Motorcycle Accident Attorneys

A motorcycle crash is a complex event involving the interaction of human, vehicle, and environmental factors. More than 80% of all reported motorcycle crashes result in injury or death to the motorcyclist. The motorcycle itself provides no head injury protection to the rider or passenger. Ejection from the motorcycle is a common injury. If a motorcycle comes to an abrupt stop and the rider is ejected, the rider will impact objects in the path as well as the ground.

MOTORCYCLE CRASHWORTHINESS

A motorcycle lacks the crashworthiness and occupant protection characteristics of a normal automobile. An automobile has more weight and bulk than a motorcycle. It has door beams, a roof, airbags, and seat belts. It is also more stable because it is on four wheels. What a motorcycle sacrifices in weight, bulk, and other crashworthiness characteristics is somewhat offset by its agility, maneuverability, ability to stop quickly, and ability to swerve quickly when necessary.

According to the Texas Department of Transportation, despite less traffic on the road in 2020 and a 2% reduction in motorcycle crashes, safety officials are alarmed by a 17% increase in Texas motorcycle fatalities compared to 2019. On average, a motorcyclist is killed in a crash on Texas roads every day—last year there were 482 fatal motorcycle accidents. Motorcyclists account for 12% of all traffic fatalities statewide.

In 2019, motorcycles accounted for 3% of all registered vehicles in the United States, but motorcyclists made up 14% of all traffic deaths, according to the National Highway Traffic Safety Administration (NHTSA). And an estimated 84,000 motorcyclists were injured in accidents that year.

The Texas Transportation Institute (TTI) reports that fatal crashes between motorcyclists and drivers often occur when drivers misjudge the motorcycle’s distance and speed and make left turns in front of an oncoming motorcyclist. Last year, almost one-third of Texas motorcycle fatalities occurred in an intersection or was intersection-related. TTI also points to driver inattention as a contributing factor to motorcycle crashes. Motorcyclists Killed & Injured | Fatality & Injury Rates: 2010-2019

Miller Weisbrod recovered $3,000,000 on behalf of a client who suffered a traumatic brain injury as a result of being struck by a truck trailer.

COMMON CAUSES OF MOTORCYCLE ACCIDENTS

Several things can cause motorcycle accidents, including negligence on behalf of the motorcycle driver. However, most accidents are caused by the negligence of the other drivers on the road.

Vehicles Making Left-Hand Turns
Collisions between cars making left-hand turns and motorcycles are common, and often deadly. In 2019, NHTSA reported that in nearly half of all fatal crashes involving a car and a motorcycle, the car was turning left at the time of the crash.

Cars turning left typically strike oncoming or passing motorcycles in intersections. Common reasons for left-turn accidents include driver distraction, low visibility (it's often hard for drivers in cars to see and judge the speed of motorcycles), and speeding.

Drivers turning left must yield to other traffic. Motorcyclists might share fault in left-turn accidents if they speed, run a red light, or ride in the wrong lane.

Collisions
Motorcyclists are vulnerable when they collide with other motor vehicles and fixed objects (like trees, guardrails, fences). Unlike passengers in a car, bikers aren't shielded by a metal frame, or cushioned by airbags.

Motorcycles in Head-On Collisions
According to the 2019 NHTSA report, just over half of the 5,114 motorcycles involved in fatal accidents included another moving vehicle. In three-quarters of those accidents, the car struck the motorcycle in the front. (Only 7% of motorcycles were rear-ended.)

Head-on collisions are one of the most dangerous kinds of accidents for riders because of the mismatched amount of force involved (cars weigh roughly four times as much as motorcycles) and the lack of safety features on motorcycles.

Collisions between Motorcycles and Fixed Objects
Motorcyclists were also more likely to die in collisions with fixed objects, compared with people in passenger cars in 2019. For example, motorcyclists can be severely injured or killed when they veer off a rain-slicked road and hit a tree, fence, or guardrail. Of the 5,114 fatal motorcycle accidents in 2019, 23% were collisions with fixed objects, compared to 16% for passenger cars, 13% for light trucks, and 4% for large trucks.

