Drunk Driving Facts Driving drunk impairs the driver’s judgment, vision, and reaction time. The statistics compiled by the National Highway Traffic Safety Association (NHTSA) tell the story of just how dangerous drunk driving is: Nearly 30 per cent of all traffic fatalities in the U.S. involve drunk driving. In 2017, drunk driving took the lives of 10,874 Americans—one death every 49 minutes. And one of us is injured as a result of drunk driving every 2 minutes. https://crashstats.nhtsa.dot.gov/Api/Public/ViewPublication/812630 What do we know about drunk drivers? On average, a driver drives drunk 80 times before before their first arrest for drunk driving. https://www.dosomething.org/us/facts/11-facts-about-driving-under-influence Statistics show that between 50% to 75% of drivers whose licenses have been suspended for drunk driving continue to drive on a suspended license. https://www.madd.org/statistics/ Texas law—legal remedies for victims of drunk driving A driver who drives while intoxicated and causes an injury is liable for negligence. In addition, the driver may be liable for gross negligence and exemplary damages. Under Texas law, gross negligence requires a showing that the driver’s conduct, when viewed objectively from the standpoint of the driver, involved an extreme degree of risk, considering the probability and magnitude of the potential harm to others and that the driver had actual, subjective awareness of the risk involved, but nevertheless proceed in conscious indifference to the rights, safety, or welfare of others on the road. Transp. Ins. Co. v. Moriel, 879 S.W.2d 10, 23 (Tex. 1994). Montgomery County leads Texas in driving under the influence fatalities […]
Category: Legal Issues
Essure Implant Litigation
The Essure implant was marketed as a permanent birth control device by the Bayer company. More than 16,000 U.S. women are suing Bayer over the Essure implant device. The Food and Drug Administration has placed multiple restrictions on the Essure device following patient reports of pain, bleeding, allergic reactions and cases where the implant punctured the uterus or shifted out of place. After thousands of injury reports from women, and repeated safety restrictions by regulators, Bayer has announced that it will stop selling the Essure device in the U.S. Last year, Bayer stopped selling the device in Europe. https://www.washingtonpost.com/news/to-your-health/wp/2018/07/20/sales-of-essure-birth-control-implant Injuries associated with Essure include: • Bleeding • Abdominal pain and cramping • Chronic pelvic pain • Implant migration • Perforation/tearing of the uterus or fallopian tubes • Back, joint or muscle pain • Muscle weakness • Unintended pregnancy, miscarriage, fetal death • Surgeries to treat the complications The FDA has posted Essure information on its website: https://www.fda.gov/medicaldevices/productsandmedicalprocedures/implantsandprosthetics/essurepermanentbirthcontrol/ucm452254.htm What should you do if you are having problems caused by the Essure device? The Mayo Clinic recommends that you talk with your doctor about your options if you have persistent pain or other symptoms that you think might be related to the Essure device, and advises that removing the Essure device may require surgery, which poses certain health risks. https://www.mayoclinic.org/tests-procedures/contraceptive-implant/expert-answers/essure-discontinued/faq-20436674 If you or a loved one has been harmed by an Essure device, contact us. We may be able to help.
Food Safety Alert: What you need to know about the current E.coli outbreak
What actions do you need to take to avoid an E.coli infection? The U.S. Center for Disease Control has advised that U.S. consumers not eat any romaine lettuce, and retailers and restaurants not serve or sell romaine lettuce, until more is learned about the outbreak. Also, drawers or shelves in refrigerators where romaine was stored should be washed and sanitized. https://www.cdc.gov/ecoli/2018/o157h7-11-18/index.html • Consumers who have any type of romaine lettuce in their home should not eat it and should throw it away, even if some of it was eaten and no one has gotten sick. • If you do not know if the lettuce is romaine or whether a salad mix contains romaine, do not eat it and throw it away. • Wash and sanitize drawers or shelves in refrigerators where romaine was stored. Follow these five steps to clean your refrigerator. • Restaurants and retailers should not serve or sell any romaine lettuce, including salads and salad mixes containing romaine. Take action if you have symptoms of an E. coli infection: • Talk to your healthcare provider • Write down what you ate in the week before you started to get sick • Report your illness to the health department • Assist public health investigators by answering their questions. How many have become ill from this E.coli outbreak? At least 32 people have become seriously ill due to the latest E. coli outbreak. Epidemiologic evidence from the United States and Canada indicates that romaine lettuce is a likely source […]
Why do I need to call a lawyer immediately after an accident?
