Filing a Business Interruption Insurance Claim?

In the wake of the Covid-19 pandemic, many businesses, both small and large, have been forced to close and/or suspend operations. For years, these businesses have faithfully paid their insurance premiums in order to have business interruption insurance coverage to protect them from losses. These premiums were happily paid because it meant peace of mind for the businesses in knowing that, if something out of their control forced them to close or suffer economic losses, they would be protected.

Now that the time has come for the insurance companies to stand up and cover the losses resulting from the business interruption caused by this virus, the almost universal response has been to either deny the claim or delay in responding to the claim.



Miller Weisbrod is actively reviewing potential claims against these insurance companies for either wrongfully denying or unreasonably delaying the payment of claims under business interruption insurance policies. We understand that, under the current economic climate, both small and large businesses cannot afford to pay attorneys by the hour, so we are taking these cases on a pure contingency basis in order to avoid further economic losses to these businesses.

So if you know a client, friend or family member involved in a business that has been severely affected by the Cornavirus pandemic, be it a restaurant, bar, retail, hotel or any other business similarly affected, contact us today and let us review the applicable insurance policies to see if we can help recover for losses sustained during this crisis.

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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 (214) 987-0005 or visit www.millerweisbrod.com

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Toyota and Honda recall 6 million vehicles over faulty air bags

DETROIT (AP) — Two different air bag glitches have forced Toyota and Honda to recall over 6 million vehicles worldwide, and both problems present different dangers to motorists.

The Toyota recall affects about 3.4 million vehicles globally and is being done because the air bags may not inflate in a crash. The cars have air bag control computers made by ZF-TRW that are vulnerable to electrical interference and may not signal the bags to inflate.

The problem could affect as many as 12.3 million vehicles in the U.S. made by six companies. It’s possible that as many as eight people were killed when air bags didn’t inflate. U.S. safety regulators are investigating.

Honda’s recall covers about 2.7 million vehicles in the U.S. and Canada with Takata air bag inflators. But they’re a different version than the ones blamed for 25 deaths worldwide. Still, it’s possible the air bags could blow apart a metal canister and hurl shrapnel at drivers and passengers.

If you were severely injured or a loved has tragically died in an accident where the airbag did not deploy on a Toyota or Honda vehicle, we invite you to call Miller Weisbrod at 214.987.0005to discuss your rights and legal options with an experienced trial lawyer.

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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.

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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.

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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.

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Clay Miller Makes D-Magazine's "2018 Best Lawyers In Dallas"

D-Magazine's 2018 Best Lawyers In Dallas

Clay Miller Makes D-Magazine's "2018 Best Lawyers In Dallas"

Clay Miller of Miller Weisbrod, LLP has been selected to D Magazine’s Best Lawyers in Dallas for 2018. Clay’s practice is limited to cases involving catastrophic injury, wrongful death, and business loss.

A nationally recognized firm, Miller Weisbrod has helped victims of personal injury, medical malpractice, faulty products, as well as defective drugs & medical devices pursue financial recovery as a result of another’s negligence. The firm has an impressive track record in obtaining multi-million dollar verdicts and settlements for victims and their families.

Clay Miller has recently obtained a $30,800,000 jury verdict in a commercial fraud case against Navistar arising from the sale of 18-Wheelers with Maxxforce Engines in Jackson, Tennessee. Six weeks later, Clay obtained a $26,500,000 jury verdict in a construction accident case in Dallas.

Along with partner, Les Weisbrod, Miller Weisbrod’s team of attorneys can offer you the sound advice and concerted legal action you need in order to pursue financial justice. From our office in Dallas, we serve clients nationwide.

Every case is different depending upon the facts. Attorneys’ fees will be $10,780,000 and $10,600,000 respectively and expenses are $297,284.49 and $115,924.27respectively that will be deducted from any final recovery on these verdicts.

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Sleep Deprived Truckers

Companies often force their drivers to work shifts with little or no sleep. Risking their lives on the job.

On average, trucks serving the ports of Los Angeles and Long Beach operated 470 times a day without the required break. Those trucks were involved in at least 189 crashes within a day of an extended period on the clock. Federal crash records do not indicate who was at fault. With some exceptions, federal rules say commercial truckers must take a 10hour break every 14 hours.

In August 2013, a Container Intermodal Transport trucker barreled into stopped traffic at 55 mph. A teenager was tragically killed, and seven people were sent to the hospital. Seven months later, a Pacific 9 Transportation driver had just finished his 45th hour on the clock in three days when he ran over and killed a woman crossing the street. A Gold Point Transportation truck was moving containers for 15 hours in one day when it crashed in Long Beach, California, injuring four.

