Shortly before dawn on Tuesday morning, a First Class Tours, Inc. bus carrying Channelview band students crashed into a 50 foot ravine in Baldwin County, Alabama. The students were traveling home to Channelview from a trip to Disney World in Florida. The driver was killed, and dozens of students were injured. This type of crash often causes traumatic brain injuries, as well as orthopedic injuries. By all accounts, this was a one-vehicle collision. The most common causes of this type of bus crash are driver fatigue and vehicle equipment failure. Federal and state law have strict requirements for interstate drivers of commercial vehicles. Despite these rules, which limit hours behind the wheel, and require scheduled rest breaks, a crash study by the Department of Transportation study found that, in collisions where the truck was at fault, 87 per cent were caused by driver fatigue. Many of these collisions occur between midnight and 6 a.m. — the time of day when drivers are naturally drowsy. Federal and state laws also require regular maintenance and daily inspection of commercial vehicles. Equipment failure, such as brakes that are dangerously worn or out of adjustment, often cause fatal collisions. It is the driver’s responsibility to check his rig at the beginning of every trip, and to submit a vehicle maintenance report. In spite of these requirements, poor vehicle maintenance is also a major cause of truck and bus collisions. The tour company’s online safety record shows that the company has been involved in four […]
ChannelView Students Involved in Tragic Bus Crash
Mild traumatic brain injury and post-concussion syndrome
One-third of all concussions are missed in emergency room examinations If you were “dazed” or “confused” following an accident, and are suffering from symptoms such as fatigue, nausea, headaches, trouble sleeping, blurred vision or ringing in your ears, you may have suffered a concussion. A mild traumatic brain injury is defined as a brief period of being “dazed or disoriented,” or a brief loss of consciousness. Statistics show that 33% of concussions are missed in emergency room examinations. One reason for this is that mild traumatic brain injury does NOT show up on a CT scan or an MRI. Standard neuroimaging will identify large focal contusions or hemorrhage, but conventional CT and MRI testing does not identify diffuse axonal and vascular injury, both of which are major drivers of poor clinical outcome after traumatic brain injury. Sharp DJ, et al. Practical Neurology 2015;15:172–186. doi:10.1136/practneurol-2015-001087. Traumatic brain injury has been identified as a health epidemic Traumatic brain injury has been identified as a health epidemic by the World Health Organization and the United States Centers for Disease Control. Each year over a million American suffer concussions Each year in the U.S., 1,000,000 people suffer concussions; 300,000 of these result in serious, long term injuries. Centers for Disease Control, Report to Congress on Mild Traumatic Brain Injury In the United States: Steps to Prevent a Serious Public Health Problem. Mild traumatic brain injury can have long-lasting symptoms A mild traumatic brain injury (TBI) can have serious and long-lasting symptoms, especially in persons […]
Pedestrian Right of Way
The Woodlands has more than 160 miles of pathways designed for residents to walk or run. Many of pathways cross lanes of traffic, and unfortunately, pedestrians are sometimes struck by a vehicle while using the crosswalks. We are often asked who has the right of way on crosswalks in the Woodlands. Texas law requires vehicles to yield right of way to pedestrians in the following situations: When a pedestrian is crossing at a crosswalk facing a “walk” signal; If there is no traffic control signal and the pedestrian is already crossing in the vehicle’s half of the roadway or close to a vehicle’s half of the roadway; When the vehicle is entering or emerging from an alley, building, private road, or driveway and the pedestrian is crossing entrance on sidewalk; A pedestrian who has legally entered a crosswalk does have the right of way as to oncoming vehicles. This applies to a marked or an unmarked crosswalk; A pedestrian has the right of way to cross the road, when it is safe to do so, at any part (i.e., at the middle portion of the street) of a roadway that is not controlled by a traffic light. [ 552.005 (b), Texas Transportation Code] However, even if a pedestrian is technically in violation of the right of way rules, a driver who hits a pedestrian may still be liable; drivers are required to keep a proper lookout, and must safely control the speed of their vehicles, and must timely apply their […]
