Top Five Safety Threats to Trick-or-Treaters on Halloween

Halloween is supposed to be a fun holiday for children and their parents, but it can also end in tragedy. We have all heard stories of poisoned candy or treats containing razor blades, but the real threats on Halloween come from defective costumes, motor vehicles, and other unforeseen hazards. Safe Kids Worldwide, a child-safety organization, reports that only one-third of parents talk to their children about Halloween safety. We hope that informing you about the following hazards can help you have a safe and fun Halloween.

1. Motorists: Drivers are the most dangerous and common hazard on Halloween. According to Safe Kids Worldwide, the number of fatal pedestrian accidents involving children increases twofold on this holiday. On Halloween, there is an increased number of drunk drivers on the road. Speeding and distracted driving could also increase the risk of an accident.

2. Dangerous or defective costumes: Some costumes can increase the risk of an accident due to design or manufacturing defects. For example, a costume could be made with highly flammable materials. A costume could also be designed in a way that limits a child’s visibility or increases the risk of tripping and falling. Makeup products for costumes can cause severe allergic reactions in some cases.

3. Unsafe Halloween decorations: Certain types of Halloween decorations (or the way they are set up) may cause trick-or-treaters to slip and fall. Decorations may also cause fires. For example, costumes worn by trick-or-treaters could come into contact with candles in pumpkins or other sources of fire. Halloween lights can pose electrical hazards, especially near water sources.

4. Dog bite injuries: Property owners may fail to keep their dogs away from trick-or-treaters. In some cases, dogs may frighten or even attack trick-or-treaters they perceive as intruders. Dog bites are a possible hazard on Halloween.

5. Unsafe properties: Properties may contain other hazards, such as poor lighting and broken stairwells. Trick-or-treaters can trip over objects left on lawns or walkways. These hazards can increase the risk of a slip-and-fall accident.

What if My Child is Injured While Trick or Treating?

Accidents can happen even when parents have done everything right to keep their trick-or-treaters safe. If your child was injured while trick or treating and you believe the negligent actions of other people are to blame, contact our team of Texas personal injury attorney at our firm. We can help you discover if you have legal options to hold those individuals accountable.

Can Apple’s Smartphone App Prevent Texting While Driving?

Distracted drivers using their mobile phones are responsible for thousands of accidents each year. The National Highway Traffic Safety Administration’s (NHTSA) statistics suggest that mobile phone use while driving was responsible for 3,477 deaths during 2015. Apple’s recent iOS 11 update included a new app designed to reduce fatalities and injuries caused by mobile phone use while driving.

The Do Not Disturb While Driving app was designed to prevent the temptation to use an iPhone while driving. The app can detect when you are driving and disable most iPhone features until you come to a stop. If you do receive a text message, the sender will receive an automated reply that warns them you are driving. You can alter the settings to allow notifications from certain people. People who are texting you can also type “urgent” in the message to bypass the settings. Do Not Disturb While Driving has flexible user options.

There is more than one way to use the app. You can set the app to turn on automatically. This will cause the app to lock your phone once it detects you are driving. In addition, you can manually turn the app off and on. Finally, you can use the app with your vehicle’s Bluetooth. In this case, the app will still lock you out of most features, but will allow you to take hands-free calls. If you are a parent with children who drive, you can keep your teenagers from turning off or modifying the app’s settings. You will need to go to your iPhone’s settings and adjust the app's restrictions. The idea behind this app is quite simple. If you never receive a text message, then you cannot be tempted to answer. The temptation could also be less severe if you are unable to access your phone while driving.

What if I Have an Android Phone?

There are also anti-distracted driving apps for Android users. You could download Samsung’s In-Traffic Reply app. This app can also detect when you are driving and send an automated message. AT&T’s DriveMode app (available on both Android and iOS) can silence text messages and phone calls. It can also send automatic replies to people who try to call or text you. Even though these apps are readily accessible to millions, there will still be thousands of distracted driving deaths each year.

If a distracted driver harmed you or a loved one, contact Mike Love & Associates, LLC today. We fight to hold distracted drivers accountable for the damage they cause.

Do You Know About These Two Hidden Vehicle Dangers?

Automakers are required by law to issue recalls for defective auto parts. However, there are instances in which dangerous vehicle features are not deemed faulty 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 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 running with the air conditioning on, mistakenly believing their children are safe. Power windows can exert between 30 and 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 seatback to launch backward, such as during a rear-end collision. If a passenger is sitting in the back seat, they can be struck 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 another driver rear-ended his father. 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 essential 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 whether they are eligible to file lawsuits. We also have a page that can help you learn the basics of product liability lawsuits. Injured? Contact Mike Love & Associates, LLC today. We can help.

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. A lab test first spotted the lead exposure 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 of 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 a homeopathic product harmed your child, contact Mike Love & Associates, LLC. It is essential 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 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.