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Thursday, April 27, 2017
Wednesday, April 19, 2017
18-Wheeler Wreck in Rockwall Shuts Down I-30.
ROCKWALL, TX (CBSDFW.COM) — Traffic was stopped at the Fate exit on Interstate 30 in the city of Rockwall due to a major accident that claimed the life of at least one person.
Texas Department of Public Safety Officials say two semi-trucks and four cars were involved in the wreck.
Kyle Bradford with DPS confirmed that at least one person died in the wreck. He said — according to a witness — traffic was slowing and one semi didn’t slow in time and slammed into another vehicle causing a chain reaction. He said the person who died was in one of the passenger vehicles.
Assistant Chief Simmons with the Fate Department of Public Safety said he could confirm two others victims were taken to the hospital. No word on the nature of their injuries.
A dispatcher with Bravo Logistics who owns one of the trucks involved in the accident said they were aware of the accident but had no report on the condition of the driver.
Traffic was being routed off the highway at FM 3549 according to reports.
A Texas Department of Transportation camera on the west side of Lake Ray Hubbard shows traffic backup across the Lake Ray Hubbard Bridge. The Texas DPS was assisting Fate DPS in the investigation.
If you or someone you know has been involved in an accident, the experienced attorneys of Miller Weisbrod are ready to help. For a free case evaluation, contact us at 214-987-0005. #carwrecklawyers https://www.millerweisbrod.com
Friday, January 20, 2017
Workplace Deaths at an 8-Year High
Workplace Deaths at an 8-Year High: When Workers' Comp is not the Sole Remedy
The Bureau of Labor Statistics recently released its annual report on work place fatalities.
The report revealed that workplace deaths have climbed to nearly 5,000 deaths. This is the highest number of workplace deaths since 2008. Workplace fatalities had been declining since hitting a peak in 2006.
of 65.
Several factors have played a role in this decline during the last several years. First, the strengthening of government and industry safety regulations has provided workers with safer environments. Second, the economy following the crash of 2008 led to a reduction in building and manufacturing — two of the more dangerous occupations. As the economy recovers and the new President-elect promises to roll back government regulations, a likely consequence of both will be increased workplace accidents and fatalities.
Many employers carry workers’ compensation insurance in Texas. Under these plans, the employee is compensated regardless of fault and the employee’s family, in the case of death, receives partial income replacement benefits for various periods of time. The trade-off is the employee’s family cannot sue the employer for actual damages if the employee’s death was caused by negligence. This statutory immunity is granted by the Texas Labor Code.
What if a family comes to your office and their loved one has been killed on the job due to the wrong-doing of the employer, is the family limited to just workers’ compensation benefits? The answer is “Maybe Not.”
Here are the questions to ask:
- Did the deceased employee leave a spouse and/or any children?
- Was the death caused not just by negligence but by possibly “gross negligence” of the employer? (meaning the risk was known and the company ignored the risks despite this knowledge)
- Is the gross negligence attributable to a vice-principal (i.e. manager/supervisor) or caused by conduct that had been ratified by the company (even implicitly) on previous occasions?
At Miller Weisbrod, we have successfully handled dozens of cases involving the death of an employee caused by the gross negligence of the employer.
Examples of cases successfully resolved over the last year include the following fact patterns:
- Employee killed when a house being demolished unexpectedly collapsed—the employer failed to have OSHA-mandated Engineering Survey completed prior to starting work
- Employee’s death caused by a failure to control traffic during a highway construction project
- Employee killed when a form fell on him at a manufacturing facility—employer failed to brace the form during maintenance activities despite warnings to do so
- Employee’s died after a forklift carrying a wooden box being used as a work basket flipped over—the employer knew the 17 year old forklift driver had no experience and knew the practice was dangerous
- Employee falls to his death when lifting up a piece of wood he believed was trash—the wood was covering a hole in a multi-story parking garage and was not marked or secured pursuant to OSHA regulations
If you are contacted by a family of a worker killed in a situation that involves wrong-doing of some degree, we would be honored to work on this case with you. We will put our resources to work in order to investigate the facts to determine if a gross negligence case can be made. While evidentiary and legal hurdles exist in these cases, we can put our experience and expertise to work to maximize the potential for recovery.
