Thursday, October 28, 2021

Boppy Newborn Lounger Safety Recall

Boppy Lounger Recall

8 Infant Suffocation (asphyxia) Deaths have been reported in association with Boppy Newborn Loungers. The U.S. Consumer Product Safety Commission (CPSC) recently announced the recall of about 3.3 million Boppy Original Newborn Loungers, Boppy Preferred Newborn Loungers, and Pottery Barn Kids Boppy Newborn Loungers.

The Newborn Loungers were sold from January 2004 through September 2021 at stores nationwide, including Pottery Barn Kids, Target, Walmart, and online at Amazon.com. The loungers pose a risk of suffocation to infants. The Boppy Loungers are an unsafe sleep environment for infants. If an infant rolls, moves, or is placed in a position that obstructs breathing–or rolls off the lounger onto a pillow or soft bedding that obstructs breathing—the infant could suffocate and die.

The mandatory safety recall illustrates growing alarm from regulators over the suffocation risks found in an expanding range of baby products. The CPSC recently required all infant sleep products meet federal safety standards by the middle of 2022, closing loopholes that permitted some potentially dangerous sleep surfaces to be sold.

Refund Information

Consumers should stop using these products immediately and contact The Boppy Company for a refund. Call toll-free at 800-416-1355, or visit the company’s recall page for more information.

  • Share the UPC or Item Number and Date Code on your Lounger
    a. The UPC or Item Number can be found on the front of the Care Label toward the bottom
    b. The Date Code is stamped on the back of the second label and is formatted XX-XXX
  • Provide a copy of your receipt if you have one, via email, text, or mail. This will help up determine the value of your refund
  • Provide a photograph via email, text, or mail that shows the destruction of the Lounger by cutting it in half to make it unusable

Product Liability Lawyers

If your child was injured or tragically killed while using this product, Miller Weisbrod, Attorneys At Law can help. Our Product Liability Lawyers have the proven legal skill and experience to handle the complex evidentiary issues involved in a wide range of defective product liability litigation, including:


The Product Liability Attorneys of Miller Weisbrod offer informed counsel and experienced representation to clients in Texas and nationwide. To discuss your case in a free initial consultation with an experienced lawyer, please fill out the contact form on this page to schedule an appointment. You can also call us directly at 214-987-0005 or toll free at 888-987-0005.

Tuesday, October 12, 2021

Common Causes of Traffic Accidents

Traffic Accident Causes
Traffic collisions are so common that they are the leading cause of accidental deaths in the United States. According to the Centers for Disease Control more than 32,000 people are tragically killed, and 2 million are injured each year from motor vehicle accidents. The majority of those accidents, driver’s negligence or a driver’s error is to blame for a life-altering traffic accident. Errors and negligence can develop in many ways; which is why Miller Weisbrod’s team of personal injury lawyers would like to discuss a few of the leading causes of fatal and injurious traffic accidents.

Common Causes of Car Accidents

In 2020, the Texas Department of Transportation recorded 483,164 motor vehicle accidents. These car accidents injured 205,498 people and tragically killed 3,896 others. Human error is the number one cause of car accidents. Negligent, careless, and reckless drivers cause an average of over 563 car accidents per day in Texas. Shockingly, there was an 18.94% increase in the number of car and truck accidents resulting in deaths from 2019.

In 2020, there was not a single day without a car wreck involving a death. More fatal car accidents occurred in October than any other month.

Car accidents resulted in thousands of serious injuries. Statistics show there were 12,107 serious injury car crashes with a total of 14,656 persons being injured. A total of 205,498 persons suffered an injury due to a car or truck accident in 2020.

  • Driving under the influence of alcohol or drugs
  • Speeding
  • Distracted driving
  • Faulty evasive action
  • Failure to yield
  • Failure to obey stop signs
  • Fatigued driving or falling asleep at the wheel

Driving under the influence, distracted driving, and speeding are the top contributing factors in fatal car accidents in Texas. If a negligent or reckless driver caused your car accident or took a loved one’s life, call now. Our car accident attorneys can help determine the cause of your car accident and file a claim or lawsuit against the at-fault person or company if the wreck involves a commercial vehicle or a person driving for work.

DRIVING UNDER THE INFLUENCE (DUI)

Data from the Department of Public Safety shows that impaired driving accounted for 31 percent of fatal traffic accidents. Even though impaired driving has been on the decline nationwide, this reckless driving habit still accounts for a third of deadly traffic accidents and leaves tens of thousands suffering.

