Monday, December 9, 2019

Areas producing oil, gas in Texas see more crashes


By JOHN C MORITZ
By Corpus Christi Caller-Times

AUSTIN — Danielle Galvan was driving to Dallas from her parents’ home in the Panhandle when her compact Chevrolet Spark crashed into the rear of a tractor-trailer that was attempting to back up onto U.S. 287 about 10 miles west of Wichita Falls.

The 23-year-old aspiring fashion designer and model died in the fiery wreck on the night of March 6, 2018, leaving behind two children and a grieving extended family in Hereford, southwest of Amarillo.

The crash that claimed her life occurred on a highway that connects some of the largest and busiest oil- and gas-producing regions of Texas to the sprawling population center anchored by Dallas and Fort Worth.

Galvan was among the 1,673 people who lost their lives in 2018 while motoring through one of Texas’ five largest oil and gas plays, according to figures compiled by the Texas Department of Public Safety. That’s about half of all traffic fatalities in the state and represents a grim downside to the Texas resurgent energy sector that is helping to propel the state’s booming economy.

“It’s very scary out there right now,” said Richard Minnix, the owner of McClatchy Brothers, a Midland trucking company that serves the booming and oil-rich Permian Basin. “The biggest problem is distracted driving. It’s jacking with your cell phone, text messages.”

If you have been involved in a truck accident caused by distracted driving, contact Miller Weisbrod, Attorneys At Law right away to protect your right to just compensation. Immediate investigation and swift legal action may be required to protect your rights against trucking company and insurance carrier investigators who seek to limit their responsibility to pay.


The TxDOT figures still show speeding as the No. 1 cause of crashes in Texas, with distracted driving close behind. Lawmakers in 2017 banned texting and driving in Texas, but the crash rate still increased during the first year the law went on the books.

James Bass, TxDOT’s executive director, said driving conditions, especially in the energy-producing parts of the state, have changed dramatically with the uptick in production.

“A big increase in the number of heavy trucks and traffic on state and county roads adds to the complexity of driving — something we always need to give our full attention to, while also obeying traffic laws,” Bass said.

John Esparza, who heads the Texas Trucking Association, said trucks are to blame for only a fraction of the wrecks — both in the oil patch and statewide — even if crashes involving big rigs tend to draw an outsized share of news coverage.

Still, he said, much of the oil and gas production is taking place in rural Texas, where roads were built to accommodate less traffic.

“We’re becoming more and more congested, and there are more and more fatalities that involve everyone because some of the simplest things we are not doing well,” Esparza said. “And you throw trucks in the middle of all of that, you are seeing more trucks involved in that area in a disproportionate amount than they are for the whole rest of the state.”

The sprawling Permian Basin, which covers much of West Texas and extends into New Mexico and is perhaps the nation’s biggest producer of oil and gas, saw 485 highway deaths and 1,321 serious injuries in 2018. The number of traffic crashes increased 13% from 2017 and the fatalities jumped 20% from 2017.

But those figures run behind the more urbanized Barnett Shale, which includes Fort Worth and its suburbs and extends to the Wichita Falls area. Last year, 710 fatalities and 3,400 serious injuries were reported from crashes in the Barnett Shale.

Both Esparza and Minnix give TxDOT high marks for improving roads and expanding capacity in West Texas and in the other high-producing regions. The challenge is keeping up with the traffic needed to get workers and equipment to the oil fields, and to get the product to the market.

In Pecos, about 100 miles to the southwest and about 200 miles east of El Paso, oilfield activity is causing unheard-of traffic jams on the two-lane blacktops leading in and out of town.

The trucking association is helping TxDOT with a public-education initiative called "Be Safe. Drive Smart" that is aimed at the state's energy-producing regions. The campaign reminds drivers to:

• Always buckle up. That includes drivers and all passengers.
• Take into account the amount of traffic, road conditions, and weather when gauging how fast to drove.
• Put your phone away: no talking or texting when you're behind the wheel.
• Give large trucks plenty of space, and pass only when it's safe and legal to do so.
• Obey stop signs and traffic signals.
• Never drive under the influence of alcohol or other drugs.

Tuesday, April 16, 2019

Fisher‐Price recalled all 4.7 million of its Rock 'n Play Sleepers

A Consumer Reports investigation into the safety of the Fisher‐Price Rock ’n Play Sleeper—a product designed and marketed for babies to sleep on an incline—found that it is tied to at least 32 infant deaths.

The federal government and Fisher‐Price on April 5 issued a warning about the product, which safety advocates believe does not go far enough. Medical experts say babies should be placed flat on their back alone and free of soft bedding—and not at an incline—to minimize the risk of accidental suffocation. Products such as the Fisher‐Price Rock ’n Play Sleeper do not align with these recommendations.

The safety alert from the Consumer Product Safety Commission and Fisher‐Price includes a warning from the CPSC for consumers to stop using the product when infants turn 3 months old or “as soon as an infant exhibits rollover capabilities.”

