Did You Know About These Two Hidden Vehicle Dangers?

Automakers are required by law to issue recalls for defective auto parts. However, there are instances where dangerous vehicle features are not considered defective by regulators or automakers. In these cases, recalls may not be issued by automakers and consumers may be unaware these dangers exist.The hidden vehicle dangers that will be discussed in this blog have been known to regulators and auto manufacturers for years. Although there have been injuries and deaths, many vehicles may still contain these features.

Hidden Danger #1: Getting Stuck in Power Windows

According to KidsAndCars.org, thousands of children have been killed or injured by power car windows. Injuries and deaths occur when children stick their heads out of windows and then unintentionally roll them back up. In these cases, the keys were left in the ignition or the engine was running. Parents may leave the car on with the air conditioning running while mistakenly believing their children are safe.Power windows can exert between 30 to 80 pounds of force. It takes only 22 pounds of force to suffocate or injure a small child. Statistics collected by the National Highway Traffic Safety Administration (NHTSA) show that more than 50 children have been killed by power windows since 1990. Additional children have suffered traumatic brain injuries and amputation of fingers. Most of these victims were three years old or younger.The most recent victim of a power window accident was a two-year-old in Lafayette, Indiana. According to the parents, they placed the two-year-old boy and his sister in a vehicle with the air conditioning running while they worked nearby cleaning out another car. At some point, the boy woke up from a nap, rolled down the window and stuck his head out. He then triggered the power window and rolled it back up on himself. By the time emergency responders arrived on the scene, he had gone without oxygen for more than 40 minutes. Emergency personnel revived the boy but he died several days later at a hospital.

Hidden Danger #2: Rear-End Accidents and Seatback Failures

A CBS News investigation from last year found that seatback failures have injured or killed more than 100 people in the US since the late 1980s. Seatback failures can occur when a collision causes the seat to launch backwards, such as during a rear-end accident. If a passenger is sitting in the backseat, then they can be hit by an occupant in the front seat.Several years ago, Audi was sued by the family of a Texas boy who suffered a traumatic brain injury from a seatback failure. In 2012, the boy was riding as a backseat passenger when his father was rear-ended by another driver. The seat launched backwards and changed their lives forever. According to the boy’s father, his son now lives with permanent brain damage, partial paralysis and vision problems.In a deposition, Audi engineers claimed that the front seats of the father’s vehicle were designed to hit the knees of backseat passengers to absorb some of the force. However, children take the full force of the impact because they are much smaller. A Texas jury awarded the boy and his family a $124.5 million verdict.

Can I File a Product Liability Lawsuit for Auto Parts?

It is important to speak with an attorney after an accident involving vehicle features or equipment. Personal injury attorneys have experience investigating cases that involve dangerous products. Depending on the circumstances, it could be possible to file a product liability lawsuit against the manufacturer or other parties. However, it would be difficult for the layman to determine whether this is an option.The Texas personal injury attorneys at Mike Love & Associates, LLC can help victims of dangerous consumer products determine their eligibility for filing lawsuits. We also have page that can help you learn the basics of product liability lawsuits.

Can Homeopathic Products Be Dangerous for Children?

Homeopathic products are marketed to the public as alternative medicines that can treat various health problems. However, in recent months, some of these products have been linked to injuries and deaths. Homeopathic magnetic bracelets are the most recent product of concern. These bracelets are marketed as a way to improve blood flow and “electromagnetic energy balance.” They may also be a source of lead exposure.According to the Centers for Disease Control and Prevention (CDC), a 9-month-old baby in Connecticut had dangerously high levels of lead in her blood after using one of these products. The lead exposure was first spotted by a lab test during a routine checkup. At first, the girl’s doctors assumed she had been exposed to lead paint. An investigation did discover lead paint on two windows in the girl’s house. However, this theory was ruled out because the girl’s siblings did not have excess lead in their blood.It turns out the parents had purchased a homeopathic magnetic bracelet at an artisan fair. According to the parents, they believed the bracelet would help ease their daughter’s teething pain. The child repeatedly stuck an object in her mouth. Lab tests discovered the bracelet contained lead at 17,000 parts per million – 170 times the amount lead allowed in children’s products under federal regulations.Children who are exposed to lead may suffer from multiple adverse health conditions. They may develop brain, kidney and nervous system damage. In addition, they have a heightened risk of learning disabilities and other cognitive problems. Severe exposure may cause lead poisoning, which can result in coma or death.