Jose Juan Rodriguez, who drove for Morgan Southern for five years, said he sometimes worked 16-hour shifts for days at a time, a claim the company denied. He kept a bucket of ice water by his seat to splash on his face when he felt himself nodding off. More than once, he said, he found himself hallucinating, a side effect of extreme sleep deprivation. “There are some days when you can’t think right anymore,” he said. “You can’t tell if you’re driving or not. You just have to continue working.”

Recognizing a public health threat, the federal government began limiting commercial truckers’ driving hours in 1938, holding them to 60 hours a week. Decades of study led to more stringent rules as researchers concluded sleep-deprived drivers become exponentially more hazardous the longer they spend on the road.

Even so, the tools used to flag truckers who stay on the road too long haven’t changed much. Inspectors still rely heavily on paper logs maintained by the drivers themselves. The first federal mandate to install electronic log machines in commercial trucks took effect in late December, although questions remain about how quickly companies will comply.

Law enforcement officials and experts say companies are legally responsible for knowing their workers’ hours. It can be a federal crime if managers routinely encourage or pressure truckers to stay on the road past the limit. “Companies that force exhausted truck drivers to stay behind the wheel are gambling with the lives of everyone on the road,” California Sen. Dianne Feinstein said in a statement.

In the absence of an accurate tracking system, the USA TODAY Network used publicly available records to build a database noting each time a truck entered or exited the ports of Long Beach or Los Angeles. The data offer a rough sketch of how thousands of trucks operated each day from 2013 through 2016. They show 580,000 instances when trucks spent at least 14 hours on the road without a 10-hour break. Those would be violations if a truck was operated by just one driver.

The activity amounts to about 8.3% of port traffic but represents a substantial amount of time on the road. Assuming drivers picked up a new load each time they went in and out of a gate, those trucks moved 1.6 million shipping containers along Los Angeles area highways over four years.

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.

At Miller Weisbrod, our clients are not statistics — they are real people in need of proactive, aggressive representation to defend their rights. Our Dallas truck accident attorneys are absolutely 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.

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What To Do If You Are Involved In A Trucking Accident

When a truck collides with a passenger vehicle, the result can be devastating. Those traveling in the passenger vehicle are likely to be seriously injured or tragically killed in the collision. In the moments after such an accident, you may not know what to do. First and most important is your health. The next steps will either help or hurt your chances of successfully filing a personal injury claim.

1. Get Medical Attention Directly After The Accident
Statistically, all impacts will result in some kind of bodily injury and/or pain. The most important thing is to get the medical attention you need. Even if you have no apparent injuries, see a doctor anyway. Some injuries take days to become physically apparent. There may be internal damage, or the adrenaline in your body prevents you from realizing your injuries until later on. A visit with a doctor will serve as documentation of your injuries if you decide to file a claim.

2. Call 911
Whether the accident is minor or serious, it is a good idea to call the police to the scene. Have the officer generate a report detailing the accident. A police report will serve as valuable evidence when you decide to file a claim against the trucking company. You can obtain a copy of the police report by calling your local police department. Keep a copy for yourself. The insurance company will also want a copy if you are filing a claim.

3. Take Pictures & Write Down Details
If you can, take photos of the accident scene. Photos of the scene will help determine who is at fault, as they will show the positions of the vehicles. Pictures also serve as proof of damages to your vehicle. Take the photos as soon as possible and before either vehicle is moved. Accident reconstruction specialists can use your photos to create a model of the accident and provide an opinion on who was at fault for the collision. Along with taking photos, gather contact information of witnesses if possible. Their account of the accident may benefit you if you make a claim.

If you are injured and need medical attention, do not stop to take photos. Get medical attention immediately.

4. Get A Lawyer
Getting a lawyer involved immediately will help preserve evidence. Lawyers will be able to secure evidence that otherwise might be lost if there is a delay. If you are injured in the accident, hire a lawyer. You may be able to obtain compensation for the following:

• Medical Bills
• Lost Wages
• Pain & Suffering
• Loss of Companionship
• Special damages: which includes other monetary losses after an accident

In order to win a case like this, you will need to prove the trucking company and the driver were liable for your injuries. The trucking company that employs the driver may be held responsible through “Vicarious Liability”. Vicarious liability means that employers are responsible for accidents their employees get into while on the job.

Contact Us
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. At Miller Weisbrod, our clients are not statistics — they are real people in need of proactive, aggressive representation to defend their rights. 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.

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Taking Effective Car Accident Photos

It's important to preserve as much evidence as possible at the scene of the accident, like taking notes and photos. When you're trying to prove damages, photographs can be very effective. Photos of the accident scene and property damages can eliminate doubts and disputes raised by the other driver or his or her insurance company.

Accident scene photography can be used as solid evidence as long as it reflects accurate details and context. While pictures of damages are important, evidence of the surrounding areas is important as well.

