Wednesday, March 13, 2019

Was the pilot of the hot air balloon that crashed in Texas responsible?

As idyllic as hot air balloon rides may seem, they involve risks, just like any other form of transportation. As a matter of fact, they appear to involve far greater risks. As far back as 2013, a report by an FAA safety official vigorously recommended that the same level of oversight be applied to the commercial balloon industry as to airplane and helicopter tour companies, but that recommendation has not yet being followed. Stories like the recent one concerning the deaths of 16 people in the crash of a hot air balloon near Lockhart, Texas may give pause to potential passengers who wonder whether the spectacular views are worth risking their lives for.

If you or a loved one has suffered serious personal injury as a result of an accident due to the negligence of another, you have legal recourse to obtain compensation for your medical costs, lost wages, and pain and suffering. In such situations, you should contact a highly skilled attorney as soon as possible.

The Disturbing Details Concerning the Pilot of this Balloon Crash

It turns out the pilot of the hot air balloon that crashed this past July, Alfred “Skip” Nichols, was permitted to pilot that balloon in spite of:

• Having received at least four convictions for drunk driving in Missouri
• Twice having been imprisoned
• Having been twice stripped of his driver’s license, each time for 10 years
• Having complaints filed against him for canceling numerous balloon trips without refunds
• Having complaints against his balloon-ride companies in Illinois and Missouri going back to 1997

Horribly for the victims of this crash, there were red flags galore indicating that Nichols shouldn’t have been piloting a balloon. As an injured victim of a crash 3 years ago in the suburbs of St. Louis declared in her court case against him, “He couldn’t drive a car, but he could pilot a hot air balloon.”

How do credentials differ for hot air balloon pilots and commercial airplane pilots?

Amazingly, pilots applying for a balloon piloting certificate are only required to disclose drug, and not drunk driving, convictions. If Nichols had been a pilot of a commercial airline, he would have been grounded a long time ago, but tragically the laws have not caught up with his situation. While the FAA might permit a recovering alcoholic to fly commercial jets if the pilot could demonstrate successfully completed treatment, it is highly unlikely that an airline pilot who had previous convictions for DUI would be allowed to pilot a commercial aircraft.

Unlike other pilots, balloon pilots do not even have to get regular medical exams from FAA-certified examiners. They are only required to write a statement certifying that they have “no medical defect” that would limit their ability to pilot a balloon, whereas commercial plane pilots must answer questions on alcohol dependence or abuse and convictions for driving under the influence of alcohol.

The obvious flaws and inequities in the law put the public at terrible risk of injury in hot air balloon rides. If you have been injured, or if someone you love has suffered a wrongful death, as the result of a balloon or other pilot’s negligence, you should contact a competent personal injury attorney to make certain you receive the compensation you deserve.

Over the past several years, execution protocol has come under fire across the United States – most notably following a “botched” execution in Oklahoma wherein the chemical cocktail took nearly 18 minutes to ultimately prove fatal. While the death penalty is undoubtedly controversial in the U.S., the state of Texas has a long and storied history surrounding its use of capital punishment. In August 2016, a Texas federal court reviewed the state’s execution protocols, and concluded that there are currently no instances of wrongful misconduct or issues involving the cocktail used to execute inmates.

In 2012, the state of Texas amended its lethal injection procedure. At the time, prisons were relying on a three-drug mixture designed to slow breathing, sedate the inmate, and ultimately stop the heart. Following the changes, the state began relying on a compounded form of pentobarbital – which has been used successfully and “without any problems” in 30 executions.

Q: What happens to individual cases when hundreds of people claim to have been injured by the same product?

It’d be wonderful if every product marketed and sold to the public was safe. But despite safety regulations and what’s presumed to be the best efforts of designers and manufacturers, some products that make it to the market are defective. And those product defects can cause personal injury or wrongful death to unsuspecting and innocent consumers.

Imagine driving your car. It started fine, is running well, and you’re enjoying the drive. You’re confident that the car will continue running until turned off and that your air bag system will work if you have an accident. Those are reasonable assumptions. Unfortunately, as two young drivers in two separate one-car, low speed crashes learned, air bags don’t always deploy upon impact.

The two women, from Virginia and Kentucky, brought legal action against their vehicles’ manufacturer, General Motors Company, alleging that a faulty ignition switch caused the air bags to fail in their cases and resulted in them suffering serious personal injuries.  The ignition switches—which can suddenly jostle out of position while travelling and turn off the engine and the air bags– were the subject of a massive 2.6 million car world-wide recall in 2014 and have been blamed for at least 124 deaths and 275 injuries. Both women’s cases recently settled for undisclosed sums.

