving, a driver isn’t making money,” said Trendell Dixon, a driver for Houston-based Leedy Logistics. “I see drivers just go, go, go.”

Some truckers skip or shorten mandatory rest periods structured to keep fatigue in check, creating a hazard on freight-heavy corridors like those that run through San Antonio. Because most drivers record their hours in paper logbooks, it takes only a few strokes of a pencil to conceal the extra time on the road.

Oversight of drivers is increasing as companies across the country, including W.W. Rowland in San Antonio and Reynolds Nationwide in Von Ormy, begin to replace their paper logbooks with digital ones in advance of a federal mandate.

Large Truck Crashes and Inspections
Last year, the Federal Motor Carrier Safety Administration(FMCSA) published a rule that requires most long-haul drivers to start using digital logbooks by the end of 2017. When the mandate takes effect, it will be easier for roadside inspectors to determine whether drivers are in compliance with hours-of-service regulations, set by the FMCSA in an attempt to cut down on large truck crashes.


Though the data suggest most truckers stick within their time limits, those who don’t are more likely to cause a serious accident. Using crash and violation data to model projections, the FMCSA has estimated electronic logbooks could help prevent about 1,850 crashes and 26 fatalities each year.

It is hard to predict how the mandate will affect the number of crashes. FMCSA data show Bexar county’s total crashes involving large trucks rose from 567 in 2011 to 762 in 2014, mirroring an increase in traffic.

Last year’s total fell to about 490 crashes, according to the FMCSA. The Texas Department of Public Safety recorded 44 carriers with hours-of-service violations during the same period. Many had multiple citations, and two had been involved in a crash at the time of inspection.

Improving Compliance
The paper logbooks that truckers for decades have used to record when they stop and start driving have made it difficult for law enforcement officials to monitor hours-of-service regulations — or time limits — set by the FMCSA in an attempt to reduce commercial vehicle crashes.

The regulations allow interstate truckers to be on duty for 14 hours following a break of least 10 hours.
While on duty, they’re allowed to drive for 11 hours and must take a break of at least 30 minutes within the first eight hours on the road.

The digital equivalents of paper logbooks, referred to as electronic logging devices, or ELDs, automatically track where a truck goes and how many miles it travels in a given period, creating a permanent record that company and law enforcement officials can more easily check.


“What’s going to happen is drivers are going to be more readily caught,” said Nick Wingerter, CEO of San Antonio-based consulting firm Truck Safety 1. “The (ELDs) enhance the ability of highway enforcement officials because they don’t have to do manual inspections of a driver’s handwritten log book. That’s where it’s really great in helping the safety of the highways.”

The FMCSA expects the mandate will reduce fatigue-related crashes by holding drivers and their employers accountable for their time at the wheel, but the total level of noncompliance within the industry is largely unknown. The agency noted the scope of the problem is difficult to measure because it cannot continually monitor every carrier and violators have incentive to hide their behavior.

The agency’s inspection data provide some insight into the extent of the noncompliance. Last year, inspectors discovered about 893,200 violations nationwide, about 15 percent of which involved time limits. Serious logbook offenses, including false records, lack of records and failure to retain seven days’ worth of records, accounted for about 10 percent of all violations.


In Texas, where thousands of trucks drive each day to or from Laredo, Houston and other major freight hubs in and around the state, roughly the same percentage of violations related to serious logbook offenses, while only 6.1 percent related to hours-of-service.

National Attention
Though fatigue is only one of many factors in large truck crashes, logbooks have come under scrutiny in a number of high-profile incidents. The National Transportation Safety Board(NTSB), which put electronic logbooks on its 2016 “most wanted” list of safety improvements, has identified fatigue as a central factor in about a fifth of the crashes it investigated between 2001 and 2012.

In January, the board cited fatigue as the probable cause of a 2014 crash in Illinois involving a truck driver who had slept for less than 4½ hours in the 37 hours before the incident.

The driver crashed into two stopped vehicles — a state police car and a tollway vehicle — on Interstate 88 one night in January. The collision killed the tollway worker and caused the patrol car to burst into flames, seriously injuring the officer. It was later discovered the truck driver had a history of falsifying his
logbook.

The accident bore some similarity to one that happened near Dallas in Sulphur Springs a decade earlier. In June 2004, a truck driven by a fatigued driver collided with an SUV stopped in traffic on Interstate 30, pushing it forward into another tractor-trailer, which then hit the car in front of it. The pileup caused a fire and killed the four occupants of the SUV and the fatigued driver, who was also found to have falsified his logbook on multiple occasions, according to the NTSB.

