Leading Causes of Traumatic Brain Injury

We represent a number of clients who have brain injuries, and I received this infographic the other day describing the causes of traumatic brain injuries.  I thought it was brilliant, and I wanted to share it here.

TBIStats_Causes

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Be Aware In Crosswalks

Pedestrian sign 2I was really ticked off yesterday.

As I was driving home, I was approaching a crosswalk.  Normally, there isn’t anyone at the crosswalk, but yesterday someone was there waiting to cross (actually, one of my daughter’s dance teammates crossing to go to her dance studio).

I stopped so that she could cross the street, and no less than eight vehicles went around me on the right, driving in the bike lane,  before the person behind me also stopped, allowing the pedestrian to cross the street.

This follows an incident this weekend when I was stopped to make a left hand turn, waiting for a pedestrian to cross the street (while the pedestrian had a white “walk” signal no less), and the people behind me thought they would be cute and turn left behind me, coming within a foot of hitting the pedestrian.

Not only is this type of driving inconsiderate and dangerous, in Texas, it’s illegal.

Section 552.003 of the Texas Transportation Code requires drivers to yield the right of way to pedestrians who are crossing in a crosswalk when there’s no traffic signal in place.

As drivers, you need to know the law and yield to pedestrians.  That’s especially true as school is back in session and young kids are now using crosswalks to get to/from school or to/from their bus stops.    I just see too many cases where pedestrians suffer serious injuries because drivers don’t have the simple courtesy to follow the law.

Unfortunately, I don’t see this law enforced very often.  I hope APD or someone else do what they need to do to minimize the risks for these situations.

 

Don’t Let Facebook (or Twitter, or Instagram, or other social media) Ruin Your Personal Injury Claim

facebookAn increasing trend in personal injury litigation is for insurance companies and their lawyers trying to gain access to your social networking sites.  Sometimes this includes the use of trickery to get access to your information.    Once there, they’ll take statements or photos entirely out of context to try and argue that you’re not as hurt as you claim.

I’ve never had a client harmed by social media, but I don’t want you to be the first.

Some attorneys suggest that their clients cease all use of social media while the client’s case is pending.  While that would be nice, I also think it’s unrealistic.  I know social media has become a part of culture and life.

So if you’re going to continue to use social media, here are a few guidelines that can help you not ruin your case.

1.  Don’t discuss your case in any fashion on a social networking site.

2. Don’t mention activities you’re involved in; no talking about hobbies, vacations, etc.

3. Don’t post photos of yourself.  Trust me, they’ll be taken out of context in ways you can never imagine.

4. Keep your privacy settings strong.

5. Don’t allow a new “friend” unless you absolutely know who they are and trust them.  There are repeated stories of insurance company representatives trying to “friend” injured persons to get access to the injured persons’ social media sites.

These are just general guidelines.  If you are injured and want more specific advice, feel free to call us or contact us.

Will Austin Ban Use of Cell Phones While Driving?

A lot of momentum seems to be developing for the idea that Austin will ban drivers from using hand-held devices while driving.  In February, the Austin City Council appointed a Distracted Driving Study Group to look at the problem of distracted driving.  On Monday, the study group released a memo recommending that the city council outlaw the use of handheld devices while driving.  There seem to be two main reasons for this.  One, using a hand held cell phone while driving can be distracting and dangerous.  Two, making it illegal to use hand held devices would make it easier to enforce the ban on texting whiile driving (now it’s difficult to tell is someone is texting or dialing a phone number).

I’ll keep you posted on the story as details emerge.  In the meantime, KXAN has done a nice story on the issue.  You can watch it below.

 

I Waited Two Months To Go To The Doctor. Do I Still Have A Case?

I received this question the other day, and I thought others might be interested in the answer as well.

The short answer is “yes.”  Just because you didn’t immediately go to the doctor does not mean that you were not hurt and that you don’t have a case.

But those types of delay do make presenting your personal injury claim much more difficult.  Insurance companies are looking for any small excuse they can find to not pay your claim.  And a “gap in treatment” (as described in the question) is one of the key factors they rely on to defeat claims.

That’s not to say that I agree with insurance companies or that a gap kills your case.  I know a number of people who just don’t like to go to the doctor.  They’ll suffer an injury and try to wait on the problem to resolve to see if they can avoid going to the doctor.  Others simply can’t go to the doctor as soon as they would like.  Perhaps they can’t afford a doctor’s visit, don’t have time to go to the doctor, etc.

So while this type of gap doesn’t mean you no longer have a claim, it can make your claim much more difficult.

National Safe Boating Week: The Statistics

Why is Safe Boating Week important?  Here are the statistics from the Safe Boating Council.

All figures are from the U.S. Coast Guard’s 2012 Recreational Boating Safety Statistics, the latest official record of reported recreational boating accidents. The full report is available online at: www.USCGBoating.org/statistics/accident_statistics.aspx.

  • Drowning was reported as the cause of death in almost three-fourths of all fatalities.
  • Approximately 85 percent of those who drowned were not wearing life jackets.
  • In 2012, the Coast Guard counted 4,515 accidents that involved 651 deaths, 3,000 injuries and approximately $38 million dollars of damage to property as a result of recreational boating accidents.
  • Approximately 14 percent of deaths occurred on boats where the operator had received boating safety instruction.
  • Operator inattention, operator inexperience, improper lookout, machinery failure and excessive speed are the top five primary contributing factors in accidents.
  • Alcohol use is the leading contributing factor in fatal boating accidents; it was listed as the leading factor in 17 percent of the deaths.
  • Twenty-four children under age thirteen lost their lives while boating in 2012. Forty-two percent of the children who died in 2012 did so from drowning.
  • The most common types of vessels involved in reported accidents were open motorboats (47%), personal watercraft (19%) and cabin motorboats (15%).