Their cases are just two of hundreds of state and federal ignition switch claims against GM. And over a hundred more cases could be added if claims from before GM’s 2009 bankruptcy are allowed. GM allegedly knew of the defect for over a decade before instituting the recall.

These two cases are part of a series of about a half-dozen so-called bellwether cases…a representative sampling of cases related to the same claim or theory which are chosen as test cases for the purpose of setting parameters for the resolution of a multitude of similar claims. Two other bellwether cases, in Louisiana and Texas, were won by GM after it was determined after trial that the ignition switch issue was not the cause of those particular accidents, and another was dismissed when the plaintiff was caught lying during the trial.

These bellwether cases, with their varied outcomes, indicate that juries are weighing the issue of causation heavily in each individual case and are expecting the plaintiff’s to meet their burden of proving the defect was to blame in their particular case. This gives defense counsel parameters for offering to settle cases that are strong and to consider litigating weaker ones. Likewise, plaintiffs with weak causation arguments may be inclined to accept a settlement rather than going to trial.

If you or a loved one has been injured as a result of a product defect, an experienced attorney can help your get the compensation you deserve. Chandler, Mathis & Zivley, PC has offices in Houston and Lufkin Texas and serves clients throughout Texas as well as many other states. Contact us at 800.657.2230 or online.

What can I do if I am injured by a prescription medication?

Today, due to advances in medicine, more individuals rely on prescription medications to alleviate the symptoms of a variety of medical conditions. While these drugs are often touted as being highly effective and advertised as such, a number of medications have caused injuries that have resulted in lawsuits. In light of this, it is important to be aware of the risks associated with any medication.

Which prescriptions drugs are leading to lawsuits in the U.S.?

Nexium

For individuals suffering with acid reflux or peptic ulcer disease, Prilosec was the first treatment to hit the market in 1998. This proton pump inhibitor was ultimately replaced by many doctors in favor of Nexium, which is designed to block the release of acid to the stomach. Now, the drug has been linked to an increase in the risk of chronic kidney disease. In addition, proton pump inhibitors generally may also lead to an increased risk of heart attack, bone fracture and magnesium deficiency. Nexium in particular has also been associated with higher risk factors for liver toxicity and birth defects.

Avelox and Levaquin

Currently, new classes of antibiotics, known as fluroquinolones, have also been introduced to treat infections such as pneumonia and bronchitis. The drugs, while known to be effective, have also been linked to serious side effects, particularly the drugs Avelox and Levaquin. The issue here is that the side effects can take years to present and then are manifested in aortic dissection, aortic aneurysm, and nerve damage.

Invokana

Invokana is designed to help individuals suffering from diabetes by improving kidney function and removing sugar from the body. The drug is intended to be used in conjunction with diet and exercise. Presently, lawsuits have been brought against manufacturers who failed to warn physicians and patients that the drug could lead to increased risk of kidney failure and heart attacks. The drug has also been linked to ketoacidosis, or insufficient insulin in the body which allows ketones to enter the blood stream.

The Takeaway

Nexium, Levaquin and Invokana are only a few of the prescription medications that have caused injuries that are the basis for lawsuits. Regardless of the medical condition you are suffering, it is crucial to have as much information about the side effects and other risks so that you can make an informed decision about your medical care. Moreover, when pharmaceutical companies bring medications to the market, they have a responsibility to make sure these drugs are safe. If you or a loved one has been harmed by a defective drug, a personal injury attorney can help you obtain compensation for your injuries.

A horrific head-on accident recently claimed the lives of a seven-year-old boy and 25-year-old woman.  The accident happened around 7 p.m. on FM 1960 in Huffman.  Witnesses report that the driver of a Yukon had been traveling at a high rate of speed while weaving in and out of traffic.  The Yukon driver clipped a Mazda sedan, causing it to veer out of control and into the path of a Dodge Durango.  Neither driver could avoid the head-on crash.  Police are still investigating the accident and the driver of the swerving Yukon agreed to a voluntary blood draw at the scene of the crash. 