Miller Weisbrod, LLP is a national law firm specializing in catastrophic injury and wrongful death cases. Partners Clay Miller and Les Weisbrod have built the firm’s reputation with successful verdicts, settlements, appeals and favorable decisions across the country. With resources and finances available to take on the powerful interests that have caused harm, the firm is committed to providing quality representation for clients who are seriously injured and families of victims who are killed as a result of the negligence or misconduct of others.
Miller Weisbrod has offices in Dallas and affiliate offices in Houston and Austin. For more information call toll-free at (888) 987-0005.
Tuesday, June 21, 2016
Delayed 2015 Jeep Cherokee Recall in Question After Crushing Anton Yelchin
The 2015 Jeep Grand Cherokee that rolled backward down a driveway and killed the actor, Anton Yelchin, early Sunday was a model that Fiat Chrysler has recalled for a gearshift issue that has confused drivers, leading them to accidentally leave the car in neutral when they think it is safely in park.
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Mr. Yelchin was killed after he got out of his Jeep and it rolled down his steep driveway, crushing him against a concrete-reinforced mailbox, a police spokeswoman, Liliana Preciado, said. Mr. Yelchin’s Jeep was part of a recall by Fiat Chrysler in April of almost 812,000 vehicles including the 2014 & 2015 Grand Cherokee models. That recall was prompted by an investigation by the National Highway Traffic Safety Administration, after complaints by car owners and reports of dozens of related injuries. |
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NHTSA: Preliminary Evaluation dated August 20, 2015
The National Highway Traffic Safety Administration (NHTSA) announced August 24, 2015 that it will open a preliminary investigation into 408,000 2014–2015 Jeep Grand Cherokee SUVs, after receiving several complaints about the vehicles rolling away after being shifted into park.
Currently, the NHTSA has received 14 complaints describing incidents where a Grand Cherokee has rolled away when the gearshift indicated Park. NHTSA’s Preliminary Evaluation paperwork indicates that five crashes and three injuries have been associated with the complaints. Rollaway incidents have occurred both with the engine running and turned off.
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Fiat Chrysler has been a prime target of the government’s efforts to penalize automakers for lax safety practices.
Last year, federal regulators accused Fiat Chrysler of failing to conduct recalls and complete repairs in a timely fashion, and hit the company with $105 million in penalties.
The safety administration released a statement Monday evening saying, “This is the first fatality we’re aware of that may be related to this safety defect and vehicle recall.”
When a manufacturer fails to exercise proper caution or makes decisions it knows put American consumers in harm's way, the experienced attorneys of Miller Weisbrod, LLP, will be there to fight for the individuals and families who suffer.
Our lawyers at Miller Weisbrod, LLP are recognized as national leaders in the fight to hold the auto industry to account for the accidents, injuries and wrongful deaths that can occur as a result of corporate negligence or greed.
We believe that no minor cost savings should ever take priority over the lives of American consumers. Our capable attorneys welcome the opportunity to take on automakers who continue to make dangerous or defective vehicles.
Our lawyers at Miller Weisbrod, LLP are recognized as national leaders in the fight to hold the auto industry to account for the accidents, injuries and wrongful deaths that can occur as a result of corporate negligence or greed.
We believe that no minor cost savings should ever take priority over the lives of American consumers. Our capable attorneys welcome the opportunity to take on automakers who continue to make dangerous or defective vehicles.
The affected vehicles, which also include 2012-14 Dodge Chargers and Chrysler 300s, use an unconventional lever to shift the automatic transmission. Instead of moving to a different position with each gear, the lever returns to a center position. The driver must look at the shifter to make sure the proper gear is selected.
When the recall was announced earlier this year, the automaker said it was aware of 41 injuries related to the gear shift problem. Car & Driver
After the April recall, Fiat Chrysler said in a notice sent to owners that “a permanent remedy for this condition is currently under development” and that the automaker hoped to “finalize” it by the fourth quarter. It warned owners, in the meantime, to use the parking brake and to always check to make sure the vehicle was in the correct gear.
Since the recall was announced, the agency has received at least eight additional complaints from owners of Grand Cherokees who said their vehicles had rolled away and crashed, although no injuries were reported.
