Most parents are aware of the many hazards of automobiles, especially those that can hurt their children. Legislators have answered many of these hazards through laws requiring such safety equipment as car seats. However, one danger inside many automobiles has received little notice – injuries from power windows.

The National Center for Statistics and Analysis reports that each year 500 people are taken to hospitals with injuries received from power windows. Another study suggests that the number is closer to 1000, with an average of five fatalities. And while these numbers should be enough to raise concern, the fact that most of the injuries and deaths from power windows are to children ought to make parents think twice about how safe the family car really is.

Until very recently, U.S. automakers have paid little attention to the dangers of power windows. Perhaps this is because of a dearth of coverage in the media. Meanwhile, children by the hundreds receive injuries to fingers or hands from closing windows. In some cases children have even been strangled.

Worse yet is the fact that children often are seated where they have access to power window controls. It isn’t enough for a parent to simply avoid raising and lowering windows while driving, then. And if a mother leaves the children unattended for just those few moments to put money in a parking meter or pay for gas, tragedy can strike.

The National Highway Traffic Safety Administration offers tips to prevent power window accidents that may injure your child:

• Never leave your children alone, even for a moment
• Restrain children with seat belts or car seats, as applicable, to prevent them from getting body parts in the way of activated windows.
• When you raise or lower windows, double-check to make sure your children’s hands, feet, and head are not in the way.
• Never leave your keys in the ignition. A parent may try to keep children entertained while she pays for gas by leaving the radio on, but this means the power to car windows is on as well.
• If your car is equipped with a window lock switch, keep it activated.

New cars are being fitted with switches that are more difficult for children to open. However, no device or legislation can replace a parent’s vigilance when it comes to maintaining safety.

If you have been injured due to a product defect or for any other reason, you may wish to file a claim to receive compensation. Call Dallas personal injury lawyer Dean Malone for a consultation at (214) 670-9989.

- Guest Contributor

The President set automakers on their toes when he announced that he wants to see a million electric cars on American roads by 2015. While this may serve a noble purpose – to reduce American dependence on foreign oil – some suggest it is forcing car manufacturers to release products that are inherently unsafe.

The issue of electric car safety is a hot one. Proponents of green vehicles argue that there is no solid evidence that electric cars pose a danger, or that they have any more of a propensity for explosions and fires than gas automobiles. However, a Chevy Volt fire last year has raised concerns among some that there is a potential for serious hazard.

Among the major concerns of these cars are the batteries used to power them. Lithium is highly flammable under elevated temperatures. The fear is that the lithium-ion in car batteries may catch fire following accidents. Indeed, there seems to be some ground for this concern. It has been noted that if batteries are pierced by metal or debris, which can often occur during a significant crash, the batteries catch fire, though generally not right away. There is a potential for fire for as long as a week after puncture.

Some argue that lithium-ion batteries have been safely used in cell phones. However, about one in five million cell phone batteries do catch fire when the phone heats up from use. And while cell phones use about six cells, electric cars require twelve times that many. This suggests that one in 60,000 electric cars could catch fire.

There has been some argument that the real problem lies with the charging station, itself. Cables can get as hot as 158 degrees Fahrenheit while charging cars. Regardless, concerns over electric car fires seem to be a factor in the downturn of sales.

If an individual is injured in a car fire, there is a potential for filing a claim against the manufacturer. A claimant may be able to recover damages such as replacement of the vehicle, cost of medical care, loss of pay, pain, suffering, and more.

If you are injured in an electric car fire or other car accident due to the fault or negligence of another, you may wish to file a claim. Call Dallas personal injury lawyer Dean Malone for a review of your case at (214) 670-9989.

- Guest Contributor

An accident involving a school bus and three other vehicles last Friday could have ended in a fiery tragedy were it not for the efforts of one student and a crew of oil field workers. The quick actions of a ninth grader and several Halliburton employees have been called heroic.