Head-on accidents most often happen when two vehicles traveling in the opposite direction collide with one another.  Negligence is the number one cause of head-on car accidents.  Some circumstances that lead to head-on accidents include:

• Distracted driving
• Tire blowouts
• Unsafe passing
• Driver fatigue
• Speeding
• Drunk or drugged driving
• Poor road design
• Missing or inadequate signage
• Swerving to avoid obstacles
• Poor weather conditions

Head-on accidents comprise less than five percent of all accidents, according to the National Transportation Safety Board (NTSB), but have the highest fatality rate of all types of accidents.  Head-on accidents often result in catastrophic injuries, including head trauma, spinal cord injuries, broken bones, and even death.  These serious injuries can be extremely costly financially and emotionally. 

If you are injured in a head-on accident in Texas, you should consult with a Houston personal injury lawyer as soon as possible.  You may be able to seek compensation for your damages incurred in the accident from the at-fault driver that caused the crash.  Potential damages include coverage for your medical bills, lost wages, pain and suffering, permanent disability, and much more. 

It is imperative that you act fast after the accident because vital evidence could be lost if not immediately gathered. Investigations after a head-on accident include a review of the police report, interviewing witnesses, gathering evidence at the scene, subpoenaing traffic camera footage, and more.  Armed with this evidence, your attorney can build a strong case to secure the damages you deserve.

Is speeding really that dangerous?

A recent crash between a big rig and a sedan resulted in one fatality in northwest Harris County.  The accident happened in the early morning hours near Walters Road.  Evidence gathered at the scene suggests that the driver of a Honda Accord was traveling on FM 1960 at a high rate of speed, possibly more than 100 miles per hour.  The driver hit the rear of an 18 wheeler that was moving slowly while pulling away from a traffic light.  Sadly, the speeding driver of the Accord sustained catastrophic injuries in the accident.  He was decapitated and thrown from his vehicle, and ultimately did not survive the crash.  While initial reports suggested the Accord driver may have been racing another vehicle, no evidence has been uncovered to support this theory as of yet.

Speeding Claims Lives

It may seem tempting to exceed the speed limit if you are in a rush or there are no other vehicles on the road, but it is important that you understand the true risks that come with speeding.  Speed is a factor in approximately a third of all car accidents, according to the Insurance Institute for Highway Safety.  Excessive speed results in the death of about 10,000 people each year and injuries to hundreds of thousands of others.  

Speeding can include exceeding posted speed limits as well as traveling too fast for road conditions.  Drivers who speed may not be able to stop in time to avoid an accident.  Further, the additional force that generates with speed can inflict devastating injuries.  Anyone injured in a speed-related car accident should contact an experienced Texas personal injury attorney.  Your attorney will thoroughly investigate the accident and gather evidence in support of your personal injury action.  Accident victims in Texas may be eligible to receive compensation for their medical expenses, lost wages, pain and suffering, and more from the negligent speeding driver that caused your injuries.  

Could the Crosby, Texas chemical plant explosion have been prevented?

Following Hurricane Harvey, which made landfall in Texas as a devastating Category 4 storm, the Arkema chemical plant in Crosby, Texas was rocked by two explosions.  The plant produces liquid organic peroxides that are used mainly in the making of plastic.  Due to the nature of the peroxides, when the molecules become heated enough, they start to break down, generating heat and leading to fires.  After Harvey, the floodwaters caused the plant to lose power.  Its backup generators failed, and everyone in the immediate vicinity was evacuated.  Explosions ensued, leading some to question whether proper protocol was followed.

Should the Plant Have Been Operating?

While fortunately no one was injured by the explosions, concerns still exist as to whether the released chemicals could lead to personal injuries or environmental harm. The plant has stated that the fumes should be nothing more than “noxious.”  However, safety officials are continuing to assess what byproducts were released by the smoke.

The explosions have left many people wondering why the plant was still operating in the wake of the approaching hurricane. Some safety experts believe the plant should have emptied the tanks and moved them to storage facilities as it could have foreseen a loss of power.  Alternatively, the tanks could have been vented so that the chemicals would have been lost to the atmosphere, thus avoiding the risk of fire.

Chemical Plant Explosions and Personal Injuries

Chemical plant accidents are among the most serious occupational accidents that can occur across the nation.  Many chemical plants store and utilize volatile chemicals.  When mistakes happen, these chemicals can lead to massive explosions.  Some of the largest chemical plant disasters have happened in Texas.

Thousands of employees and potentially members of the public can be injured in a chemical plant accident.  While smoke inhalation and burns are the immediate concern, long-term, exposure to these chemicals can have deadly effects.  Anyone who has been injured in a chemical plant accident should contact a personal injury lawyer as soon as possible.  Whether you are an employee or someone living in the vicinity of the plant, your attorney can evaluate your potential claim against the chemical plant.

