Yet another school bus accident on the east coast has claimed at least one child’s life and gravely injured two more. The accident itself is still under investigation but what is known is that there was a collision between a dump truck and a bus. The question is – could the death and injuries have been avoided if there were seat belts on the bus? What are the arguments for and against seat belts on school buses?

The reasons for not installing seatbelts on school buses are obvious. First, it would be an additional expense to the manufacturer which would be passed on to the school districts when they are purchased. Second, it would further limit the number of children who could be seated in each ‘compartment’. Anyone who has ever ridden a school bus knows that three and sometimes four kids pack themselves into a seat – that’s part of the bus riding experience. The installation of belts would severely limit the number of children per seat.

Meanwhile, a number of studies have failed to authentically reveal the crashworthiness of buses and subsequent injury to riders in the case of a side impact crash – which occurs in seven out of ten impacts. Both side-impact and rollover crashes could throw a child (this seems less likely in frontal crashes according to the statistics) and that is what causes injury and death.

If there was ever a cause to get behind – it’s putting seatbelts on school buses. Even if they only save a handful of children each year – they’re worth it.

Texas recently passed a law requiring seatbelts in some buses however, it was not adequately funded and has largely not met expectations for that reason.  Additionally, schools the have a program to monitor seatbelt use get priority. It is hard for me to see how a bus driver with 50 kids can both drive and monitor adequately seatbelt use.

Greg Baumgartner is a wrongful death attorney and the founder of the Baumgartner law firm, which is dedicated to helping personal injury victims seek civil justice. If you would like to speak with an accident attorney call the Baumgartner firm.

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Most people who are in a serious injury car accident have no idea what to do or what is expected of them as an injury victim. Many are shocked by the treatment they get from the other drivers insurance company and are even more outraged once the insurance company starts talking about money.

Some helpful suggestions to help you with a potential case include:

Initial Documentation

an injury victim should be sure to keep the initial documents of the accident that they get from the investigating officer at the which includes contact information for the negligent driver and his or her insurance information as well as an incident number.

Take Photos With Your Cell Phone

Is a good idea to take photos of the vehicles before they are moved or if not possible shortly after they are moved within eye toward showing the force of the impact and the damage to the vehicles. Things like skidmarks and debris on the roadway may also be important to help establish liability down the road.

Do Not Give Permission To Medical Providers

Recently, some medical providers are asking for permission from the victim to contact an insurance company regarding their medical bills. We recommend that victims do not authorize their medical providers to reach out and connect with the defendant’s insurance company. That is not to say that the insurance company should not be provided with medical records but contact by the medical providers to the defendant’s insurance company is not something we recommend. If the victim has health insurance, it is a good idea to run your medical bills through your health insurance plan and let the medical provider deal with your medical insurance company and not the defendant’s insurance company.

Contact A Reputable Personal Injury Attorney

If you have a serious injury you may well want to consider hiring a personal injury attorney to help you handle the claim. If you decide to get help, or need specific advise, you should contact your family attorney or look for a reputable attorney who handles personal injury insurance claims.

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The National Highway Transportation Administration reported a recall on February 28, 2012 for Goodyear Wrangler Silent Armor tires of specific sizes.  This is the Campaign ID number 12 T003000. The recall covers certain Wrangler Silent Armor tires that were made from the 9th week of 2009 through the 22nd week of 2009. The concern is that these tires may have a partial tread separation, which can result in a very serious, or wrongful death accident.

According to reports, this recall by Goodyear Tire & Rubber Company would include about 41,000 tires. At least 2 people have been killed in a rollover accident with the vehicle that was equipped with these tires, according to reports.

Typically, the recalled tires would be installed on pickup trucks, vans and SUVs. If you are concerned about whether or not you have one of the recalled tires you can Google how to determine the age of a tire and can learn the easily read code for the age of the tire. Additionally, you can go to the national Highway Transportation Safety Administration’s website to learn more information about the recall and the specific tires included. This is the link to their website:

http://www-odi.nhtsa.dot.gov/recalls

A tread separation on a pickup truck or an SUV can turn deadly in a fraction of a second when the tire deflates or blows out and the driver is unable to control the vehicle, often resulting in a fatal rollover accident. The danger is of losing control is greatest when a rear tire fails on the vehicle.