National Recreational Boating Statistics

  • Fatalities: 651
  • Drownings: 459
  • Injuries (requiring medical treatment beyond first aid): 3,000
  • Boating Accidents: 4,515
  • Property Damage: $38,011,601
  • Number of registered recreational boats in the U.S.: 12,101,936

Unfortunately, Texas is the number 3 state for boating deaths and the number 4 state for boating accidents.

Remember to be safe.  Don’t let you or your family become another statistic.

 

 

National Safe Boating Week Is Here

ski boatThis year, May 17-23 is National Safe Boating Week.  Having represented those involved in boating and water based accidents, I know the importance of these safety measures.

Over the course of the week, I’ll have a few posts detailing the dangers and safety measures related to safe boating.  For today, I’ll give you the big overview of what you should do to make your trips out on our waterways just a little safer.

1. Avoid drinking and driving. This should go without saying, but a significant percentage of boating accidents involve alcohol.  Even worse, being on the water magnifies the effects of alcohol.  I’ve heard that one drink on the water is equal to four drinks on land.  I’m not sure that’s completely accurate, but it’s probably close.

2. Use your lights. Austin Lake Police have indicated that one of the biggest risks of danger is night time collisions.

3. Wear your life vest. The law requires you to have one life jacket on the boat for each person.  But if something goes wrong, you might not have the opportunity to grab a life jacket from storage.  Be safe and wear it instead.

4. Look out for others. As the lake crowds increase, make sure you are cognizant of other skiiers, tubers and wakeboarders. And always remember that as you follow, they could fall in an instant. On the other hand, when you voluntarily stop to get in and out of the water, make sure that you are doing so in as safe a place as possible.

Insure.com’s Rating of Best Auto Insurance Companies

This week, Insure.com, the self-proclaimed independent consumer insurance website, released its list of Best Insurance Companies based on customer satisfaction rankings.  The company surveyed 3,835 customers of 15 large insurers in auto, home, and health insurance, and 14 in life insurance.

The survey asked about:

  1. customer service
  2. claims satisfaction
  3. value for price paid
  4. percent who plan to renew
  5. percent who would recommend the company

Based on their responses, the top auto insurance companies were:

  1. USAA
  2. State Farm
  3. Farmers
  4. GEICO
  5. Auto Club of Southern California
  6. Nationwide
  7. Liberty Mutual
  8. Allstate
  9. American Family
  10. The Hartford
  11. Erie Insurance Group
  12. Progressive
  13. MetLife
  14. Travelers
  15. Mercury General

It’s important to note, having sued drivers covered by most of these companies, I would have a different ranking.  My ranking would largely be focused on what company is most reasonable in willing to admit when their drivers caused a problem, and who are willing to protect their customers by making fair settlement offers when their customers do something wrong.

Using my criteria, I’d put USAA, GEICO, Liberty Mutual, and Hartford in a top group.  I’d put MetLife, Nationwide, Travelers and State Farm in a middle group.  I’d put Farmers, Allstate, Progressive, and Mercury in a bottom group.

My criteria is certainly different than that used in the survey, but I also think it’s an important perspective when you’re buying insurance.  Heaven forbid, if you do cause a wreck, you want to make sure your company protects you.  When the company doesn’t offer enough and forces a lawsuit to be filed against you, then that’s likely the insurance company not doing its job.

Auto Accidents: Top 9 Mistakes When Buying Your Auto Insurance MISTAKE FOUR: Looking Solely To Price And Not Knowing What You Are Buying

You see or hear many insurance companies saying that you can save money simply by switching insurance coverages.  But prospective buyers shouldn’t just look at the price.

Usually, the price is lower because you’re not comparing the same products.  The new insurance company may be offering lower limits, not selling you the same coverages, or excluding drivers who you may need covered.

You certainly don’t want to spend more than you have to, but you need to make sure you understand why the price differences exist.

Auto Accidents: Top 9 Mistakes When Buying Your Auto Insurance MISTAKE THREE: Getting Burned By “Excluded Drivers”

Generally, when you buy auto insurance, the policy will cover you, your family, or anyone else who has permission to drive your vehicle.  Thus, if you or your child or your best friend are driving and cause a wreck, the insurance will protect all of you. This is a big benefit.  You never know when you might let someone borrow your car for something.
But today, many insurance companies are starting to offer policies that exclude drivers.  It’s not unusual to see low cost companies have a long list of people who they don’t cover.  Indeed, some new policies only provide coverage to those people specifically identified.

These kind of policies don’t provide near the protection that standard policies provide.  And they affect you in ways that you might not imagine.

Recently, we represented a woman who was estranged from her husband.  After they got back together, they were driving on a road trip.  Because she was getting tired, she let her husband driver her car.  While the husband was driving, they were in a serious wreck caused by an underinsured driver.

We settled the claim against the other driver and then pursued a claim against her underinsured driver coverage.  But the UIM carrier denied the claim because the husband, who was estranged when the policy was purchased, was specifically excluded under the policy.  Even though who was driving made no difference in whether the wreck would occur or how it occurred, the fact that the driver was excluded deprived my client of her needed benefits.

When you’re purchasing your insurance, make sure you understand the true implications of potentially excluded drivers.

Perlmutter & Schuelke, LLP maintains offices in Austin, Texas. However, our attorneys and lawyers represent clients throughout the state of Texas, including Dallas, Houston, San Antonio, Forth Worth, El Paso, New Braunfels, San Marcos, Kyle, Buda, Round Rock, Georgetown, Lockhart, Bastrop, Elgin, Manor, Brenham, Cedar Park, Burnet, Marble Falls, Temple and Killeen. By Brooks Schuelke

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