Fort Worth Injury Lawyer Blog

Yesterday in Dallas, Texas, two workers were injured in a construction accident when a crane lowering a 9-ton pipe toppled over. The weight of the crane caused the cab of the machine to lift off the ground, leaning over the side of a building at a 45-degree angle. The pipe fell and landed on two work vehicles, while the actual crane landed on the roof. The injured included a man in one of the work vehicles who suffered a head injury when the pipe crashed into the vehicle roof. The other was a man on the roof of the building who suffered injuries to his legs and ankles.

(Photo courtesy of Star-Telegram.com)

There seems to be a rash of construction accidents involving cranes in Texas lately. Back in June, a man died in Dallas when something fell from a crane and struck him, and the very next day, three workers were hurt when a crane cable snapped at the new Cowboy stadium in Arlington. Then in July, a similar thing happened in Houston when a heavy crane toppled, but that time, the accident was so bad, that four people were killed and another seven workers were badly injured. These accidents just go to show how hazardous and unstable construction sites can be—especially when there is large machinery involved like tall cranes.

Not all of these on-the-job accidents end up in the civil legal system. First of all, the existence of worker’s compensation insurance coverage plays a role. If the injured party was covered by worker’s comp, and the accident was due to the negligence of a co-worker, then the laws of the State of Texas prohibit the injured party from making a claim against his employer. If there is no worker’s comp coverage, or if the responsible party is not a co-employee, then the injured party or their family is able to make a claim against the negligent person or company for damages.

The analysis of whether a claim can be made and who it should be against is sometimes tricky. If you are faced with the problems assocaited with an on-the-job injury, take advantage of the free case review offered by Board Certified Personal Injury Attorney Mark A. Anderson of Fort Worth, Texas.

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Posted In: Construction Accidents , On the Job Injuries

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Last November, Merck reached a tentative settlement to resolve most of the outstanding claims it had against it due to the dangerous drug Vioxx. The settlement was contingent on the number of participants. Approximately 50,000 claimants registered for the settlement and earlier this month, Merck waived it right to walk away from the settlement. Today, the first payments are scheduled to be sent out by the administrator to the claimants’ lawyers. It should be about 40% of the total payout for those receiving these checks, but it is currently unclear how many of the claimants will actually be receiving these checks.

To get to this stage of actually distributing checks only eight months after the tentative agreement was reached is really impressive. I know that sounds like a long time, but there are millions of pages of documents to process. Let’s hope all continues to go “fast” and the victims are able to receive all of the money due them very soon. Of course, if these drug companies would put people over profits, instead of the other way around, we would not have to have any of these types of claims. But like I talked about last week when news came out about the real reason for an early Vioxx study (marketing driven), the safety of its customers is not always what these companies put as it tops priority.

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Posted In: Dangerous Drugs

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The news surrounding our charter bus industry here in Texas seems to get worse every day. It all started with the tragic Sherman, Texas bus wreck which killed 17 innocent churchgoers from Houston. Soon thereafter, we started to learn about how the bus was operating illegally and how that horrible accident was easily preventable. Then, this week it came out that over the last 24 months, over 200 motor coach operators have had their authorizations to operate on Texas road revoked, according to the Texas Department of Transportation (“TXDOT”). That is an amazing 40% of all bus companies operating in Texas. Now, there are about 300 companies currently authorized to carry customers in Texas.

But the question remains: How may operators have resurfaced under another name, thereby disregarding the fact that their license has been revoked? That is what happened with the owner of the bus involved in the Sherman wreck. A company called Angel Tours lost its right to operate, so the owner reformed the company and called it Iguala BusMex. As I wrote about in Dallas Bus Company Ordered to Quit Operating, Green River Buses of Dallas was order to quit operating in April, so the owner renamed the company Autobuses Rio Verde, and started operating buses again. I know the government and the several federal and state agencies that deal with road safety are working on this "resurfacing" problem, but it has to be solved, and soon.

For some of my other thoughts on how to make traveling on buses safer, read Predictable News: Tragic Sherman Bus Wreck Easily Preventable.

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Posted In: News to Use , Truck & Bus Wrecks

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Late Friday night, an 18-year-old passenger in a Chevrolet Suburban was ejected from his vehicle when a Honda CRV ran a red light and hit the Suburban on the rear passenger side. Unfortunately, the passenger was not wearing his seatbelt as is required by Texas law. The tragic accident occurred at Highway 121 and Holfords Prairie Road in Lewisville, Texas.

