Some Commercial Drivers Still Hit the Road Despite Being Unfit to Drive.
Some think of the law as a "gotcha" instrument that deals justice indiscriminately, punishing many who don't truly deserve it and ruining lives in the process. On the contrary, it's entirely capable of recognizing different circumstances. For instance, it deals with genuine accidents differently than it does foreseeable events, and it treats each accordingly. The...
Do I Sue the Trucking Company or the Truck Driver?
Recently, I read about a truck accident that took place up in Hartley County, Texas. An 18-wheeler, driven by Keldrick Chappell of Dallas, 40, allegedly sideswiped a passenger car driven by Stanley Smith, 78. Mr. Smith reportedly died from injuries sustained in the accident. As much as the accident report, it caught my eye when...
Can We Just Assume That Every Wrong-Way Driver is Drunk?
Wrong-way drivers are freaking scary. How does a driver even find himself on the wrong side of the road, let alone stay there long enough to crash? I have a theory about it, actually: Pretty much every wrong-way driver is a drunk driver. I hate to speculate and then be wrong, but when I read...
Polaris Industries Recalls RZR Vehicles AGAIN for Fatal Fire Hazard
A joint statement between Polaris and the U.S. Consumer Products and Safety Commission (CPSC) was recently added to a series of company recalls related to potential fire issues in some of the company's vehicles, and the circumstances of it are worth talking about. Which Products Are Affected? The company's most recent statement relates to a...
How Does Suing Amtrak Work?
In the wake of the deadly Amtrak trail derailment Tuesday, December 19th, near Dupont, Washington, a lot of people are pretty ticked off with Amtrak. The accident left 3 people dead. They are Jim Hamre, 61, Zack Wilhoite, 35, and Benjamin Gran, 40. In addition, nearly 100 people suffered injuries, which varied greatly in their...
Why Aren’t Drunk Drivers Charged With Murder?
Drunk driving is a terrible crime. Unsuspecting victims are hurt and killed every day by this all-too-familiar pattern: Someone is over-served, stumbles out to his car to go home, and plows into another vehicle or pedestrian to dire effect. If a police investigation proves that the intoxicated driver was responsible for hurting someone, that driver...
Unregulated “Detox” Products and Supplements Just Might Be Dangerous Nonsense.
I've written a couple of times about my general distrust of dietary supplements and homeopathic medicine. I know they carry some psychological benefit and I understand not wanting to lean on prescription medications if it can be helped, but supplements and "wellness" products receive almost zero regulation or oversight in the U.S., which I find...
Did Horace Shaw III Have an Accomplice in His Deadly Drunk Driving Crash?
People around Dallas are understandably shocked in the aftermath of a drunk driving accident that occurred around 12:45 a.m. Wednesday, December 13, 2017. For those who haven't heard, authorities charged off-duty Dallas firefighter, Horace Shaw III, with intoxication manslaughter. They allege that an intoxicated Mr. Shaw drove into a Mazda SUV, driven by 18-year-old Alyssa...
Fiat Chrysler Urged to Recall 2017 Pacifica Minivans Over Alleged Power-Loss Malfunction
When we hit the road in Dallas, we have to be prepared for things to get a little hairy ("Big D" was named the 9th most dangerous city for drivers in a 2016 study). Of course we must pay careful attention to our own vehicles as well, lest some feature we take for granted decides...
Many News Reports Ignored an Important Detail About A Drunken Waffle House Adventure.
We've often had to counsel people not to believe everything they see in the news. While I do believe that reporters make good-faith efforts to get the facts straight, it's still unavoidably true that wires get crossed and misinformation is occasionally conveyed as truth. Sometimes the stories only get benign details like a name's spelling...
From NutriBullet to NutriBomb: Multiple Plaintiffs File Suit Over Alleged Blender Explosions, Injuries
Fans of kitchen gadgets and doodads, prepare yourselves for bad news: A series of lawsuits have been filed against the makers of the high-powered infomercial-famous NutriBullet blender--sorry: "Nutrient Extractor." Dearly as I love a good extracted nutrient, the lawsuits make troubling claims that several of the products have seriously and harmfully malfunctioned during use. The...
Can’t Take the Heat: Climate Scientist Sues Publication Over Hurt Feelings
Like many people, I don't have a lot of respect for anyone who smugly insists he's right and then gets deeply, viscerally offended if anyone disagrees. The minute some pundit reproaches someone for citing data that pokes holes in his argument, I just see red. I don't think it's asking too much to have one's...
We Didn’t Stop the Fire: Millions of Extinguishers Recalled for Potential Serious Malfunctions
On November 2 the U.S. Consumer Products Safety Commission (CPSC) announced a recall of tens of millions of fire extinguishers for several potential malfunctions that might prevent them from being used effectively on fires. Tragically, these malfunctions have already led to one fatality and easily could cause others before the recall can gain significant traction....
Astronaut Mark Kelly Doesn’t Seem to Understand How The Law Works
In a recent interview, astronaut turned political activist Mark Kelly sat down with a reporter from Politico to talk about gun regulations. Specifically, Mr. Kelly spoke of the need for tighter restrictions on guns in order to prevent gun violence. When the conversation eventually arrived at the topic of those pesky Republicans in Congress, who...
Fisher Price Recalls Overheating Infant Motion Seats
As a personal injury firm, we keep an eye on recent recalls issued by the U.S. Consumer Product Safety Commission. Since several members of our team have kids, we look extra-carefully at instances where children's products are in the spotlight. After all, it's up to parents to safeguard their little ones; children seem almost supernaturally...
If South Carolina Can Mandate Liquor Liability Insurance, Why Can’t Texas?
Good news, South Carolinians! Legislators in your state passed a law in June requiring bars and restaurants that sell alcohol past 5 p.m. to have liability insurance policies of at least $1 million. Under the new law, these businesses will need to show proof of such a policy before they are able to obtain or...
“Drinking then Driving” Isn’t the Same as Drunk Driving.
Time and again, I've talked about how dangerous drivers can be when they've had too much to drink. To make matters worse, some bars and restaurants are willing to help them reach that perilous state, ignoring dram shop laws. It's an insidious problem and it seems to get worse every year. Of course we'd never...
Tapped Out: Man Served Toxic Beer, Triumphs Over Finger-Pointing Defendants
Just about any business will try to deflect the blame for an accident wherever else it can manage. Here on the blog I mostly talk about it in relation to trucking firms and their insurers, but it's certainly not limited to the transportation industry. Nobody wants to be the bad guy, especially if it means...
BTI Recalls AR-15 Parts Kit for “Incorrect” Part That Could Cause Misfires
The AR-15 platform is a weapon system well-known for its accessories and customizability. Be it paint jobs, picatinny rail attachments, or custom inner workings, you could spend all day looking at AR-15s and not see the exact same one twice. Whole kits are even sold to replace large portions of the guns at once, which...
Give Them an Inch: Subway Class Action and Tort Reform
Though I strongly believe in the workings of the legal system, I won't try to deny that frivolous litigation exists; I just try to emphasize that the system handles it appropriately. For instance, in 2013 a class action was filed against the Subway sandwich chain when the dimensions of their "foot long" subs were called...