If you have been involved in a rollover accident and believe you may have a recalled tire and would like to speak with a recalled tire accident attorney contact Baumgartner Law Firm for no obligation consultation. Rollover accident attorney Greg Baumgartner has substantial experience in defective tire lawsuits.

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Several years ago, Texans were sold on the concept of “tort reform” and the politicians and insurance lobby pushing such concept made many promises.   Few, if any, of the promises have proven true. The painful reality is that Texas tort reform has benefited wrongdoers such as drunk drivers while it has clearly hurt Texas families.

One of the promises made by politicians or others sponsored by insurance interests was that our insurance rates (being some of the highest in the country) would drop for our car insurance. Unfortunately, Texas continues to have some the highest car insurance rates in the country and our rates have continued to rise in double-digit fashion. With estimates at 38 cents paid out on the premium dollar for claims, it does not take much imagination to see where the money is going–in the pockets of insurance company.

Texans are required by law to carry auto insurance if they drive their car in Texas. Car insurance is mandatory in Texas. The failure to regulate the claims handling practices of insurers or the amount they actually pay out in claims while at the same time requiring families to pay for car insurance is one of the biggest injustices of our time. Texas families, after “tort reform” continues to be “profit centers” for insurance companies for many years now.

Worse, is that Texas has passed a provision with “tort reform” dealing with “paid or incurred” medical bills which in effect penalizes responsible Texas families who pay for their own health insurance and benefits drunk drivers and wrongdoers at the expense of the Texas family.

In effect, the drunk driver gets the benefit of a Texas family paying for their health insurance premiums and the Texas family who has been harmed by the drunk driver is not compensated for their responsibility and in fact, is penalized and hurt by being responsible and paying for their families health insurance. The drunk driver gets the benefit of a family paying for health insurance but he does not have to reimburse the family for the premiums paid to have such coverage. Very hard to believe that leaders in Texas would do that to Texas families, but they have.

Not only has the “paid or incurred” provisions been a huge injustice to Texas families but the provisions have run up the cost to the Texas family who has been injured because it costs more now to document their medical expenses in a claim or lawsuit to obtain civil justice. In effect, drunk drivers and wrongdoers get the benefit of the family being responsible and the Texas family gets the shaft.

Other states that have considered such punitive provisions have rejected them as being totally unfair to families and a windfall to insurance companies. Many other states insurance regulators set a minimum payout for claims of policy dollars collected at 68 cents per dollar. As you may know, Texas has not done that and Texas families are being used as the piggy bank of the insurance companies reaping huge profits in Texas.

The next time you read an article written by a “tort reform” advocate (there is a very good chance they are connected directly or indirectly to the insurance lobby), realize that the truth of the matter is that Texas families are being penalized, wrongdoers are let off the hook and insurance companies are laughing all the way to the bank. In short, Texas tort reform has proven a disaster for Texas families.

Greg Baumgartner is a personal injury attorney and the founder of the Baumgartner law firm, which is dedicated to helping personal injury victims seek civil justice. If you would like to speak with a injury attorney call the Baumgartner firm.

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A shocking accident on a Florida highway last week claimed the lives of eleven people. The circumstances were not unusual – and led me to recall a similar case I handled outside of Houston.

According to initial reports a brush fire along a darkened highway combined with foggy conditions to create a situation that resulted in zero visibility for drivers on the road and – one by one – semis, personal trucks and automobiles all ended up crashing into each other. Bystanders claim that several vehicles burst into flames and burned to their steel shells including two semi-trucks. Four members of one family were killed and a fifth survived with severe injuries.

Several years ago in my Houston 18 wheeler accident law practice I had a similar case where my client was severely injured and another family lost two people in a multiple car truck crash on US 290 just outside of Houston.  A farmer had been burning brush and the smoke crossed the road.  I alleged in the semi truck accident lawsuit that the several of the truck drivers violated safety regulations and after a long fight the case settled on the day of the trial.

What remains to be determined in the Florida case is liability. According to reports, the highway patrol had shut down the highway earlier in the evening – and had only reopened moments before the initial crash that began the melee. Now family members and citizens alike are wondering what possessed the FHP to reopen the highway in what were clearly dangerous conditions.