I just wrote earlier this week about the huge problem we have in Dallas/Fort Worth with people running red lights. The statistics are staggering: The Insurance Institute for Highway Safety reported that in 2006, in the United States alone, there were 171,000 crashes, 144,000 injuries and 887 deaths related to red light running. In my opinion, the more red light cameras the better. But we all have to be aware and drive defensively anyway, as some folks are going to run red lights and cause accidents whether they're caught on camera or not. This serves as one more reminder of the importance of always wearing a seatbelt.

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Posted In: Auto Accidents , Wrongful Death

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In the aftermath of the tragic, and preventable, bus accident earlier this month in Sherman, Texas, the Federal Motor Carrier Safety Administration has ordered another Texas bus company to immediately cease all operations. The company, called Autobuses Rio Verde, is based in Dallas, Texas. The government has determined that it is in reality the same company as one called Green River Buses—which was ordered to halt operation in April.

The government is getting this part right. Too many companies, after being put out of business by the government, have “resurfaced” without getting caught. Maybe the government is catching up to them now. After the horrible Sherman bus wreck, I wrote about the many ways in which that accident was preventable. This latest news regarding Green River (Spanish translation: Rio Verde—not too original) is encouraging. But let’s do more and step up the monitoring of these charter bus companies. Too many people die each year in bus and truck accidents.

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Posted In: Truck & Bus Wrecks

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Last week, I wrote about the City of Fort Worth, Texas turning on its 9th red light camera. I think that if these cameras get people to stop running red lights and lower the number of dangerous car accidents, then they are a great idea. The statistics from other North Texas communities that are using red light camera show that they do indeed work.

Today, I read in the Fort Worth Star-Telegram that there are products out there which consumers can buy to help them not get ticket as a result of these cameras. One product is good and the other should be criminal. The first is a GPS receiver which can be programmed to alert the driver if he or she is approaching a red light camera. I think this is good as it will only encourage the driver to slow down and be cognizant of the approaching light. In fact, the intersections have signs that tell you ahead of time that it is a camera monitored intersection. So this is a good product.

The other one is a spray you can use on your license plate which will supposedly obscure the plate so that the camera will not be able to read the license plate number. So if this product were to work as intended, it would allow the driver to run the red light and get away with it. This encourages red light running—so it should be illegal. The good thing for us citizens of Fort Worth is that this spray does not work on the high quality cameras our city uses.

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Posted In: Auto Accidents , News to Use

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Late this week, the Federal Drug Administration informed healthcare professionals that an ongoing study has uncovered a possible link between the cholesterol lowering drug Vytorin and various forms of cancer. The study, called Simvastatin and Ezetimibe in Aortic Stenosis (SEAS) trial, is designed to see if the drug will reduce the risk of heart problems in people with narrowing of the arteries. The results of the study will not be ready for 3 more months and it will take the FDA another 6 months to evaluate the results. In the meantime, there is no one calling for patients to stop taking the drug, but patients and doctors are encouraged to monitor and report any side effects.

In related news, other researchers who last year said there may be a link between statins (including Vytorin and Zocor) have now said additional work has shown that there is no such link. This report is found in the Journal of American College of Cardiology.

So what should you do if you are on Vytorin, Zocor (or its generic simvastatin) or another statin? I say keep an eye on your health and talk to your doctor if you are concerned. I am taking simvastatin and I plan on keeping track of the results of the study. I know from handling many cases involving dangerous drugs that you have to keep an eye on these things and don’t be afraid to ask questions. As I wrote about earlier this week, you can’t always trust what the pharmaceutical companies are telling you.

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Posted In: Dangerous Drugs , News to Use

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Harley-Davidson just announced it is recalling all of its 2008 Touring models due to a finding that the fuel-filter shell may crack. This could cause the motorcycles to slow or stall and could then lead to a motorcycle accident. This is a voluntary recall and affects almost 50,000 of these motorcycles. According to the company, which is based in Milwaukee, no accidents due this defect have been reported.

So if you own a 2008 Harley with a FL designation, call your local dealer or call the company at 1-414-343-4056. This is not something you want to put off. For a copy of the official recall notice from the National Highway Traffic Safety Administration, click here.