Road Hazards
The driver of a car may not notice things like uneven road surfaces, gravel on pavement, and railway tracks. But bikers need to be extremely aware of common hazards like these. Because motorcycles are smaller and less stable than a car, irregularities and unexpected objects in the road can cause a motorcycle to crash.

Lane Splitting
Lane Splitting is when a motorcycle snakes or weaves between a line of stopped or slowly moving cars. Lane splitting is a common cause of motorcycle accidents because cars do not expecting any vehicle to pass them in slowed or stopped traffic, and there is very little room for motorcycles to maneuver when they weave between cars.

As of 2021, only a few states allow lane splitting. If an accident happens when a motorcycle is lane splitting, there's a good chance the motorcyclist will be found at fault.

Riding Behaviors
Motorcyclists might not be able to control factors like road hazards, but they can control their own riding behaviors. Some motorcyclists are willing to break the law and violate safety rules when they ride.

Riding Under the Influence
Alcohol is involved in 25% of motor vehicle accidents. Intoxication can affect car driver’s ability to recognize motorcycle riders, and pedestrians.

• Impacting their distance and depth perception. This makes motorcycles harder to see from a distance.
• Lowering straight line driving performance by affecting steering wheel control. This is why drunk drivers can be observed swerving and crossing into opposite lanes, which is dangerous for lane sharing or splitting motorcycles.
• Limiting their vision. An intoxicated driver is less likely to see a pedestrian or rider until it’s too late.

Speeding
Light and more powerful motorcycles (like sport and super-sport bikes) encourage speeding and other high-risk behavior. 33% of motorcycle riders in fatal crashes in 2019 were speeding. Younger riders are even more likely to be involved in fatal accidents while speeding. Half of all riders in the 21-24 age groups who died in motorcycle accidents were speeding when they crashed.

Not Wearing a Helmet
One of the easiest things a motorcyclist can do to stay safe is to wear a helmet. The NHTSA estimates that for every 100 motorcycle riders killed in crashes while not wearing helmets, 37 of them could have been saved had they worn a helmet.

In Texas, helmets are required for any rider under the age of 21. Riders over the age of 21 may forego wearing a helmet if they obtain the proper certification or insurance coverage.

Motorcycle Insurance: Texas motorcyclists must carry the minimum liability coverage: $30,000 bodily injury coverage for each injured person in an accident, $60,000 bodily injury coverage total per accident, and $25,000 property damage coverage per accident. This coverage is known as “30/60/25 coverage.”

In a motorcycles accident, the riders lack the protection of an enclosed vehicle, so they are more likely to be injured or killed. The federal government estimates that per mile traveled in 2019, the number of deaths on motorcycles was nearly 29 times the number in cars.

Because traumatic head injuries are common among fatally injured motorcyclists, helmet use is important. Helmets are 37 percent effective in preventing motorcycle deaths, and 67 percent effective in preventing brain injuries. Only 18 states and the District of Columbia mandate helmet use by all riders.

Although the decision to wear a helmet is at the rider’s discretion if over the age of 21, helmets have been proven to save lives.

Our team also recovered $2,750,000 for another client injured in a motorcycle accident when another vehicle failed to yield.

OUR TEAM

Our motorcycle accident attorneys are dedicated to guide you through the process of a claim and a possible lawsuit.
Our experienced Motorcycle Accident Attorneys can assist with the following:

• Assist you in getting the medical help you need – Motorcyclists do not have the luxury of being protected by the frame of a car. As a result, they can suffer severe head, neck, back, arm & leg injuries. Our staff will work tirelessly to help you find the right doctor for your specific injury.
• File claims to repair or replace your motorcycle – Getting your motorcycle fixed or finding a new motorcycle may be your immediate concern.
• Investigating your crash – Our professional investigators can obtain and review the police report, analyze the accident scene, study crash photos and interview witnesses. We also consult with accident reconstruction experts who can explain why your motorcycle accident occurred and who was responsible.
• File a lawsuit in the proper court – If your case cannot be settled without litigation, we can file a lawsuit in the right venue and begin litigating your case. If needed, we can seek court orders to require the vehicle driver to provide information that he or she may be withholding.
• Negotiate a settlement or go to court – We prepare for all of our cases to go to trial. This gives us an advantage when seeking a settlement from the insurance company. We are aggressive at the negotiation table and persuasive in the courtroom. We aim to maximize your recovery.
• Collect your verdict or settlement – Even after a settlement is reached or a verdict is returned, steps must be taken to collect what you are owed. We will work diligently to collect and disburse the funds you are owed as quickly as possible so that you and your family can move on with your life.

