Texas Personal Injury Lawyers – Jim Adler & Associates – Blog

October 7, 2008

Six 18 wheelers collide in deadly Texas wreck

Filed under: Diseases — Hugo Aguilar @ 5:15 pm

A fiery explosion from a fatal accident involving six trucks and a car in East Texas that killed two on Sept.29, 2008 puts the spotlight back on the need for truck safety in Texas. The near-midnight collision closed Interstate 20 eastbound for hours. A video clip on CNN shows flames engulfing the wreckage. Jim Adler & Associates has created a new web site, www.18wheeleraccident.org, to keep the public informed about their legal rights in truck accidents and the need for new laws. It includes a stunning video about the son of a Texas man who was killed in one of the most horrific truck accidents in recent years. The two people who died in the East Texas accident were in a car. The Federal Motor Carrier Safety Administration says drivers and passengers in cars account for 78 percent of the fatalities in accidents involving cars and large trucks.

An investigative story in the Dallas Morning News on truck safety in Texas reports that “truck drivers were at fault in at least 44 percent of all accidents between cars and big trucks.” The paper spent seven months researching its series. With more miles of roads and the second highest number of registered trucks, Texas has one of the highest rates of fatal truck accidents in the United States. The need for tougher truck laws extends beyond Texas, however. The national death toll in truck related accidents “is the equivalent of 26 major airplane crashes every year…” according to the Truck Safety Coalition, a national non-profit organization devoted to reducing fatal truck accidents.

After Ike: Jim Adler takes on insurance companies

Filed under: Insurance claim — Hugo Aguilar @ 5:12 pm

The mark that Hurricane Ike left on Houston and its environs will be around for a long time and it’s not because the damage will take months to repair. It’s because some insurance companies will delay paying claims as long as they can. Given Jim Adler’s 30 years of experience with insurance companies trying to dodge their responsibilities, he has plunged into the middle of the mess to protect homeowners and businesses from insurance fraud. Case evaluations at Jim Adler & Associates are free and so is representation.

The firm collects a percentage of the settlement after the case is won. And sometimes victims pay nothing. Judges can order insurance companies to pay all attorney fees in some cases.
Ike hit the Houston area hard on Sept. 13, 2008 and stories are already surfacing about companies denying claims or offering small amounts to cover damage that will take thousands of dollars to repair. Like this writer’s sister. Her insurance company is offering her less than $1,000 to pay for two damaged skylights in her Galleria area condo when the repair bill exceeds $10,000. The insurance company admits that one skylight was “damaged” (it was smashed) but says the other is okay. After inspecting that skylight, its manufacturer said it has a cracked frame so both skylights need to be replaced to properly insure the integrity of the roof.

“ATV”…another word for accident?

Filed under: ATV accidents — Hugo Aguilar @ 5:12 pm

Add the word “bad” to this one. ATV accidents can have catastrophic consequences, including permanent debilitating injuries and even death. So you might want to do a little more thinking about using an ATV to get to your deer blind this fall.
The ATV rollover rate rivals that of SUVs. And no wonder. It has the same unsafe design. The ATV has the high center of gravity and narrow wheel base that make the SUV so dangerous. An ATV can roll over on a flat surface at 12 mph.

Yamaha Rhino has plenty of safety tips on its web site for hunters now that bow season is underway. None of them warn about the dangers facing unsuspecting ATV users. Some of the little sporty velocipedes lack doors, safety handles and other safety equipment. So arms and legs sticking out of the ATV can be crushed in a sudden rollover. Spinal cord injuries and brain injuries are not unheard of. So have fun out there. But take it from Jim Adler: Be very careful if you’re in an ATV.

U.S. Supreme Court set to severely reduce your legal rights?

Filed under: Uncategorized — Hugo Aguilar @ 5:11 pm

Victims and lawyers alike are watching a case set for November before the U.S. Supreme Court. Critics, including the AARP, say it could unjustly deprive victims all over the United States of their day in court if they or their loved ones die or suffer devastating consequences after taking prescribed drugs that are okayed by the Food and Drug Administration (FDA).

The case under scrutiny is called Wyeth v Levine. Those favoring victims say that a Supreme Court decision for the drug company could eliminate most of pharmaceutical liability under state tort law in one fell swoop. That’s a fancy way of saying victims won’t be able to use state law to sue drug companies if the companies put FDA approved warning labels on their drugs.

Wyeth v Levine started in Vermont. Diana Levine, a guitar player in her 50s, went to a local hospital with a severe migraine headache. She was given an intravenous injection of Phenergan, an anti-nausea drug. The FDA label on the drug warned that an intravenous injection could result in leakage of the drug into an artery, causing gangrene. The label said a “dilute IV drip” was preferable. Levine was given the “IV push.” Her right arm was subsequently amputated at the elbow when Phenergan leaked into an artery. In her lawsuit against Wyeth, she contends that the FDA label on the drug did not prohibit an intravenous injection despite its risk and that the warning on the label should have been stronger. Wyeth contends that Levine’s claim is “preempted” since it used the FDA warning label (even though there is apparently evidence that she was never told of the risks.)

Speaking of the FDA…

Filed under: FDA — Hugo Aguilar @ 5:10 pm

It still says Gardasil is okay. So does the Centers for Disease Control (CDC). The vaccine “prevents four viruses that account for about 70 percent of cervical cancers” according to its manufacturer, Merck. But this summer complaints from parents of girls who suffered serious side effects after taking the drug trained a national spotlight on the vaccine. CBS News reported in July that there were “more than a dozen deaths and 8,000 adverse reactions” to the vaccine. But the FDA says it has detected no common pattern in the deaths indicating that the vaccine caused them. The federal agency says the vaccine is an important preventive. More than 4,000 women in the United States die every year from cervical cancers that are caused by the sexually transmitted viruses Gardasil prevents. The FDA says benefits of the vaccine outweigh any risks. To be effective, it must be administered to young girls before sexual activity begins.

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