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Posted In: Motorcycle Accidents , News to Use

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According to researchers, the main purpose behind a 1999 clinical study (called Advantage) done by Merck on Vioxx was not to test potential side effects, but instead, it was meant to support a marketing campaign before the launch of this once-popular pain killer. Merck sold about 2.5 billion dollars-worth of this dangerous drug annually before the Food & Drug Administration ("FDA") called for its withdrawl in September, 2004. That's when another study showed that long-term Vioxx users had twice the risk of strokes and heart attacks.

The researchers published their findings this week in the Annals of Internal Medicine Journal. The researchers said that "seeding" (or marketing) studies such as this had long been suspected, but there had not been a "smoking gun" like this before. The original Merck study was also published in the Annals of Internal Medicine. The editor of this journal says Advantage's main purpose was not disclosed to it when the journal published the original article.

Frankly, I am not surprised by this news. Merck does put out some effective drugs, but efficacy is not the same as safety. Unfortunately, safety often gets in the way of making a profit.

It's no wonder that Merck agreed to pay 4.85 billion dollars in a massive settlement of claims last year. Considering this "smoking gun" evidence of greed, it was probably a wise move to enter into that settlement. This is just another unfortunate example of considering profits over the lives of consumers.

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Posted In: Dangerous Drugs

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As we are in the midst of an economic downturn, two of the largest and most profitable insurance companies operating in Texas (Allstate and State Farm) have filed rate requests with the Texas Department of Insurance. Allstate filed for an increase of 3.6% for Allstate Indemnity (affecting 694,000 drivers) and for 5.5% for Allstate County Mutual (affecting 435,000 drivers). State Farm’s hike in rates will be 2.4% for State Farm Mutual and a whopping 7.3% for State Farm County Mutual. Ouch!!!

I am skeptical of the stated reasons of a greater frequency of claims and rising costs of bodily injury claims. Having been in the business for 17 years, I certainly don’t see it. I think this is just another example of corporate greed. And as the leader of Texas Watch (the consumer protection group) said, this comes “at a time when Texans are struggling to keep up with the rising costs of gasoline, food and housing.” Great going, Allstate and State Farm.

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Posted In: Auto Accidents , News to Use

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A quirk in the law has allowed a dog bite to go unpunished. Earlier this month, a five-year-old Denton County boy was attacked by a pit bull after the dog dug under a neighboring fence. The child’s mom rushed him to the hospital where his significant wounds were treated. The doctor advised that if the dog had some sort of disease, that the stitching could make things worse as the disease would be trapped in him. The mom decided against stitching, which makes complete sense.

The dog was properly quarantined for 10 days, but because there were no stitches, he was released to his owner with no further repercussions. Last night, KXAS reported that if the child would have had stitches, then the dog would have possibly been put down after a hearing by a judge.

Who would have thought that the mother’s decision to not let her son have stitches would let the dog off? Why do stitches make a difference? Since the dog’s fate would not be decided until a hearing is held, then the fact of stitching should make no difference. I am not saying this dog needs to be put down, but that should certainly be considered--stitches or not. Here we have an innocent five-year-old playing in his own backyard. I would assume that he will be absolutely petrified to go back there and play again. It's like her son is being punished and not the dog! Sounds like a quick in the law which needs to be fixed.

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Posted In: Dog Attacks

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The City of Fort Worth, Texas turned on its ninth red light camera today. This one is at the intersection of East Lancaster and Sandy Lane. These cameras take still pictures of the front and back of your car if you run a red light. You then receive a $75 citation in the mail. While they obviously collect revenue for the City, the main purpose is to discourage people from running the red lights and causing accidents. The other intersections where cameras currently operate are:
• Eastchase Parkway and Meadowbrook Blvd
• E. Long Avenue and Deen Road
• S. Hulen Street and Bellaire Drive South
• McCart Avenue and Westcreek Drive
• Bryant Irvin and West Vickery Blvd
• Eighth Avenue and Elizabeth Blvd
• N. Beach Street and Western Center Blvd
• East Lancaster and Riverside Drive

As a lawyer who handles car accidents, among other cases, I am acutely aware of the dangers caused by running a red light. The impact is often in the side of one of the cars (called a T-bone) and results in horrible injuries as there is not much protection on the side of your car. The Insurance Institute for Highway Safety has reported that in 2006, in the United States alone, there were 171,000 crashes, 144,000 injuries and 887 deaths related to red light running.