Here are some tips for taking effective car accident photos:

1. Take general views of the accident scene:
Get an overall view of the accident scene. Take multiple photos of the scene from different angles. Don't worry about the details in these pictures.

2. Get all vehicles involved in the accident in the picture:
Make sure you get the vehicles' relative positions and different angles of their proximity to other cars.

3. Objects damaged by the accident:
Get photos of any damaged street signs, trees, guardrails, or any other stationary objects damaged by the accident.

4. Detailed views of the damaged vehicles:
Get close-ups of any broken glasses, windows, scratches, and any other damaged parts of the vehicles. Check inside the vehicle and get photos of any interior damages as well.

5. Condition of the roads and surrounding areas:
Take photos of any roadside debris, skid marks, or any other signs of crash in surrounding areas.

6. Any physical injuries you sustained:
Take photos of any injuries you sustained that are visually apparent.

Other Helpful Photos:
Traffic lights and signs:
Take photos of any traffic lights, stop signs, yield signs, and any other traffic indicators that are near the accident scene.

Conditions of the weather:
Take photos of the weather condition, such as clouds, rain, or snow. These photos can be used if the other driver, who is at fault for the accident, blames the weather for playing a role in the crash.

License plates and insurance cards:
Take photos of license plates of all vehicles involved in the accident and the other drivers' insurance cards.

People involved in the accident:
Take photos of the other driver(s), any passengers, witnesses, and police officers to avoid any confusion in identifying the people involved in the accident. However, do not take photos of injured people.

Keep in mind that safety comes before anything else. Check the condition of yourself and other people involved in the accident first. Also, be respectful of the privacy rights of others. For example, you SHOULD NOT post any of the pictures of others on social media.

Contact Miller Weisbrod
Many people do not realize how important accident scene photography is as evidence in their car accident claims. Whether you have photos of the accident scene or not, there are many ways to recover car accident damages. If you were seriously injured or a loved one was tragically killed in an auto accident and you need experienced legal advice and dedicated representation, we invite you to call our Dallas offices at 214.987.0005 or toll free at 888.987.0005.

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Have you been injured in a sideswipe accident with an 18-Wheeler?

Semi-trucks are huge vehicles that can weight upwards of 80,000 lbs. Because of this, accidents involving 18-wheelers tend to be catastrophic, often resulting in severe injuries or even wrongful death. 18-wheelers are a common sight on Texas roads, but when a truck driver causes an accident due to negligence, do NOT expect the insurance company to treat you fairly.

Truck accident injury claims are defended vigorously. Insurance companies have gotten really good at shooting down or minimizing claims. Because of the high policy limits on commercial trucks, adjusters often go to great lengths to limit the value of your claim. They may claim that you should have done your part in ensuring that the trucker was aware of your presence, or they may call into question your driving record and pick out a ticket you received five years in order to show that you’re a bad driver.

As truck accident attorneys, we see these tactics used all the time. Even worse, we talk to many victims who were strung along by the insurance company only to find out several months later that their claim has been denied. Unfortunately, by the time these people reach out to us, it’s often too late in the process for an attorney to help.

It is important to get in touch with an experienced truck accident law firm immediately if you’ve been injured in a truck accident. While property damage claims are usually pretty straight forward, the same cannot be said for an accident injury claim (especially those involving commercial trucks). There is no harm in having someone in your corner to advocate for your best interests and navigate the claims process, and it costs you nothing out of pocket to hire us.

18-Wheelers have massive blind spots

A blind spot is simply an area within a field of vision that cannot be seen by a driver due to the shape of the vehicle or the angle of the side mirrors. As a result, truck drivers are trained to approach highway off-ramps with care, and to change lanes only when it is absolutely certain the other lane is clear.

While we never recommend driving directly next to an 18-wheeler for an extended period of time, do not allow them to blame you (even partially) for their own act of negligence. Truck drivers are still governed by the same traffic laws as everyone else (FMCSA regulations), and you deserve to be fairly compensated.

Common sideswipe accident scenarios:

• Poor driver training can cause Dallas truck drivers to operate vehicles in a reckless manner
• Driver distraction is a huge cause of Dallas 18-wheeler accidents. This can be due to the truck driver messing with the radio controls, watching TV while driving, talking on the phone, and engaging in activities which take their attention away from the task at hand
• Tire blowouts happen every once in a while, and may be the result of inadequate maintenance, product liability, or due to a mismatched tire
• Driver intoxication is another common cause of sideswipe accidents in Dallas, including drivers impaired by alcohol, stimulants, pain killers, or illegal narcotics

Sideswipe crashes can be dangerous because they can result in underride accidents, rollovers, and jackknifing. Passenger vehicles involved in sideswipes are often pushed off the road or into incoming traffic.

Contact us today!
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.

At Miller Weisbrod, our clients are not statistics — they are real people in need of representation to defend their rights. Our 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.

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