Back to School

Back to School

Another summer is over and it’s back to school for many children. An exciting time, full of awe and for some –  anxiety. New friends, new teachers, new curriculum and tests, tests, tests.

But walking to school can be a hazardous and even a tragically fatal experience, take a few minutes to talk to your child or children about road safety even if they ride the school bus or your teen drives themselves.

According to the National Highway Traffic Safety Administration between 2006 and 2015 over 300 children were killed in fatal “transportation-related crashes“. NHTSA has suggested the following safety tip to help them stay S.A.F.E. traveling to and from school. When riding the bus:

  • Stay 5 giant steps away from the curb
  • Always wait for the bus driver to tell you when to board.
  • Face forward after finding a seat on the bus.
  • Exit the bus when it stops, look left-right-left, and take five steps away from the bus toward the curb.

When walking to school: Children under 10 years old should be accompanied by an adult. Teach your children to always:

  • Use the sidewalk whenever possible, and if there isn’t a sidewalk, walk on the edge of the street facing traffic.
  • Focus when walking near traffic – this is no time for horseplay.
  • Use crosswalks whenever they are available to cross the street.
  • Look left-right-left before crossing any street.

When biking to school: What a fun and awesome time it is when you get to ride your bike to school. In addition to making certain the bike is safe to ride make sure the following guidelines are followed (and see our post on bike safety):

  • Always wear a properly fitted helmet and securely fasten the chin strap.
  • Ride in the same direction as traffic and follow traffic signs and signals.
  • Stay in the bike lane whenever possible.
  • Use the sidewalk appropriately and keep an eye out for other pedestrians.
  • Never use electronics while riding – they are distracting.

Driving:  According to NHTSA teens are the most distracted age group that are involved in fatal automobile accidents. As you can already predict, texting is by far the most common cause of distracted driving among teens. Taking one’s eyes off the road for 5 seconds at 55 mph is the equivalent of driving the length of an entire football field with your eyes closed. In just 2015 alone almost 3,500 people were killed by distracted driving and 391,000 were injured.

  • Have a safe driver behind the wheel.
  • The car shouldn’t move until everyone is buckled up.
  • Use appropriate car seats and booster seats for younger passengers, and remember: every child under 13 must ride in the back seat—no exceptions.
  • Finally, remember that the phone stays down when you’re driving!

Importance of road safety.

Parents, talk to your children about the importance of road safety, don’t just quiz them on if they have all their supplies in order, who their new teachers are, who their new friends are… Be certain to talk to them about a safe journey to and from school.

Our thanks go out to the NHTSA for the publishing of their article on back to school safety. Read the entire article here.

STREET LAW FIRM Personal Injury & Wrongful Death Attorneys have been honored to help our community and clients for over 35 years. Dan Street has personally earned our clients tens of millions of dollars in awarded resolutions. if you or a loved one have been injured or you know of someone catastrophically killed in an accident by another’s negligence, then contact our office for a no fee consultation by clicking here or submitting your case here.

Ten Best Attorneys

American Institute of Legal Counsel

10 Best Personal Injury Attorneys

The American Institute of Legal Counsel recently named Dan Street of STREET LAW FIRM one of the 10 Best Personal Injury Attorneys in the state of Texas for 2018. It recognizes Dan for “Exceptional And Outstanding Client Service.” in the area of “Client Satisfaction.”

The American Institute’s Personal Injury Division compiles an exclusive list of the “10 Best” Attorneys for each State. Some States depending on size and population density may be broken up into City or Region to be more applicable to potential new clients who utilize this site when looking for an Attorney. The “10 Best” is a prestigious honor for the Attorney as each Attorney must:

  • Be formally nominated by the Institute, client, and/or fellow Attorney;
  • Have attained the highest degree of professional achievement in his or her field of law; and
  • Having done so with an impeccable Client Satisfaction rating.

Press release to local media.

In a press release to local media, including TV stations and Tech giant search engines such as Google and Bing the following selection criteria required each attorney to have the following:

  • 10 / 10 in Client Satisfaction
  • Top Rated
  • Must Be An Industry Leader
  • No Unresolved Complaints
  • Awards
  • Associations
  • Publications
  • Speaking Engagements
  • Education and Continued Education

Dallas’ STREET LAW FIRM with Dan Street at its helm has been in business over 35 years. Dan’s efforts have resulted in his clients receiving tens of millions of dollars. Have you been injured in a car wreck? Hurt in a fall?  Has someone you love been killed or catastrophically injured by the negligence of a careless individual or company?  Contact us at 972-404-8585 for a free consultation.  All cases are taken on a contingency-fee basis, and there is never a fee until we successfully resolve your case.

 

 

Untimely and Inaccurate Medical Diagnoses

Diagnosis and treatment

An accurate and timely diagnosis

An accurate and timely diagnosis can literally be the difference between life and death, whether talking about brakes on your car or healthcare for your physical body. Doctors are trained to diagnose conditions as soon as possible, while that’s quite a daunting task, it’s experience and training that that will produce the best results, a lack of those will slow the process and lead to a misdiagnosis. Even some of the best trained and most experienced can make a mistake, that’s human nature, but it’s also a possible medical malpractice case

Accurately diagnosing cancer in its early stages can often lead to treatment that may cure it if caught early enough. Diagnosing strokes and heart attacks will in more cases than not, open the door to receiving the exact treatment necessary to save a person’s life.

What about a case involving HIV?

What about a case involving HIV? A man in Boston recently received an $18.4 million settlement from a medical malpractice lawsuit because he wasn’t diagnosed early enough to be able to timely treat the condition before the HIV had accelerated. That’s horrific, the saddest part is it would have turned out differently if he had received an accurate and timely diagnosis of his HIV.

If you need help with HIV, contact HIV services in Dallas.

Medical Malpractice Caps in Texas

The caps (maximum payouts) for a Medical Malpractice lawsuits in Texas prevent damages from getting too high. Damages fall into two categories, economic damages, and non-medical damages. The medical malpractice caps are only enforced on non-economic damages.

Economic Damages: Are related to medical bills and expenses, past lost wages future lost wages things that are relatively easy to put a dollar amount to.

Non-Economic Damages: Are related to items such as pain-and-suffering, or mental anguish, or disfigurements, or impairments. Such damages are much harder to assess and put dollar amounts on.

So the non-economic damages in Texas are capped to a single hospital’s negligence at $250,000 and two or more hospital’s negligence have a $500,000 cap.

Negligence of Doctors, Nurses, Physicians, Pharmacists, aids or basically any human healthcare providers as opposed to non-human providers ie. hospitals have a $250,000 cap total, regardless of the number of individual doctors etc that contributed to the negligence. It also includes the number of plaintiffs in the same case, for example, the pain-and-suffering of the spouse and children. It all has a global cap of $250,000 for the entire non-economic damages and everyone who has suffered them.

 

Confused? Help is just a phone call away…

Dan Street Attorney and Counselor is a qualified and experienced medical malpractice attorney in the Dallas area. Dan has successfully fought for and received awards in excess of tens of millions of dollars for the 35 years he has been practicing law. There is never a fee from STREET LAW FIRM until we successfully resolve your case. Contact our office if you or a loved one feel your medical case has been acted upon negligently or irresponsibly.

Amazon Workplace Injuries

Amazon Workplace Injuries

Delivery to your door within 2 hours comes at a price.

Having items delivered to your door within 2 hours of ordering them is an absolute modern miracle, but accomplishing that feat is taking its toll on Amazon’s warehouse staff and delivery personnel. That toll is being manifested in a staggering rise in workplace injuries; from tripping, falling, slipping, lifting, pushing, pulling, reaching, at locations such as the shipping and receiving docks, accidents involving fork-lift trucks, conveyor belts, storage accidents, to injuries that occur just as a result of overall manual ‘shipping and handling’ procedures.