Personal Injury Protection Coverage and How It Works
How do I get Personal Injury Protection coverage? In Texas you have the option to purchase Personal Injury Protection coverage (known as “PIP”) with your automobile insurance coverage. In fact, your auto insurer must offer you the PIP coverage. If you decline the coverage, you must sign a statement refusing the coverage. How much coverage is available under Personal Injury Protection coverage? Personal injury protection usually provides $2,500 to cover your out of pocket medical costs and lost wages due injuries you sustained in an automobile collision, whether you are at fault or another driver is at fault. Some companies offer personal injury protection coverage of $5,000 or even $10,000.00. How much does Personal Injury Protection coverage cost? Personal Injury Protection coverage is affordable. $2,500 in coverage usually costs no more than $50 per year. What is covered under Personal Injury Protection coverage? Medical bills and lost wages are covered under Personal Injury Protection coverage. How do I get reimbursed under Personal Injury Protection coverage? If you are injured in an automobile accident, you can call your agent or insurance company to open a PIP claim. You will be assigned a PIP adjuster to handle your claim. You will need to provide the adjuster with copies of your medical bills and, if applicable, proof of your lost wages. How long does it take for the insurance company to pay my Personal Injury Protection claim? Your PIP adjuster will be able to tell you when to expect your check for reimbursement, […]
What caused my house to flood?
One obvious answer is Harvey. However, the process of developing a subdivision is a process that must safeguard against extreme weather events. The area around your home and subdivision must be taken into account in designing a residential development. And each neighborhood must be designed to drain properly under heavy rains. The developer’s duty of prudent development includes thorough study and analysis, and taking design and engineering steps to ensure proper drainage, to protect the area against high water events. There are many reasons a home floods other than “it just rained too much.” Wham & Rogers, PLLC is beginning the process of examining these reasons to determine if more should have been done in the development and construction in The Woodlands and surrounding areas. If you have any concerns about your home and subdivision, please call for a free consultation.
Why You Need Underinsured Motorist Coverage in Texas
Board Certified Personal Injury Lawyer Mark Wham talks about why underinsured motorist protection is so important in the State of Texas.. Wham and Rogers, PLLC – Texas Injury Attorneys (832) 592-1108. Underinsured motorist coverage is possibly the most important car insurance you can buy in Texas. Under Texas law, the minimum allowable liability auto insurance coverage is only $30,000. You can imagine that auto accident victims routinely incur more than $30,000 in losses, damages, and medical expenses. Therefore, if you are seriously injured in an auto accident., then underinsured motorist coverage will provide additional coverage to compensate you for your losses and injuries. Injury Lawyer (832) 592-1108 Call our office for a free consultation. We have offices in The Woodlands, Tx and help clients in Montgomery County, Harris County, and the Greater Houston area. From Our Blog When are punitive damages available in Texas? Questions to ask your personal injury lawyer. What to do after a car accident that is not your fault.
When Are Punitive Damages Available?
