Did a Car Seat Defect Cause My Child’s Injuries?
Every parent wants the best for their child, and that includes car seats. While many parents spend hours researching the safest car seats for their little ones, I think many wouldn't even consider that the highly-rated car seat they purchased at the end of that search still might fail when it's needed most. To make...
Waiving Hours of Service Rules for Hurricane Ian Relief Doesn’t Mean Those Rules Shouldn’t Exist
During the initial phases of the COVID-19 pandemic, the Federal Motor Carrier Safety Administration (FMCSA) relaxed hours of service rules to ensure an uninterrupted supply of goods during the crisis. This led some in the trucking industry to suggest that the waiver meant that rules weren't necessary in the first place. Their thinking went, "If...
3 Types of Rollover Crashes and Why They Matter to Victims
Rollover crashes are frightening and often fatal. Most people know a rollover accident when they see one, but part of our government's work to prevent these crashes involves defining and classifying what a rollover is. The National Highway Safety Administration (NHTSA), defines a rollover as any crash where a vehicle impacts the ground on its...
How 5 Cases (Mostly) Made Product Liability Law in the United States
That you can hold a manufacturer accountable for a defective product is as obvious to anyone alive today as the fact that Americans elect their leaders. Modern product liability law is so ubiquitous that it's easy to forget just how new it is. Less than 200 years ago, caveat emptor (buyer beware) was the prevailing...
Are Automakers Liable if a Roof Collapses in a Rollover Crash?
Rollover crashes account for less than 3% of all passenger vehicle accidents, but are responsible for almost 35% of all highway fatalities, according to the Insurance Institute for Highway Safety (IIHS). Of course, automakers cannot create vehicles that will never be in a rollover crash; however, most people assume that rollover crashes will be deadly...
Are Vehicle Fires Always Product Liability Cases?
In July 2018, the United States Fire Administration (USFA) published a Fire Report Series that found that the US averages 345 deaths and 1,300 injuries due to vehicle fires every year. Additionally, the report found that 80 percent of these fires occur in our everyday passenger vehicles. What is most startling though, is that "unintentional actions...
What Do I Do If My Seatback Failed and Injured Me?
I previously wrote about the dangers of seatback failure and how safety experts believe the current design standards are too lax and severely outdated. Now the pressing question for some people is, "What are my options if I was seriously injured or lost a loved one due to seatback failure?" Manufacturers Have a Duty to...
Is My Vehicle Defective if it Doesn’t Have Crash Avoidance Technology?
In this day and age, many in the vehicle safety community believe there’s really no excuse for vehicles not to include Crash Avoidance Technology (CAT) as a standard feature. According to these experts, it is irresponsible and harmful for automakers to exclude the software and hardware that can help drivers stay away from other vehicles...
What Is the Government Doing to Prevent Vehicle Seatback Failures? Not Much.
For years automakers and vehicle safety organizations have gone back and forth about vehicle seat design and seatback failure. Automakers maintain that “yielding seats” limit injuries in low-speed rear impacts, and that if vehicle seats were stiffer, those low-speed rear accidents would result in more severe injuries. The problem is, that this argument originated in...
Would Autonomous Vehicles Eliminate 94% of All Crashes?
A national study on the causes of crashes found that 94% of all crashes have a critical error assigned to the driver of the vehicle. Various organizations and players in the automotive industry have spread this statistic far and wide through advertisements, social media campaigns, blog posts, new outlets, and government websites. If this statistic...
How Many Crashes Are Caused By Vehicle Defects?
According to the National Motor Vehicle Crash Causation Survey (2005-07) between 28,500 and 59,100 crashes per year in the United States are due to a vehicle component failure or degradation. Clearly, this is alarming, and I hate to be the bearer of bad news, but this estimation most likely falls short of the actual number....
Can Automakers Start Making Rollover Crashes Less Dangerous?
Rollover collisions can result in severe outcomes like traumatic brain injuries, spinal trauma, paralysis, amputations, and even death. According to national statistics from 2014 to 2018, only 2 percent of vehicles in all traffic crashes were involved in rollover crashes, but 24 percent of all fatalities resulted from rollover crashes. These statistics demonstrate that rollover...
How Do We Legally Express What Is Wrong?
I recently read a shocking news story about a lawsuit alleging that a Taco Bell employee poured boiling water on two customers. I suspect most people feel that a lawsuit under these circumstances is completely justified. If the allegations are true, then no person in their right mind doesn't want to see the wrongdoer punished....
Is Texas Common Law Marriage Actually “Common Law”?
You have probably heard the term "Common Law Marriage" and vaguely know that after living together for several years two people could be considered legally married. However, it is not that simple. A common law marriage is still a legal union and as such there are three requirements that must be met: However, despite its...
Why Is a Trucking Magazine Bragging About Poor Out-of-Service Rates?
Perhaps there isn't a stranger sight than someone bragging about mediocrity. That's what an author in Land Line Magazine did recently when discussing the results of International Roadcheck 2021. For those unfamiliar with International Roadcheck, it's a coordinated enforcement effort between officials in the United States, Mexico, and Canada to ensure that the commercial trucks...
Can We Retire the Myth of the Truck Driver Shortage?
Have you heard that a shortage of truck drivers exists and it's only getting worse? According to the American Trucking Association (ATA), the American trucking industry finds itself in need of 61,000 drivers. To make matters worse, within 7 years, that number could balloon into hundreds of thousands of truck drivers short of what the...
Is There a Downside to Record Alcohol Sales in Texas?
In May 2021, Texas bars, restaurants, and other licensed alcohol vendors sold $742,884,835 worth of beer, wine, and spirits. This eclipsed the previous record of $722 million in monthly sales from March 2019. Coupled with near-record sales in April 2021 ($689 million, the third-highest monthly sales on record), it certainly appears that Texas drank away...
TXDOT Report Shows the Fallibility of Experts
I'm not in the business of making mountains out of molehills. However, there are times when I read something that exemplifies many larger trends, and this is one of them. Not a day goes by when someone (usually in a position of authority) laments that people don't trust experts (people like them) like they used...
What Are the 5 Deadliest States for Truck Drivers?
While many people worry about the dangers that tractor-trailers pose to them on the highway, few consider that they aren't the only ones at risk in accidents with large vehicles. In fact, nearly 700 truckers die every year on our nation's highways. This makes driving commercial trucks one of the more dangerous occupations in the...
Q&A: Traumatic Brain Injury Truck Accident Case Resolution with Attorney Michael Grossman
Over the last 30 years, the science of brain injuries, particularly concussions, advanced tremendously. In prior generations, a person may have "had their bell rung" and been told to "tough it up," but now we know that even "minor" brain injuries have serious consequences. I sat down with award-winning truck accident injury attorney Michael Grossman...