Several companies, particularly those with large fleets, began installing the devices well before the rule was published.

Some, like W.W. Rowland, are banking on better safety ratings on the FMCSA’s Compliance, Safety and
Accountability database. Within the last two years, drivers for the company have been inspected about 760 times and cited for 91 violations involving time limit or logbook issues, according to agency data.

The database scores help the FMCSA determine which carriers ought to be monitored or audited.

W.W. Rowland contracts with about 280 owner-operators, independent drivers who have their own trucks and often drive for multiple carriers.

Reynolds Nationwide employs drivers to man its fleet of 340 light-blue trucks, which haul milk, tequila and a range of other products. As of February, the company had nearly completed installing the devices in its trucks.

The company, which has been preparing for the mandate for the past two years, spent $630,000 to purchase the devices and plans to spend $15,000 a month to operate them, Nester said. During that period, company drivers were inspected 463 times, 81 of which involved time limit or logbook violations.

Not all truckers are eager to go paperless. Luther Forest, a driver for Houston-based Trinity Victory Trucking, said he thinks the devices are unnecessary, especially for drivers who can’t readily afford to
install them.

Industry Impact
It might not be as easy for other owner-operators and small carriers to adopt the devices. While the FMCSA drafted its rule, many opponents of the mandate raised concerns that installing them will prove too costly for companies without the time and money to operate them.

“Most of the nation’s freight is hauled by very small trucking companies,” said Lane Kidd, managing director for the Trucking Alliance, a national coalition of large trucking companies that has consistently supported ELDs. “That’s the segment that will be the last to put these devices on. A lot will decide if they can’t fudge those logbooks a little, they’ll just leave the business.”

During 2013-2014, more than 2,000 small carriers left the business, and Donald Broughton, of Nashville-based Avondale Partners, said more will likely follow. He anticipates companies will make about 5 percent less money from their assets when the mandate takes effect.

Contact Us
Miller Weisbrod has an impressive track record in obtaining multi-million dollar verdicts and settlements for trucking accident victims and their families.

Commercial transportation is a major U.S. industry with a vested interest in limiting corporate liability in truck accident cases. Many large companies maintain rapid response teams of trucking company attorneys, accident investigators and insurance adjusters who are on call 24 hours a day to respond immediately in the event of a serious or fatal truck accident. They have one goal: Minimize the ability of victims to seek the compensation they may be due.

Miller Weisbrod, LLP, represents victims of truck accident injury and wrongful death nationwide. Our Dallas truck accident attorneys are prepared to take on even the biggest trucking companies and commercial transportation operations across the United States. For more information, contact our offices in Dallas at 214.987.0005 to schedule an appointment.

If you need legal advice anywhere outside the DFW Metroplex, please call us toll free at 888.987.0005. You may also contact us by e-mail now for prompt attention or to request an appointment.

We welcome the opportunity to apply our years of experience, skill and demonstrated ability to produce real results in difficult and complex cases involving:

• Truck driver error & carelessness
Fraudulent logbooks
• Equipment failure and negligent maintenance
Aggressive driving and speeding
• Issues of corporate responsibility RE: encouraging the use of onboard computers and texting while driving
Truck underride accidents due to lack of underride protection or defective under guards

If you were hurt or a loved one was severely injured or died in a trucking accident, immediate investigation and concerted legal action may be necessary to protect your right to seek maximum recovery. Contact us today for a free consultation.

Thursday, March 17, 2016

Oklahoma City Doctor & Mercy Hospital-OKC sued for leaving surgical sponge in a patient


OKLAHOMA CITY DOCTOR AND MERCY HOSPITAL OKLAHOMA CITY SUED FOR FORGETTING SURGICAL SPONGE IN YOUNG WOMAN DURING KNEE SURGERY

In the spring of 2014 at the end of her junior year at Oklahoma Christian College, Whitney Jarvis was playing intramural soccer and tore the anterior cruciate ligament in her left knee. Dr. Hale performed ACL surgery on her on May 16, 2014, which was roughly six weeks after her injury.

Notwithstanding a purported sponge count and verification, a surgical sponge was not removed before closing the incision. A subsequent x-ray detected a Ray-Tec surgical sponge that had been left in her left knee. On May 20, 2014, four days after her initial surgery, Dr. Hale then surgically removed the foreign body surgical sponge that he had left inside her knee.