Many of the damages in personal injury cases are the same. They usually involve medical bills, lost wages from being away from work, and pain and suffering. You may also have other damages as well, such as property damage and loss of enjoyment of life.

Determining how much your claim is worth is difficult because your losses may not have absolute dollar amounts attached to them. Pain and suffering is one of the most common damages associated with personal injury cases, but it is very difficult to quantify.

Special Damages and General Damages

Things like lost wages and medical expenses are relatively easy to calculate. These losses are referred to as “special” damage because they relate directly to a quantifiable loss unique to the accident.

For example, to find medical expenses, you simply look at the bills that your hospital has sent that relate to the crash. Calculating lost wages usually just means determining how much vacation you had to use or how many hours you were unable to work. While both of these calculations can be complicated, they end up with a “hard” number. The same cannot be said about damages related to pain and suffering.

The pain that you went through as part of your accident cannot be quantified in any reliable way. You also cannot meaningfully determine how much your pain will “cost” you in terms of dollars in the future. Nonetheless, awarding monetary damages is the only way that the law has to compensate you for the pain and suffering that you experienced because of your accident. Damages that have intangible value like pain and suffering are referred to as “general” damages.

Calculating Pain and Suffering Damages

There is no formal method to calculate pain and suffering damages. Instead, insurance companies often use a “multiplier” as a way to value your claim. They will essentially compile all of your special damages and total them. Then, depending on the severity of the injury, they will multiply that total number by a factor. The factor is usually between two and five, but it can be as much as ten in serious injuries.

Assigning the factor is somewhat arbitrary. An insurance adjuster will use his or her experience with similar claims to determine which factor is appropriate. Information regarding the type of accident and the victim will play a role. For example, a child victim will likely garner more sympathy from a jury, so his or her factor will probably be higher than an adult who went through a similar accident. Injuries that are particularly gruesome or that are expected to have long-term side effects

Juries, of course, do not use this type of estimating system. The insurance company only uses its system as a means to predict what a jury will do. It is not always accurate, but it provides a good starting point for negotiation purposes.

Getting Legal Help to Value Your Personal Injury Claim

Plaintiffs’ attorneys also have a similar method to estimate damages to determine how much your case is really worth. Experience and knowledge of the law bolster this estimation process. You should not let the insurance company talk you into a settlement that is less than what you should be compensated. Contact our firm to learn more.

If you have been involved in a car crash that was the fault of someone else, you may be able to obtain compensation for your losses related to the accident. However, getting compensated for your damages or losses is not automatic. You must present and prove your case to show the court (or an insurance company) that you are entitled to relief. This process can take considerable time and effort, and failing to show just one element of your claim can completely undermine your case.

It is critical to take the time to collect evidence and information regarding your accident as soon as you can after the collision occurs. The data you gather (with the help of your auto accident attorney) will allow you to present the best possible case that you can. It is a good idea to take the following steps to help preserve your claim after a car accident.

Information to Gather at the Scene

In severe accidents, you may not be able to collect much information at all after the collision occurs. You should always be sure to take care of yourself from a medical standpoint before worrying about your legal claim—your health and safety are the top priorities.

If you can, however, you should spend some time gathering evidence from the scene of the accident.

Photograph the Scene. Using a camera or phone, take photos of the site, including the road where the accident occurred, pictures of the vehicles involved, and any damage that may have occurred. Pictures of your visible injuries may also be a good idea. Be sure to have some method of indicating when you took the photos, whether you have a date on them or you write it down somewhere else.

Talk to Witnesses. Witnesses that have seen or even heard the accident can be very helpful for your case. If possible, speak with witnesses to see what they experienced from the crash. Be sure to also get their name and contact information as well.

Involve the Police

Having the police at the scene can be helpful for a variety of reasons. If the other person did something that may have been a violation of the law, involving the police may result in a citation for the other driver.

The police also provide an unbiased opinion about what happened after listening to both sides of the story. The police will document what they know about the accident in the police report. This report will also contain information about the other driver, his or her insurance company, and information about any witnesses.

Get Medical Attention

Even if your accident was relatively minor, it is a good idea to seek medical attention after an accident. Getting medical help right away can create helpful documentation regarding causation for your injuries.

Some insurance companies assume that you are not seriously injured if you do not seek medical attention. Be sure to also take care to follow the doctor’s orders as closely as possible. If you have restrictions on your activities, you should follow those restrictions to the letter.

Involve an Attorney

One of the best ways that you can prepare your case is by involving a personal injury attorney. Your lawyer will be able to help you build your case so you can present it in the best light possible to an insurance company or a judge or jury. CMZLaw can help. Contact us today!