CONTACT A MOTORCYCLE ACCIDENT ATTORNEY

If you or your loved one were injured in a motorcycle 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 Motorcycle Accident Attorneys of Miller Weisbrod to discuss your accident.

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 Dallas/Fort Worth area, please call toll free at 888.987.0005. You may also contact us by filling out the form on this page to schedule your free consultation.

Read More

Traumatic Brain Injuries (TBI)

WHAT IS A TRAUMATIC BRAIN INJURY (TBI)

A traumatic brain injury, or TBI, is an injury that affects how the brain works. TBI is a major cause of death and disability in the United States. Anyone can experience a TBI, but data suggest that some groups are at greater risk for getting a TBI or having worse health outcomes after the injury.

There were about 61,000 TBI-related deaths in the United States in 2019. That comes to roughly 166 TBI-related deaths every day. TBIs affect the lives of people of all ages. Anyone can experience a TBI, but data suggest that some groups are at greater risk of dying from a TBI or experiencing long-term health problems after the injury.

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 accidents result from vehicle rollovers or occupant ejection. Car accidents are the second leading cause of TBIs, making up 17.3% each year, right after falls, which make up just over 35% of traumatic brain injuries. These often lead to catastrophic brain injuries, including skull fractures and other similar major traumatic injuries.

The majority of 18-wheeler truck wrecks will involve some level of traumatic brain injury. Traumatic brain injuries (“TBI”) occur when a bump, blow, or a jolt to the head disrupts the normal function of the brain.

Surprisingly, a much more common cause is from a rear-end collision. Most of these brain injuries do not involve obvious trauma like a skull fracture or facial wound. The 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 “contrecoup” injury (where the brain contacts the front of the skull and back of the skull due to the whiplash forces).

A contrecoup 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. Contrecoup brain injury involves a contusion remote from, and opposite to, the actual site of impact to the head. A Contrecoup brain injury is an injury mainly prevalent in truck accidents given the large force of a rear-end collision from a commercial truck or tractor-trailer.

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.

TRAUMATIC BRAIN INJURY SYMPTOMS

Traumatic brain injury often occurs as a result of a severe sports injury, car accident, or 18-Wheeler accident. Immediate or delayed symptoms may include confusion, blurry vision, and concentration difficulty. Infants may cry persistently or be irritable.

Unlike other injuries, the full impact of a traumatic brain injury (TBI) may not be fully known at the time of the accident or even at the time of treatment.

Symptoms may appear days or weeks after an initial diagnosis, and could result in additional − and often expensive − medical treatment. Therefore, if you or a loved one has suffered a head injury due to the negligence of another, you should consult with an experienced personal injury attorney right away to ensure all your expenses − both now and in the future − are protected.

Symptomatic Experiences:

• Cognitive: amnesia, inability to speak or understand language, mental confusion, difficulty concentrating, difficulty thinking and understanding, inability to create new memories, or inability to recognize common things
• Behavioral: abnormal laughing and crying, aggression, impulsivity, irritability, lack of restraint, or persistent repetition of words or actions
• Mood: anger, anxiety, apathy, or loneliness
• Whole body: blackout, dizziness, fainting, or fatigue
• Eyes: dilated pupil, raccoon eyes, or unequal pupils
• Gastrointestinal: nausea or vomiting
• Speech: difficulty speaking or slurred speech
• Visual: blurred vision or sensitivity to light
• Also common: persistent headache, a temporary moment of clarity, balance disorder, bleeding, bone fracture, bruising, depression, loss of smell, nerve injury, post-traumatic seizure, ringing in the ears, sensitivity to sound, or stiff muscles