Whitney Jarvis has undergone three more operations to debride the resultant scar tissue, submitted to countless hours of physical therapy, and has yet to regain full function and range of motion of her left leg.

Retained surgical instruments are also considered a “never event” by the National Quality Forum, indicating a “preventable, serious, and unambiguous adverse event that should never occur.” Retained surgical instruments are considered a “sentinel event” by the Joint Commission on Accreditation of Healthcare Organizations, which indicate the need for an immediate investigation and response by the hospital.

Dallas attorney Les Weisbrod, a nationally-recognized medical malpractice attorney and past president of the American Association for Justice (the world’s largest trial lawyer association), is representing Whitney Jarvis.


Weisbrod said, “In this day and age, it is unbelievable that sponges are still left in patients. This case is a particularly egregious example of health care providers not paying attention and not caring about what they are doing. A knee is a small, enclosed space and to leave a sponge in it would seem obvious. The health care providers were just not paying attention. Moreover, everyone in Oklahoma City should know that when something indefensible like this occurs, Mercy Hospital has absolutely no interest in doing right by their patients. They made no attempt to offer Whitney any compensation until she got a lawyer, and even then, they invited this lawsuit rather than pay reasonable compensation for what Whitney has been through at her young age.”

Weisbrod also said that this incident was totally avoidable.

“Whitney and her family want to make sure this doesn’t happen to someone else in Oklahoma City. They hope that by calling attention to what happened and the need to file this lawsuit will serve as a wake-up call to health care providers in Oklahoma City to care about their patients, pay attention, and improve their systems so that others don’t have to suffer,” Weisbrod said.

Contact Us
If you or a family member suffered due to hospital negligence or nursing error, the trial lawyers of Miller Weisbrod, LLP welcome the opportunity to stand up for your rights and fight for financial justice. Please call our main offices in Dallas today at 214.987.0005 or toll free at 888.987.0005 for a free consultation. You may also contact us by e-mail today for answers to your important questions, or to schedule an appointment.

Wednesday, March 2, 2016

Demolition Construction Accident Verdicts



Some of the most hazardous construction operations involve the demolition of structures. In June of 2013, a building being demolished in Philadelphia collapsed onto an adjacent structure killing a half dozen people and seriously injuring more than a dozen more. This case brought to the front page news what our firm has seen time and time again in demolition construction accidents—there is no requirement under most state and local ordinances requiring a company obtaining a demolition permit to show any level of competence.

Several of our cases have highlighted this sad fact. Two years ago, a young husband and father was killed when a two-story chimney on house he was demolishing on the TCU campus collapsed on top of him. Our lawsuit against the employer revealed the company was a paving contractor that had only ever demolished portable buildings (cheap mobile home structures used at schools for temporary classrooms) on a single occasion. But when this paving company applied for a demolition permit from the city of Fort Worth to demolish nearly a dozen brick buildings (including a large church and a two story apartment building) no inquiry at all was made into the qualifications of a company that spent its entire time building and paving parking lots. When deposed, the company’s owner and superintendent admitted none of the crew, including the deceased, had any experience before the day of the collapse in demolition. He also admitted that he was completely unaware of any of the OSHA or industry demolition safety standards and he had no written demolition plan for any of the structures.


The remains of the demolished house on the TCU campus

Subpart T of the OSHA construction safety standards lays out the minimum requirements for demolition safety.

The very first section of the standard requires that an “engineering survey” be performed by a competent person before demolition operations begin. The stated purpose of this standard is to prevent any “unplanned collapse” during the demolition of the structure that could endanger workers or bystanders. This standard is almost universally violated in every demolition lawsuit we have pursued—usually because an inexperienced or incompetent company decides to take on a demolition job that it is not qualified to perform.

But this failure to perform engineering surveys is not just ignored when a paving company decides to become a demolition subcontractor. In another case, an actual demolition contractor failed to perform an engineering survey prior to beginning operations. As roof joists were being cut, the building collapsed upon other workers killing our client. What is unforgivable is that our investigation revealed the company had been cited by OSHA 3 years earlier for failing to perform an engineering survey during a surprise inspection by OSHA. Here are excerpts of our cross examination of the demolition company’s safety director that was hired just months after the first citation:



Following this deposition, we settled the gross negligence only death case (the employer had workers’ compensation insurance) for the full amount of all available insurance.

