Some experts claim that the drivers who use their cell phones while driving are every bit as dangerous as a drunk driver! That is because when a driver is deep in conversation their attention is divided between the activity on the roads around them and the streaming dialogue. Professionals who are trained to forecast driving dangers have all concluded that the driving public should be alarmed by the implicit danger presented by those who talk on a cell phone and drive. Moreover, some even claim the government agency in charge of safety has suppressed veritable mountains of data that prove talking on a cell phone while driving is deadly.

“Two consumer groups, the Center for Auto Safety and Public Citizen, unearthed evidence that the National Highway Traffic Safety Administration (NHTSA) withheld “hundreds of pages of research and warnings about the use of phones by drivers,” the New York Times first reported. The highway agency also decided not to pursue its own researchers’ recommendation for a massive study to nail down the risks” (Philadelphia Enquirer, 2009).

Unfortunately, thanks to a labyrinth of challenges to the findings by lobbying groups and other foot-dragging maneuvers the data failed to reach the driving public – and in its wake thousands of deaths and injuries can arguably be attributed to cell phone usage while driving.

What can the average person do?  Contact your local, state and federal representatives and let them know your stance on the use of cell phones when driving.  Also Support groups such as focusdriven which is a great organization dedicated to advancing safety though advocating regulation of cell use and texting while driving.

Greg Baumgartner is a Houston personal injury lawyer and a safety advocate.

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A crime victim’s movement had its grass root beginnings with the concerted efforts of several organizations in 1972 as violent crime was on the increase and national empathy fell on the side of innocent victims who seemed to have no legal recourse at that time. Throughout the 1970s and1980s the federal and state governments began to pass laws that enhanced victims’ rights, By 1985 federal funds were being made available to victims of violent crimes. By the end of that decade three fourths of states had ratified constitutional amendments giving rights and funding to victims of violent crimes. Texas was one of the states and since then the Crime Victims Compensation Program has been made available to thousands who have suffered needlessly at the hands of others.

The CVCP is available to assist victims of violent crimes with expenses incurred as a result of the commission of a crime. Funds can be used to pay for medical, hospital, physical therapy or nursing costs, psychiatric care or counseling, lost wages or earnings, care of a child or dependent, crime scene clean-up, funeral or burial expenses, replacement cost of items lost in the crime or resultant investigation, expenses related to the investigation and prosecution of the crime, and relocation expenses for domestic violence victims.

Greg Baumgartner is a Houston personal injury attorney and the founder of the Baumgartner law firm which is dedicated to helping injury victims seek civil justice. If you or a loved one have been seriously injured through the neglect of another call the Baumgartner Firm to speak with a personal injury attorney in Houston.

In the case of catastrophic industries victims may be eligible for a $75,000 one-time payment. It is important to note that an innocent bystander who intervenes on behalf of the victim is eligible for all the same benefits – as well as police and firefighters.

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Underinsured motorist coverage is a huge problem in Texas and across the country. While nearly every state requires by law that drivers carry adequate insurance – the reality is much different. Some studies place the average nationwide number of uninsured drivers at 14% – although some states found that up to thirty percent of their drivers were uninsured (Colorado) while others claim less than 5% are uninsured (Maine). This means that 14 out of 100 drivers on the road is uninsured and the problems this causes are played out regularly in courtrooms around the United States as victims attempt to wrest recompense for damages from a perpetrator who often has little or no assets.

Texas law requires that automobile insurance policies include personal injury protection (PIP) and uninsured motorist protection (UM/UIM) unless you reject this coverage in writing. Also, often as a condition of your automobile loan, your lender may require you to purchase other types of coverage, such as collision or comprehensive coverage, to pay for any damage to your vehicle.

What should you do if you are hit by an uninsured motorist? First, do not wait until the moment of reckoning to have a plan in place for this eventuality. As the previous statistics have shown – any driver has a chance of being hit by an uninsured driver! With this in mind one should understand that no matter how unfair it may seem – you may be liable to pay for your damages out of pocket. One thing is for sure – never let the driver off with the simple plea that they’ll be happy to pay for your expenses over time. CALL THE POLICE and get the accident on record. Also flag a passing motorist to serve as a witness to the accident and./or the subsequent proceedings. If someone is willing to gamble injury and property damage to themselves or others by driving without insurance – they are not likely to be willing to pay out of pocket without legal intervention.

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A La Marque man was the victim of a hit and run accident after his motorcycle was struck by a pickup truck and the driver of the truck fled it has been reported.

The motorcycle accident happened on FM 519 last week. According to police the motorcycle rider was struck from behind by a Ford pickup truck. The police found the pickup truck about three blocks from the accident scene and motorcycle was stuck underneath the pickup.