The most deaths due to alcohol involved car or truck accidents occurred between 2:00 and 3:00 in the morning. It is clear, intoxicated drivers leaving bars at the end of the night continue to be a problem all across Texas. Saturday was the deadliest day for drunk-driving car accidents.
2008 - 2017 DUI Fatality Rate

SPEEDING

Speeding is another leading cause of fatal traffic accidents. Speeding contributed to 26 percent of all fatal accidents. Speed limits may be an inconvenience to some motorists, but they are actually developed with safety in mind. A motorist who is speeding could easily lose control of their vehicle, rear-end another motorist or cause an accident in a number of other ways. Speed also typically causes the resulting injuries to be more severe or deadly.
2012-2020 Speeding Fatalities

DISTRACTED DRIVING

Driver distraction is another leading cause of traffic accidents in the United States. According to the Department of Public Safety, distracted driving accounted for 9 percent of car accidents. Now that a majority of motorists have smart phones and use them behind the wheel, distracted driving continues to be a major safety hazard on the road. Cell phones are not solely to blame for distracted driving accidents, even activities like talking to a passenger, reaching for a cup of coffee or changing the volume on the stereo can lead to a tragic car accident.
2010-2018 Distracted Driver Fatalities
Any one of these unsafe driving habits can lead to an accident and life-changing injuries for all parties involved. If you have been injured in car or truck accident caused by a negligent driver, speak with a car accident lawyer and set up a case evaluation to see what moves you need to make next. You may be eligible for compensation for your medical expenses, emotional distress and any other accident-related expenses you incur.

Those who are injured in a traffic accident caused by the negligent actions of another driver can contact the car accident lawyers of Miller Weisbrod about their legal options. We offer sound legal advice, experienced representation and dedicated advocacy to victims of car accidents. Miller Weisbrod represents persons who have suffered serious injuries and families that have lost a loved one due to a car or truck accident across the State of Texas.

Contact our offices in Dallas at 214.987.0005 to schedule a free consultation with our experienced car accident lawyers. If you are calling from anywhere in Texas please call toll free at 888.987.0005. You may also fill out the form on this page to have your case reviewed by an attorney.

Thursday, October 7, 2021

Excessive Speeding Fatal Accidents

speeding
For the past twenty years, speeding has been a part of one-third of all motor vehicle fatalities. Excessive Speeding is a factor in nearly 10,000 fatal crashes every year in the United States.

Excessive Speed was a factor in 26% of all traffic fatalities in 2019. 23 people per day were tragically killed in a motor vehicle accident caused by excessive speeding. A crash is considered speeding-related if the driver was charged with a speeding-related offense or if racing, driving too fast for conditions, or exceeding the posted speed limit was indicated as a contributing factor in the crash.

Speeding reduces the reaction time the driver has to engage during a dangerous situation in order to avoid a crash, increases vehicle stopping distance, and reduces the ability of road safety structures (such as guardrails, impact attenuators, crash cushions, median dividers, and concrete barriers) to protect vehicle occupants in a crash.

Risk of crashes and injuries:
• Speeding increases the distance a vehicle and the driver’s response time to react to an emergency
• Speeding increases the distance needed to stop a vehicle
• Speeding increases the energy produced during the impact of a crash

Impact speed increases from 40 to 60 mph, the energy that needs to be controlled increases by 125%. At high speeds, the force of impact in a crash can be so severe that the structure of the vehicle cannot protect the driver and its passengers. The vehicle collapses into the occupant compartment, and likewise, airbags and safety belts cannot keep the forces on occupants safe.

The severe injuries typically seen in car crashes are fractures, head and traumatic brain injury (TBI), spinal cord injury, and crushing injuries that cause internal organ damage. These injuries worsen as the speed of one or more vehicles in the crash increases. As speed increases, so does the likelihood of death in a car accident.
speeding fatalities
Speeding Demographics
The amount of speed-related crashes to fatal crashes in 2019 decreased as the age of the driver increased. The number of female drivers who were speeding is smaller than male drivers across all age groups. Young male drivers in the 16-20 and 21-24 year age groups were the most likely to be speeding at the time of fatal crashes. In 2019, 30% of male drivers in these age groups involved in fatal crashes were speeding. In comparison, 17% of female drivers age 16 to 20 and 18% age 21 to 24 were in fatal car accidents involving excessive speeding.
speeding demographics
Accidents happen more often on local roads than interstates, freeways, and expressways. Interstate and non-interstate freeway and expressway fatal speeding accidents make up just 17% of the total. Non-interstate local, principal and minor arterials account for 63 percent of speed related traffic crash fatalities.