Contact Us
Miller Weisbrod has partnered with law firms across the state of Texas on a referral and joint venture basis to pursue cases of catastrophic injury and wrongful death arising from construction and work site incidents. We would welcome the opportunity to work with you to obtain justice for your clients injured or killed on the job.

Contact our office in Dallas at 214.987.0005 or toll free at 888.987.0005. You may also contact us by e-mail today for prompt answers to your questions or to schedule an appointment.

Monday, February 29, 2016

Rollover Accidents – Dallas Auto Accident Lawyers


Rollover car accidents are responsible for 35% of passenger fatalities

Rollover accidents cause more than 10,000 deaths in the United States every year, according to the National Highway Traffic Safety Administration (NHTSA). Even though rollover accidents represent only around two percent of the total number of crashes in the U.S., they account for around 35 percent of passenger vehicle deaths.

Types of Rollover Accidents
A rollover accident occurs when a vehicle turns upside down or topples onto its side due to sudden braking, turning, or a collision with another vehicle. It takes some time to bring a speeding car to a stop. If you do not allow a speeding vehicle enough time and use harsh braking or take a quick turn at a high speed, it could result in rollover of the car. If you apply a sudden brake, the tires of the car stop moving forward immediately, but the vehicle’s momentum tips the vehicle over. Whether the vehicle will tip onto its side or turn upside down depends on a number of factors, including its amount of inertia and the direction of the car.

Rollover accidents can be of two types. One type, called a tripped rollover, is more common than the other type called an un-tripped rollover.

Tripped Rollover
A tripped rollover occurs when a speeding vehicle comes off the roadway to the side of the road. As the tires of the vehicle come in contact with soft soil or get obstructed by a pothole or solid object on the road, the force of the tires causes the vehicle to tip over.

Untripped Rollover
An untripped rollover occurs when the tipping over is not caused by any obstruction from an object of the road.

Common Causes of Rollover Crashes
Knowing the cause of a rollover accident would help you determine who was at fault for the accident and who is liable to pay compensation any losses suffered. If you are aware of the common causes of rollover accidents, you’ll be able to take precautions to prevent this type of accident.

Speeding
A speeding vehicle is more likely to be involved in rollover accidents. Do not exceed the posted speed limit while driving.
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Drunk driving or drowsy driving
Drivers who are tired or driving under the influence of alcohol are susceptible to make sudden decisions behind the wheel, causing accidents. Over-correction by intoxicated or tired drivers is a leading cause of rollover accidents.
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Tire problems
Driving a vehicle with bald or flat tires is dangerous and often results in rollover accidents.

Common Injuries Caused by Rollover Accidents
Common injuries from rollover accidents include spinal cord injuries, broken bones, traumatic brain injuries, and internal injuries. Wearing a seatbelt could prevent 75 percent of rollover fatalities, according to the National Highway Traffic Safety Administration (NHTSA).

Contact Us
If you were severely injured or a loved one died in a vehicle rollover accident, we invite you to contact our Dallas offices at 214.987.0005 to discuss your rights and legal options with an experienced trial lawyer.

We offer free initial consultations to potential clients nationwide. If you are calling from outside the DFW Metroplex, please use our toll-free line at 888.987.0005 or contact us by e-mail to schedule an appointment.

Thursday, February 25, 2016

Common Types of 18-Wheeler Accidents



The weight and size of commercial trucks pose safety hazards for other vehicles sharing the road with them.

A truck can weigh anywhere close to 80,000 pounds and are not easily maneuverable as compared to passenger vehicles. A collision between a truck and a small car can have a disastrous outcome. Statistics reveal that a driver of a passenger car is 70% more likely to be killed in an accident with a large truck than in an accident with a car.

The type of truck accident is dependent on the circumstances surrounding the accident site. The seriousness of the accident and the severity of injuries sustained also depend on the type of accident.

Some accidents result in minor injuries, whereas there are others which can cause debilitating and life altering injuries and even death.

Types of Truck Accidents include the following:

Jack-Knife Accidents

This type of accident happens when the brake of the drive axle of the tractor-trailer locks up causing the trailer to start skidding. The skidding of the trailer stops only when the tractor and the trailer are at a 90-degree angle. During this skid, the driver does not have any control over the truck and any vehicle which gets stuck in the 90-degree angle can get dragged along. The truck, generally, tends to roll over after it comes to a stop.