Police have arrested a 26-year-old man who has been charged with driving while intoxicated and also failure to stop and render aid.

The motorcycle rider was transported by ambulance to the hospital and reportedly suffered a broken leg and other injuries.

Greg Baumgartner is a La Marque accident lawyer and the founder of the Baumgartner Law Firm, which handles accidents with drunk drivers.

Source:

khou.com

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Proper vehicle maintenance can help drivers prevent accidents. Savvy drivers may be able to perform service functions themselves – such as changing the oil – but if it is out of the realm of your abilities – then take your car to a dealership or a reputable auto shop for service.

Basic car care begins with a visual check of your automobile. Walk around it and look for any obvious signs of trouble. Loose car parts, underinflated or damaged tires are potential problems. Fluids leaking beneath the vehicles can be transmission, power steering or brake fluid or even motor oil. All are signs of engine problems – some small and some big – that require the attention of a professional auto professional.

When you start up your car listen for unusual noises that could indicate potential problems. Warning lights on the dashboard are also cause to get immediate corrective repairs.  One of the most important and valuable service actions a person can take to sustain the live of their vehicle is to change the oil every three to five thousand miles. The oil filter should be changed at the same time.

Other simple maintenance tasks include changing burned out bulbs anywhere in the car including headlights, brake lights, turn signals and overhead light bulbs. Other simple repairs include changing worn out windshield wipers, timing belt, spark plugs and other hoses.

Finally, preventive maintenance is often cheaper than catastrophic problems that result from auto maintenance neglect.

Greg Baumgartner is auto accident lawyer in Houston and the founder of The Baumgartner Law Firm, which is dedicated to helping injury victims seek civil justice. If you have been seriously injured in a Houston auto accident call the Baumgartner Law Firm.

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Texas enjoys some of the warmest year-round weather in the country. While our neighbors to the north shiver through the winter months we can often be found sipping ice tea by our pools. However, these cement oases hold hidden perils for children. Youth and swimming pools can be a deadly combination.

Let us offer some statistics that should serve as a caution to parents. The most unsettling of these is that drowning is the number two cause of death for children ages 1 to 14. If this is not frightening enough consider the fact that nearly 20% of these drowning happen at a public swimming site that is overseen by a certified public lifeguard.

Although we could reel off more numbers – ponder this final fact – adolescents between the ages of 15 and 24 have nearly the highest rate of drowning fatalities of all age demographics.

What is the number one deterrent to drowning deaths? Give your child swimming lessons at an early age. Children as early as three months are capable of learning how to swim and in recent years the training has become more sophisticated – teaching children not just swimming but also water survival. Once your child knows how to swim make sure they have the opportunity to practice regularly – this helps to prevent panic in an unusual water situation.

Finally, watch your own children – do not expect others (no matter how well trained or paid) to do this for you. No one has a greater vested interest in them than you.

Greg Baumgartner is a Houston personal injury attorney and the founder of the Baumgartner Law Firm, which is dedicated to helping families with wrongful death claims seek civil justice.

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Drowning is a leading cause of death

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Burn injuries are some of the most painful and difficult from which to recover. They can be caused by chemicals, light, radiation, heat or electricity. Each can result in first, second or third degree burns.

First degree burns such as sunburn only damage the outer layer of skin. They can be treated with cool water and compresses. Do NOT use ice or butter as they can cause permanent skin damage. Second degree burns are more serious and involve the top TWO layers of skin. These types of burns will blister and should be treated with topical anesthetics. They are painful and require up to 3 weeks to heal fully. Third degree burns are the most serious. They actually destroy all layers of the skin as well as issue underneath. These require immediate medical attention and take weeks or months to heal. They often require drastic surgery such as skin grafts as well.

Chemical burns most commonly occur as workplace accidents. Those companies that fabricate chemicals or chemical products or medicine as well as mining companies or auto repair shops see the greatest number of chemical burn accidents.

For our purposes, automobile accidents can result in any of the three degrees of burns. Automobile fires may start on impact in head on collisions or rear end impacts. They may also be caused by engine problems and even if a lit cigarette butt flies into the car and is lodged into the upholstery – or otherwise remains undetected until smoke and flames occur.

Many times personal injury lawyers investigate the cause and origin of the car fire to determine if the manufacturer of the automobile had any responsibility for the injury or wrongful death from a car fire.

If you find you are headed into a collision – as a driver you should turn off the ignition before impact if possible. That will help to minimize fire problems. If you have lost a loved one and would like to speak with a Houston car fire attorney, call the Baumgartner Firm.