Texas citizens will recall that last summer was one of the longest, hottest and driest on record – and one of the most ‘fire-filled’ as well. Smoke blanketed highways all along the state for several months.

Fortunately, we avoided a similar tragedy. But it is always a sad caution when we hear of multi-vehicle and multi-fatality accidents that occur when the ‘elements’ come together.

Always drive cautiously.

Greg Baumgartner is a 18 wheeler accident attorney and the founder of the Baumgartner law firm, which is dedicated to helping personal injury victims seek civil justice. If you would like to speak with a tractor-trailer wreck lawyer call the Baumgartner firm.

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The National Highway Transportation Safety Administration continues to balance consumer safety with consumer demand – a job that they do effectively for the most part.

For instance, they have developed a series of regulations related to Electronic Stability Control Systems. These systems are designed to reduce the serious risk of rollover crashes as well as the risk of death and serious injury in those crashes. To do this they have established the Federal Motor Vehicle Safety Standard (FMVSS) No. 126 which requires electronic stability control (ESC) systems on passenger cars, multipurpose passenger vehicles, trucks, and buses with a gross vehicle weight rating of 4,536 Kg (10,000 pounds) or less.

According to the NHTSA reports – ESC systems use automatic computer-controlled braking of individual wheels to assist the driver in maintaining control in critical driving situations.

The NHTSA report continues by stating that it estimates electronic safety control will reduce single-vehicle crashes of passenger cars by 34% and single vehicle crashes of sport utility vehicles (SUVs) by 59%, with a much greater reduction of rollover crashes.

In terms of lives saved – ESC could save 5,300 to 9,600 lives and prevent 156,000 to 238,000 injuries in all types of crashes annually once all light vehicles on the road are equipped with this device.

In an era of “anti Washington” and anti regulation, it is beyond dispute that the Department of Transportation saves thousands of American lives every year through effective safety rules.

Greg Baumgartner is a Texas personal injury attorney and the founder of the Baumgartner law firm, which is dedicated to helping personal injury victims seek civil justice. If you would like to speak with a Texas personal injury lawyer call the Baumgartner firm.

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Among its many expectations, the National Highway Transportation Safety Administration is responsible for issuing vehicle safety standards as well as requiring manufacturers to recall vehicles that have been determined to have defects that could impose a threat to unsuspecting drivers and passengers. To date there have been nearly four hundred million vehicles of all types recalled for various reasons that include everything from engine problems to substandard tires.

In fact, a review of the information available regarding vehicle recalls finds that the most common causes include:

•Steering components that break causing loss of vehicle control.

•Problems with fuel system components that end in fuel leaking and vehicle fires.

•Sticking or broken accelerator controls.

•Engine cooling fan blades that break.

•Windshield wiper assemblies that do not operate correctly.

•Seats and/or seat backs that fail unexpectedly during regular use.

•Any number of critical vehicle components that break, fall apart, or separate from the vehicle, causing potential loss of vehicle control or injury to persons inside or outside the vehicle.

•Wiring system problems that result in a fire or loss of lighting.

•Car ramps or jacks that collapse when someone is working on a vehicle.

•Air bags that deploy unexpectedly or improperly.

There are also a wide variety of recalls related to child safety seats. These have included problems with their structural soundness and authentic ability to hold up in the case of a vehicle collision.

If you want to keep abreast of vehicle safety recalls then regularly visit the NHTSA website. And if you or a loved one have been seriously injured in an auto accident involving a vehicle that has been recalled and would like to speak with a personal injury attorney call the Baumgartner Law Firm for a consultation.

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The term ‘dram shop’ is an ‘olden’ term that refers to a tavern, bar or other type of establishment in which liquor is served. A ‘dram’, then, was a word that indicated the specific and small amount of alcohol by which liquor was sold.

Today, dram shop liability is indicative of the laws that are in place to protect the public from the irresponsible behavior of bar owners (and the like) who may serve alcohol to minors OR an individual who is visibly intoxicated. ‘Dram’ laws seek to hold both the bar owner and server accountable for serving alcohol to a minor or individual who is obviously drunk if that person then goes out and injures or kills another person in a drunk driving accident.

These laws do require the plaintiff to demonstrate that their injuries were the result of a tavern owner or server having ‘over-served’ the person who caused the accident. That is not always as easy as it sounds and in Texas the laws are designed to limit lawsuits against bars that over serve customers by requiring, in some cases, that the victim’s family prove that the bar encouraged its employees to over serve customers.