So, do these cameras work? Yes, they do. Like everyone else, I try not to run red lights. On my way to and from work, I go through one of the intersections with a red light camera. I must say that I am a lot more careful and aware at this intersection. More important than my personal observations are the statistics. The statistics also show that these red light cameras definitely help to reduce accidents. Many cities across Texas and the United States have installed them and have reported a large decrease in both red light violators and crashes. Other local cities that have them include Arlington, Grapevine, Southlake and Dallas. There has been a reported 20% to 50% in crashes at these intersections. Sounds like a good thing for the local cities to do.

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Posted In: Auto Accidents , News to Use

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The Houston, Texas jury has spoken and has rejected the claim brought by a Continental Airlines flight attendant against mega church pastor Victoria Osteen. At the beginning of the trial, I noted that the trial should be interesting and that the plaintiff better have good evidence of damages. After reading about the trial for a week, it is clear that damages weren’t the only problem faced by the plaintiff. The evidence apparently was overwhelming that no assault occurred. Besides Mrs. Osteen, other passengers and even Continental co-employees all testified that no assault occurred.

At the start of the trial, I had assumed that there would be better evidence presented of an assault. I based that assumption on the fact that the FAA had fined, and Mrs. Osteen had paid, a $3,000 fine as a result of the incident. I guess I assumed that the fine would have been challenged, and won, had no assault occurred. Maybe the plaintiff’s lawyer made the same assumption and put all his eggs in that basket.

These types of cases aren’t representative of the cases tried at courthouses around Texas, but they are the ones that get all the press. This case highlights the need for lawyers to get all the facts they can before they pursue a case this far. If a case is a swearing match between the participants, but all the witnesses favor one side, that side will win every time. The juries usually get it right.

I wonder who will star in the next “celebrity” lawsuit? Stay tuned.

(Photo courtesy of ABCnews.com)

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Posted In: Trial News

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The still developing news surrounding the bus wreck in Sherman, Texas is extremely disturbing. When I first blogged about this accident that killed 17 Vietnamese church-goers, the word of the accident had just reached the news media. At that point, no one knew what caused the wreck to happen. I had a feeling that the investigation would reveal it would be yet another preventable accident involving a charter bus. Well, my suspicions were correct. Here are a few of the many ways this wreck could have been prevented.

Better Driver Screening – the driver had been convicted of DWI and also had convictions for assault, criminal trespass and a felony of unlawful use of human services--not the kind of person you want driving your bus.

Better Company Screening – the owner of the bus company had been shut down in late June due to a poor review by federal regulators. So, the owner simply started a new company and applied for a new license. The Federal Motor Carrier Safety Administration has now stopped granting licenses nationwide to new bus companies until it gets it computer system updated to catch these types of name games. Did the federal government not think of this before this wreck?

Mandate Safer Buses – Per the National Transportation Safety Board, the owner put on recapped tires in violation of federal law. That is hard to police, as “bad” bus operator will always try to skirt the law. But the federal government should at least mandate that buses use available safety features and not allow the buses on the road until the buses comply. A good start would be to require lap and shoulder belts and to use laminated glass (to help prevent ejections). Until the government mandates these changes, the bus companies undoubtedly will not step up and do the right thing.

These suggestions are easy to implement. Let’s get them done now before another preventable bus wreck occurs.

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Posted In: Accident Investigation , Truck & Bus Wrecks , Wrongful Death

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Yesterday, the Federal Drug Administration (“FDA”) issues a warning about the use of Simvastatin and Amiodarone together. The FD warned that these two drugs used together can cause a muscle injury called Rhabdomyolysis, which can lead to kidney failure of even death. This wrning, which is issued to healthcare professionals, says the risk is dose related and increases when the dose of Simvastatin is greater than 20 mg per day.

So who is taking these two drugs together? Simvastatin is used to lower cholesterol. It is marketed under the trade names Zocor, Simvastatin, Simlup and Simcard. It is designed to decrease the user’s LDL level. Amiodarone is a medication used to treat irregular heart beat.

