Plano Injury Law

07/07/2017

"FORT WORTH TRUCK ACCIDENT LAWYER ANALYZES THE BIOLOGY OF FATIGUE"

---Fort Worth truck accident attorney, Richard “Ric” Armstrong, examines how sleeplessness contributes to crashes.

What are the specific, physiological affects of sleep deprivation?

What can we learn from exploring this biology?

In today’s post and a subsequent one, we’ll do a deep dive and shine a light on this under-explored subject.

First, let’s cover some basic statistics that you may have heard before. The numbers are terrifying, but it’s easy to go numb to them. After all, we’re bombarded by scary stats like these so often that we often forget the scale at play. The National Highway Traffic Safety Administration (NHTSA) ranks driver fatigue as one of the most common causes of trucking accidents, playing a role in thousands of crashes each year.

The Federal Motor Carrier Safety Administration (FMCSA) agrees, placing driver fatigue as a factor in at least 13 percent of accidents each year—approximately 18,000 crashes. However, fatigue clearly contributes to other problems—like driver distraction and inattention. So the actual cost of drivers nodding off behind the wheel may be vastly underestimated.

Finally, and maybe even more disturbingly, in a major report to Congress, the FMCSA estimated that over 5,000 accidents could be traced to this cause: “Driver Pressured To Operate Even Though Fatigued.”

Not a good look for the trucking industry. So why DOES sleep deprivation affect so many truckers?

Many companies push their operators to meet quotas. They also offer incentives for drivers who travel above a certain number of miles each day. By law, operators may drive up to 11 hours at a time within a 14-hour day; then they must rest at least 10 consecutive hours. However, even when drivers follow these rules to the letter—and many don’t—the schedule still exhausts. What happens when drivers experience anxiety or pain at night and can’t rest during off hours? What about those who party during their rest break? What about the drivers who are desperate to see their families because they’re constantly on the road—and so they spend their break playing with their kids or helping with homework?

The pressures on truckers to perform while fatigued—social, economic, and even cultural—are legion. So what happens, physiologically, when they skip needed R&R?

Adults between age 18-64 generally require between 7-9 hours of sleep a day. Studies have shown that sleep helps regenerate neurons within the cerebral cortex and establish new synaptic connections. By the same token, consistent lack of sleep stops these neurons from regenerating, which in a literal sense begins to interrupt normal brain functions, especially in the cognitive parts of the brain.

In Part 2, we’ll explore the specific symptoms that can occur when brain activity is disrupted in this manner—and how these symptoms contribute to dangerous situations on the road.
If you have been involved in a trucking accident and need advice from a highly qualified Fort Worth truck accident attorney, call Armstrong The Law Firm, P.C., today at 972-424-L-A-W-S (5297).

www.planoinjurylawfirm.com

06/09/2017

“DALLAS TRUCK CRASH LAWYER OVERVIEWS TRUCK PART DEFECT CASES”

When a trucking disaster occurs due to a failed or defective truck part, the task of proving liability can be astonishingly complex.
In essence, you need to draw a clear cause-and-effect argument—using excellent evidence—to show how a manufacturer’s negligence, omission or other type of wrongdoing caused specific damages. If any link in this cause-and-effect chain breaks down (or gets effectively negated by the defense), the case can be lost.
To begin to piece together answers, you first need to answer a battery of relevant questions, such as:
• Who was at fault in the crash?
• Is there evidence that a bad part (e.g. faulty breaks, a blown out tire, a hydraulic systems malfunction) contributed to or caused what happened?
• If so, whose responsibility was it to maintain the part? Did the driver fail to monitor his truck and take it to the shop in time? Did the trucking company use cheap parts or inappropriate technology? Did a service center tasked with maintaining the vehicle mess up?
• Was the part that failed under recall? If so, did the manufacturer do due diligence communicating the recall to the public, and did trucking company then follow through to replace the recalled part?
• What other elements (e.g. bad weather, driver inattention, other bad drivers who left the scene, unclear signage, etc.) might have contributed?
In general, to win a case against a manufacturer in a defective part lawsuit, a personal injury attorney must provide convincing evidence of the following:
• The part in question was demonstrably defective;
• An investigation shows that the defective part played a significant role in the accident;
• You sustained loss, damage or injury as a direct result of the accident caused by the defective part; and
• The driver was not primarily at fault (in other words, driver error didn’t overshadow the role of the part failure in the accident).
If you have been injured in a truck accident due to a defective truck part, you may be able to obtain substantial compensation from the part's manufacturer or from other liable parties (such as the trucking company).
A qualified Dallas truck accident lawyer can carefully review the evidence to determine whether factors other than the obvious (e.g., driver error) contributed to what happened in your crash. For a confidential appointment, call Armstrong The Law Firm, P.C., today at 972-424-L-A-W-S (5297).

www.planoinjurylaw.com

05/19/2017

“OIL AND GAS INJURY ATTORNEY’S CHECKLIST FOR INDUSTRY ACCIDENTS (PART 2)”

Dallas oil and gas injury attorney, Richard “Ric” Armstrong, continues his checklist for those affected by a gas or oil industry accident.