If you were injured or a loved one died in an accident and you believe an unsafe or defective vehicle is partly to blame, please contact our Dallas offices at 214.987.0005 to discuss your rights and legal options with an experienced trial lawyer.
We offer free initial consultations to potential clients nationwide. If you are calling from outside the DFW Metroplex, please use our toll-free line at 888.987.0005 or contact us by e-mail to schedule an appointment.
Wednesday, June 1, 2016
Miller Weisbrod Settles Construction Accident - Dangerous Pump Jack
Our clients were siding contractors on a large apartment construction project in South Central Texas. In order to place large pieces of pre-fabricated siding, the workers needed to have an elevated platform to work at the necessary heights. Since the work involved moving horizontally along the face of the building, stationary scaffolding did not make practical sense because it takes so long to erect, disassemble and move. Instead, the typical aerial platform for this and similar trades is called a pump jack.
This device utilizes two horizontal metal poles and a platform that can be lifted or “jacked” up and down to the necessary heights to perform the work.
OSHA generally requires independent lifelines connected to harnesses unless an adequate guardrail system can surround the entire work platform. But in many cases, the pump jack must be placed inside crevices in such a way that a smaller platform without guardrails is utilized. Industry practice is that a bolt is placed at the top of a building so the workers can hook long lanyards/lifelines to hang down and attach to their harnesses. This allows protection should the platform fail or become unstable.
In our case, the superintendent for the general contractor knew about the industry standard and claimed that the siding contractors were always tied off when on the pump jacks (that did not have proper guardrails). Our clients claimed they never had been issued harnesses and there were no hard points for lifeline connection on the roof of the apartments. They had been working for three weeks when their platform became unstable (due to inadequate bracing) causing them to fall over the side. One client suffered several orthopedic fractures — the other suffered a broken spinal cord leaving him permanently paralyzed.
The problem was collectability — our clients were hired by Edwin, who was hired by Raul, who was hired by Jessie who was hired by a company in Kansas that had the siding subcontract but had never visited the job site or met in person Jessie, Raul, Edwin or our clients. The Kansas company had been contracted by the General Contractor on the job.
Our theory was that the general contractor knew that the lack of fall protection was dangerous and approved the practice by failing to require fall protection even though they walked by the workers a half dozen or more times every day for several weeks.
On the strength of this cross examination and other admissions from the general contractor’s employees were able to secure a substantial confidential settlement that will provide for the life care needs of our paralyzed client and compensated his co-worker for his orthopedic injuries.
Miller Weisbrod has partnered with law firms across the state of Texas on a referral and joint venture basis to pursue cases of catastrophic injury and wrongful death arising from construction and work site incidents. We would welcome the opportunity to work with you to obtain justice for your clients injured or killed on the job.
Miller Weisbrod, LLP is a national law firm specializing in catastrophic injury and wrongful death cases. Partners Clay Miller and Les Weisbrod have built the firm’s reputation with successful verdicts, settlements, appeals and favorable decisions across the country. With resources and finances available to take on the powerful interests that have caused harm, the firm is committed to providing quality representation for clients who are seriously injured and families of victims who are killed as a result of the negligence or misconduct of others.
Miller Weisbrod has offices in Dallas and affiliate offices in Houston and Austin. For more information call toll-free at (888) 987-0005.
Serious Injuries From Commercial Truck Accidents
There are an estimated 500,000 truck accidents in the U.S. each year. The injuries associated with truck accidents are often serious.
An accident between a car and a truck is quite dangerous and can result in serious injuries. Most often it is the occupants of the car which bear the brunt of the accident and get severely or fatally injured. These injuries can be life altering for the victim and even simple day to day tasks can become extremely difficult. Some of the common bodily injuries sustained by truck accident victims are listed below:
These injuries occur when an individual’s head hits an object with great force. The traumatic brain injuries are of a closed-head kind with the skull and the dura matter remaining intact. The data of car accidents collected over the years indicates that brain related injuries are a leading cause of death of children who are less than four years old. In case the brain injury is non-fatal, toddlers and young children can still be severely affected with some physical or cognitive disability showing up in future.
