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 significant 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 on 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 against the impact of being struck by a large, 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 a negligent driver hit you or a loved one, contact our team of Texas auto accident attorneys at Mike Love & Associates, LLC. They can help you understand 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 first described in 2005 by Dr. Bennet Omalu.

The condition can develop over time 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, mainly 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 complete training to help them identify players with concussion symptoms. Once 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, 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 in which the school or athletic program can be held accountable when players are injured.

Injured? Contact Mike Love & Associates, LLC today to discuss your options and rights under Texas State Law. We can help.

When is a Truck Company Liable 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 cases, these companies engage in 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 knowingly hired a driver with an extensive history of safety violations, it could be considered negligent hiring. Another example could be a trucking company hiring a driver who is medically unqualified to operate a commercial vehicle. Trucking companies must conduct extensive background checks on commercial drivers before extending employment offers.

• Negligent retention: A trucking company could be liable for an accident if it continued to employ a driver who was unfit to operate a commercial vehicle. Trucking companies must conduct annual driver reviews.

• Hours-of-service violations: Federal regulations require trucking companies to ensure their drivers comply 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 occur if cargo weight 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 situations in which 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 essential 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.

How Do I Check for Motor Vehicle Defects?

Millions of vehicles are recalled in the US each year for defects that may cause catastrophic injuries and deaths. For example, General Motors’ (GM) faulty ignition switch may be responsible for an estimated 124 deaths and 274 injuries. Vehicles with this defect could lose power while in motion. As a result, the airbags, power steering, and other necessary features no longer worked. GM’s ignition switch is only one example of how motor vehicle defects can contribute to horrific injuries or wrongful death. It is important to stay on top of recall notices so you and your family can stay safe. Before explaining how to use popular tools to check for vehicle defects, it is important to emphasize that automakers do not continuously issue a recall once defects have been found. For example, GM engineers detected the ignition switch defect in 2004, but issued a recall only in 2014. Keep this in mind as you read today’s blog. If your automaker is complying with federal laws, it will issue a recall once it determines a defect. The two most popular tools to check for recalls are SaferCar.gov and the myCARFAX app:

1. SaferCar.gov: The National Highway Traffic Safety Administration (NHTSA) operates SaferCar.gov, a website that allows you to check for unfixed recalls. To use the website, grab your vehicle identification number (also called the VIN). You can locate this number by looking at the driver’s side dashboard. It may also be on your car insurance policy card. Once you have the number, plug it into NHTSA’s VIN search tool. However, keep in mind that NHTSA’s tool may not show very recent recalls. The tool will also cover only unfixed recalls from the last 15 years. In addition, the tool will not show information on foreign vehicles.

2. Use the myCARFAX app: You could use the myCARFAX app (Android and iOS) to check if your vehicle is under recall. In addition, this CARFAX will also let you know your vehicle’s repair history. However, as with NHTSA’s website, you will also need to enter your VIN to receive this information. The myCARFAX app will also send recall notices to your phone.

What Can I Do with a Recalled Vehicle?

Depending on the circumstances, your vehicle may be recalled by NHTSA or the manufacturer. If your vehicle is under recall, then you can receive free repairs from your local dealership. However, keep in mind that it may be simply too dangerous to drive your vehicle. For example, NHTSA has warned owners of 2001-2003 Honda Civics and Acuras not to drive their cars, even to the dealership for repairs. In these cases, see if the dealership will tow your vehicle to the shop for repairs.

Unfortunately, repairs may not be completed right away. If the repairs are scheduled to take more than one day, then you could ask your dealership for a loaner vehicle. Depending on the circumstances, you could also file a lawsuit if a vehicle defect harmed you or a loved one. In this case, a Texas defective product attorney at Mike Love & Associates, LLC could help you determine your eligibility for filing a lawsuit.

How Can Your Children Be Injured at Daycare?

Millions of parents across the country rely on daycare centers to supervise their children while they are at work. Parents place enormous trust in daycare centers. After all, these businesses are tasked with caring for their children for several hours each day. However, there are instances in which daycare centers betray parents' trust. When licensed daycare centers are negligent, children can suffer catastrophic injuries or wrongful death. Common causes of tragedies at daycare centers may include:

• Lack of supervision: Daycare workers cannot properly supervise children if they are distracted. A lack of supervision may expose children to fall injuries, choking hazards, and other dangers. In some cases, daycare workers have left children in hot cars after becoming distracted. The purpose of a daycare center is to supervise children. A lack of supervision is one of the most egregious violations.

• Abusive or dangerous staff: Daycare staff members with a history of violence or sexual abuse can harm children. Children can be victimized when daycares fail to conduct background checks on staff.

• Poorly trained staff: Daycare staff may be unable to respond to certain types of emergencies. For example, if a child drowned or stopped breathing for other reasons, staff would need to know CPR to save the child’s life.

• Unsanitary conditions: Children can develop illnesses when daycares do not provide a sanitary environment. Daycares that do not regularly sanitize the premises can put children at risk of developing deadly bacterial and viral infections. Although this is a sensitive topic for some, daycares can also put others at risk by accepting children who have not received immunizations.

• Defective equipment or toys: Each year, defective children’s products are recalled by the Consumer Product Safety Commission and manufacturers. For example, some toys may present a choking or burn hazard to children. In other cases, defective cribs or furniture may cause fall injuries. These products can cause accidents at daycares.

Can I File a Lawsuit for Daycare Injuries?

Unfortunately, these are only a few examples of how your child could be harmed at a daycare center. This is by no means an exhaustive list. The essential question in filing a lawsuit is whether the daycare was negligent. Negligence is not always apparent to parents or caregivers after an accident. The daycare accident that harmed your child may warrant further investigation by law enforcement and an attorney. Depending on the circumstances that caused the accident, it may be possible to file a lawsuit against the daycare center. Daycare accidents can result in brain injuries, burn injuries, and other serious harm that could have lifelong consequences for you and your child. Damages from a lawsuit could help pay for some of the expenses associated with these injuries. If your child was injured at daycare, contact the Texas personal injury lawyers at Mike Love & Associates, LLC to discuss your situation and potential legal options at no cost.