In one recent lawsuit reported in the news a young person was killed in a head-on collision when a person left a bar visibly intoxicated and lost control of his car. The club owner was found responsible and seven figure damage award was given in compensation in the wrongful death lawsuit.

Dram shop laws firmly imply that we cannot simply be innocent bystanders as we watch an intoxicated person get behind the wheel of their vehicle and attempt to drive drunk. Be proactive and step in. The life you save may be that of someone you love. Don’t drive or ride drunk!

Greg Baumgartner is a DWI accident attorney and the founder of the Baumgartner law firm, which is dedicated to helping personal injury victims seek civil justice. If you would like to speak with a Houston DUI accident lawyer call the Baumgartner firm.

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In our Houston personal injury practice we get calls every day from folks frustrated with their dealings with insurance companies. This is particularly true when dealing with a third persons insurance company, such as when someone who is at fault wrecks your car and injures you.

Not only are people frustrated with how insurance companies are handling injury claims, but also angry about how they are treated in general and in with dealing with the property damage claim. Delays, denials, unreasonable offers and abusive tactics and demeanor all have led to a record dissatisfaction with insurance companies in Texas.

Much of the problems that Texans are having in dealing with insurance companies relates to the inadequate remedies in Texas available to the consumer when the insurance carrier uses abusive claims handling practices. In other states, the insurance commissioner will regulate the conduct of the carriers and also the premiums charged and most do not face the same problems that Texas families are forced to deal with everyday.

Additionally, Texas had “tort reform” which had the unintended result of actually increasing lawsuits because of unreasonable positions taken by insurance carriers–in effect the “take it or sue us” mentality and costs of lawsuits have also increase to Texas families.

Texans pay some of the highest car insurance and homeowners insurance in the country yet insurance companies doing business in Texas are reaping record profits and paying out only a small percentage of the revenue collected in actual claims. Many states regulate the minimum amount of payouts for claims by the insurance companies as a way to keep premiums paid by its citizens to a reasonable level. Texas has yet to adopt that approach and families are stuck with the tab.

If you are angry at how you are treated by an insurance company or how high your insurance premiums are for home or automobile insurance, contact your state representative and demand insurance reform for Texas.

Greg Baumgartner is a Houston personal injury attorney and the founder of the Baumgartner law firm, which is dedicated to helping personal injury victims seek civil justice. If you would like to speak with a Houston 18 wheeler accident attorney call the Baumgartner firm toll free at 1-866-758-4529.

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Driving to my Houston law office today, I heard a radio announcer interviewing a parent of a child that was apparently seriously injured at a Houston day care center. This circumstance happens much more frequently than many people realize.

Although the facts are still being developed for this recent child injury, from what I heard alleged on the radio, it sounded fairly ugly. There is nothing more distressing than the feeling of helplessness when your child gets injured. The more sever the injury the more distressing the helpless feeling for the parents.

Many working families entrust their children to daycare centers across the Houston area everyday. Many of us would prefer to keep our children ourselves, however economic realities require that the parent work to provide for the family.

Day care centers are not inexpensive and often are quite good at what they do. At the same time, there are many serious injuries and even wrongful deaths that occur from daycare centers.

Some years ago, I represented a family who had lost a child in a tragic day care accident. The family suffered beyond description with the loss of their child. We were successful in that wrongful death lawsuit and also where able to require the day care center be closed permanently. Still, no civil justice can ever replace a child.

As careful as you may be in selecting a day care center, there is always the potential for a serious injury should the day care center not pay proper attention to the care of the children.

There are many online sources available to check out day care centers and I believe it is also a good idea to interview some folks to leave their children at the daycare center to see what issues, if any, they have.

The state of Texas regulates day care centers, however, the regulation is difficult to enforce or police in this era of massive budget cuts of public services. It requires the family to be proactive in selecting the proper day care center and even then there is some risk. You can access the Department of Family and Protective services by clicking here or going to http://www.dfps.state.tx.us

If your child has been injured in the daycare accident and you would like to speak with the daycare accident lawyer call the Baumgartner law firm for no obligation consultation regarding and day care injury case.

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