What Are the Most Common Swimming Pool Dangers?

There are several types of summer activities we enjoy here in Texas, including family trips to the swimming pool. However, swimming pools found in private homes, gyms, recreational centers, and parks may contain safety hazards. Many of these hazards are created by negligent business practices or defective products. As a result, you and your loved ones are placed in harm’s way. Common swimming pool dangers may include:

• Inattentive or untrained lifeguards: Some swimming pools contain lifeguards. Texas law requires lifeguards at certain swimming pools or during specific events. These individuals must remain attentive at all times to respond to emergencies. They should not be texting or engaging in other distracting activities. Lifeguards should also be trained to respond to specific emergencies, such as an accidental drowning. All lifeguards should possess CPR training.

• Defective equipment: Swimming pool equipment, such as drains or diving boards, can contain dangerous defects. For example, there are multiple instances where defective underwater lights electrocuted swimmers. Defective pool and spa drain covers may create suction powerful enough to drown swimmers. In other cases, diving boards may contain defects that pose a fall risk.

• Lack of signage: Public pools should contain several types of warning signs. For example, these pools should display signs warning when lifeguards are not on duty. Other signs should alert parents that children should not use pools without being supervised. Pools should also contain “No Diving” signs. The latter example is crucial to remember, as diving accidents are a preventable cause of spinal cord injuries.

• Poor maintenance: Both public and private swimming pools require regular maintenance. For example, underwater lights can break down and pose a hazard to swimmers. In rare cases, untreated pool water may also cause catastrophic injuries or wrongful death. Naegleria fowleri (the brain-eating amoeba) can be found in untreated swimming pools during warm weather. After this parasite infects the brain, most people die from brain swelling caused by primary amoebic meningitis. Those who survive may require a lengthy rehabilitation period.

• Broken gates: Swimming pools should be surrounded by fences and accessible by opening gates. Pools with broken gates are accessible to young children. In such cases, accidental drownings may occur.

Can I File a Lawsuit After a Swimming Pool Accident?

If you were injured or lost a loved one during a swimming pool accident, an attorney can help in several ways. For example, you may have signed a waiver at the recreational center or gym where the incident occurred. Depending on the circumstances, a business or recreational center can still be held liable for an injury or death even if a waiver was signed. An experienced attorney can look at the circumstances of the accident and the waiver. Some laws set safety standards for swimming pool equipment. For example, pool drains must comply with the regulations outlined in the Virginia Graeme Baker Pool & Spa Safety Act. An attorney will be well-versed in these laws and can determine whether the property owner complied with them.

Injured? Contact the Texas personal injury attorneys at Mike Love & Associates, LLC. We are dedicated to making our community safer. Our attorneys can help you review potential legal options for recovering damages if you or your child was injured at a swimming pool.

How Can I Make Sure a Child Car Seat Is Installed Correctly?

Motor vehicle accidents are the leading cause of death in the U.S. for children between the ages of 3 and 14 years old. Statistics collected by the Centers for Disease Control and Prevention (CDC) show that 663 children 12 years old and younger died in car accidents during 2015. In 2014, 121,350 children suffered injuries during car accidents. However, the CDC also states that you can improve your child’s safety in a car crash by using car seats correctly. According to a study cited by the CDC, states with strict child car seat laws have lower rates of children who suffer catastrophic injuries or death during car accidents. The National Highway Traffic Safety Administration (NHTSA) has issued several recommendations to improve the effectiveness of child car seats. These recommendations may include:

• Choosing the right seat: There are different types of seats available, each suited to your child’s age and size. Rear-facing car seats are designed for newborns and infants. On the other hand, forward-facing seats with harnesses are intended for children aged 2 to 5. Children should use booster seats until they can wear regular seatbelts. The NHTSA has published a chart to help you select the correct car seat.

• Installing the seat correctly: If you are not already familiar with child safety seats, then it is best to have a professional perform the installation. The NHTSA offers a web tool that lets you locate and select suitable locations to install your child’s safety seat. Enter your ZIP code, and it may display several results, such as fire stations and offices operated by the Texas Department of Transportation. You can also use these services to perform an inspection on your child’s car seat. Please call ahead to confirm that these locations still offer their services.

Can Child Car Seats Cause Injuries?

Your child could still suffer catastrophic injuries or wrongful death even if you select the right car seat and perform the installation correctly. In some cases, your child’s car seat may contain manufacturing or design defects. For example, Graco issued a recall for 25,000 “My Ride 65” car seats sold in the summer of 2014. Recalls of child car seats are not rare. You can use NHTSA’s website to check if your child’s car seat is under recall. The best way to do this is to register the car seat with your manufacturer and sign up for NHTSA recall notices. This will allow you to receive recall notices from both NHTSA and the seat’s manufacturer.

If your child was harmed while using a safety seat, it is essential to consult with a product liability attorney to discuss potential legal options. Depending on the circumstances, it may be possible to secure damages from the manufacturer or other parties. This could help cover expenses such as medical bills, rehabilitation costs, and compensation for pain and suffering. Contact the Texas product liability attorneys at Mike Love & Associates, LLC. We are dedicated to fighting against negligent business practices that harm innocent people. If a defective car seat harmed your child, then our attorneys can help determine whether you have legal options for damages.

What to Do If You Are Hit by a Car While Bicycling?

Bicyclers may think they are ok after being hit by a car. A recent article on Active.com discusses a case involving Seattle attorney John Duggan, who was struck while riding his bicycle. He thought he was unharmed and didn’t know who was at fault for the accident, so he and the driver parted ways. A half-mile down the road, Duggan started experiencing severe pain and had to go to the emergency room with wrist and shoulder injuries.