Car accidents commonly cause head injuries. These injuries can range in severity from extremely minor to those that may even result in death. In fact, more than half of all reported traumatic brain injuries are the result of an auto accident. Any time there is a strong force imposed against the skull, whether that is from an object striking the skull or from a sudden stop, it can result in a debilitating head injury.

Head injuries can occur even when the victim does not have an open wound. The brain can be forced into the skull, resulting in brain bruising and bleeding. These injuries can be tough to detect, but they can be life-threatening. If you suspect anyone has a head injury after a car accident, it is essential to seek medical attention right away.

Causes of Head Injuries in a Car Accident

Car crashes are dangerous. Causes of a head injury will vary depending on the type of accident.

• Penetration Injuries. When an object pierces the skull, it can result in brain damage. The object can impact the brain or even penetrate the brain, causing bleeding and long-term nerve damage.
• Force Injuries. The force of suddenly stopping can cause damage to the brain when it hits the front and back of the skull.
• Injuries Caused by Objects. Flying objects or people in the car can hit your skull hard enough to result in a head injury. Drivers and passengers often hit their heads against the steering wheel or dashboard, resulting in a force-related injury.

Side Effects of a Head Injury

You do not have to lose consciousness to have a head injury. In fact, damage to the brain or skull may be hard to detect. If you have any of the following symptoms, you or your passengers should seek medical attention for a head injury.

• Slowed response times
• Difficulty thinking or concentrating
• Headaches
• Sensitivity to light or sounds
• Trouble with balance or coordination
• Nausea
• Feelings of fatigue
• Abnormal feelings of alertness
• Moodiness or unnatural emotional reactions

Extremely severe head injuries may also have the following symptoms.

• Seizures
• Periods of unconsciousness
• Numbness in the arms or legs
• Confusion
• Dilated pupils
• Aggression

Severe head injuries can result in additional health problems. Seek medical attention immediately.

Keep in mind that symptoms of a head injury may not appear immediately after an accident. In fact, it can take hours, days, or even weeks after the crash to notice a head injury. It is always a good idea to get a full physical after a car crash, even if you think you only have minor injuries.

Recovering from a Head Injury

The recovery timeline for a head injury will vary a great deal depending on the severity of the injury and the individual. For example, younger adults will usually recover faster than older adults.

Those who suffer from a severe traumatic brain injury may see residual effects from the injury even years after they have made an otherwise full recovery. On the other hand, less severe injuries may only take a few days to weeks to heal completely.

If you or a loved one has been involved in a car accident that resulted in a head injury, you may be entitled to compensation. Our team can help you determine whether asserting a legal claim is in your best interest. Call today for more information.

Is it illegal to eat and drive in Texas?

Eating while driving is an often unrecognized danger for drivers across Texas and the rest of the nation. While most of us realize that texting and driving is illegal and hazardous, we may not be aware that we can put ourselves and others in immense danger by attempting to eat and drive.  Distracted driving is said to be the cause of about a quarter of all car accidents, but many believe the true figure is far higher due to difficulties in identifying distracted drivers.  Before you eat while driving again, take a look at some frightening facts about eating and driving below.  If you or a loved one is injured in a distracted driving car accident, contact our Texas personal injury attorneys at Chandler, Mathis & Zivley for experienced legal assistance.    

Eating While Driving Statistics

Several recent studies have investigated the potential dangers of eating while driving.  According to a Lytex study, drivers that eat or drink behind the wheel are 3.6 times more likely to be in a car crash.  The National Highway Traffic Safety Administration estimates that driving and eating increases the likelihood of an accident by 80 percent.  Despite these dangers, 70 percent of drivers admitted to eating while driving in an Exxon Mobil survey, and even more drink beverages when on the road.  

The dangers of eating and drinking while driving lie in the extensive level of distraction these behaviors cause.  Eating and driving typically incorporates a combination of all three levels of distraction: visual distraction, manual distraction, and cognitive distraction.  Visual distraction happens when the driver’s eyes are diverted from the road, which could include looking down to open a wrapper.  Manual distraction occurs when drivers take their hands off the road, such as to hold a food item.  Lastly, cognitive distractions take a driver’s mind and focus off the road, which can happen when a driver focuses on their meal instead of the road.  

To avoid the dangers of eating while driving, it is imperative that you wait to eat or eat before leaving your house.  Pull over to eat if you must eat on the road. With some planning, you can ensure that you do not become a distracted driver.