With strict delivery times come strict performance monitoring (right down to the number of bathroom breaks employees take), meaning if workers don’t meet their quotas or found to be inefficient or ineffective in their fulfillment duties they will likely be let go, while meeting the requirements and expectations of their fulfillment jobs, the employees’ bodies and health are at risk on a daily basis.

Utilizing AI robotics

Countering many of the risks to its employees, Amazon is utilizing AI robotics to assist in order fulfillment procedures, putting employees at significantly less risk of personal injury. At one time Amazon hired over 800,000 warehouse employees, many of those employees have now been replaced by AI robotics. While Amazon is maximizing the safety and health of its employees, workplace accidents are still going to occur, given they still have around 125,000 warehouse employees exposed to the aforementioned risks to their bodies and health.

The darker side

The darker side of Amazon’s working conditions is also as troubling as how wondrous and awe-inspiring as their AI Robotics are. According to a horrifying investigative article by The Guardian, in April 2018, it found Amazon’s warehouses were listed on the National Council for Occupational Safety and Health’s “dirty dozen” list of most dangerous places to work in the United States.

After injuring his back, one employee was being told by superiors he’s too young to have back problems. Others complain of their paperwork being held up so they can receive the proper treatment they require, or not being provided any at all. There is little doubt Amazon is doing all they can technically and educationally to ensure the health and safety of their employees, but it’s not humanly possible to manage all the claims and instances for unforeseeable errors and injuries that having so many employees in warehouse fulfillment jobs are going to bring.

Injured on the job at Amazon

Have you or a loved one been injured on the job at an Amazon workplace in Texas? Firstly get legal advice, we suggest you contact us at the STREET LAW FIRM. (Not associated with Amazon in any way.)
The legal team at our Dallas offices led by Dan Street who is a proven experienced personal injury lawyer that has earned his clients tens of millions of dollars over the many years he has been in practice.

Do not: Let Amazon coerce you into using one of ‘their’ doctors or agree to mediation before talking to an attorney. Do not sign anything without first contacting our office.

What you must do: Notify your supervisor of your work-related injuries in writing immediately. Seek medical treatment for your injuries right away from a doctor of your choosing. (The staff at our office) can advise you if you need us to, just give STREET LAW FIRM a call at 972-404-8585 or Toll-Free at 866-529-3737)

We want to help you and remember there are no up-front costs or out of pocket expenses until your Amazon Workplace Injury case has been successfully resolved. Give us a call or use our case submittal form here.

Painkillers

Painkillers Can Be Deadly

According To The FDA

Every day, 60 people die from opioid pain medications. That’s 22,000 people every year.

According to the Food and Drug Administration, four out of the six most deadly pre­scription medica­tions given to Americans are members of a class of powerful painkill­ ers known as opioids.

Like heroin, opioids are related to opium that comes from poppies, long known for its painkilling ef­fects. Modern opioids, however, are up to 100 times more potent and are therefore relatively much more dangerous. Although all of these drugs, which include oxycodone (also known as OxiContin), fen­tanyl, morphine, and methadone, have legitimate medical uses, they also have all proven to be very deadly.

“Painkillers don’t kill pain. They kill people,” says  Dr. Don Teater, National Safety Council medical advisor.

As powerful painkillers, these drugs are used to treat those suffering from great pain, including patients recovering from surgery and those with severe long-term pain, such as some cancer patients.

Opioids Are Often Overprescribed

However, opioids are often overprescribed by doctors, leading to patient addiction. Even if properly prescribed, accidental misuse of these drugs is common and can result in a deadly overdose.

The lifetime odds of you being killed by opioid usage is 1 in 109, which is right behind your chances of being killed in a motor vehicle accident which is 1 in 102 odds of it being the cause of death.