PHYSICAL SIGNS OF TBI DAMAGE

• Headache - Dull or sharp pain within the skull. Can occur anywhere with the cranium including areas away from the point of injury
• Pain around or above the neck - Normally associated with whiplash. The head does not have to be hit for internal damage to occur. The brain tissue is harmed when hitting the inside of a person’s skull
• Bleeding or bruising to any part of the head - Most obvious sign of minor to severe TBI. This includes nose bleeds, cuts or deep bruising to the face, neck or head
• Hearing issues - People can lose hearing in one or both ears, hear ringing or high pitched noises that are not present
• Eyesight problems - Dizziness, Blurred vision, seeing spots or blind spots. People have a hard time focusing or experience changes to vision after knock to head
• Jaw pain - Normally occur from an act of violence or punch. A blow to the jaw can transfer force to skull resulting in damage to brain
• Nausea or Vomiting - Similar to motion sickness or seasickness effect. People feel off balance indicating internal damage to the head

MENTAL SIGNS OF TBI DAMAGE

• Confusion - People are easily confused or disoriented. They can’t remember basic information
• Changes in mood - Agitation and combativeness levels are higher
• Mental Status - Days and weeks after an incident a person’s normal behavioral patterns change. Become more aggressive, depressed or anxious
• Sensitivity to light & sound - Normal sounds and well-lit rooms cause irritation, headache or pain. Suffers of TBI will prefer dark quite rooms

TYPES OF BRAIN INJURIES

When a doctor's mistake (Medical Malpractice) or simple inattention allows a treatable medical condition to result in permanent brain damage, the Traumatic Brain Injury Attorneys at Miller Weisbrod, Attorneys At Law are here to fight for full financial recovery for the victims and their families. Based in Dallas, we serve clients throughout Texas and nationwide.

Head injuries are categorized in three types - Mild, Moderate and Severe. These can have multiple symptoms in common.

Mild Brain Injury

• Concussion resulting in changes to your mental status
• Loss of consciousness from 0 to a maximum of 30 minutes
• Confusion, dizziness, fatigue, memory loss, mood changes and headaches
• Medical exams and tests (MRI & CAT Scans) may not show damage

Moderate Brain Injury

• Concussions and Mild symptoms will be present. These issues will last longer and get worse overtime
• Loss of consciousness from 15 minutes to 5 hours
• Same symptoms of mild injury but worse
• Medical exams and brain scans will be used reveal brain tissue damage

Severe Brain Injury

• Loss of consciousness for more than 5 hours
• Obvious swelling of head
• Results in permanent neuro-biological damage
• Results in a permanent lessening of cognitive abilities and sensory functions
• Medical exams MRIs & CAT scans will necessary to assess extent of and area of damage

TRAUMATIC BRAIN INJURY TREATMENTS

Treatments for TBIs depend on the severity of symptoms. Treatment may involve rest, medication, or surgery.

MEDICATIONS
Medications include diuretics that help eliminate extra water from the body. It's also prescribed to treat high blood pressure.

SURGERY
Depending on the severity of the injury, a decompressive craniectomy may need to be performed. This is the surgical removal of part of the skull so that an injured brain can swell without being squeezed.

THERAPY
Rehabilitation is the retraining the brain's pathways to improve mental and physical functioning after an illness or injury.

Cognitive behavioral therapy is a talk therapy focused on modifying negative thoughts, behaviors, and emotional responses associated with psychological distress.

Anger management therapy includes practicing mindfulness, coping mechanisms, and trigger avoidance to minimize destructive emotional outbursts.

Counseling psychology is a branch of psychology that treats personal problems related to school, work, family, and social life.

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.

CONTACT MILLER WEISBROD

Miller Weisbrod has dozens of million and multimillion 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.

To schedule a free case evaluation regarding your Traumatic Brain Injury (TBI), please contact our office in Dallas at 214.987.0005 or toll free at 888.987.0005. You may also contact us by filling out the form on this page for answers to your questions or to schedule an appointment.

Read More

Posted in 18-wheeler accident, brain injury, brain injury lawyers, car accident injuries, medical malpractice injury, TBI, traumatic brain injuries, traumatic brain injury, truck wrecks | No Comments |

Fatal Oil and Gas Industry

The oil and gas industry is one of the most dangerous jobs in the United States. Oilfield injury claims have increased as the demand for oil has increased. Crews are forced to work harder and faster, and often the proper safety measures are not in place. The oil and gas industry is a highly lucrative business that attracts hundreds of thousands of potential employees a year. There is a promise of hefty salaries with very little to no experience or training necessary. Oilfield injuries are extremely common.