So if you are being treated for high cholesterol and irregular heart beat, take a look in your medicine cabinet. If you are taking these two drugs, call your prescribing doctor and talk about this new warning. They should know about the new warning, but it is good to bring it to their attention. And don’t underestimate the problem of Rhabdomyolysis just because it is defined as muscle injury. It can indeed be minor soreness, but I know from first hand experience the dangers of “rhabdo.” A few years ago I represented many individuals (and their families) who had rhabdo which lead to kidney failure and death after they took the cholesterol lowering drug Baycol. That drug caused so many problems, it was taken off the market. So again, I stress, don’t be a victim, take matters in your own hands and talk to your doctor about your medication options.

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Posted In: Dangerous Drugs , News to Use

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Today, the New York Times had an article on a soon to be released study which analyzes the decision to settle of go to trial. The study, which will be published in the Journal of Empirical Legal Studies, is based on over 2,000 cases which have recently gone to trial. It found that plaintiffs made the wrong decision to proceed to trial in 61% of the cases and that the average difference between the rejected pre-trial offer and the final award averaged $43,000. On the other hand, the study found that the defendant was wrong to go to trial in 24% of the cases, but the consequences were much worse, as the difference between the rejected offer and the final award averaged $1,140,000. The study found that in 15% of the cases both sides were right to go to trial, which means the defendant paid less than the plaintiff wanted but the plaintiff was awarded more than the amount of money offered by the defendant.

So, what does this study tell us? In my opinion, very little. First of all, each case is different and to base a settlement decision on a study is flawed reasoning. Each litigant must rely in large part on the advice of their attorney. The parties have to hope they have retained an experienced litigator who fully understands their case. The attorney must understand the good and the bad parts of the particular case, and believe me: all cases have strengths and weaknesses. Many factors go into a case evaluation: witness credibility, evidentiary evaluation, venue considerations (how do juries in your locale look at your particular case) and the tendencies of the particular judge hearing the case. These are just a few of the many, many things an experienced litigator must take into account in coming up with his or her recommendation on whether to settle the case or to pitch it to a jury.

Another problem with studies such as this is they do not take into consideration the settlement discussions of the parties. Sometimes one side or the other makes no reasonable attempt to get the matter resolved. If the plaintiff hangs the fruit too high, so to speak, then the defendant is not inclined to make a reasonable offer as it will be thought of as useless. Or if the defendant only is offering a token amount when the case is worth much more, then the plaintiff will not be inclined to make a demand in the “range of value.” So how does a case get productive negotiations going? Usually it takes lawyers on both sides who understand the case and it usually takes a good mediator who will take the time to understand the case and help the parties see if a settlement can be reached. The statistics here in Texas show that most cases settle at mediation or soon thereafter.

This study reinforces two things I already knew. One, the parties must make sure they hire the right kind of lawyer for their case, which usually means an experienced specialist in the field that their case involves. The other thing that this study reinforces is that the lawyer needs to make sure he or she does everything they can to properly evaluate the case and prepare it for trial. If the attorney does their job properly, then there is a good chance the value of the case will be properly targeted. And if it settles and that is what the client wants, then that is good—and if it goes to trial, the attorney will be ready to put on the best case possible

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Posted In: News to Use , Trial News

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A report on CNN just detailed a horrible bus accident which occurred earlier this morning in Sherman, Texas. The bus was carrying passengers of all ages from a church with a large Vietnamese congregation. The scene is currently being treated as a crime scene, but the current speculation is that the bus apparently blew a tire and ran off the road, catching fire. There were eleven passengers who were pronounced dead on the scene. Eighteen medical helicopters transported many injured passengers to hospitals in Dallas, Texas and in Oklahoma City, Oklahoma. The CNN report also said that two more passengers died in the hospital, bringing the total current death toll to 14. The National Transportation Safety Board is on the scene and conducting its investigation.

While we take the safety of commercial buses for granted, it seems like every year there is a terrible crash in Texas. Oftentimes this is the result of driver error by the bus driver of inadequate maintenance by the bus company. I don’t know what the ultimate cause of this accident was, as it is still too early. A detailed investigation needs to and will occur. But my fear is that we have just witnessed another accident that could have been avoided. Tragic news.

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Posted In: Accident Investigation , Truck & Bus Wrecks , Wrongful Death

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