Road Conditions
Speeding becomes an extremely important factor for drivers involved in fatal crashes as roadway surface conditions become compromised.

Speeding on Dangerous Road Conditions:
• 16% of drivers on dry roads
• 19% on wet roads
• 39% on roads with snow or slush
• 40% on roads with moving or standing water
• 41% on roads with mud, dirt, or gravel
• 43% on roads with ice or frost
speeding deaths road conditions
Driving Under the Influence
Speeding and alcohol impairment often go hand-in-hand. 25% of speeding drivers under age 21 involved in fatal crashes are alcohol impaired (BAC = 0.08+ g/dL). Over 40% in the 21 to 44 age groups are impaired. The percent of alcohol-impaired drivers falls sharply to 32% among 55- to 64-year-old drivers and continues to decline as the driver age increases.
speeding deaths by DUI
Fatal Truck Wrecks
truck wreck speeding deaths
Excessive speeding is a leading cause of commercial truck wrecks in the United States. A speeding 18-wheeler has so much momentum that the resulting accident is very likely to result in severe injury or death. Commercial trucks accounted for 9.8 percent of the vehicles in fatal crashes.

If found guilty of a fatal accident caused by excessive speeding, a Commercial Driver License (CDL) holder may have their CDL disqualified for a specified amount of time if convicted of serious violations.

Excessive speeding violations can result in a 60-120 day CDL revocation. Exceeding the speed limit by 15 or more miles per hour in a Commercial Motor Vehicle (CMV) is considered a serious violation in all states. Driving negligently and causing a CMV-related fatality is considered a major violation. Major violations will result in a lifetime disqualification of a CDL.

Texas does not allow CDL holders to dismiss their ticket through defensive driving or a deferred adjudication program. With this violation the CDL holder may not be rehired by their employer or be able to find work elsewhere.

The Dallas Truck Accident Lawyers of Miller Weisbrod serve the needs of truck accident and injury victims in Texas and nationwide. Our dedicated investigative legal team is ready to gather the evidence about the cause of your accident.

Traffic Fatalities
From 2012 to 2020, 7,413 traffic fatalities were linked to excessive speed in Texas. This accounts for 31 percent of all speed-related traffic fatalities in Texas. Some cities accounted for a large portion of these deaths. These cities ranked as the five most dangerous cities in Texas, with a population of 250,000 or greater, for speeding fatalities. These include; Dallas, San Antonio, Fort Worth, Lubbock and Corpus Christi.

DALLAS
4.67 annual speeding fatalities per 100,000 residents
There were 377 speeding-related traffic fatalities from 2012 to 2017 — the highest number of deaths of any city in Texas. Dallas drivers are almost 50% more likely to be in a fatal speeding accident than drivers in Fort Worth.

SAN ANTONIO
3.68 annual speeding fatalities per 100,000 residents
There are an average of 56 speeding fatalities per year, which, when adjusting for population, is 35% greater than the average across similarly sized cities. San Antonio’s speeding fatality rate is 72% higher than that of Austin.

FORT WORTH
3.13 annual speeding fatalities per 100,000 residents
Fort Worth is one of the most dangerous cities in Texas for speeding, though residents can find some consolation in the fact that they are significantly safer than drivers in Dallas.

LUBBOCK
3.06 annual speeding fatalities per 100,000 residents
The northwestern Texas city of Lubbock was the site of 47 speeding-related traffic fatalities from 2012 to 2017, which was enough for it to rank as the fourth most dangerous in the state. This city's speeding annual fatality rate of 3.06 per 100,000 residents is 12% higher than the average across all of the cities in Texas with a population of at least 250,000.

CORPUS CHRISTI
2.65 annual speeding fatalities per 100,000 residents
There were 52 fatalities that resulted from speeding-related traffic accidents from 2012 to 2017. This is more than double the number of deaths that occurred in Laredo.

CONTACT MILLER WEISBROD
If you or your loved one were injured in a car accident that was caused by another driver’s negligence, you may be able to recover financial compensation for your injuries. To help determine whether you may be able to file a claim against the other driver, contact the Dallas Car Accident Lawyers of Miller Weisbrod to discuss your accident.

We offer aggressive and experienced representation to victims of injuries and their families caused by a truck or car accident in all Texas counties. For more information, we invite you to contact our main offices in Dallas at 214.987.0005 for a free consultation with our experienced personal injury trial lawyers. If you are calling from anywhere else in Texas, please call us toll free at 888.987.0005. You may also fill out the form on this page in order to receive a free case evaluation.

Clay Miller Injury Lawyer