Roll-Over Accidents

A truck rolling over its side or roof can have disastrous consequences for the truck driver as well as the occupants of any other vehicle getting stuck under the truck. A truck may roll over due to various factors such as high speed, sudden braking, steep incline or decline, taking a turn too fast, tripping over a curb, an obstruction on the road, or attempting to correct a drifting truck.

Rear-End Collisions

Large trucks, due to their large size and heavy weight, require a much larger distance to come to a complete stop after the application of the brakes. If the driver has miscalculated the distance, the truck can end up hitting the rear end of the vehicle in front.

Under-Ride Collision

This happens when a smaller vehicle crashes into a truck from behind or the side. Due to the size difference, the smaller vehicle can get stuck under the truck causing severe head injuries to the driver and passengers of the car, which may be fatal.

Road Construction Accidents

A truck driver may face difficulty in maneuvering a truck through a construction zone. An accident like a collision or a roll-over is extremely hazardous for the construction crew and small vehicle getting stuck in the way of the truck.

Contact the Texas Truck Accident Lawyers at Miller Weisbrod
If you or a loved one has been involved in an accident with 18-Wheeler semi-truck, seek help from the experienced Texas truck accident lawyers of Miller Weisbrod. We can help you receive compensation for your medical expenses, damages incurred, lost wages, and pain and suffering. Contact us today at (214)987-0005, or if you are outside the DFW area, call (888) 987-0005.

Tuesday, February 23, 2016

Traumatic Brain Injuries


Also known as “TBIs,” traumatic brain injuries are exactly what they sound like: serious injuries to the brain. Lately, TBIs have received more attention, especially due to the lawsuits filed by football players.

While sports injuries, including repetitive concussions, are known causes of traumatic brain injuries, automobile accidents are another major cause of TBI’s. The most widely reported brain injuries from car wrecks result from vehicle rollovers or occupant ejection. These often lead to catastrophic brain injuries, including skull fractures and other similar major traumatic injuries.

Surprisingly, a much more common cause (though under-reported) is from a rear end collision. Most of these brain injuries do not involve an obvious trauma like a skull fracture or facial wound. The mere serious whiplash of the head back and forth due to a violent rear-end collision can cause a life altering brain injury (physicians refer to this injury as a “Contra-Coup” injury (where the brain contacts the front of the skull and back of the skull due to the whiplash forces).

A Contra-Coup TBI can injure blood vessels in the brain and cause a slow bleed, which can create pressure that contributes to brain damage and even death. Or the bleeds and tears may be microscopic in nature, but nevertheless have serious consequences on the higher (executive level) functioning of the brain.

These injuries cause the neurons (transmitters) of the brain not to be able to relay the electrical messages of the brain as efficiently or quickly—leading to problems with memory, problem solving, emotion control and impulse control. These injuries can have lasting consequences.

Symptoms of a traumatic brain injury include:
1. Loss of Memory
2. Lack of Sleep
3. Dizziness
4. Balance Problems
5. Headaches
6. Fatigue

If you notice any of these symptoms, or if you just can’t think clearly after a car accident, then seek medical attention immediately. You should also consult a personal-injury attorney as soon as possible.

Miller Weisbrod has dozens of million and multi-million dollar verdicts and settlements on behalf of clients who have suffered all levels of TBI. Our demonstrated trial experience and proven record of results are just some of the many reasons clients continue to turn to us in their time of need.

Among other notable cases, Miller Weisbrod recovered $4,250,000 on behalf of a passenger in a truck who suffered a catastrophic brain injury as a result of being forcibly ejected from a truck in a serious motor vehicle accident as well as $1,500,000 for a client injured in a construction/worksite accident after falling from an unstable work platform

Contact Us
To schedule a free case evaluation regarding your TBI injury, please contact our office in Dallas at 214.987.0005 or toll free at 888.987.0005. You may also contact us by e-mail today for prompt answers to your questions or to schedule an appointment.

What to Look for When Searching for a Personal Injury Lawyer


Someone who decides to find a personal injury lawyer wants to choose the best person for the job. The person may have been injured in a car accident that wasn’t his or her fault. Consequently, the individual needs a lawyer who will help with the process of getting compensation. Take a look at a few things to consider before hiring a personal injury lawyer.

A Lawyer with Experience
Experience is one of the most important qualifications of a personal injury lawyer. In Texas, there is a Board that certifies lawyers who have actually tried cases and shown exceptional skill in passing a rigorous certification examination; these lawyers are Board Certified in Personal Injury Trial Law. A lawyer that has the required number of trials and the skills to become Board Certified are known to the insurance companies and increase the odds getting the best outcome for clients.. A person who is seeking compensation in a personal injury case will feel more at ease working with an experienced and qualified lawyer. Miller Weisbrod is an example of a firm with professionals who have experience with personal injury cases.