The alert cites reports of “10 infant deaths in the Rock ’n Play that have occurred since 2015, after the infants rolled from their back to their stomach or side, while unrestrained.”

Fisher‐Price confirmed that the company is aware of approximately 32 fatalities since the 2009 introduction of the Rock ’n Play Sleeper, including the 10 noted in the joint release with the CPSC.


History of a Dangerous Products
  • 2010 Fisher‐Price Trike Recall | 10 reports of incidents resulting in injury
  • 2010 Fisher‐Price Recalls Healthy Care, Easy Clean & Close to Me High Chairs |
    14 reports of injury
  • 2009 Skull Fracture Prompts Recall of Fisher‐Price 3‐in‐1 high chairs
  • 2009 Largest Crib Recall in US History: Stork Craft drop‐side cribs that bear the Fisher‐Price logo |
    4 infants have died after becoming entrapped in the drop‐down side mechanism.

The attorneys of Miller Weisbrod have the proven legal skill and experience to handle the complex evidentiary issues involved in a wide range of defective product liability litigation.

If your infant was injured or tragically killed due to a defective consumer product, we encourage you to call our offices today at 214.987.0005 or toll free at 888.987.0005.

Thursday, January 17, 2019

Four leading causes of worker deaths on construction sites

FATAL FOUR

According to OSHA, the leading causes of worker deaths on construction sites were falls, struck-by-object, electrocutions and caught-in/between. These “Fatal Four” were responsible for more than 64% of the construction deaths in 2015.



FALLS

The leading cause of construction workplace deaths in 2015 was from falls and each year more than 100,000 injuries and deaths are attributable to work-related falls. Falls are a leading cause of fatalities and serious injuries, in construction as proper fall protection is not always equipped at sites. Employers must protect their workers and take the following steps to ensure their safety.

  • Provide a guard rail and toe-board around every elevated open sided platform, floor, and runway, as well as around dangerous machines and equipment
  • Include safety harness and line, safety nets, stair railings and hand rail if required on the job site
  • A general contractor ignored its own requirements for safety training of a subcontractor workforce. As a result, Fernando Canales never received training in how to properly use his fall protection equipment. Fernando fell two stories and hit the ground because the equipment was hooked up improperly. Fernando was left paralyzed. When the general contractor refused to tender their insurance limits, Clay Miller tried the case to a Dallas County jury in October 2017, and obtained a verdict of $26,500,000, including $15,000,000 of punitive damages.

  • Select and provide required personal protective equipment to workers and train workers about job hazards in a language that they can understand
STRUCK-BY-OBJECT

The second leading cause was struck-by-object which includes objects that are falling (suspended load coming loose), flying (thrown tools or debris), swinging (load swaying) or rolling (vehicle or heavy equipment in motion). In these scenarios, workers are often caught off guard and do not have enough time to react and move out of the way. To help ensure worker safety you can practice these prevention tactics.

  • Wear safety glasses, goggles or a face shield when using power tools and ensure protective guards are in good condition
  • Secure tools and materials using toe boards, screens, and debris nets
  • Avoid areas where work is being performed above and always wear a hard hat at all times while on the construction site
  • Never position yourself under a suspended load, always verify that the heavy equipment operator sees you, and steer clear of vehicles and heavy equipment in use
ELECTROCUTION

The third leading cause of construction workplace deaths in 2015 was electrocution. In fact, electrical hazards cause more than 300 deaths and 4,000 injuries in the workplace each year. Electricity is a serious workplace hazard, and sadly many of these injuries and fatalities could be easily avoided by taking the following precautions.

  • Provide safety training and the proper personal protective equipment (PPE) for your employees
  • Reinforce the importance of always wearing PPE even if employees think it slows them down, or they are experienced so are not at risk
  • For Arc Flash protection in particular use PPE that has an arc rating equal to or greater than the calculated incident energy
CAUGHT-IN-BETWEEN

The fourth leading cause of construction workplace deaths in 2015 was caught-in-between. These are accidents where a worker’s body part is caught, crushed or squeezed between two or more objects and happen as a result of collapsing materials; body parts pulled into unguarded machinery and equipment rollovers. So how can you prevent these caught-in-between accidents?

  • Be familiar with equipment to know where the pinch, sheer, wrap and crush points are located, as well as pull-in areas
  • Shut down equipment before doing repairs or inspections and chock the wheels on equipment that could move or roll
  • Keep your focus on what you are doing and watch for people carrying objects that block their view
  • Encourage employees to wear close-fitting clothing, leave their jewelry off while at work, and pull back long hair into a bun to prevent being caught in moving machinery
CONTACT US

Our attorneys have won several multimillion dollar verdicts and settlements on behalf of construction accident victims and their families. Our record of proven results is one of the many reasons individuals choose our firm to handle their cases.

If you were seriously injured or a loved one died in a 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 to schedule a free consultation.