Overuse of or overdosing on any of these drugs can cause a respi­ratory arrest or respiratory depression, both of which can lead to your death. The drugs also have other side effects, which can get worse the longer their use is continued.

If you have used these opioids or someone you know has died or suffered some other bad outcome from using them, contact us. You may be eligible to file a lawsuit and be compensated for your loss. Remember there is never a charge to contact a lawyer with STREET LAW FIRM.

Mosquito Bite

Employer Responsible For Dangerous Mosquito Bite

West Nile Virus

Employers have a duty to pro­vide their employees with a safe place to work. A recent case may help define just how far that duty goes.

The suit was brought by a worker who had been bitten by a mosquito. Unfortunately, the mosquito carried the West Nile Virus, and the worker contracted encephalitis. As a result, he suffered a severe loss of cognitive function, and he can no longer walk without a cane.

He Sued His Employer

He sued his employer, a rail­road. The evidence showed that the railroad knew of the dangers mosquitos presented but that it had neither warned the employees nor provided those who were working outside and around mosquito-in­fested areas with bug spray.

The railroad argued that there was no evidence showing that the worker had been bitten while work­ing, that it had no duty to protect its employees from “wild” animals, and that in any case, the danger that someone working outside might be bitten by a mosquito is well known.

$780,000 Settlement

The parties initially had trouble finding 12 jurors willing to consider whether the employer should be held liable, but once the jury was seated, the trial took just a few days. The jury returned a verdict in favor of the worker for over $780,000.

If you have suffered a personal injury at your place of work, you need to protect your rights and contact an attorney as soon as possible. A personal injury lawyer at the STREET LAW FIRM can evaluate your case at no cost to you. If we determine you have a personal injury claim, we will handle your case aggressively. You pay absolutely nothing unless we win your personal injury case. Contact our Dallas Law Firm today.

Smartphone Distractions

Smartphone Driving Distractions: smh

Talking on the phone.  Sending a text. Using your GPS. Adjusting your stereo. Talking to passengers. All of these things can lead to dis­tracted  driving.

Distracted driving is dangerous, claiming 3,450 lives in 2016 alone

Distracted driving occurs when a driver is trying to do something else while driving and so does not give his or her full attention to the road. Although some may see these distractions as trivial, the National Highway Traffic Safety Admini­stration  estimates that 9% of all traffic deaths (3,000 out of 33,000) are caused by distracted drivers.

Given that new technologies like cell phones and GPS  systems are a common source of  distrac­tions, it should come as no surprise that in 2010, 13% of the distracted drivers involved in fatal crashes were between  15 and 19 years old. However, teenagers are not the “only culprits–48% of young driv­ers saw their parents talking on the phone while driving, and another 15% saw their parents texting while driving.

Many of these crashes involved sending or receiving a text. Looking at the average text takes your eyes off of the road for almost five sec­onds. At 55 miles per hour,  this is the equivalent of driving the length of an entire football field without looking where you’re going.

A number of different ap­proaches are being taken to try to reduce the amount of distracted driving.  Many states have enacted laws forbidding texting while driv­ ing and all cell phone usage by novice drivers, and several states limit cell phone usage for all drivers to hands-free devices so that the driver can keep his or her eyes on the road.

Vehicular Manslaughter

Some states are enforcing their vehicular manslaughter laws against those who kill someone  be­ cause they were driving while dis­tracted.  For more information, go to distraction.gov.

Have Your Teen Drivers Sign A “Safe Driving Contract”

Parents should try to set a good example for their children by not allowing themselves to be dis­tracted while driving.  Many parents are asking their teen drivers to sign a “safe driving contract,” where the teen pledges not to talk or text while driving and to do other things to increase safety, such as wear a seatbelt and not drive with someone who has been drinking.

There is nothing you need to say or see that is worth risking your life or the lives of others. Remember to “Put It Down” when you’re driving.