Miller Weisbrod's experienced oilfield accident attorneys have handled all types of cases, involving:

• Pipeline explosions
• Electrocutions
• Dangerous Gases
• Equipment failures and collapse
• Improper Training

Fatal Oilfield Accidents

According to the Centers for Disease Control and Prevention, out of the 876 active rigs, a total of 69 fatal work injuries occurred in the oil and gas extraction industry in 2017. The three most frequent fatal events were transportation incidents (42 percent), contact with objects and equipment (24 percent), and fires & explosions (14 percent). Texas leads all states in fatal oil and gas incidents with 44.

Nonfatal Work Injuries

Oil industry workers often feel pressure to sacrifice safety for productivity. There are no clear training protocols when operating heavy machinery or navigating elevated rig decking. Workers also have to handle hazardous materials and often do not receive very much training to prepare for the dangerous affects.

Little to no training leads to dangerous situations. The most common type of oil rig injury is when a falling object strikes a worker, often from collapsing decking or work rigs. The next most common accident is workers getting caught in malfunctioning equipment, or sustaining a crush injury.

Common Oilfield Injuries:

• Finger or fingertip amputation
• Bone fractures
• Traumatic brain injuries
• Puncture wounds and lacerations
• Burns, including chemical burns
• Hearing loss
• Vision loss

Dangerous Oilfield Gases

Oilfield injuries, like burns and chronic illnesses are less common. This is due to the likelihood that oilfield workers will need to handle a variety of hazardous materials, such as hydrogen sulfide gas. These gases are often highly combustible. Fires and explosions are more common. Oilfield workers are also subject to materials like airborne silica and diesel particulate matter. These materials are harmful to the skin, eyes, and lungs. If oilfield workers neglect the proper safety equipment when working with these chemicals, illnesses, burns, and even death can result.

Opening “thief” hatches of storage tanks can lead to the rapid release of high concentrations of hydrocarbon gases and vapors. Those may result in very low oxygen levels and toxic and flammable conditions around and over the hatch. Recent reports have documented fires or explosions, and described workers experiencing dizziness, fainting, headache, nausea, and, in some cases, death while gauging tanks, collecting samples, or transferring fluids. Tank gauging, thieving, and fluid handling can be performed safely with proper precautions.

The Fast-Paced Oil Industry

The high demands of the oil industry push its employees to the very brink of their productivity. To meet these demands, workers may cut corners in order to increase productivity. Cutting corners is common on an oil rig. To complete tasks on time, workers may ignore safety procedures or proper safety equipment.

Inadequate Training

The oil industry draws many employees due to the high wages combined with the lack of training needed. Oil rig work actually requires a significant amount of training. Oilfield workers are responsible for an abundance of heavy machinery. If management does not maintain this equipment, or if the operator does not have proper training, this becomes dangerous. Many oil rig injuries result from malfunctioning or broken equipment.

Oil and Gas Industry Injuries and OSHA

The Occupational Safety and Health Administration (OSHA) collects information on oil rig injuries from many major oil and gas companies in the United States. Since 2015, OSHA requires oil and gas companies to report all severe injuries.

Before 2015, OSHA only required companies to report fatalities or catastrophic accidents that hospitalized more than 3 employees. OSHA uses this data to manage and evaluate oil rig injuries and implement better safety procedures. OSHA’s data is incomplete, as 21 states are exempt from reporting. This includes many states with huge oil and gas industries. Despite this incomplete data, OSHA makes it clear that the oil and gas industry’s high injury rate is due to the many safety hazards of the job and the lack of training against them.

Lack of Safeguards

Training is not the only safety measure available to oilfield workers. Safety equipment is also important, and though some safety equipment is present, it isn’t always adequate. For example, oil rig workers wear hard hats. In case of a fall, or a heavy piece of falling equipment, or an explosion, hard hats aren’t adequate. Because of this, traumatic brain injuries are common.

Under the Occupational Safety and Health Act of 1970, employers shall furnish to each employees employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees.