What are punitive damages and what purpose do they serve? When are they available in a personal injury case? Mark Wham address the issue of punitive damages in Texas in the video below. Wham and Rogers, PLLC – The Woodlands, Tx Board Certified Injury Lawyers (832) 592-1108. Punitive damages are sometimes awarded to discourage reckless behavior. For example, any person who makes a reckless decision to drive while intoxicated, or to drive several miles per hour over the speed limit is putting us all in danger. When one reckless individual or entity is forced to pay punitive damages, then we are all safer because a message has been sent. Punitive damages tell the community at large that certain conduct will not be tolerated. A large monetary fine or penalty will force others to think about other ways to conduct business without engaging in that kind of behavior. Free Consultation (832) 592-1108 If you have been injured in an accident and would like to speak to an attorney, then give us a call at (832) 592-1108. We help auto accident victims, 18-wheeler accident victims, clients who have been victims of a wrongful death action, and all serious injury victims. Our Recent Articles Colossus Software & Injury Claims Texas Good Samaritan Law Houston Daycare Accident Lawyer
Personal Injury Protection Coverage in Texas
How does PIP coverage in Texas compare to MedPay Coverage? Which is better? The Woodlands, Tx Board Certified personal injury lawyer Mark Wham explains. Wham and Rogers, PLLC – (832) 592-1108. Personal Injury Protection (PIP) and MedPay are two important types of auto insurance coverage. What Does PIP Cover? PIP covers the driver and all passengers in your car regardless of who is at fault in causing a collision. PIP generally covers reasonable and necessary medical bills. It also covers 80% of lost wages up to the limits of your specific PIP coverage. PIP payments are not subject to subrogation, which means that you can recover your PIP expenses (from the insurance company) and then recover those same expenses from the Defendant driver, without needing to reimburse your insurance carrier. What Does MedPay Cover? Medical Payments Coverage (MedPay) will cover your reasonable medical expenses up to your MedPay limits. However, MedPay does not provide any coverage for lost wages. Unlike PIP coverage, MedPay is subject to subrogation. In other words, if you receive MedPay insurance payments for your medical expenses, then you will have to reimburse your insurance company if those same medical expenses are awarded in your lawsuit settlement. This is why many attorneys will tell you that PIP coverage is actually more beneficial than MedPay coverage. Have You Been Injured? The Board Certified Personal Injury Lawyers at Wham & Rogers, PLLC are here to help. Call our office for a free consultation at (832) 592-1108. Articles from Wham & Rogers Texas Good […]
Colossus Software and Personal Injury Claim Evaluations
Colossus is a controversial software that some insurance companies are using to evaluate personal injury claims. Wham and Rogers, PLLC – Board Certified Trial Lawyers (832) 592-1108. What Is Colossus? Colossus is a software program used by insurance companies to evaluate personal injury claims. About half of the major insurance companies use this type of software when adjusting injury claims. Since programs like Colossus have been put in use, insurance companies have consistently valued injury claims in smaller and smaller amounts. The insurance companies contend that Colossus makes claims adjusting more efficient by providing a set payment range for each type of injury. However, no two injuries are identical. Every injured person will face different circumstances and each injury will have varied effects on the lives of certain individuals. This is why an experienced lawyer can make a huge difference in the outcome of your claim. The personal injury lawyers at Wham & Rogers know that injuries can’t be quantified by some software, and we will fight to make sure that you are compensated fairly for all of your injuries. Call (832) 592-1108 Call our office for a free consultation. We would be glad to help. Wham & Rogers, PLLC is located in The Woodlands, Tx. We serve The Greater Houston Area including Harris and Montgomery Counties. You may also be interested in The Woodlands Car Accident Lawyer Truck Accident Lawyer in The Woodlands The Woodlands, Tx Wrongful Death Attorneys
The Texas Good Samaritan Law Explained
Question: If you injure someone while rendering emergency aid to them; are you legally liable for that injury? This is the question answered by the Texas Good Samaritan Law. One question that comes up is what happens if I break someone’s ribs while rendering CPR? Am I liable for those broken ribs? Mark Wham addresses this in the video and article below. Wham and Rogers, PLLC – Board Certified Personal Injury Lawyers in The Woodlands, Tx (832) 592-1108. Am I Liable? If you witness an injury accident, can you render aid without the risk of being sued? If you perform CPR and you accidentally break the injured person’s ribs during the process, are you legally responsible for that injury? The Texas Good Samaritan Law protects citizens who render aid to another person during an emergency. CIVIL PRACTICE AND REMEDIES CODE, TITLE 4., CHAPTER 74. MEDICAL LIABILITY, SUBCHAPTER D –http://www.statutes.legis.state.tx.us/Docs/CP/htm/CP.74.htm Sec. 74.151. LIABILITY FOR EMERGENCY CARE. (a) A person who in good faith administers emergency care is not liable in civil damages for an act performed during the emergency unless the act is wilfully or wantonly negligent, including a person who: (1) administers emergency care using an automated external defibrillator; or (2) administers emergency care as a volunteer who is a first responder as the term is defined under Section 421.095, Government Code. What Does the Good Samaritan Law Promote? This law promotes the Texas public policy of encouraging Texans to help our fellow citizens when they are in need of emergency care. Free Consultation (832) 592-1108 […]