The school bus had picked up nine students and was on its way for more when the accident occurred just after 7:30 a.m. The Texas Department of Public Safety reports that apparently a PT Cruiser had pulled to the shoulder to allow a big rig to pass. The truck clipped the Cruiser, causing it to spin onto the road and hit the bus head-on. A Ford Focus that was following the bus also crashed into the bus. The passenger compartment of the bus completely turned over, while, oddly, the frame remained upright.

Upon witnessing the nightmare, the Halliburton crew raced over to help pull victims from the wreckage. One bus passenger quickly recovered from the impact and began assisting his fellow students from the bus. Shortly after all the vehicles were evacuated, a fire broke out that engulfed all four vehicles.

Ironically, the bus was new to the district fleet, having been custom-equipped with some of the latest safety features. Whether these played a part in keeping the students from more serious injury is not known.

The driver of the 18-wheeler was airlifted to a nearby hospital in critical condition. All the other victims were also hospitalized as well. Fortunately, none of the students sustained injuries that are life-threatening.

The bus passenger and the crew members have been lauded for their efforts. It has not been reported, however, whether the driver of the big rig was cited.

Personal injuries can devastate an individual both physically and financially. If you have been hurt in an accident due to the fault of someone else you may wish to file a claim to recover damages. Call Dallas personal injury lawyer Dean Malone for a review of your case at (214) 670-9989.

- Guest Contributor

You are not likely to be surprised to learn that vehicle accidents involving pedestrians often result in debilitating injuries, and all too often, death. The large number of such incidents, however, should alarm you. Each year, over 60,000 pedestrians are struck and injured by vehicles; among these, a full 5,000 lose their lives. In the past twelve days two hit-and-run accidents occurred in the Fort Worth area that cost the lives of pedestrians.

The first occurred on a Sunday morning when a man ran out of gas on Interstate 30. He made the fatal mistake of trying to cross lanes of traffic to get help, and was struck by a truck. The driver never stopped. The victim was rushed to Texas Health Harris Methodist Hospital, where he was pronounced dead.

A second incident occurred exactly one week later when a pedestrian was walking in the right lane of Wichita Street on Sunday evening. A Fort Worth resident was going north in the 4700 block when a vehicle raced up from behind and struck him. Just as in the prior incident, the driver continued without even checking on the victim’s condition. And, unfortunately, paramedics who arrived on the scene were unable to resuscitate the victim.

Needless to say, Fort Worth police welcome any information one may have that will help them apprehend these hit-and-run drivers. Why neither stopped to lend assistance is unknown. Perhaps they were driving under the influence, or maybe they were simply afraid. In any case, these drivers have seriously compounded their problems by adding felony hit-and-run.

Once the drivers are caught, if it can be ascertained that their negligence or fault caused the accidents that cost these pedestrians their lives, there may be grounds for wrongful death lawsuits. The families of victims, generally spouses and dependents, often choose to file claims to recover damages for loss of income and companionship. Monetary remuneration will not bring back their loved ones, but it may help them as they pick up the pieces of their lives and continue on.

If you have been injured in an accident due to the fault or negligence of someone else, you may wish to file a claim. Call Dallas-Fort Worth personal injury lawyer Dean Malone for a consultation at (214) 670-9989.

- Guest Contributor

A Marshall, Texas bus ride accident in 2010 has culminated in a lawsuit against both the transit company and driver. The injured, a paraplegic woman, is seeking damages for medical expenses, further physical impairment, attorney’s costs, pain, suffering, and other related costs.

The victim was taking her first bus ride in nearly twenty years following an accident which left her a paraplegic in 1991. When the driver stopped to pick her up, he used the lift to bring her wheelchair into the bus, then secured the wheelchair in place with a single strap.

According to the plaintiff, the injury accident occurred when the driver made a right turn. The wheelchair tottered, then fell over, sending her sprawling onto the floor. The woman hit her head and became unconscious.

Immediately following the accident the driver allegedly failed to contact emergency assistance, instead relying on another passenger, a construction worker, to return the victim to her wheelchair. The plaintiff claims in the suit that she repeatedly demanded that the driver call for help; he finally contacted his supervisor, who came to the scene and instructed the driver to call for an ambulance.