To counteract these types of injuries, OSHA recommends the active monitoring of chemicals and equipment. OSHA also recommends proper head, eye, face, and respiratory protection. OSHA also recommends that oil rigs implement regular inspection of equipment. They should also have comprehensive maintenance plans. This includes utilizing safety control devices like tripwires, two-handed controls, and barriers such as gates and protective shields.

OSHA Regulation 1910.132(a) Protective equipment, including personal protective equipment for eyes, face, head, and extremities, protective clothing, respiratory devices, and protective shields and barriers, shall be provided, used, and maintained in a sanitary and reliable condition wherever it is necessary by reason of hazards of processes or environment, chemical hazards, radiological hazards, or mechanical irritants encountered in a manner capable of causing injury or impairment in the function of any part of the body through absorption, inhalation or physical contact.

Contact Miller Weisbrod

We understand that many oilfield injuries involve permanent damage that may impair your ability to ever work the same way again. We will make sure to include lost wages, future lost earnings, pain and suffering and all medical claims in our settlement demands. Miller Weisbrod's experienced Oilfield Injury Attorneys are prepared to take your case to court as well.

If you have suffered an oilfield injury or a loved one died in an oilfield accident, please contact our offices today at 214.987.0005 or toll free at 888.987.0005 for a free consultation. You may also contact us through the form on this page for answers to your important questions or to schedule an appointment.

Read More

Structural Collapse

People expect the buildings and structures they enter to be structurally safe. Structure collapse accidents happen more frequently than most people realize. A collapse refers to the failure of a structure or component to maintain its structural integrity.

What is Structural Integrity?

Structural integrity and failure is an aspect of engineering that deals with the ability of a structure to support a designed structural load without breaking, and includes the study of past structural failures in order to prevent failures in future designs.

Structural integrity is the ability of an item to hold together under a load, including its own weight, without breaking excessively or deforming. Structural Integrity assures that the construction will perform its designed function during reasonable use, for as long as its intended life span. Items are constructed with structural integrity to prevent catastrophic failure, which can result in injuries, severe damage, or death.

Structural failure refers to the loss of structural integrity, or the loss of load-carrying capacity in either a structural component or the structure itself. Structural failure happens when a material is stressed beyond its strength limit, causing fracture or excessive deformations. In a well-designed system, a localized failure should not cause immediate collapse of the entire structure.

Whether the structure that collapses is large or small, the associated injuries tend to be serious, or even deadly. It’s not uncommon for building collapse victims to sustain catastrophic injuries, including head, brain, back, and spinal cord trauma.

In some cases, these injuries may require extensive medical treatment; make it difficult for victims to hold a job; or even necessitate long-term assistive care. The cost of medical treatments and rehabilitative services can add up quickly.

Types of Structural Failures

Structural failure can occur from many types of problems, most of which are unique to different industries and structural types.

• Strength - Structure is not strong and tough enough to support the load, due to its size, shape, or choice of material. If the structure or component is not strong enough, catastrophic failure can occur when the structure is stressed beyond its critical stress level
• Fatigue - Fatigue or corrosion, caused by instability in the structure’s integrity, design or material properties. These failures usually begin when cracks form at stress points, such as squared corners or bolt holes too close to the material's edge. These imperfections grow as the material is repeatedly stressed and unloaded, eventually reaching a critical stress point and causing the structure to suddenly fail under normal loading conditions
• Manufacturing errors - manufacturing errors, including improper selection of materials, incorrect sizing, improper heat treating, failing to adhere to the design, or poor workmanship. This type of failure can occur at any time and is usually unpredictable
• Defective materials - The materials may have been improperly manufactured or damaged from prior use
• Lack of consideration of unexpected problems - This failure can be caused by events such as vandalism, sabotage, or natural disasters. It can also occur if those who use and maintain the structure are not properly trained and overstress the structure

Types of Collapses

Structures that could collapse include buildings, bridges, balcony/porches, scaffolds and trenches. The collapse of structures such as trenches and scaffolds are among the most common causes of worker injury in the construction industry.

Building Collapse

A building collapse is the sudden structural failing, partially or entirely, of a building or parking structure, threatening human life and health. When internal load-bearing structural elements fail, a building will collapse into itself, and exterior walls pulled into the falling structure.

