Insurance Providers May Deny Your Claim if You Admit to Speeding
Personally, I have not spoken to a single person in my whole life that doesn't speed. Sure there are some folks blatantly going 20 to 30 miles over the speed limit, but most people only go about 5 to 10 miles faster. People driving 20 to 40 miles above the speed limit know what they...
How Badly Hurt Do I Have to Be to Pursue a Product Liability Claim?
People have some pretty extreme ideas and opinions about lawsuits. On one end of the spectrum, there are individuals that believe a lawsuit is a horrible, evil mechanism that allows people to unjustly cheat others out of money. These individuals tend to view lawsuits as frivolous and assume a smooth-talking lawyer could help anyone with...
Pedestrian Accidents—Not Poisoned Candy—Are the Real Risk on Halloween
A brief intro from Michael Grossman. Many of us here at Grossman Law Offices are parents. Like most parents, we worry about our kids. Unlike most parents, however, we are confronted daily with painful reminders of just how often children perish in traffic accidents. The one takeaway from our years of representing families who have...
What Do I Do If a Uber or Lyft Driver Hits Me?
Ridesharing services such as Uber and Lyft are a fact of life in many areas. Given the rideshare company's recent arrival on the scene and its unconventional business model, many questions arise from crashes involving a rideshare driver. What happens if a rideshare driver hits you? Who is a fault, the ridesharing company or the...
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...
Am I Eligible to File a Lawsuit Under the Camp Lejeune Justice Act of 2022?
It's a confusing time for those injured by their exposure to contaminated water at Camp Lejeune, North Carolina. Law firms across the country have flooded practically every website, television station, and radio station with advertisements instructing those injured to contact their firm to pursue compensation against the government. You're being blanketed with ads because Congress...
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?
Technology can save lives, especially in the auto industry. In today's 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...
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...
What Evidence Do Police Miss When Investigating Commercial Vehicle Crashes?
I've spent a good portion of my decades-long career pushing back against the myth that a police crash report is the final word on any collision. The most obvious reason not to place too much faith in police reports is that they don't conclusively establish fault for a crash. In other words, everyone is free...
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 crashes...
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...