Are Homeopathic Supplements Regulated?

Homeopathic medications do not have US Food and Drug Administration (FDA) approval to treat any health conditions. These products do not go through the same rigorous review process as FDA approved prescription medications and medical devices. As a result, they may contain harmful substances that can lead to catastrophic injuries or wrongful death. The same could be said for regular (nonhomeopathic) nutritional supplements. For example, a study published in the medical journal Hepatology found that certain bodybuilding or weight loss supplements contain substances that cause liver damage.There are also other cases of homeopathic products that allegedly caused injuries or deaths. Hyland’s homeopathic Teething Tablets were found to contain varying levels of belladonna alkaloids. Belladonna is more commonly known as deadly nightshade. The product was finally recalled after intense pressure from the FDA and the public. Lawsuits have been filed by parents who allege the tablets were responsible for the deaths of their children.Parents of children harmed by homeopathic products may be able to file lawsuits. Manufacturers or retailers who sold the products may be liable for injuries or deaths. The ability to collect a judgment would depend on the circumstances. If your child was harmed by a homeopathic product, then it is important to discuss your situation with an experienced Texas personal injury lawyer.

Is Speeding a Main Cause of Fatal Auto Accidents?

The National Transportation Safety Board (NTSB) recently released a report that claims speeding and drunk driving cause an equal number of fatal car accidents. According to the NTSB report, speeding was a factor in 112,580 deaths between 2005 and 2014. This number accounts for 31 percent of all highway fatalities. This report also has major implications for people in Lufkin and our surrounding counties. The NTSB report claims that accidents involving speeding are three times more likely to occur on local roads than highways. Angelina County has an abundance of both types of roads.Car accidents that involve speeding are not always fatal. In some cases, the impact may cause life-changing catastrophic injuries. NTSB’s report found that speeding injured 336,000 people in 2014 alone. Forty-percent of these victims were pedestrians, cyclists or motorists who were driving under the posted speed limit.Depending on the type of injury involved, an accident survivor may need care for the rest of their lives. Take for example someone who receives a spinal cord injury that results in tetraplegia. This is where the person has limited to no control over all four limbs. A person with tetraplegia will require specialized care and equipment for the rest of their lives. Pedestrians and cyclists are most likely to suffer these injuries after being hit by motorists who are speeding. They have no protection to guard against the impact of being hit with a large and fast-moving object.

Do I Need an Attorney After an Auto Accident?

It is wise to consult with an attorney after a car accident, whether the cause was speeding or other factors. An attorney can help after a car accident in several ways, such as:

• Fighting insurance companies: The car insurance payout from your accident may not be enough to cover medical bills, lost income and other expenses. An attorney can work on your behalf to ensure that you are compensated.
• Gathering evidence: Your attorney can help establish fault for the accident by finding evidence that helps your case. For example, they may be able to get a court order to obtain the electronic control module from the at-fault driver’s vehicle. The ECM could show whether the other driver was speeding at the time of the crash. In addition, traffic cameras, police reports and other evidence may also exist.
• Filing a personal injury lawsuit: An attorney can file a personal injury lawsuit on your behalf. Damages from a lawsuit could help cover the costs of wrongful death and catastrophic injuries.

Speeding is an incredibly selfish act, yet we see people speeding on our roads daily. The lives of other people are not worth arriving at a destination a few seconds or minutes faster.If you or a loved one were hit by a negligent driver, then the Texas auto accident attorneys at Mike Love & Associates, LLC could help you learn of your rights and possible legal options.

Can Football Concussions Cause Permanent Brain Damage?