In building collapse cases, our experienced premises liability and personal injury attorneys examine the architectural and engineering standards of the building and help you through the complex legal issues that surround these types of premises liability claims.

Bridge Collapse

A bridge collapse is the abrupt failure of the basic structure of a bridge that impairs the ability of the bridge to serve its intended purpose and that damages a highway located on or under the structure.

If you’ve been injured in a bridge collapse, you do have options. Whether you were working at the time of the accident or just in the vicinity of a bridge collapse, you need to get in touch with our experienced personal injury attorneys about your case as soon as possible.

Balcony/Porch Collapse

Porch collapse or balcony collapse is a phenomenon typically associated with older multi-story apartment buildings that have wooden porch extensions on the front or rear of the building. The collapses have a number of causes, including overloading due to excessive weight from over-occupancy. (Deck, Patio, Porch, and Balconies)

Over the last several years our law firm has handled several cases where a balcony collapse resulted in a serious injury or death. Balcony and deck collapses have inpcreased by 20% since 2007.

Firm partner Clay Miller and associate attorney Warren Armstrong tried the case of Nohemi Campos vs. Loma Del Rey Apartments and A-Bar T Construction (162nd Judicial District Court). The case resulted in a $2,138,000 jury verdict.

Other cases our firm has litigated include balcony accidents due to rotten wood or corroded railings. Railing failures occur due to improper placement or corroded connection points. Many of our balcony cases have been successful due to quick investigation including obtaining temporary restraining orders to prevent destruction of key evidence and allowing immediate inspection of the balcony and remnants by our experts.

If you or a loved one has been seriously injured in a deck, patio, porch, or balcony collapse, a lawsuit against the owner, contractor, or other party responsible for the construction, maintenance or repair may be the solution to obtaining the compensation you deserve. This may include medical bills, pain and suffering, lost wages, disfigurement, or compensation for death. Contact Miller Weisbrod for a free consultation.

Scaffolding Collapse

Construction and industrial sites often use scaffolding to reach upper levels of buildings. While scaffolding is commonly used to allow workers to safely access high rise infrastructures, they can also cause severe injuries as there are several hazards associated with their use.

Many times, scaffolding is missing important items like bracing that prevents workers from falling. Other common problems causing dangerous scaffolding involves the failure to place the proper footing on the scaffolding allowing it to become unstable and even collapse.

Some specialty trades use scaffolding called “pump jacks” to reach upper levels of a building under construction or undergoing maintenance/repair work. These scaffolding must have the appropriate bracing in place on the support poles or they can collapse or tip backwards from the building.

Depending on the circumstances of the accident and the specific cause, there may be multiple parties who can share in the liability, including the general contractor, the subcontractor, the supplier and the manufacturer. Miller Weisbrod’s experienced investigators will assess the accident to determine the cause and the negligent parties in our efforts to secure maximum compensation for your injuries.

Our client, while working for the City, fell when the scaffolding collapsed due to faulty components. He is now paraplegic. Our Personal Injury Lawyers obtained a recovery of $5,500,000.00.

Trench Collapse

A trench collapses when its walls fail to contain the pressure of the tones of soil pressing on it. Even though this can be problematic in any depth, it can accelerate if other materials are piled at the edge. A single cubic yard of soil amounts to 4000 pounds which is the weight of a small pickup truck. When a trench caves in, unprotected workers are buried under that mass instantly which can prove fatal.

Miller Weisbrod, Attorneys At Law 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 Miller Weisbrod

Miller Weisbrod, Attorneys At Law serves the legal needs of structure collapse victims and their families throughout Texas, and nationwide. Our firm is a leader in plaintiffs' personal injury trial law. We have the experience, skills and resources to help you seek maximum financial recovery after a structure collapse accident resulting in catastrophic injury or wrongful death.

If you were badly hurt or permanently disabled or a loved one died in a structure collapse accident anywhere in the United States, please contact us today to schedule a free consultation with an experienced lawyer. Fill out the contact form on this page to schedule an appointment, or call us directly at 214-987-0005; toll free at 888-987-0005.

Read More