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Traumatic spinal injuries that result from automobile and truck accidents may be especially insidious for several reasons. First, spinal injuries may range from whiplash to paralysis – either temporary or permanent – and anywhere in between. Let us take this blog to focus on  several types of spinal injuries.

Whiplash or what we call soft tissue injury is the most common form of spinal injury – and often the most misunderstood. While the media tends to refer to it derisively as a ‘fake injury’ – it is very real indeed. When a person is rear ended in their vehicle the body may accelerate forward straining neck and even back ligaments before the head snaps forward. At the same time the vehicle is decelerating at a rapid rate and neck, back and head muscles are strained at best. Depending on the severity of the car accident, recovery can take days to weeks and in extreme cases – even months.

There are a number of other factors that come into play in a discussion of spinal cord injuries. For instance, the weight, mass and speed of the vehicles as well as their angle of impact have a significant effect on the final type of spinal injury a victim may experience. Extensive research shows that the physics and mechanics of an accident are the prime cause of varying types of spinal injuries – and automobile manufacturers are utilizing this data to redouble their engineering efforts to minimize a victim’s chance of suffering long term and debilitating spinal problems.

In the meantime – always wear your seatbelt and drive defensively.

Greg Baumgartner is a Houston personal injury lawyer who helps injury victims seek civil justice.

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Swimming pool accidents happen at the rate of nine deaths a day in the United States. It is the second leading cause of injury accident deaths among children ages one through fourteen and is the LEADING cause of death for children ages 1-4. For toddlers up to age one – over half of the drowning occurs in buckets of water, the tub or the toilet. Another startling statistic is the fact that up to 19% of youth drowning occurs in public pools with certified life guards on duty.

Unfortunately, other statistics related to childhood drowning and other water accidents are equally as grim. For instance, nine out of ten childhood drowning deaths occur even though a parent or other caregiver offers that they were ‘watching’ the child or otherwise responsible for their safety.

Over 5000 youth experience nonfatal drowning each year. This means they were underwater and either lost consciousness or actually stopped breathing for a period of time before being revived. Of these 15% – or approximately 650 children – eventually expire and another thousand suffer permanent neurological disabilities.

Drowning deaths of children can also be traced to lake shores and other natural waterways that are unguarded by certified life saving personnel but can just as likely be overseen by lifeguards. Approximately one hundred children die each year in these circumstances.

There are several preventative measures that can help to ward off drowning deaths. First, watch your children with eagle eyes – do not count on a lifeguard or other child care giver to keep your child one hundred percent safe. Second, do not allow your child to swim in unguarded areas. Finally, give your children swimming lessons. They offer them to children as young as 6 months old. Give your child a fighting chance against water accidents.

Greg Baumgartner is a safety advocate and a Houston personal injury attorney.

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Errors in road design and construction contribute daily to automobile and semi truck crashes. Several of the more common factors include barriers and guardrails, exit and entrance ramps, road markings and road surfaces, signage problems, roadway shoulder designs, traffic control mechanisms, visibility, and the flow of traffic patterns. The car accident potential is magnified in construction areas when the roadway is not fully completed.  Let us consider each separately.

Guard rails and barriers such as those that separate the flow of traffic in opposite directions are safety devices whose inadequate design or implementation leaves drivers vulnerable to accidents. In addition, exit and entrance ramps that cause traffic back-ups or an inability to enter and leave the highway safely without endangering drivers around you can also be traced to poor road design.

Road markings such as ‘do not cross’ yellow lines or highway reflectors play an integral role in keeping drivers safe. These must receive regular maintenance to ensure driver safety – a cost that should be built into state and federal budgets. In addition, poorly maintained road surfaces are a recipe for driver disaster. Rumble strips and grooves in the highway surface indicate to the driver that there may be hazards ahead and to slow down. An absence of these two important safety features can lead to accidents.

Traffic control devices including traffic lights, appropriate signage (yield, slow down, etc.), pedestrian crosswalks and more are also meant to keep drivers, passengers and walkers safe.

Visibility is an important factor in road design. Engineers must study weather patterns in an area to determine its impact on road design, although over time these factors change. Fog, flooding and other weather conditions all play a part in safe road design.

Finally, although not impossible, road defect litigation is very difficult for a variety of factors. The best one can do is to be aware of the surrounding road conditions when driving.

Greg Baumgartner is a Houston personal injury attorney and the founder of the Baumgartner Law Firm, which is dedicated to helping victims of car accidents seek civil justice. If you would like to speak to a Houston Car Accident attorney call the Baumgartner Law Firm.

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