A coma can result from various conditions or events, like traumatic head injury, intoxication, central nervous system disorders, abnormalities in metabolism, etc. The majority of coma cases are drug-related and the second largest cause of coma is the reduced supply of oxygen to the brain. The reduced oxygen supply to the brain can result from serious cardio-pulmonary conditions like a heart attack which can be caused by a serious truck accident.
Damage to internal organs can result from high speed impacts in traffic accidents especially involving cars and trucks. Any type of organ damage injury requires immediate medical attention. One of the most common organ’s that gets injured is the spleen. A person’s spleen is located in the upper-left region of the abdomen and is a critical organ which filters the blood and removes damaged blood cells and platelets.
This condition is commonly referred to as internal bleeding and is caused when there is a loss of blood from the vascular system into the internal cavity. A hemorrhage is generally caused by blunt force trauma which can happen when a car suddenly decelerates post colliding with a truck or other large vehicle. A hemorrhage is a serious condition which can easily become life threatening whenever there is heavy blood loss. The stomach, lungs and brain are commonly affected by hemorrhaging in high speed car accidents with large vehicles. The internal hemorrhage can cause a catastrophic heart-attack in the victim which can sometimes be fatal.
A fracture in which the bone pierces the skin causing extreme pain and bleeding is termed a compound fracture. A compound fracture is a serious condition as the protruding bone can easily become infected causing further complications. The severity of damage and the angle of the broken bone determine the further course of treatment. Usually the fractured bone can be set right by a physician.
The impact of a vehicle crash can be so severe that a victim’s limb may get severed.
Many of these injuries require expensive medical procedures and multiple surgeries to correct — if they can be corrected at all — and add financial stress to an already emotionally stressful situation. More often than not, however, these injuries result in permanent damage, leaving families with lifelong medical expenses and the realities of living with permanent disability or caring for a person with disabilities.
We represent truck accident victims and their families on a contingency fee basis. We don't get paid until we obtain a financial settlement or jury award for our clients. For more information, contact our offices at 214.987.0005 to speak with our experienced Dallas trucking accident attorneys.
If you are seeking legal advice and experienced representation in a trucking accident case, please call us toll free at 888.987.0005.
What is a Personal Injury?
When you or a loved one has been injured, the first thing that comes to mind is simply receiving medical treatment and moving forward with your life. However, it is important to recognize that some people may have legal recourse.
Suffering a physical or psychological injury due to another individual's negligence is a simple definition for a personal injury. In the court of law, it must be proven that a person's careless actions caused your injuries, which led to further damages, such as lost wages or mental anguish.
A personal injury case may go through civil court proceedings or be settled out of court through an informal settlement. In most cases, a personal injury claim can be settled before heading to court. However, in cases where a settlement cannot be agreed upon, it is important to find a lawyer who has experience going to trial.
It can be difficult to determine if someone else's careless actions caused your injury, however, these are some of the most common causes of a personal injury:
• Car accidents
• Motorcycle accidents
• Workplace incidents | Construction accidents
• Slip and fall | Premises Liability
• Defective products
In each of these situations, the person(s) at fault had a duty of care to behave in a responsible manner that would not lead to an accident or injuries. Unfortunately, their failure to exercise a duty of care led to serious consequences.
When you or a loved one has suffered at the hands of another, the personal injury lawyers of Miller Weisbrod, LLP can help you file a claim for compensation.
Our experienced personal injury attorneys offer free case evaluations to those who believe they may be entitled to compensation. For more information, we invite you to contact our offices in Dallas at 214.987.0005 to schedule a free initial consultation with our experienced personal injury trial lawyers.
If you are calling from outside the DFW Metroplex, please call us toll free at 888.987.0005. You may also contact us by e-mail now for prompt attention or to request an appointment.
Injured by a Defective Vehicle?
Not every car accident is caused by driver error. In recent years, it seems to be more common for vehicle defects to lead to crashes or to exacerbate situations. There have been countless vehicle recalls over the past 10 years, many of which include defective airbags, seat belts, and other crucial vehicle components.
If you were hurt in an accident because of a vehicle defect, you should contact a products liability attorney. An experienced lawyer understands the difficulties you face following an accident and knows how important it is for you to recover in order to pay your expenses and move forward in life.