If you, or someone you know, or love, has been injured in a vehicle accident, contact us immediately at the STREET LAW FIRM. Do not settle for less than what you are due, Dan Street an experienced personal injury lawyer will be happy to discuss your case with you with no fee until your case is won.

Fracking

Fracking: A New Frontier For Law

Hydraulic Fracturing or “Fracking”

In the past decade, the growth of the practice known as hydraulic fracturing (or “fracking”) has exploded. Fracking is used to drive natural gas out of formations of shale rock, and many see it as an important way to meet our nation’s future energy needs. However, for every fan of fracking, there is an opponent, and it remains to be seen how the law in the area will develop.

Many of the complaints about fracking are based on how it is done. The technique involves drill­ ing a deep hole into a formation of shale rock.   A large amount of water, mixed with a smaller amount of sand and chemicals, is then pumped down the hole at very high pressure. This mixture of pressurized water, sand, and chemicals opens up fissures in the shale from which the trapped natu­ral gas can escape and be captured for use.

Shale formations are common throughout the United States, with at least 36 states boasting enough shale to make fracking economi­cally viable.

Barnett  Shale Formation

Here in Texas, the largest shale formation is the Barnett  Shale formation, in the north-central part of the state.

Moreover, advances in direc­tional drilling (which allow wells to be drilled sideways instead of up and down) have expanded the reach of fracking operations, resulting in their reaching into places where there has never been drilling before. All this fracking has led to many different kinds of lawsuits.

Some are to be expected. Like any industrial operation, fracking can be dangerous, and many of the suits are brought by workers alleg­ ing that they were injured on the job. Others are breach-of-contract lawsuits, brought by property owners who claim that the company that leased the rights to the shale under their property has paid them less than they are owed or has otherwise breached the lease. Some suits allege that the fracking operations are a nuisance, interfering with the property owners’ right to use and enjoy their land without outside interference. However, many suits are based on things unique to fracking.

Some Law Suits Claim

Some of the suits claim that the water/sand/ chemical mixture used in fracking has polluted or even poisoned the groundwater in the area. Property owners claim that they can no longer drink out of their wells and that the value of their land has been reduced because they now have to truck in water for their families to drink.

In A Famous Video

In a famous video (available on YouTube, seen below), one homeowner showed why the water coming out of his sink was undrinkable-when lit, it caught fire. Other property owners claim that they have been exposed to some of the chemicals used in fracking  (either through their drinking water or otherwise) and that this exposure has caused them to suffer personal injuries, mental anguish, or both. Still, others have alleged that fracking operations have disturbed the shale formations in a way that has caused earthquakes.

Unfortunately, these suits are not easy to win. In 2005, the federal government excluded oil and gas companies from both the Safe Drinking Water Act and the Clean Water Act. The effect of this exemption is that the companies most responsible for pollution in many areas cannot be held liable under the laws designed to prevent such pollution, leaving injured land­ owners to proceed under a patch­ work of state environmental laws.

In all cases, the exact mixture of chemicals used in fracking operations is kept hidden from the public,  with gas companies claim­ing that the information is proprie­tary and secret. This can make it hard for those who may have been injured by those chemicals to prove the cause of their injuries.

Fracturing Responsibility and Awareness of Chemicals (FRAC) Act

There is the potential for positive change.  A bill called the Fracturing Responsibility and Awareness of Chemicals (FRAC) Act was first introduced in the Senate in 2009. The bill has been re-introduced several times, the last of which in April 2017. Although it still has not been passed,  if it should be, it will both require energy companies en­gaged in fracking to disclose what chemicals they are using in their operations and close the loopholes that allow them to avoid the re­quirements of the Safe Drinking Water and Clean Water Acts.

Help Is Here

The period of time following an accident is one of confusion and uncertainty. There are many things to take care of Hiring a good lawyer is one of them.