In the previous post, we talked in general terms about what to do if someone you love has been injured or killed in an oil/gas related accident—and emphasized why you need meticulous record keeping. Let’s continue your to-do list by discussing specific items to add to your file.

4. Gather records of all expenses related to the accident, including bills and receipts.

Collate all bills, receipts and records of what the accident has cost your family financially. Include any/all of the following:

• All medical/hospital bills, both paid and unpaid (make a note of any amounts not covered by insurance)
• Receipts for travel, food, fuel, hotel stays and other incidental expenses
• Bills or receipts for funeral expenses, if these apply
• A tally of lost wages (for any amount of time your loved one or other family members could not work due to the accident)

5. Collect all available documentation of the accident itself.
This information may include:

• Copies of police reports
• Copies of company reports (if you can obtain them)
• Copies of private investigation reports
• Written/audio records of 911 calls
• Any video or audio documentation of the event, damage or
injuries (take plenty of photos and video yourself, if you are able to do so)
• Written or audio accounts of the victim and any witnesses as to what happened

Lastly, be mindful of the following point: It’s easier to remove items you don’t need than try to hunt down necessary items later. Don’t be afraid of adding items to your file that you’re uncertain about. Your attorney can sort through everything later. Err on the side of caution; if you think it might be relevant,
assume it is for now.

For compassionate, insightful advice from an oil and gas injury attorney, call Armstrong The Law Firm, P.C., at 972-424-L-A-W-S (5297).

https://www.viewbix.com/frame/%206A78551C-74BD-44CB-
8266-84310CFE8369?w=518&h=415&w=500&h=388&ap=true

05/01/2017

“FORT WORTH TRUCK ACCIDENT ATTORNEY: INHERENT DANGERS IN THE OIL TRUCKING INDUSTRY”

--- Fort Worth truck accident attorney, Richard “Ric” Armstrong, discusses the unique safety issues involved with transporting oil and petroleum products by truck.

According to Forbes, only 4 percent of oil is transported by truck (most is transported by pipeline, tankers and barges). Yet that 4 percent comes with a larger set of risks than the other forms of transportation. While not every oil or fuel truck will explode on impact like we see in the movies, the fact remains that these truck drivers are hauling products that are both liquid and flammable, both of which require special care and operating standards.

Some of the potential dangers inherent to the oil trucking industry include:

• Increased risk for environmental hazards. If an oil or fuel truck crashes and leaks, the effects on the environment can be devastating and take long periods of time to clean up.

• Increased fire hazards. Yes, the presence of oil, gasoline or other petroleum products makes crash events more vulnerable to fire and explosions.

• Increased risks while loading and unloading. Petroleum products must be loaded or dispensed using special hoses with v***r control that must be constantly monitored and checked for leaks. If the v***rs leak out during the loading process, even a spark from a nearby cellphone can ignite them.

• Unpredictable weight shifts while in transit. Transportation of any liquid can cause unanticipated shifts as the liquid sloshes inside the container. Oil products have varying densities and viscosities that can make sudden weight shifts even less predictable.

While the vast majority of oil trucks transport safely, oil truckers must be exceptionally vigilant because more can obviously go wrong. If you’ve been involved in an oil or fuel truck accident where negligence was involved, you may be entitled to compensation. Talk to a Fort Worth truck accident attorney to learn your options. For more information, call Armstrong The Law Firm, P.C., at 972-424-L-A-W-S (5297).

www.personalinjurylawfirm.com

https://www.viewbix.com/frame/%206A78551C-74BD-44CB-8266-84310CFE8369?w=518&h=415&w=500&h=388&ap=true

03/18/2017

“DALLAS TRUCK ACCIDENT LAWYER, RICHARD “RIC” ARMSTRONG, DISCUSSES THE POTENTIAL LEGAL RAMIFICATIONS OF A PROPOSED TEXTING-WHILE-DRIVING BAN.”

Texas is one of only four holdout states that does not currently have a statewide ban on texting and driving. Last Thursday represented the fourth time former House Speaker Tom Craddick, R-Midland, has tried to pass legislation.

And, after lengthy and boisterous debate, the Texas House passed a bill Thursday that would ban texting while driving in Texas.

Until Thursday, an effort spearheaded by Texas State Senator Judith Zaffirini (D-Laredo) and Representative Tom Craddick (R-Midland), the proposal to ban texting while driving had failed to generate the needed support four previous times. In 2011, it passed both chambers but was vetoed by then-Gov. Rick Perry. In 2013 and 2015, similar bills passed the House but not the Senate. Only one Senator’s vote prevented the bill from going to the Governor’s desk in 2015, and while Governor Greg Abbott has previously opposed the legislation, the Texas Tribune reports that Abbott has recently made positive comments about the idea, suggesting a possible change of heart.

Of course, the recently passed bill will now have to go the the Senate for approval.

While a statewide ban could make Texas roads safer overall, drivers can already be ticketed andined for texting and driving in certain situations. According to TxDOT:

• Approximately 100 local jurisdictions in Texas have already passed local texting and driving ordinances.

• Statewide, drivers under 18 are already prohibited from using wireless devices while driving; drivers of any age with learners permits can’t use them within the first 6 months.

• Handheld devices are already prohibited statewide while driving in school zones.

Regardless whether the texting-while-driving ban passes BOTH Texas houses this year, you have rights under Texas law if a distracted driver causes you injury. To discuss your case with a Dallas truck accident attorney, call Armstrong The Law Firm, P.C., at 972-424-L-A-W-S (5297).

http://planoinjurylawfirm.com/blog.html

Dallas truck accident lawyer, Richard “Ric” Armstrong, discusses the potential legal ramifications of a proposed texting-while-driving ban. Texas is one of only four holdout states that does not currently have a statewide ban on texting and driving. Last Thursday represented the fourth time former H...

03/03/2017

Ft. Worth truck accident lawyer, Richard “Ric” Armstrong, discusses examples of how improper cargo loading can cause truck accidents.
According to the U.S. Department of Transportation, large trucks are involved in more than 400,000 traffic accidents a year. In many cases, these accidents can be caused by drivers struggling to control their vehicles due to improper cargo loading. Trucks that are not evenly loaded, or that are loaded beyond their Gross Vehicle Weight Rating (GVWR), may not perform as expected, sometimes resulting in longer-than expected stop times, jackknifing, rollovers, spilled cargo and direct collisions with other vehicles.
How can improper cargo loading cause truck accidents? Here are three common examples:

• Unevenly distributed weight. Truck axles require even weight distribution to function properly. A trailer that is too heavy on one side or the other may be prone to jackknifing or rollovers during turns or high winds.

• Improperly secured cargo. If the cargo shifts during transportation, the truck may become imbalanced, causing it to respond differently than the driver anticipates. This issue may cause the driver to under- or overcompensate during braking or turns.

• Overloading. Excessive weight can make the truck more difficult to slow or steer, especially on downgrades. In severe cases, the driver may lose control of the vehicle entirely.

Sometimes the accident risk is unique to the type of cargo being transported. Trucks carrying liquids, for example, need to be filled to a certain minimum level. If liquid levels are too low in the trailer, the liquid may slosh, causing an ever-changing imbalance that makes the truck even more difficult to control.

Federal and state regulations dictate weight restrictions and cargo distribution for large trucks. If a truck accident occurs due to improper cargo loading, the trucking and/or cargo company may be legally liable for damages and injury to victims.

To learn about your options, contact a Ft. Worth truck accident attorney today at Armstrong The Law Firm, P.C., at 972-424-L-A-W-S (5297).

12/31/2016

“FIVE RULES THAT COMMERCIAL TRUCKERS MUST OBEY THAT MOST DRIVERS DON'T EVEN KNOW EXIST”

Dallas truck accident attorney, Richard “Ric” Armstrong, offers a look at some rules that commercial truck operators must abide by… and how to prove that a trucker violated one or more of them.

1. Rest hours. Fatigue is a major cause of many truck accidents. Truckers must keep logbooks that show their hours spent resting versus driving. These logbooks are key pieces of evidence in cases where driver fatigue caused the accident.

2. Driver qualifications. There are many requirements a driver must fulfill to drive a commercial truck, including age, health, and fluency in English

3. Operator competence. Some truck accidents are due to outright
negligence on the driver’s part. A police report can provide evidence of the driver’s blood alcohol level or non-compliance with other basic traffic laws.