Many Texans consider football to be an important part of our culture. Plenty of movies and books have been written that describe Texas football culture in detail. However, this is a sport that should be treated with both respect and caution. In some cases, football concussions can put players at risk of suffering permanent brain damage.A new study released by Boston University discovered that brain health can decline after several years of playing the sport. Researchers at Boston University examined the brains of 202 deceased football players. According to the results, 87 percent had signs of chronic traumatic encephalopathy (CTE). CTE is a degenerative brain disease that was first discovered in 2005 by Dr. Bennet Omalu. The condition can develop overtime after suffering multiple concussions. What makes the Boston University study alarming is that some of the brains examined belonged to athletes who had only played high school football. However, they still showed signs of CTE.If you saw the movie Concussion starring Will Smith as Dr. Bennet Omalu, then you may already be somewhat familiar with the debilitating symptoms caused by CTE. For example, people suffering from CTE may be more prone to apathy, depression and substance abuse. They can also suffer from short-term memory loss or impulsive behavior. Unsurprisingly, many of the symptoms of CTE have been compared to dementia. CTE is irreversible and the symptoms caused by the disease can worsen over time, especially when additional concussions occur.In addition to CTE, football concussions can also cause second-impact syndrome. Second-impact syndrome occurs when a player suffers two back-to-back concussions within a short timeframe. While this condition is exceedingly rare, it is responsible for several deaths and cases of severe brain damage. Athletes who survive second-impact syndrome can require specialized medical care for life.Many states, including Texas, have laws that are designed to prevent second-impact syndrome. In Texas, we have Natasha’s Law. Coaches and athletic directors in our state are required to undergo training that can help them identify players with concussion symptoms. After they are identified, these athletes are removed until they are cleared to return to play.

Can I File a Concussion Lawsuit?

If a high school athlete is suspected of having a concussion injury, then they should be removed from the field and examined by a medical professional. An athlete with severe concussion symptoms may take days or weeks to recover before it is safe to return to playing.While Texas football (and arguably other sports) are very competitive, the desire to win a game should never jeopardize the safety of our young athletes. There are cases where the school or athletic program could be held accountable when players are injured.

When Is a Truck Company Responsible for an 18 Wheeler Accident?

Large commercial trucks are much more likely than other vehicles to cause catastrophic injuries and deaths. These massive commercial vehicles can weigh up to 80,000 pounds when they are fully loaded. For this reason, truck companies and commercial drivers are required to be compliant with state and federal regulations that help prevent truck accidents. Unfortunately, some truck companies may ignore these regulations. In some instances, these companies have negligent business practices that may cause truck accidents. Examples of trucking company negligence that could cause an 18 wheeler accident include:

• Negligent hiring: Trucking companies may hire drivers who are unfit to operate commercial vehicles. For instance, if a trucking company were to knowingly hire a driver with an extensive history of safety violations, it could be considered an example of negligent hiring. Another example could be if a trucking company were to hire a driver who is medically unqualified to operate a commercial vehicle. Trucking companies must perform extensive background checks on commercial drivers before extending offers of employment.
• Negligent retention: A trucking company could be liable for an accident if it continued employing a driver who is unfit to operate a commercial vehicle. Trucking companies must conduct annual reviews for drivers.
• Hours of service violations: Federal regulations require trucking companies to ensure that their drivers are in compliance with hours of service regulations. These are “cut-off times” where it is no longer permissible to operate a property-carrying commercial vehicle. However, trucking companies may allow their drivers to commit hours of service violations. As a result, their employees may cause fatigued driving accidents.
• Poor maintenance practices: Commercial vehicles can break down and cause accidents when trucking companies fail to perform regular maintenance. For example, pieces of a semi-truck, such as the driver’s shaft, could come loose and hit other vehicles. If brakes were not maintained or replaced, then a semi-truck may be unable to stop in time to avoid a collision.
• Unsafe loading practices: Cargo must be loaded into a commercial truck correctly. If cargo is not properly tied down, then it can shift and cause a rollover crash. In addition, a rollover crash could also occur if the weight of cargo is not evenly distributed throughout the trailer.
• Failure to follow regulations: There are numerous other Federal Motor Carrier Safety Administration (FMCSA) statistics that trucking companies are required to follow. A trucking company could also be liable when a violation causes an accident.

Do I Need an Attorney After an 18 Wheeler Accident?

Our blog today does not cover an exhaustive list of instances where a trucking company could be liable for an accident. If you or a loved one were harmed during a crash with a commercial truck, then it is important to discuss your situation with an experienced Texas truck accident lawyer.At Mike Love & Associates, LLC, our attorneys provide free consultations that could help determine whether a trucking company is responsible for your accident. Texas truck accident attorney Mike Love is the former owner of a truck company. Other law firms throughout Texas have sought Mike Love’s assistance on truck accident lawsuits.