Not every defect is categorized in the same way, and the type of defect involved in your accident matters. The type and origin of the flaw will influence who you go to for recovery, whether that includes a third-party insurance claim or filing a lawsuit.
There are three types of defects:
• Design
• Manufacturing
• Warning
A design defect means the inadequacy was part of the vehicle’s intended plan. The actual design of the vehicle was flawed, which means the vehicle is dangerous even when used how it was intended to be used. Every vehicle of its type will have the same problem.
A manufacturing defect means a mistake occurred while the vehicle parts were made or while the vehicle was assembled. This flaw makes that vehicle dangerous.
A warning defect, also known as a marketing defect, occurs when the vehicle could be dangerous in a way that is not outwardly apparent to the driver. In this situation, the manufacturer is required to warn potential users of this danger.
Cars, vans, SUVs, and trucks are all incredibly complicated, particularly now with an increase in computer technology in vehicles. The more important parts a car has, the more places there are for something to go wrong. While there could be a defect anywhere in a vehicle, certain defects are more likely to lead to accidents and cause injury, including:
• Airbag defects: Airbags can be improperly designed, manufactured, or installed incorrectly, leading to injuries or not preventing harm like they should. Airbags can inflate too quickly or not enough. They could be too small or too large for the intended space. Some airbags have gone off when it is not necessary and others have sent shards of plastic and other debris into the cabin of the car.
• Seatbelt defects: Seatbelts can also be designed or manufactured incorrectly. Seatbelts that become unbuckled or loose during an accident put people in great danger.
• Brake defects: If the brakes on a vehicle are installed incorrectly or one part of the mechanism was manufactured with a flaw, the brakes can fail causing serious collisions and injuries.
• Tire defects: If a tire is designed or built incorrectly, it can suddenly blow while a person is driving, causing a crash. Tire failures can also occur from slow leaks overtime, which if not noticed, can cause tires to wear down too soon and overheat.
If you believe your accident and injuries were caused by a vehicle defect, call us today. The experienced attorneys of Miller Weisbrod, LLP will know how to investigate your case to determine if there was a defect, and if so, who was responsible. You may be able to bring a lawsuit against the designer of the car, the manufacturer of the vehicle parts, the assembler, or the dealership.
For more information, we invite you to contact our offices in Dallas at 214.987.0005 to schedule a free initial consultation with our experienced personal injury trial lawyers.
If you are calling from outside the DFW Metroplex, please call us toll free at 888.987.0005. You may also contact us by e-mail now for prompt attention or to request an appointment.
Friday, May 6, 2016
Construction Worker Freed From Trench
IRVING, TEXAS — Crews were able to a free a construction worker more than three hours after he became stuck in a 15-foot trench in Irving. The accident was reported at about 2:52 p.m. Thursday (5/5/16) in the 2100 block of Ridgewood Street.
At about 6:20 p.m., the worker, strapped onto a gurney, was pulled from the trench and placed into a ground ambulance in unknown condition.
Working in trenches or other contained breathing areas is one of the most dangerous jobs in the construction industry. Contractor and subcontractor negligence and OSHA safety violations can turn an already hazardous situation into a recipe for a serious and fatal trench accident.
Miller Weisbrod, LLP serves the legal needs of construction accident victims and their families in Texas and nationwide. Our attorneys are nationally-recognized leaders in the field of plaintiffs' personal injury trial law. We have the experience, skills and resources to help you seek maximum financial recovery after a trench accident results in catastrophic injury or wrongful death due to a trench accident.
If you were badly hurt or permanently disabled or a loved one died in a trench accident anywhere in the United States, please contact us today to schedule a free consultation with an experienced lawyer.