The lawsuit claims that the driver failed to adequately secure the plaintiff, and then drove at an unsafe speed. Moreover, the bus company is being sued for violating the Americans with Disabilities Act.

The case stands as an example of how a personal injury lawsuit may play out. Particularly in more complex cases a plaintiff may have to wait an extended period of time before having her day in court. However, with a strong Dallas personal injury lawyer in one’s corner, it is often easier for a victim to recover damages.

If you have been injured in an accident due to the negligence or fault of another, call the Law Offices of personal injury lawyer Dean Malone for a consultation at (214) 670-9989.

- Guest Contributor

Among the most tragic cases a Dallas personal injury lawyer sees are those in which a young, healthy individual loses her life needlessly. When a child is left behind, the tragedy is all the more poignant.

A 20-year-old mother on the way to visit her sister was killed in an accident in Nacogdoches, Texas this past Sunday. She was driving her Ford Explorer northbound on University Avenue with an unidentified number of passengers, just blocks away from Stephen F. Austin State University, where her younger sister was a student. As she entered an intersection, a second vehicle, a Volkswagen Beetle, was attempting to turn and slammed into the Explorer.

The Explorer rolled twice, then slid before it came to a stop. The woman was thrown from the vehicle. She suffered a ruptured spleen and severe head injuries, and died shortly after at the scene.

The driver of the Volkswagen, a 16-year-old, was also injured and was taken to a nearby hospital, as was one of the passengers in the woman’s vehicle. There is some disagreement about whether the deceased was wearing a seat belt at the time of the collision.

If you have been injured in an accident due to the negligence or fault of another, you may wish to file a claim. Often it is useful to have a lawyer in your corner to help reach a settlement with insurers. Call Dallas personal injury lawyer Dean Malone for a review of your case at (214) 670-9989.

- Guest Contributor

Much of the more notorious equipment has long ago been removed from our children’s playgrounds. A Dallas personal injury lawyer can attest that seesaws, merry go rounds, and jungle gyms caused debilitating, often permanent injuries to children in previous generations. Yet as public playgrounds must meet rigorous safety standards, hazards still abound.

Playground falls generally occur because of either defective or worn equipment, or lack of adult supervision. When a child is injured, a Dallas personal injury lawyer will work to record the conditions present on the playground as quickly as possible. Broken glass, damaged mats, missing screws in apparatus, etc. are all easily repairable, so any equipment problems must be measured and photographed right away.

A Dallas personal injury lawyer will often bring a playground safety expert on board to assist with inspecting the equipment for any defects or signs of disrepair. The positioning of the equipment might be an issue, along with the type and condition of mats used. Equipment should have age-appropriate hand rails that don’t become too hot for use in the sun. Fall zones should not overlap, and need to contain adequate padding free of stones, broken glass, and other hazards.

It is important that signs are placed to show children how to use equipment safely. Universal, easy-to-understand directions are necessary. Moreover, equipment should be arranged by age and clearly marked accordingly. This is especially important if the playground is unsupervised.

Regarding supervision issues, a Dallas personal injury lawyer will check to determine whether all the equipment is placed so that parents can observe their charges without obstructions.

There is no nightmare greater for a parent than a child that has been injured. Playgrounds are generally safer today than a generation ago, but there is always a potential for injury as children throw caution to the wind in their play.

If your child has been injured on a playground due to lack of supervision or faulty equipment, you may wish to pursue a claim for damages. Call Dallas personal injury lawyer Dean Malone for a consultation at (214) 670-9989.

- Guest Contributor

It would be reasonable to think that a defense lawyer in a personal injury case would save the insurer money, and thereby be more useful, by settling small claims rather than taking them to court. However, when dealing with defense counsel, things are sometimes the opposite of what you would expect. This is why having a Dallas personal injury lawyer in your corner is essential.