What should you do if you have an accident? Call a lawyer immediately. 1. A lawyer can help make sure important evidence is preserved. In many cases, there may be video recordings of the accident or other evidence that can be preserved, if the request is properly and timely made. 2. A lawyer will be on your side, when virtually no one is. The insurance adjuster is not paid to help you. The adjuster is paid to save the insurance company money. We have received countless calls from people who were tricked or lied to by adjusters. 3. A lawyer can put pressure on the insurance company to handle matters in a swift and expeditious manner. Insurance adjusters know they can’t pull the wool over an attorney’s eyes they way they can with those unfamiliar with the system. 4. A lawyer can help you get the proper medical care promptly. Many doctors will not treat patients who have been injured in an accident. This is because health insurance companies don’t always pay doctors promptly for treating accident victims. 5. If you do not have health insurance a lawyer can help you find doctors who will treat you while your case is pending. 6. A lawyer can help get the hospital to bill your health insurance. Often the hospital wants to avoid billing health insurance and instead files a hospital lien. The lien is filed by the hospital in an effort to make more money from treating you. 7. A lawyer […]
When Are Punitive Damages Available?
When are punitive damages available? What are they and what purpose do they serve? In this video, Mark Wham address the issue of punitive damages in Texas. Wham and Rogers, PLLC – The Woodlands and Spring, 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
The Texas Good Samaritan Law Explained
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 and Spring, 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 […]
Questions To Ask Your Personal Injury Lawyer
Three Questions you should ask your personal injury attorney. Have you been a victim of a wrongful death case, hurt in a job-site accident, 18-wheeler accident, or some kind of personal injury that was not your fault? The Board Certified Personal Injury Lawyers at Wham & Rogers, PLLC can help (832) 592-1108. Trial Lawyers in The Woodlands and Spring, Tx. Free Consultation (832) 592-1108 If you have been seriously injured and you’d like to hire a personal injury lawyer, there are a few questions that you should ask. Who will actually be handling your claim? Many times clients hire an experienced attorney at a large firm and then find out that a less experienced attorney in the firm will actually be handling their case. Is your attorney board certified? Did you know that fewer than 3% of Texas lawyers are Board Certified in Personal Injury Trial Law? Mark Wham is a Board Certified Personal Injury Trial Lawyer and Rene Rogers has been rated AV-Preeminent for more than 20 years. It is a fact that Board Certification in Texas requires years of specialized experience, success in the court room, and passing a rigorous test that is not taken by most other lawyers. Board Certified lawyers must also be endorsed by certain judges and other trial attorneys. How much experience does your lawyer have? You should find out how much experience your lawyer has handling cases like yours. The combination of years of experience and a strong track record of success can give you comfort that you have […]
Trade Secret Protection Under Texas Law
Trade Secret theft has become a major problem for U.S. businesses. The National Security Association has estimated that trade secret theft costs U.S. companies $334 billion per year. And when we talk about trade secret theft, we’re not just talking about Chinese computer hackers. A survey of federal trade secret cases revealed that 90% of trade secret theft comes at the hands of employees and business partners. In a 2009 study, approximately 1,000 ex-employees were interviewed after they resigned or were let go from their jobs. Here’s what was learned: 59% of those ex-employees admitted stealing confidential business information from their ex-employers’. 82% took documents and electronic files when they left; 40% downloaded files and documents to USB flash drives; and 38% sent company files as attachments to their personal email accounts. 48 STATES HAVE ADOPTED UNIFORM TRADE SECRETS ACTS In response to the growing problem with Trade Secret Theft, 48 states, including Texas, have adopted a Uniform Trade Secrets Act. These acts have clarified the issue of what types of information can qualify for trade secret protection, and have provided uniformity as to how trade secret cases are handled. THE TEXAS UNIFORM TRADE SECRETS ACT The Texas Act is called the Texas Uniform Trade Secrets Act. It became effective in September of 2013. The Texas Act provides trade secret protection to very broad categories of your confidential business information, including: your pricing strategies; your customer lists; your vendor list; lists of potential customers and suppliers; your marketing plans; your […]