4. Vehicle maintenance. The law requires truckers to keep their vehicles in top shape. Many truck accidents occur due to faulty brakes, inadequate tires, oil leaks, and other problems that the driver has failed to note and address. Again, an inspection and police documentation at the scene of the accident are crucial to provide evidence of this type of negligence.

5. Speeding. If truckers drive more than 6 to 10 miles over the speed limit, they can cause serious damage in the event of an accident. Forensic evidence that shows a trucker was speeding can come out during an investigation into a truck accident.

Thanks to their size, large trucks have the capacity to do serious damage and cause devastating injuries. If you’ve been injured, contact the experienced Dallas truck accident attorneys at Armstrong, the Law Firm, P.C., to discuss your case at (972) 424-5297 (972-424-"LAWS").

www.planoinjurylawfirm.com

11/19/2016

09/30/2016

08/12/2016

“DALLAS WRONGFUL DEATH LAWYER CONSIDERS THE EFFECT OF HIGH PROFILE NEGLIGENCE CASES ON THE PLAINTIFFS”

Dallas wrongful death attorney, Ric Armstrong, examines a tragic, fatal accident involving two teen girls and a former astronaut.

On June 6, 2016, former astronaut James Halsell rear-ended a Ford car carrying four people. The impact caused the Ford to tumble across the road. The crash led to the deaths of two girls, aged 11 and 13, after they were ejected from the Ford.

An officer on the scene reported that Halsell appeared to be intoxicated. He tried to take a car of a Good Samaritan and drive away from the scene of the accident, according to the patrolman. The investigation of Halsell’s activity prior to the accident showed he had been drinking and suggested he may have taken sleeping pills before driving.
The surviving passenger and driver of the vehicle Halsell struck filed wrongful death suits against the retired Air Force colonel. The suits are seeking compensation for damages from various entities, including the provider of the rental car Halsell drove as well as the person who sold Halsell alcohol.

Given Halsell’s status as a public figure and the tragic death of two young girls, the news media and public are likely to focus intently on the case. A public figure like an ex-astronaut may be somewhat prepared for a public trial. But are the victims prepared?

If your accident case generates significant media attention, bear these principles in mind:

• Plaintiffs in high-profile cases should consider retaining an attorney skilled with handling questions from a reporter. A qualified lawyer can help prevent the defendant from shaping the story in the media and casting you or your claim in a bad light.

• Find a way to protect your privacy. The press isn’t interested in your private time, and neither will the opposing counsel be. You will benefit from a sanctuary from the media crush. If you must speak with the press, your attorney can counsel you on what and what not to say, so as not to negatively impact your case.

For assistance with your matter, please call a qualified Dallas wrongful death lawyer at Armstrong The Law Firm, P.C. at 972-424-L-A-W-S (5297) for a free consultation.

www.planoinjurylaw.com

03/04/2016

CELEBRITY DAUGHTER NEARLY LOSES HAND AFTER DOG BITE: PLANO ANIMAL ATTACK LAWYER REPORTS

-- Plano animal attack attorney, Richard “Ric” Armstrong, reports on Kyle Richards’ daughter, Alexia Umansky, who nearly lost a finger after being attacked by a dog.

One of the story lines from the reality show, The Real Housewives of Beverly Hills, this season involved a serious dog attack on Alexia Umansky. Her aunt's dog nearly bit her finger off, which caused her to take time off from college to recover. Per reports from the show, the situation caused tension between Kim Richards and her niece, who argued that the dog should have been put down rather than rehabilitated.
Tense family situations like these arise frequently in the wake of animal attacks at home.

Frustratingly, Texas law regarding dog bites doesn’t always lead to simple solutions and fair apportionment of blame. The state adheres to the common law and what’s known as the “one-bite rule," which states that if a dog has already bitten someone, or acted as if it was going to bite someone, with the owner's prior knowledge, then the owner may be found negligent, and consequently liable for any injuries someone sustains in a later attack. In other words, if your dog bites someone, you’re on notice!

What are “damages”? They often include costs for rehabilitation from medical injuries and lost work time, but they can be more diverse. Umansky, for instance, sought reimbursement for her college expenses. If she had already paid for her term or semester, and Kim Richards’ dog bit her and forced her to take months off school to recover, her aunt could potentially be liable for her tuition as well her medical expenses and other damages. Obviously, pain, suffering and disfigurement (scarring) can play a part as well, particularly if the injured victim is a child. Fortunately, Umansky is recovering well. But these incidents can easily turn tragic.

Don’t wait to get help. Contact a Plano animal attack attorney with Armstrong The Law Firm, P.C. at 972-424-L-A-W-S (5297) for a consultation.

www.planoinjurylaw.com