Defense lawyers make the lion’s share of their income from litigation. They don’t work on commission, nor are they paid bonuses to settle cases early in the process. They make their money hourly. Imagine hiring a crew of workers to build an addition to your home. You tell them it doesn’t matter how long it takes to finish, and that they will be paid hourly. There is no incentive for them to work quickly or efficiently. Such is the life of the defense lawyer who represents insurance companies in personal injury claims.

You and your Dallas personal injury lawyer may even be willing to settle for less than your demand, and all but communicate this to the defense. More than likely they will continue to drag their feet, happily sending the insurance company bills with the notation, “Reviewing files.”

This may seem horribly inefficient, but ultimately it is often an effective way of getting plaintiffs to simply give up. These defense lawyers know that lawyers for a plaintiff may not be willing to take a case all the way to trial if the case is small. There is also the potential that the defense will win before a jury.

All this is not to suggest you should throw up your hands in despair. If you have suffered an injury in an accident that is the fault of another, you should seek remuneration. Just bear in mind that the process of winning your claim may not be as smooth as you would like.

It is often useful to have legal representation when pursuing a claim. If you have been injured in an accident, call Dallas personal injury lawyer Dean Malone for a consultation at (214) 670-9989.

- Guest Contributor

Kuo-Kuang Motor Transport Company Ltd. HINO LRK Bus. (Photo credit: Wikipedia)

In a normal vehicle accident case, involving a car, truck, motorcycle, and/or bicycle, a driver and/or operator of a vehicle allegedly at fault owes a duty of ordinary care to other people on the road.  The standard of ordinary care is applied under the law when an injured person alleges that another vehicle operator was negligent.  However, cases against what are termed “common carriers” can be different.

A “common carrier” generally owes to other people on Texas roadways a “high degree of care,” as opposed to just “ordinary care.”  A “high degree of care” is what a very cautious and prudent person would have done under the same or similar circumstances.  Common carriers who would owe such a duty of care include companies operating trains, buses, airplanes, taxis, and streetcars.  If it is not apparent that a negligent driver was employed by and/or the agent of a common carrier, a court will look at the following factors:

Whether the negligent company is in the business of carrying passengers and goods;

• Whether the negligent company holds itself out for hire by the public;
• Whether the negligent company’s services are available to members of the public generally; and
• Whether the negligent company was paid by the injured person.

Generally, if the negligent company’s primary business is public transportation, the company is a common carrier.  On the other hand, if transportation is only incidental to the primary business purpose of the allegedly negligent company, the company is not a common carrier.

If you have been injured in or near Dallas-Fort Worth, Texas as a result of a collision with a bus, business truck, and/or taxi, you might have been owed a high degree of care by the driver of such a vehicle.  If you need legal assistance, feel free to contact our law office at (214) 670-9989.

One would imagine that SUVs offer at least a modicum of protection in collisions due to their size and construction. However, when two such vehicles collided in a Flower Mound accident this past weekend eight people were injured, one fatally.

In the late afternoon on Saturday a woman was driving her Chevrolet Tahoe with four passengers northbound on Highway 377. The second SUV, a Chevy Suburban, was headed southbound with six on board when the driver veered over the center line and smashed into the Tahoe.

Whether the driver was momentarily distracted or some other factor led to her crossing the double yellow line, the result was a scene of devastation. Seven of the eleven involved in the accident were injured enough to require hospitalization. An eighth person died at the scene of blunt force trauma.

While investigators are still seeking an explanation for the collision, they have all but ruled out alcohol, drugs, or speed as factors. Those who were hospitalized suffered non-life threatening injuries, fortunately.

There has been no indication whether any of the victims or family of the deceased plan to file a civil suit for damages. In cases where negligence or fault of another individual can be identified there is often a potential for a victim to file a claim to recover medical expenses, lost income, and pain and suffering. When an individual dies in an accident, the family may sue for wrongful death. In such instances, a Dallas personal injury lawyer may prove very useful.

If you have been injured in an accident due to the negligence of another, you also may be able to file a claim to attempt to recover damages. Call Dallas personal injury lawyer Dean Malone at (214) 670-9989 for a consultation.

- Guest Contributor