Many times, people don’t know where to go when they need legal help. If you or a loved one has been injured in an accident, call us. We will vigorously represent you and make sure that you are justly compensated for your injuries. That’s our job and you don’t pay if we don’t win your case.

Wrongful Death Lawsuits

Wrongful Death Lawsuits Help Surviving Family Members

What do the following accident and injury scenarios have in com­mon?

  • Automobile Driver Collides with a Pedestrian
  • Medical Doctor Botches a Sur­gery
  • Poorly Designed SUV Rolls Over on the Interstate
  • Customer Is Assaulted in a Poorly Lit Parking Lot

The answer is that any one of these can result in a fatal injury to the victim due to someone else’s negligence. When someone dies as a form of a wrongful death claim as a result of another party’s negli­gence, legally it is known as a “wrongful death.”

Losing A Family Member Is Emotionally Devas­tating

Obviously, losing a family member is emotionally devas­tating. But when the death is related to carelessness on the part of an­other person, then the loss becomes much harder to accept. The death of a person has an IMMEDIATE impact on the family members left behind. In an instant, lives are changed forever. That’s why the law provides a legal remedy for surviving family members in the form of a wrongful death claim. If successful, the family members may be rewarded compensation for:

    • Medical Expenses
    • Funeral Expenses
  • Loss of Future Wages
  • Mental Suffering

It is important to remember that just because a person dies in an accident, the death may not be “wrongful.”  Instead, a wrongful death suit is valid only where someone else causes the person’s death through a wrongful act, neglect, or carelessness. In other words, a suit for a wrongful death should be filed only if the death is caused by the intentional acts or negligence of someone else.

While nothing can replace a lost loved one, a successful wrongful death lawsuit can provide some level of comfort and assurance in the face of uncertainty and grief. No one would trade the life of a family member for a check, no matter how large. However, there are some kinds of losses the law cannot fix, such as death. The damages that can be recovered in a wrongful death suit are intended to make the loss more bearable by compensating the family.

A wrongful death lawsuit is complex, so you need our firm on your side to help you. And remember: If a family waits too long to file a wrongful death suit it may lose the right to file suit at all.

Let Us Help  You

The last thing most people think of after the death of a family member is calling a lawyer, but there are many important reasons to do so. First, we can help you determine if you have a wrongful death claim at all. And, the sooner you contact our firm, the sooner we can work to preserve valuable evidence that will help you win your case.

We can help you negotiate the often complex legal world and arrange for the necessary expert witnesses and others essential to proving your claim. We will work out an arrangement that means you do not have to pay for this expert advice and assistance by the hour.

Please call us if you ever have any questions on these issues. Remem­ber, the better your case, the more likely that an insurance company representative will contact you offering a fraction of what you deserve.

 

Balance Your Checkbook

Balance Your Checkbook

Although no one would argue that balancing your checkbook is a fun way to pass an evening, balancing it every month is important for several reasons.

Bouncing Checks Is Expensive

Banks make much of their profit on bounced check charges and overdraft fees, and these charges and fees keep going up. They can also have a negative effect on your credit rating, making borrowing for everything from a house to a car to a vacation more expensive. Balancing your check­ book every month (and keeping good records of ATM withdrawals, fund transfers, etc.) helps make sure you don’t write checks you can’t cover, saving money.

Mistakes Happen

Although not common, banks sometimes make mistakes on your statement. If you balance your checkbook every month, you can find these mistakes early, when they are easier to correct.

Stop the Bad Guys

Finally, as much as we hate to think about it, fraud and identity theft are on the rise. While rare, it is possible for others to siphon off funds from your bank account without your knowledge. If you go over your records every month, you can discover this kind of problem before you lose too much of your hard-earned money.

We Appreciate You!

Thank you for choosing our Dallas law firm for your legal needs. We hope that you will continue to count on us when you need legal help. We are just a phone call away. We also appreciate the trust that you have placed in us by referring your friends, family, and associates to us for legal services. Thanks!