A Record of Success
Someone looking for a personal injury lawyer should also find out if the professional has a record of success with these types of cases. A record of success stands as proof that a lawyer has the qualifications to win a person’s case. Miller Weisbrod has an extensive track record in obtaining multi-million dollar verdicts and settlements for victims and their families. The attorneys at Miller Weisbrod are recognized leaders in plaintiffs’ personal injury trial law. Our experience, substantial resources, and proven litigation skill enables us to handle complex cases nationwide.

A Lawyer Who Focuses on Clients
A personal injury lawyer should be client-focused. This means that the lawyer returns a client’s phone calls and emails in prompt fashion. Also, the lawyer updates a client on the status of his or her case. A client-focused lawyer answers all of a client’s questions. Most people aren’t familiar with the process of going through a personal injury case. That’s why it’s necessary to have a lawyer who is willing to take the time to explain the various stages of the process.

A Lawyer that has the resources to take on the big corporations and insurance company
Clients in serious personal injury cases need a law firm that has the financial resources to take on the biggest insurance companies and the largest corporations. These companies will spare no expense in defending themselves. A personal injury victim should have a firm that puts them on equal footing with the person/entity that caused their injuries.

Finally, some personal injury cases take a long time to work their way through the court system. That’s why it’s important to consider all of the qualifications and resources of a lawyer before deciding to hire one. Someone who is trying to get compensation for an injury needs a lawyer who is dedicated to getting the best possible results for his or her clients.

If you were hurt or a loved one died, make the call to the experienced team that can act quickly to set you on the road to recovery. Call Miller Weisbrod, LLP toll free at 888.987.0005 for a free consultation.

Distracted Driver Attorneys in Dallas


The National Safety Council (NSC), estimated that during 2013, 35,200 people died in traffic accidents in the United States. In addition, the estimate included 3.8 million crash injuries requiring medical attention.

Driving while distracted has surpassed intoxicated driving deaths for the past seven years.

3 Leading Causes of Fatalities on the Road
The National Safety Council’s latest annual report, “Injury Facts® 2014”, illustrates details on “unintentional injuries” and the three most significant causes of fatalities on the road. The first two have been traditional ongoing problems for decades while the third leading cause is a new phenomenon due to the rapid advancement in technology:

Alcohol – 30.8%
Speeding – 30.0%
Distracted driving – 26.0%

10 Distracted Driving Habits That Lead To Accidents
“Distracted driving is any activity that could divert a person’s attention away from the primary task of driving. All distractions endanger driver, passenger, and bystander safety.”

• Texting
• Cell phone or smartphone usage
• Using a navigation system
• Allowing pets to ride in driver’s lap or arm rest
• Eating and drinking
• Reading, including maps
• Grooming
• Talking to passengers
• Adjusting a radio, CD player, or MP2 player
• Watching a video

Distracted Driving Statistics
Although teen drivers are the most susceptible group to distracted driving, nearly every age group participates in some type of distracted driving habits. According to Distraction.Gov, “An estimated 421,000 people were injured in motor vehicle crashes involving a distracted driver in 2012.”

Some alarming statistics about distracted driving:
• 10% of all drivers under the age of 20 involved in fatal crashes were reported as distracted at the time of the crash. This age group has the largest proportion of drivers who were distracted

• Drivers in their 20s make up 27 percent of the distracted drivers in fatal crashes – National Highway Traffic Safety Administration

• At any given daylight moment across America, approximately 660,000 drivers are using cell phones or manipulating electronic devices while driving, a number that has held steady since 2010 – National Occupant Protection Use Survey

• Five seconds is the average time your eyes are off the road while texting. When traveling at 55mph, that’s enough time to cover the length of a football field blindfolded – VTTI

• 25% of teens respond to a text message once or more every time they drive. 20% of teens and 10% of parents admit that they have extended, multi-message text conversations while driving – University of Michigan Transportation Research Institute

Contact Us
If you were seriously injured, or a loved one died in a car accident caused by distracted driver, call the offices of Miller Weisbrod, LLP, located in Dallas, today at 214.987.0005 or toll free at 888.987.0005 for a free consultation with an experienced personal injury trial attorney. You may also contact us by e-mail for answers to your important questions or to schedule an appointment.