Call 888.987.0005 for Legal Help After a Trench Accident
Miller Weisbrod, LLP has a proven record of success in obtaining large financial settlements and jury awards for victims of negligence. Our lawyers have the experience, industry knowledge and legal skill to handle a wide range of trench accident cases, including:• Broken natural gas lines leading to suffocation or explosion
• Trench collapse accidents caused by improper shoring and supports
• Water infiltration resulting in drowning
• Accidents in other enclosed spaces such as manholes, sewers, storm water drains and tunnels
• Any trench accident resulting in brain injury, spinal cord injury, other catastrophic injury or wrongful death
If you were seriously injured or a loved one died in a trench accident caused by contractor negligence or OSHA violations, we encourage you to call our main offices in Dallas today at 214.987.0005 or toll free at 888.987.0005 for a free consultation. You may also contact us by e-mail today for answers to your important questions or to schedule an appointment.
Friday, April 29, 2016
Head-On Collision & Crush Injuries
Head-on collisions are caused when a driver crosses the center dividing line for any reason. The driver could have been trying to pass another vehicle on a two-lane road or could have been driving negligently and moved to the lane of traffic coming from the opposite side. Statistics collected by the Fatal Analysis Reporting System (FARS) brings out the following facts:
• 75 percent of all head-on collisions occur on rural roads.
• Head-on collisions happen most frequently on two-lane roads.
• Of the 7,000 reported head-on collisions on two-lane roads.
Only 4.2% were caused when a driver was trying to pass another vehicle.
• Failure in negotiating a curve on the road is a cause of 23 percent of fatal head-on collisions.
The FARS data reveals that many head-on collisions result from ‘unintentional maneuvers’ of a driver. These include distracted driving, not following the speed limit, negotiating a curve at a very fast speed, and falling asleep while at the wheel. Driving under the influence is the other major cause of head-on collisions.
In addition to expensive medical bills, a victim of a Head-on collision crush injury may suffer additional financial losses due to the inability to continue working.
A crush injury occurs when two heavy objects compress or squeeze a body part. For example, a passenger’s legs may get squeezed under the dashboard in a head-on collision. A crush injury may damage the muscles, obstruct or completely stop blood flow to an organ, and may even cause tissue death. Some common symptoms of crush injuries include heavy bleeding, bone fractures, bruising, and loss of consciousness.
Crush injuries are common in head-on car crashes. The vehicles involved in such an accident often are completely damaged, with the seats, steering wheel, dashboard, and other parts getting crushed. In many cases, the passengers inside the car suffer severe injuries. Immediate medical help is required in such situations.
A common injury sustained in a head-on collision is a crushed leg injury. A crushed leg injury occurs when the leg of the victim gets trapped under a heavy object or gets squeezed between two heavy objects. The consequences could be devastating and may even cause loss of the limb. A crushed leg injury may cause lacerations, major fractures, vascular damage, excessive bleeding, and bruising.
Not all crush injuries are fatal. In case of mild crush injuries, necessary first aid treatment may suffice. However, some crush injuries cause serious medical complications and may even cause death. In addition to severe pain, a victim may develop a serious infection in the injured limb.
There is also the risk of serious bone fractures, and in some cases, the doctor may recommend an immediate surgery. In extreme cases, it may be required to amputate the damaged leg, while some crush injuries may trigger long-term complications, such as chronic pain, neurological and psychological disorders. Another severe outcome of a crush injury could be rhabdomyolysis, a medical condition that causes rapid destruction of skeletal muscles due to extensive muscle damage.
Crush injuries require immediate treatment. In most cases, the victim needs to be hospitalized and undergo a surgery. In some cases, long-term treatment will be required. Some symptoms may arise at a later stage and thus the patient needs to watch out for any long-term complications under the guidance of an experienced doctor.
At Miller Weisbrod, our team of attorneys can offer you the sound advice and concerted legal action you need in order to pursue financial justice and real recover after a serious personal injury or the loss of a loved one. From our office in Dallas, we serve clients nationwide.
We have substantial experience and a proven record of success in obtaining multi-million dollar settlements and verdicts in personal injury cases nationwide.
• Car accidents
• Truck wrecks
• Motorcycle accidents
• ATV accidents
• Bus crashes
• Boating accidents
To learn more about your rights and legal options in seeking maximum financial recovery after a serious or fatal head-on collision, please call our Dallas office at 214.987.0005 to discuss your rights and legal options with an experienced trial lawyer.
We offer free initial consultations to potential clients nationwide. If you are calling from outside the DFW Metroplex, please use our toll-free line at 888.987.0005.
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