Steps You Should Take If Hit on Your Bicycle

• Contact the police as soon as possible after an accident to obtain reliable documentation of the accident and its cause, which will be helpful for insurance claims or if a personal injury lawsuit needs to be filed. Insurance claims often do not reach fair settlements for accident victims, which is when a personal injury lawyer can be beneficial.

• Talk to witnesses: Any witnesses that saw the accident should be asked if they don’t mind including their recollection of the accident to the police. Witness reports can strengthen your case. Be sure to record the witness names and contact information yourself; the police often omit this information in their reports.

• Get the driver’s insurance/contact information: In the story mentioned above, Duggan didn’t ask for the driver’s information because he thought he wasn’t injured and wasn’t sure if the accident was his fault. Even if you do not know it, exchange contact information in advance to address future health or insurance issues.

• Get medical help: Seek medical attention as soon as possible after an accident. Even if you seem alright, you may experience delayed symptoms.

Will My Car Insurance Cover a Bicycle Accident?

Many times, your car insurance will cover damages caused by being hit by a bicycle. It depends on your insurance policy, but if it includes Personal Injury Protection Coverage(PIP), you may be covered. PIP covers damages regardless of who’s at fault, and can include coverage for lost wages in the case of an injury. Another coverage option that can help is Uninsured/Underinsured motorist coverage. With this coverage, your insurance company steps in to cover damages the other driver is liable for but cannot afford to pay. Every insurance policy is different, and you can find out by calling our office for a free review. It can be beneficial to consult a personal injury attorney with years of experience reviewing insurance policies and determining fault in accidents. Lufkin personal injury attorney Mike Love offers free policy reviews and is dedicated to challenging insurance companies to ensure they provide the minimum coverage required by law.

What If a Truck Hit Me Because of Bad Weather?

In the event of inclement weather, many things can go wrong on the road. Visibility diminishes, roads become more slippery, and other drivers usually slow down. If proper precautions are not taken, it is much easier to be involved in an accident under these conditions. Certain factors will determine whether the truck driver was negligent during bad weather.

Dangerous Negligent Behavior During Bad Weather

• Speeding: During inclement weather, speeding is considered more negligent than it is on a clear day. Cars need to be at, or below, the speed limit in a severe storm. Speeding is one of the leading causes of accidents, but proving it can be hard. Lufkin truck accident attorneys pair with accident reconstruction specialists who use calculations to prove how fast a truck was going at the time of the accident.         

• Not using headlights: In darkened skies, drivers should use their headlights. Was the truck that hit you equipped with its lights?

• Improperly inflated or worn-out truck tires can easily lead to accidents. Other issues with the truck may arise from a lack of inspections and from failures to meet regulations governing trucks and trucking practices.

The Trucking Industry May Try to Discredit Your Claim

Trucking companies are accustomed to dealing with the consequences of semi-truck crashes. Truckers often get overworked and may be asked by their employers to work illegal long hours, leading to trucker fatigue, which can be very dangerous for other drivers on the road. Other rules truckers need to follow include weight limits, properly securing cargo, and inspecting the truck for mechanical issues. Even if a trucking company or its insurance company is compliant with your accident claim, they will likely try to offer the smallest amount of coverage possible, which will not cover the extent of the damages to your vehicle and any resulting medical expenses.

How Can a Truck Accident Lawyer Help Me Fight Back?

• Accident reconstruction specialists: These technical experts apply physics and mechanics to reconstruct accident scenarios and determine drivers' speeds and other key details.

• Insider knowledge: Lufkin truck accident lawyer Mike Love owned a trucking company before he became a lawyer. This gives him insider knowledge into how trucking companies can cut regulatory corners to make more profits, putting drivers on the road in jeopardy. Injured? Contact us today. We can help.

Do I Have to Pay for an Accident That Wasn't My Fault?

You would assume that after an accident that was the fault of another driver, all your damages would be covered, either by their insurance company or your own. Most of the time, this is the case. However, some drivers may still have to pay for vehicle or bodily damage out of pocket, even if the accident was not their fault. How can this be? Keep reading to find out.

Uninsured/Underinsured Motorist Coverage

In Texas, drivers are not required by law to carry Uninsured/Underinsured Motorist Coverage. UM insurance ensures your insurance company will cover damages in the event a driver hits you without insurance. A 2012 study by the Insurance Research Council found that 12.6 percent of drivers in the US are uninsured. UIM insurance covers drivers who are hit by a driver whose insurance plan doesn’t offer enough money for the damage they caused in an accident.

How Does UM/UIM Coverage Work?

With UM/UIM insurance coverage, your insurance company is responsible for paying the damages you incurred from the uninsured/underinsured driver. In the case of a UM/UIM accident, your insurance company steps in as the party responsible for the damages to your vehicle and medical expenses. Texas is an “at fault” state, which means the driver who is more at fault will have to pay the damages. Your insurance provider becomes the “at-fault” party when an uninsured or underinsured driver hits you. Your insurance company will likely try to offer the least amount of coverage possible, and often will try to refute that the accident was the other driver’s fault or try to deny you the full amount of coverage owed by your contract. These situations call for a car accident attorney.

Were You Offered UM/UIM Coverage?

Texas law requires insurance companies to provide you with the option to get UM/UIM coverage. However, insurance companies have been known to break the law to offer competitive rates and lower premiums. You may be able to make a legal case against the insurance company if they did not provide it to you. You should not have to pay for damages to your vehicle or your body in an auto accident that is not your fault. If your insurance company is trying to work against you or saying your plan doesn’t include UM/UIM coverage, contacting an experienced Lufkin car accident lawyer can help get your insurance company into gear.