A 19 year old (college student) by the name of Kendra Lymon was driving through an intersection and was struck by a Bynum Transport truck driver driven by Robert Bohn. Her injuries included brain damage that resulted in a minor speech disorder, bowel and bladder incontinence, cognitive defects, a single fracture, and seizures. Ms. Lymon now requires speech and physical therapy, 24 – hour care for the remainder of her life, and is unable to work. Ms. Lymon and her mother sued the driver as well as his company for $65M. Ms. Lymon’s mother alleged that the trucking company did not provide any training in safety or defensive driving and did not properly enforce safety rules pertaining to hours and rest periods. The plaintiff alleged that Bohn began his shift without properly preparing in taking the mandatory 10 hours of off – duty time after working a 24 – hour shift as a battalion chief at the county firehouse. The defendants proposed that even though Bohn had been off duty at the fire station, no fire emergencies took place therefore he received the proper amount of rest, ruling out fatigue as a factor in the crash. The jury awarded the plaintiff $65M and the defendants have appealed this ruling.
Assessment of H.B. 2012 – Driving Without Insurance Or A Valid Driver’s License
H.B.2012 amended the Transportation Code, Section 521.457 to add that if a person drives with a suspended license and/or without valid insurance that it would be classified as a Class B misdemeanor if shown at trail that, at the time of the offense that the driver of the motor vehicle did not have an established financial responsibility through insurance or a valid license. Such an offense will be escalated to a third – degree felony if at the time of the offense, the person who was operating the motor vehicle did not establish financial responsibility through insurance and a valid driver’s license and caused a serious injury or death to another individual. The bill became valid on September 1, 2009.
Trial Set in Wrongful Death of Wal-Mart Slip and Fall
A trial date has been set in the case against Wal-Mart in the death of a Chadron, Neb., woman.
David Lehman sued the corporation shortly after his wife, Julie, died after falling in the Chadron store. The case, filed in Dawes County District Court was removed to the U.S. District Court, which has scheduled a trial for Feb. 16.
Julie Lehman was in Wal-Mart July 21 with her son, Steffan, 17, when she slipped on a wet floor in the automotive cleaning products aisle on her way to the restroom. Julie received her initial diagnosis and treatment at the Chadron Community Hospital before being flown to Rapid City Regional to have a massive blood clot in her brain surgically removed. Julie never woke up after surgery and died July 27.
Lehman’s lawsuit, filed on his behalf by attorney Monte Neilan, alleges that Wal-Mart either created or failed to prevent a wet, slippery floor through several negligent actions. The papers charge Wal-Mart with failing to have slip-resistant floors, failing to use slip-resistant flooring material, failing to treat/maintain floors with slip-resistant chemicals, failing to monitor/inspect for spills and failing to maintain a clean and dry floor.
The lawsuit also states that Wal-Mart created a condition of danger by displaying liquid on shelves erected over flooring and failed to use “reasonable care” to protect customers such as Julie Lehman.
Assessment of H.B. 537 – The Requirement of Seatbelts While In A Motor Vehicle
Effective as of September 1, 2009, H.B.537 states that all occupants in a motor vehicle must be secured by a safety belt no matter their age or where they are actually seated in the motor vehicle. The Bill further defines the explanation of a passenger vehicle to consist of a passenger van designed to transport 15 or fewer passengers plus the driver. Regarding the use of child passenger safety belts, H.B. 537 removes the existing exemption for third – party Medicaid transportation provisions and prohibits a child under the age of 5 from being carried by a motorcycle operator unless the child is placed in a sidecar that is attached to the motorcycle.
Assessment on H.R. 3088 – The Jeremy Warriner Consumer Protection Act
H.R.3088, also know as The Jeremy Warriner Consumer Protection Act requires the newly fashioned GMC and Chrysler entities to carry insurance and forces them to cover claims for any defective products produced by their former companies. The Federal Trade Commission has petitioned against Chrysler and GMC, warning buyers considering buying any vehicle made by the old Chrysler, that if they are harmed or killed, by an old Chrysler built vehicle that they will have no legal rights against the old or new Chrysler Foundation. This petition against Chrysler and GMC is to force pressure upon Chrysler into being compliant with more legal responsibility.
Assessment on House Bill 55 – Ban on Cellular/Text Use While In A Registered School Zone
House Bill 55 was signed and put into effect in June of 2009 by Governor Rick Perry. This bill strictly prohibits the use of cell phones or text messaging in a registered school zone area. The bill also outlaws the use of a cell phone by a bus driver who is transporting minors. This bill puts into perspective children’s safety and well being. Legislature gave their final approval for this law to be enacted on May 29, 2009. Governor Perry signed the bill on June 19, 2009 and the bill was put into action on September 1, 2009.
TASER Settlement in Austin
Texas Lawyer’s law blog, Tex Parte reports that the elderly woman TASERed by an Austin police officer during a traffic stop has reached a settlement with the county. 72-year old Kathryn Winkfein had initially demanded $135,000 to settle her case and release Travis County from any future claims. County Commissioners voted to counter-offer with $40,000.00., which Ms. Winkfein accepted.
The video of the TASER incident is here.
Car Accidents and Insurance Claims
Car Accidents and Insurance Claims:
Insurance companies spend millions of dollars portraying an image that they are here to help you, but the reality is that the insurance company is in the business of making money and profiting. It is not uncommon to hear that you do not need a lawyer to give you legal advice if you were injured as a result of someone else’s negligence, but the reality is simple, less money the insurance company pays you, the more money they make.
Have you ever thought about WHY INSURANCE COMPANIES HAVE RESERVE ACCOUNTS SET A SIDE FOR EACH ACCIDENT (occurrence)? Why if you have not been paid, the company puts the money aside and automatically calls it due, but does not pay it until months or even years later? What happens to the money that is off the insurance companies’ book, but still in their control? Where does the interest on billions and billions of dollars go? Even better, if the money is due, then why do adjustors play hard ball and try lower the value of your claim?
Simply, this is called creative accounting. Insurance companies have creative way of putting money on the side to hide their profits. At the day’s end, it is all about how much money a big insurance company make does, and in order to create goodwill with all of us and hide their predatory business practices, insurance companies spend millions on TV adverting in order to create a soft, friendly, and neighborly image. Insurance companies have professionals, lawyers, lobbyist, and array of other supporting groups helping them to minimize your damages, your right to recover money for your injuries.
If you have been involved in any kind of traffic accident, whether a car accident, truck accident, or motorcycle accident, you will inevitably have to deal with your insurance company as well as the insurance agents of others involved in the accident. Filing an insurance claim and handling insurance adjusters can be quite a task. We recommend that you hire an attorney to help you, but if you decide to do it on your own, here are some suggestions as what you should do:
