Schechter McElwee Shaffer Harris LLP

Maritime Safety Recommendations on NTSB Wish List

mshaffer@smslegal.com (Blog Author)28051 — Thu, 11 Mar 2010 08:00:00 EST

The National Transportation Safety Board has released Its 2010 Most Wanted List of Federal Safety Improvements. Maritime lawyers will be pleased to know that marine safety finds a special mention on the NTSB list.

The agency has outlined two recommendations for the US Coast Guard with respect to marine safety. The first recommendation has to do with Safety Management Systems (SMS) for domestic vessels. The NTSB is recommending that operators of domestic vessels develop and implement Safety Management Systems to minimize the risks of accidents. This has not featured in earlier NTSB wish lists.

According to the NTSB, the lack of Safety Management Systems on domestic vessels has been a major concern for the agency. The US Coast Guard says it plans to require Safety Management Systems on domestic passenger vessels carrying more than 399 passengers. But the NTSB is not impressed. It wants SMS to be available on all domestic vessels.

The second recommendation has to do with minimizing crew fatigue as a factor in maritime accidents. The federal agency is recommending that the US Coast Guard set strict work hour limits for maritime workers in the same manner that commercial motor vehicle drivers have.

Both the recommendations have a color code of red, which means that they are extremely urgent, and very little progress has been made towards implementing them.

While the NTSB means well, federal safety agencies have not exactly been enthusiastic about implementing the recommendations the agency makes. Just about every federal safety agency charged with ensuring safety of Americans, like the National Highway Traffic Safety Administration, the Federal Motor Carrier Safety Administration and the Federal Aviation Administration, has been extremely slow to take up the recommendations that the NTSB makes, and work on these. A case in point - NTSB recommendations for seatbelts on motor coaches go back decades to the sixties. It's the year 2010. We still don't have mandatory seatbelts on buses.

BP Facing up to $3 Million in Fines in Ohio Refinery Explosion

sburke@smslegal.com (Blog Author)27993 — Wed, 10 Mar 2010 08:00:00 EST

Just months after BP was slapped with a $87.4 million fine for its failure to fix serious safety issues at its Texas City refinery, the oil giant is looking at up to $3 million in fines for violations at its Toledo, Ohio refinery.

The Occupational Safety and Health Administration has announced that it has found dozens of violations at the Ohio refinery. According to Labor Secretary Hilda Solis, BP has "no excuse for taking chances with people's lives." According to an OSHA memo, investigators found safety concerns with pressure relief valves similar to those present at the Texas City refinery, just before the fatal explosion in 2005. That explosion killed 15 BP workers, and injured 180 people.

This is the latest in a series of fines and penalties levied on BP's US operations.

We last reported that BP was fined $87.4 million by OSHA after investigators found that the company had failed to fix problems at the Texas City refinery.
In 2009, the company pleaded guilty to violations of the US Clean Air Act, after a spillage of more than 212,000 gallons of oil on Alaska's North Slope.
Also last year, the company paid $50 million in fines, and pleaded guilty to a criminal violation of the US Clean Air Act in the Texas City Explosion.
All of these are besides the more than $2 billion that the company has paid out to families of victims of the Texas City refinery explosion and the persons injured in that tragedy.

We have acted as Texas refinery explosion lawyers on behalf of some of the victims of the Texas City explosion. BP may insist that OSHA has been unnecessarily harsh by categorizing so many of its violations as "willful violations". The fact however, is what any refinery explosion lawyer familiar with BP and its facilities, will tell you. These facilities have a record of severe safety violations, and failure to correct these issues to keep workers safe. These are not the kind of facilities we would ever wish to work in, and it's unfortunate that a company that makes billions of dollars in profits every year, cannot isolate the resources needed to make its refineries safer for workers.

For more information on your Refinery Explosion issues, please contact us through our web contact form or email us at info@smslegal.com. Someone will receive your email today.

3 Children Killed, 2 Children Seriously Injured in Bastrop County, Texas Crash

sburke@smslegal.com (Blog Author)27941 — Tue, 09 Mar 2010 08:00:00 EST

This past Sunday afternoon, Tiffany Bowman, 30, and Priscilla Gonzalez, 26, were involved in a major car wreck in Bastrop County, Texas. The two mothers were driving with their children, and now shockingly three Houston-area children are dead and two seriously injured.

Bowman allegedly failed to yield, and her 2000 Dodge Caravan, carrying seven people, was broadsided on the passenger side by a 2004 Dodge Ram 1500 truck driven by Michael Scholze, 19, of San Antonio, Texas. Only Gonzalez herself, and Bowman's 1-year-old daughter Apolinar Saldana, were wearing seat belts at the time of the accident. Saldana was in a car seat.

Three of Priscilla Gonzalez's children - Leah Gonzalez, 5; Noel Gonzalez, 8; and Paul Gonzalez, 9 - died at the scene.

Another of Gonzalez's children, Angie Gonzalez, 6, and Bowman's 1-year-old werelisted in critical condition at Dell Children's Medical Center yesterday evening. Angie's aunt spoke out saying that the child is fighting for her life.

Pricilla Gonzalez is hospitalized with a broken back and leg.

Investigators said the teen driver had the right-of-way and was not at fault for the wreck. No citations have been issued and authorities are investigating the case.

Parents of small children, and other who drive them - USE YOUR CHILD RESTRAINTS, SEAT BELTS, CARSEATS, protect these children who have no other way of being protected when on the road. If you want to risk your own life by not following the law and avoiding your seat belt, that is your own choice, but risking the lives of minors is criminal. Please think before you allow any child to ride even a short distance in your vehicle unrestrained.

If you or someone you know has been involved in a Texas Car Wreck, please call SMSH Texas Motor Vehicle Accident Attorneys or email us at info@smslegal.com.

Brazoria Tractor-Trailer Accident Trial: Lawyers Wrangle over Blood Sample Protocols

jharris@smslegal.com (Blog Author)27879 — Mon, 08 Mar 2010 08:00:00 EST

Were blood samples after a fatal truck accident in Angleton, Brazoria County, collected according to protocols? That is the crux of a trial currently on into the death of one person in the accident.

Tractor-trailer driver Ronald Leblanc is on trial in the death of a Danbury man in the accident that occurred in 2008. In September that year, Leblanc was driving an 18-wheeler, allegedly under the influence of cocaine, when he crashed at the massive big into a pickup truck driven by Paul Delcambre. Delcambre died of his injuries. The accident also left a police officer at the scene, Michael Jarmin, seriously injured. Jarmin was in a coma for about a month, and is still recovering from serious injuries he suffered in the crash.

Leblanc's conviction depends on the prosecutor proving that blood samples that were taken from the tractor-trailer driver after the accident, followed protocols. According to witnesses at the scene, the first blood sample from Leblanc was not collected by police till a few days after the accident. A second sample was apparently taken by a medical assistant, who was not a qualified and certified phlebotomist. The prosecutor insists that the medical assistant, who took the second sample, was not certified to perform a blood draw.

Leblanc's defense attorney says that police officers failed to maintain a proper chain of custody after the first sample was drawn. Leblanc himself insists that the accident occurred when he reached down to grab a drink.

A judge now has to decide whether the two blood samples can be admitted as evidence.

The Houston truck accident lawyers at SMSH represent injured victims of tractor-trailer, 18 wheeler and semi truck accidents in Houston, Galveston, Brazoria and around the state of Texas.

28 Maritime Pirates Taken into Custody Today by EU Naval Force

mshaffer@smslegal.com (Blog Author)27797 — Fri, 05 Mar 2010 08:00:00 EST

28 maritime pirates were taken into custody Friday by the European Union Naval Force after failed attacks targeting fishing vessels in the Indian Ocean.

In the first incident, the mission intercepted the a mother ship and two skiffs early Friday in the southern Indian Ocean between the Seycelles and Mombasa, Kenya. This led to the arresting of 11 maritime pirates and confiscation of a rocket launcher, grappling hooks and several fuel barrels that were to be used in pirate attacks.

In the next incident, the maritime pirates attempted an attack on a French fishing vessel near two other fishing boats. The French fishing vessel collided with the pirate vessel and sank it. This incident led to the arrest of six maritime pirates.

In yet a third incident, maritime pirates tried to attack a Spanish fishing vessel, which alerted the EU Naval Force, and air and naval units assisted. This altercation led to the arrest of 11 more pirates.

An increase in pirate attacks is said to be likely over the next few weeks as the monsoon season ends and the ocean becomes clearer.

On Thursday, pirates on two skiffs in the Indian Ocean attacked the Spanish fishing vessel Albacan, firing a rocket-propelled grenade, which exploded on the Albacan's deck and burst into flames, causing only a small fire. Armed guards on the Albacan fired shots at the skiffs and repelled the attack.

We have previously blogged on maritime piracy many times. We represent multiple clients in the Harris County, Texas lawsuits against Maersk related to the pirate attacks on board its vessel the Alabama.

The piracy problem has been atop the headlines for many months, leaving maritime security on everyone's minds. As maritime lawyers, we know that seamen, especially those on vessels in pirate-infested waters continue to be at risk of an attack. Strong security measures need to be undetaken by shipping companies.

Please contact SMSH Partner Dennis McElwee regarding any questions concerning pirate attacks or piracy in general at (800) 282-2122 or via e-mail at info@smslegal.com.

Malacca Strait Tankers at Risk for Terrorism

mshaffer@smslegal.com (Blog Author)27719 — Thu, 04 Mar 2010 08:00:00 EST

Tankers in the Malacca Strait may face terrorist attacks similar to the 2002 suicide attack on the French tanker Limburg. Malaysia and Indonesia announced today that they are stepping up security in the Strait of Malacca pursuant to naval advisories in the area.

The Malacca Strait is one of the world's busiest shipping lanes. The narrow waterway is used by tankers use to carry oil from the Middle East to Japan and China. The strait is only 1.7 miles wide at its narrowest point, which makes it extremely vulnerable to terrorist attacks. The 900-km long (550 miles) Malacca Strait carries about 40% of the world's trade with more than 50,000 merchant ships traveling it each year.

Wire services are quoting the Singapore Shipping Association as saying it has received an advisory from the Singapore Navy Information Fusion Center about "an indication that a terrorist group is planning attacks on oil tankers in the Malacca Strait" and that "this does not preclude possible attacks on other large vessels with dangerous cargo."

Terrorists could possibly use smaller vessels such as dinghies and speedboats to attack oil tankers.

Ships are advised to strengthen onboard security measures, and the Navy recommends that ships add lookouts and lighting, avoid fishing areas and maintain a good speed.

An attack that closed the Strait of Malacca or the Singapore port even temporarily could have a disproportionate impact on global trade. "Maritime attacks offer terrorists an alternate means of causing mass economic destabilization," terrorism risk analyst Peter Chalk.

The possible after-effects of a terror attack could include additional raises in already high maritime insurance rates, shipments of vital commodities being severely disrupted, and a very scary idea of an oil supertanker being commandeered and turned into a floating bomb.

Despite the potential dangers and the very obvious terror warnings, maritime employer show no signs of backing down their travel in this area. A spokeswoman for Japan's Mitsui O.S.K. Lines Ltd, the country's second-biggest shipping firm, said the warning would not cause it to change operations. "I don't think we would change the route. Basically the area is dangerous, so we have been taking precautions."

On October 6, 2002, the Limburg (mentioned above) was carrying 397,000 barrels of crude oil from Iran to Malaysia, and was in the Gulf of Aden off Yemen to pick up another load of oil. While offshore, an explosives-laden dinghy rammed the starboard side of the tanker and detonated. The vessel caught on fire and approximately 90,000 barrels of oil leaked into the Gulf of Aden.One crew member was killed, and 12 other crew members were injured.The damage to the tanker was around $45 million dollars.

The Malacca Strait has suffered from long-term maritime piracy problems as well. For more information on maritime piracy, please contact Dennis McElwee at Schechter, McElwee, Shaffer & Harris, LLP or click on our web site. We have handled international maritime cases, including cases involving injuries on almost every waterway, for over 45 years. If you need more information about issues related to maritime terrorism or maritime piracy, email us at info@smslegal.com.

Maritime Worker Electrocuted: Coast Guard Issues Safety Alert

mshaffer@smslegal.com (Blog Author)27717 — Thu, 04 Mar 2010 08:00:00 EST

The death of a crew member on a bulk carrier from electrocution has spurred the Coast Guard to issue a safety alert. The alert informs shipping companies about the importance of maintaining and repairing electrical systems on vessels to prevent accidents and fatalities.

The accident occurred when the crew member went down into the cargo hold. He was electrocuted when his head came into contact with a broken light fixture. One of his fellow crewmembers came after him into the cargo hold, to look for him. This worker too came into contact with the light fixture, and suffered serious electrical injuries. While the first worker was fatally electrocuted, the second has fortunately survived his injuries.

Investigations revealed that the lamp had been removed from the connector box, and the exposed wires had been covered by electrical tape. No one on the vessel seems to have noticed this dangerous condition. It's also likely that people noticed it and failed to report it or act upon it, until this fatal electrocution. It is extremely unfortunate that one man had to lose his life, and another had to be seriously injured from an electrical hazard that could so easily have been prevented.

The Coast Guard is warning shipping companies to encourage employees to report dangerous electrical hazard conditions on the vessel. Vessel owners must act as soon as they find out about the dangerous condition to ensure that no injuries or fatalities result. Proper inspection, maintenance and repairs of all electrical systems on the vessel are extremely important, because these can not only cause electrocutions and electrical injuries to individual crewmembers, but could also set off fires. This could be disastrous on a ship.

It is horrifying to think that in this day and age of technological advancement; a maritime worker actually gets killed by a broken light fixture that was left carelessly unattended. It seems like there was negligence here, and the seaman's family here, likely have options not just to file a Jones Act claim of negligence, but also a claim of unseaworthiness.

Our maritime lawyers have represented Jones Act seamen in claims for damages resulting from electrical shock. In one case in particular, Dennis McElwee obtained a six-figure settlement for a cook who was electrically shocked, causing him to call and injure his back.

The maritime lawyers at SMSH represent injured freighter and tanker crews, oil rig and offshore workers, cruise ship workers and other maritime workers in Texas and around the country.

Portland, Maine To Host US Largest Oil Spill Response Drill in March 2010

mshaffer@smslegal.com (Blog Author)27643 — Wed, 03 Mar 2010 08:00:00 EST

A major oil-spill response drill will take place off of the Eastern Promenade in Portland, Maine on March 24, 2010. This drill will involve hovering helicopters, Coast Guard boats, Maine Marine Patrol vessels, and as many as 1,000 emergency workers.

The emergency workers will respond to an imaginary collision between a car carrier and an oil tanker in a strong winter storm, marked by frigid temperatures and limited visibility, somewhere 16 miles out in the Gulf of Maine.

The two-day exercise events led by the Coast Guard occur every three years around the country. The drills prepare emergency workers and develop plans to prevent and control oil and chemical spills. Portland, Maine is one of the largest oil-importing ports on the East Coast.

The activities on the water will include Coast Guard members and employees of the state and commercial sectors operating boats, barges and other vessels.

Among the tasks to be understaken, those involved will anchor a network of oil containment booms, test other equipment, and determine if emergency plans will work.

The operation is expected to have a limited effect on marine traffic in the Maine area.

The Coast Guard will broadcast information about the maneuvers on VHF channels 13 and 16 to alert mariners to a safety zone around the maneuvers. Coast Guard officials said there will be no significant effect on ferries, fishing boats or commercial ships.

Instructionals like this are useful in understanding the causes of spills like the recent Texas incident in the Port of Port Arthur that closed the Intercoastal Waterway. This spill was the largest spill in Texas since 1994. If you have questions about the environmental impact of an oil spill, exposure issues related to an oil or chemical spill, or any injury which occurred while working for a maritime employer, please contact SMSH at info@smslegal.com.

New Employee Screening Website Promises Stronger Checks of Truck Drivers, Fewer Accidents

jharris@smslegal.com (Blog Author)27604 — Tue, 02 Mar 2010 08:00:00 EST

Truck accident lawyers will welcome the launch of a new website by the Federal Motor Carrier Safety and Administration that will help trucking companies in Texas, screen truck drivers before hiring them.

The website will contain five years of accident records of truck drivers, and two years of inspection records. When a driver applies for a job, the company can access the website, look at the driver's records and make a safe and informed choice before hiring him. Users will be charged for accessing the records, but registration on the website is free. Both trucking companies as well as job applicants can access these records. Employers will now have access to genuine data before hiring a truck driver.

The American Trucking Associations has been calling for the establishment of a website like this that will allow trucking companies access to driver safety records, for a while now. According to the Federal Motor Carrier Safety Administration, there is strong interest in the trucking industry for a website like this.

As truck accident attorneys in Texas, we're not surprised that the trucking industry has expressed its support for such open access to driver records. This will allow them to hire safe drivers, and weed out unsafe drivers with a bad record from the system.

This isn't the last word in trucking safety, but it is definitely a huge step forward in the hiring of competent and trained drivers. The fewer negligent truckers driving 18-wheelers and tractor-trailers on Texas highways, the safer our motorists.

Right now, the FMCSA does not mandate that all trucking companies must access driver records before hiring a driver. However as Houston truck accident lawyers, we would encourage companies in the state to access the records before making a choice. Not only will it help keep motorists safe, but it would also help trucking companies keep insurance premiums low, and avoid expensive trucking accident litigation.

Email SMSH Trucking Injury Lawyers NOW for information related to your trucking accident issues at info@smslegal.com.

Houston, Texas Motorist Seriously Injured in Monday Morning Crash

sburke@smslegal.com (Blog Author)27504 — Mon, 01 Mar 2010 08:00:00 EST

At least one motorist was seriously injured in a wreck west of downtown Houston, Texas this morning.

A Nissan sedan traveling inbound in the 1600 block of Allen Parkway struck a tree on the rain-slicked road this morning. Police say that the driver hopped a curb and hit an oak tree on the center median.

Firefighters worked to free the victim. Any further information on this accident and the driver's condition are for now unknown.

Last October, noted Houston attorney John O'Quinn and his associate Johnny Lee Cutliff died in a similar wreck and O'Quinn's estate has been sued for wrongful death.

If you have a Houston Car Accident Injury or Death case, please contact our legal team at info@smslegal.com or submit our online contact form.

New Brain, Spine Injury Treatments Give Maritime Injury Victims Hope

mshaffer@smslegal.com (Blog Author)27491 — Mon, 01 Mar 2010 08:00:00 EST

As maritime lawyers, we do spend time tracking new developments in the field of traumatic injury treatment. It's just an extension of what we do, given that we see so many workers left permanently disabled by spine and brain injuries.

This month, we've come across at least two new developments in treatment of these injuries that have given us reason to hope that many injured maritime workers may now have access to better treatment. This month, at a research lab in Philadelphia, scientists are continuing trials into a robotic suit that allows a person, left paralyzed by a spine injury, to walk again. The device was featured on Good Morning America, and includes a body harness and leg supports. A paralyzed victim wears the suit, and computerized sensors help the device take steps. The person can facilitate movement by using crutches. To use the device however, a person will need to have the use of his upper limbs.

Wearing the suit can help a person formerly confined to a wheelchair to walk and climb stairs. He may not be able to indulge in physically strenuous activities, but for someone who is looking at the prospect of life on a wheelchair, being able to walk straight and look into a person's face when they talk, is a gift.

The second fantastic development involves a brain injury therapy. Researchers in Atlanta will begin conducting clinical trials into the benefits of using progesterone hormones in treating a brain injured patient. Progesterone has been found to protect brain cells, and it's believed that injecting the hormone in the first few hours after an injury can help limit the extent of the injury, by preventing inflammation and further destruction. For the treatment to work, it will have to be injected within the first four hours after an injury, and will have to be repeated over a course of four days.

We will be keeping an eye on the trial, as it promises to result in the first breakthrough of its kind in brain injury treatment in decades. Look for more updates here as the trials progress.

We have represented many clients with traumatic brain injuries, including a case in which we obtained a settlement of over $17 Million for an injured seaman in a persistent vegetative state and his family.

The maritime lawyers at SMSH represent injured freighter and tanker crews, oil rig and offshore workers, cruise ship workers and other maritime workers in Texas and around the country.

Atchafalaya Channel Closed Off Post Dredge-Pipeline Accident

mshaffer@smslegal.com (Blog Author)27438 — Sat, 27 Feb 2010 08:00:00 EST

The Coast Guard is continuing investigations into a maritime accident that resulted in a pipeline rupture in the Atchafalaya Channel this week.

The accident that occurred on Wednesday involved a dredge owned by Weeks Marine Inc. The dredge, G.D. Morgan apparently struck a gas pipeline. The collision set off a fire, and some of the crewmembers suffered injuries. The pipeline belonged to Contango Oil and Gas Company. Investigators and pollution control experts were able to cordon off the area. The Coast Guard has cordoned off approximately one mile around the accident site as a safety zone while the pipeline repair goes on.

According to the Coast Guard, this was necessary to warn the public as well as vessels passing through the area, that diving operations to repair the damaged pipeline were going on, and to prevent any further incidents. Vessels needing to cross this area will need permission from the Captain of the Port, Morgan City before they can do so. The channel meanwhile, will be closed off for a period of four hours. Backed up vessel traffic will be allowed to pass through after the channel is opened again for another four hours.

The workers who were injured here, were fortunate. Any incident involving a gas pipeline can be catastrophic and result in explosions, fires and severe burns. We will be following the Coast Guard investigation closely here.

The maritime lawyers at SMSH represent inured victims of maritime accidents, including offshore and oilrig accidents, accidents on commercial fishing vessels and cruise lines, and towboat and dredge accidents around the country.

Two Teenagers Killed in Truck Accident in Brazoria County

jharris@smslegal.com (Blog Author)27387 — Fri, 26 Feb 2010 08:00:00 EST

Every year, approximately 5,000 families have their lives permanently alerted by an accident involving a tractor trailer or semi. Last week, it was a family in Angleton which lost two children to a crash involving these massive vehicles.

The accident occurred at Columbus, about 70 miles from Houston. The two teenagers were on their way to the San Antonio Livestock show where they were due to display a steer. A Peterbilt 18-wheeler crossed the center median, and crashed into the teen's Toyota and another car. The two as well as the person in the second car, a man from Hallettsville, were killed instantly.

Investigations are going on, and so far, there is no indication that alcohol use was a factor in this crash. Our prayers and thoughts are with the family here.

Even as the probe goes on, there are any number of possible causes that will jump out at a Brazoria County truck accident attorney reading this story Momentary loss of control over the big rig, as seems to have happened here, could have been caused by inattention, distraction, lack of concentration, alcohol and drug use, or fatigue. Sometimes, there may be more than one factor that leads to a crash. It will be weeks before we have the results of the investigation here. Meanwhile, an interview with the truck driver should yield some clues.

The Texas truck accident lawyers at Schechter McElwee Shaffer and Harris represent persons injured in truck and semi truck accidents in Houston, Galveston, and Brazoria and across the state of Texas.

Arlington, Texas Tractor-Trailer Crash Kills Two, Critically Injures One

jharris@smslegal.com (Blog Author)27313 — Thu, 25 Feb 2010 08:00:00 EST

Two people were killed Saturday afternoon in an auto crash with a tractor-trailer on Interstate 20 in Texas.

While moving from the highway shoulder onto the highway, the truck collided with their 1999 Oldsmobile Intrigue near State Highway 360.

The Tarrant County medical examiner's officer identified Natalie Aguilar, 18, of Garland, Texas, who died at the scene of the accident. Oscar Zapata of Weatherford, Texas was identified Sunday according to the Tarrant County medical examiner's Web site as a second passenger who was killed in this fatal collision. Zapata, 24 died at an Arlington hospital about an hour after the accident.

The driver of the car, a 21-year-old from Garland, was taken to a Fort Worth hospital where he is listed in critical condition. Arlington police found open beer containers inside the car. No charges had been filed in the case, police said.

The 51-year-old truck driver from Midlothian was not injured.

The traffic deaths were the fourth and fifth in the city this year.

Cases involving tractor trailers involve a much more rigorous investigation, where an experieced Texas Trucking Accident Lawyer would check out the truck driver's driving logs to see if he had driven more than his legally allotted hours, investigate whether the driver of this tractor trailer was distracted while driving, check to see if drugs or alcohol were involved, and many more. Large trucks are involved in 49 accidents a day and in at least one of those accidents each day, a life will end. In most cases, the injured party is an occupant of the smaller car or truck involved in the crash.

We have experience handling many multi-million dollar trucking injury and tractor-trailer death cases in Texas. Contact SMSH at info@smslegal.com or complete the contact form on our web site for more information. We are here to help you get the compensation you deserve.

Austin, Texas Cyclist run over by 18-wheeler

jharris@smslegal.com (Blog Author)27286 — Wed, 24 Feb 2010 08:00:00 EST

A female bicyclist was taken to the hospital Monday with critical injuries after being run over by an 18-wheeler in Northwest Austin, Texas.

The truck clipped the cyclist's wheel and she fell underneath the truck and remained pinned underneath the 18-wheeler. She is alleged to have suffered severe injuries to her legs, and there are reports that at least one of her legs was amputated.

The crash remains under investigation.

This collision was particularly traumatic because of the difference in the size and strength.

18-wheel semi truck accidents are a common cause of permanent catastrophic personal injury accidents in Texas. These big rigs cause serious injuries due to their large size and weight. Trucking accident victims often require immediate medical attention. An experienced large semi truck accident lawyer in Texas who has represented thousands of injured victims can help you through the process of being involved in an accident with a delivery truck, freight truck, cargo truck, or large 18 wheeler.

A victim of an accident like this one, where a truck hit a person, causes many serious injuries. In a heavy truck accident, a victim's head, legs, arms, knees, neck, and spine are most likely to be injured.

If you or someone you care about has been injured or killed in an accident involving a large truck, please let us help you. We can be reached at info@smslegal.com or you can complete our contact form on-line.

Massive Outbreak of Disease on Cruise Liner; 300 Passengers Feared Ill

mshaffer@smslegal.com (Blog Author)27247 — Wed, 24 Feb 2010 08:00:00 EST

The past couple of weeks have had maritime lawyers receiving the kind of cruise news that almost makes us vow never to set foot on a cruise liner ever again. Or at least not till they can raise hygiene and sanitation standards on these vessels.

This week comes the distressing news that 300 passengers on a Celebrity Cruise ship in the Caribbean have fallen ill. USA Today is reporting on an outbreak of a "norovirus like illness" on the Celebrity Mercury that set sail from Charleston on the 15^th of February. Approximately 300 people on the cruise liner or roughly 15 percent of the passengers have fallen sick. According to a Celebrity Cruise spokesperson, the vessel's medical facilities have not been able to handle the large demand for doctor services, and an additional doctor and nurse have now been called in.

By any account, 300 people sick on board a cruise liner is a matter of grave concern, and we will be hoping that the Centers for Disease Control and Prevention takes a serious view of this. Norovirus infections can quickly manifest themselves as diarrhea and vomiting. At the earliest indication, precautions can be taken to limit the spread of the epidemic, and prevent the illness from spreading. Why did this not happen here, we have to wonder.

It was the second time in recent weeks that a Celebrity cruise liner has been in the news for all the wrong reasons. Also this month, seven crew members on a Celebrity cruise line that was docked at Baltimore were sickened by carbon monoxide poisoning. All had to be treated for their injuries, although none of symptoms were reported to be life threatening.

The most tragic cruise-related incident in recent days was the death of a woman aboard the Carnival Ecstasy. The 32-year-old woman's body was found in her room. She has been identified as a resident of Brazoria County. An autopsy has been conducted, and we should have a cause of death soon.

For press contacts on cruise ship toxic exposure or injury, e-mail Stacey Burke at sburke@smslegal.com or for a free evaluation of your case, contact us at info@smslegal.com.

Cosco Busan Operator Fined $10 million in Bay Bridge Accident

mshaffer@smslegal.com (Blog Author)27084 — Mon, 22 Feb 2010 08:00:00 EST

A Hong Kong-based shipping company has been fined $10 million in the Cosco Busan ship collision of 2007. The company, Fleet Management has also been severely reprimanded for its failure to train its officers in safety and navigation procedures.

When the Cosco Busan struck the San Francisco Bay Bridge Francisco, it proved what maritime lawyers always say - that most maritime accidents are entirely preventable, and that pilot and crew errors are often at the bottom these accidents. On the 7^th of November 2007, the vessel struck the Delta Tower of the San Francisco-Oakland Bay Bridge. Fortunately, there was no loss of life and no injuries. But the massive oil spill that resulted contaminated the surrounding waters for miles around.

The crab fishing season had to be postponed for a few weeks while clean up operations went on. The accident resulted in a total of 53,500 gallons of oil being spilled into the after. It cost millions of dollars in clean up operations, and accounted for even more losses in other economic damages.

Investigations later revealed that the pilot John Cota has been piloting the vessel under the influence of prescription drugs. A National Transportation Safety Board probe ultimately blamed the crash on Cota's impaired driving, and the failure of the master to oversee Cota's' performance. Cota later pleaded guilty to 2 misdemeanor charges and was sentenced to 10 years in prison. Now, Fleet Management, the company that operated the vessel has been fined $10 million. The judge has also ordered the company to enhance its employee training processes.

The maritime attorneys at SMSH represent seamen inured add sea, including tanker crews, freighter crews, roustabouts, deckhands, waiters, entertainers and other cruise ship crews, oil rig workers, and up rig workers, commercial fishing vessel crew and other person who qualify for Jones CTA Seaman status.

For more information, please email us at info@smslegal.com.

Railroad Workers With Repetitive Stress Injuries

sburke@smslegal.com (Blog Author)27018 — Sat, 20 Feb 2010 08:00:00 EST

If you are a railroad employee who has suffered a cumulative trauma injury or a lifting injury from your job at a railroad, an "ergonomic study" may determine if you have a personal injury claim. Ergonomics involves changing work tasks themselves to prevent repetitive stress injuries and cumulative trauma injuries from happening. There are two primary ways to work with ergonomics on the job, changing the way work tasks are done and changing the actual tool or the equipment itself.

Cumulative Trauma and/or Repetitive Motion Injury
Railroaders too often deal with forceful repetitive use of their hands and other body parts. At times the repetitive work motions can involve vibrations, awkward positioning, and extreme temperatures. As a result of these ergonomical issues, you may have been a victim of a cumulative trauma disorder and/or a repetitive motion injury, such as carpal tunnel syndrome. The signs of Carpal Tunnel Syndrome include numbness, tingling, pain and/or loss of grip strength causing frequent dropping of things in hands, elbows or arms. For more information from the National Institute of Health on Carpal Tunnel Syndrome, please click here.

If you have repeatedly injured the same body part, subsequently returning to the same railroad job, but have now been told by your doctor that you should no longer do your railroad work, you may have a repetitive motion injury. The two most common types of repetitive motion injuries are tendinitis and bursitis. You will have pain which gets worse with activity and weakness or lack of endurance of that body part.

Workplaces may either take the reactive or proactive approach when applying ergonomics practices. Reactive ergonomics involves corrective action once you already have a problem. Proactive ergonomics involves fixing potential issues before they become problems. Potential solutions in a railroad employment context can be equipment design, task design, or environmental design, changing the devices used by railroad employees, what they do with the equipment, and the actual environment in which they work.

While preventing repetitive injuries saves the company money, a diligent Railroad Injury Lawyer will look to see if a railroad employer has taken the appropriate steps to help prevent the type of injury you have suffered. Ergonomics can reduce employers' costs by improving safety on the job. A thorough nvestigation into the railroad's knowledge is crucial to understanding the value of a railroad injury case.

Schechter, McElwee, Shaffer & Harris, LLP is a personal injury law firm with a long history of representing hundreds of railroad workers in railroad injury cases. Check out our railroad injury case results. Our lawyers hold licenses in Texas, Minnesota, and Colorado, and have handled railroad injury and FELA cases throughout the United States. We provide free initial confidential injury case consultations, so call us toll free at 1-800-282-2122 before giving a statement to anyone with your employer or talking to a railroad claims agent.

Practice of Misclassification Places Workers at Risk

sburke@smslegal.com (Blog Author)26936 — Thu, 18 Feb 2010 08:00:00 EST

Texas work injury attorneys have always been aware of the practice of misclassifying employees as independent contractors to save on costs. However, as the Associated Press is reporting, such unscrupulous practices have become even more popular in a recession.

Employers in Texas and around the country are trying to cuts costs on payroll, and have been wrongly classifying more and more workers as independent contractors. Unfortunately, very often workers are not even aware of the misclassification. When they are injured, they are shocked to find that they are not covered by Texas Workers' Compensation laws, because he has been classified as a contractor.

According to estimates, a business that engages in such dubious misclassification can save as much as 20 percent of payroll costs by such means. In difficult financial times, such practices have become widespread, placing the lives and safety of workers at risk. The Internal Revenue Service is now cracking down hard on such companies.

The Associated Press is reporting on the case of one particular worker, a native of Panama who suffered injuries in a scaffolding accident.. He spoke very little English, and had signed contract papers issued to him by his company. When he called his company about meeting his treatment expenses, he was told bluntly that the company had no responsibilities towards him, because he was a contractor and not a worker. Needless to say, that was the very first time that the worker heard about this misrepresentation.

Many of these workers who find themselves in such situations are low income workers with little education, and very often, little knowledge of their employment status under the law. With the federal government taking a dim view of this situation and cracking down harder on such violators, hopefully the situation for such misclassified workers will change.

The Texas work injury lawyers at SMSH represent injured victims of refinery explosions, chemical exposure, toxic gas leaks, construction accidents and other industrial accidents around the state of Texas.

Texas High School Student Killed By Her School Bus

sburke@smslegal.com (Blog Author)26921 — Thu, 18 Feb 2010 08:00:00 EST

A 15-year-old J.J. Pearce High School student named Anquanete Patterson died yesterday after falling from a moving school bus.

Her bus driver had stopped the bus and demanded that two students who were fighting exit. When the bus driver began to drive away, Ms. Patterson allegedly demanded to get off the bus as well. It is alleged by investigators that she forced the bus doors open, fell to the pavement and was run over by the rear wheels. She unfortunately died before she could be transported to a local hospital.

School bus transportation is one of the most common forms of mass transit in the United States. Millions of school children ride school buses every year. Parents trust the drivers to be careful with their children, and they trust the school district to hire safe drivers. Most school bus accidents happen while the child is on the bus or when the child is entering or exiting the bus and gets hit as a pedestrian. Either way, significant injuries or even fatalities can occur.

School bus accident victims may be entitled to legal damages. The attorneys of Schechter, McElwee, Shaffer & Harris, LLP are ready to fight for you in your school bus accident case anywhere in Texas.

The Texas Board Certified Personal Injury Lawyers of SMSH offer free consultations. To set up your meeting today call us toll-free at 1-800-282-2122 or e-mail us at info@smslegal.com.

Despite OSHA Regulations, Scaffolding Safety Continues to be Elusive

sburke@smslegal.com (Blog Author)26918 — Thu, 18 Feb 2010 08:00:00 EST

For workplace accident lawyers in Texas, it continues to be frustrating that we see workers injured in accidents that shouldn't even be occurring, let alone seriously harming workers. Yet another scaffolding-related construction accident in Texas has left two workers seriously injured.

The accident occurred in Galveston. The two workers were working on renovating a shopping center on FM 517 when the scaffolding they were working on, gave way. One worker plummeted directly to the ground, while the other came down with the scaffolding. The first worker suffered head injuries, while the other sustained injuries to the leg.

According to one of the shop owners at the center, she noticed that the scaffolding was very weak. She had wanted to inform Occupational Safety and Health Administration authorities, but didn't want to get involved in any trouble. As Galveston construction accident lawyers, we were shocked to learn that the scaffolding had been placed on cinder blocks, and bricks. Nether man was wearing a harness at the time of the crash, although we shouldn't be too surprised at this. After all, an employer who can try to save pennies by installing weak, unstable and shaky scaffolding, is hardly going to bother with "luxuries" like harnesses. The callousness didn't end there. Neither of the two workers even wore a hard hat.

If we sound furious at this totally preventable accident and the fact that these two men have been severely injured because of an employer's callousness, it's because we totally are. As construction accident lawyers in Texas, we hope the Occupational Safety and Health Administration decides to make an example of this case.

Contact us at info@smslegal.com for assistance with any questions about your case.

Poor Sleep Linked to More Car Accidents in Teenagers

sburke@smslegal.com (Blog Author)26868 — Wed, 17 Feb 2010 08:00:00 EST

Poor sleep habits are associated with a higher risk of car accidents among teenagers, according to a study in the Feb. 15 issue of the Journal of Clinical Sleep Medicine. In this study, researchers from the University of Bologna in Italy surveyed Italian high school students with a driver's license regarding sleep quality, driving habits, and self-reported car crashes.

The research showed that 19% of students reported poor sleep, 64% reported daytime sleepiness, and 40% reported sleepiness while driving. 24% of students reported at least one car crash (76% of those were male).

"Our results confirm the high prevalence of sleep-related complaints among adolescents and highlight their independent role on self-reported crash risk," the study concludes. "Bad sleep, sleepiness at the wheel, male sex and some unhealthy lifestyle habits increased the risk for car crashes among young drivers."

The more commonly utilized counter-fatigue methods of opening the window, listening to the radio, or drinking caffeine, are short-lasting or useless, according to researchers.

To combat drowsiness, the team recommends that drivers to stop driving immediately, pull over to a safe place and nap for 10 to15 minutes.

Other prior studies have had similar findings. In one study, researchers in Utah found that a disproportionate amount of teenager car crashes were fatal, 19%, and teen drivers wore seatbelts less often than adults, especially when passengers were present.

One recommendation for combatting teen sleep problems and their adverse effects on our roadways is to have later school start times, which has been suggested repeatedly in the United States over the year. Another tip is to not let your child drive before they get their permit and/or to create a parent-teen driving agreement and have your child sign it.

If you need legal assistance with a Greater Houston Area Auto Accident or a Texas Trucking Accident, contact the lawyers of SMSH at info@smslegal.com today.

Two Killed in Multiple Vehicle Crash in Pearland, Texas

sburke@smslegal.com (Blog Author)26864 — Wed, 17 Feb 2010 08:00:00 EST

Early this morning, a double fatal accident occurred on Highway 35 in Pearland, Texas. The crash took place on Highway 35 near Dixie Farm Road just south of Pearland High School. Two fatalities have been confirmed and several others are injured.

One vehicle traveling southbound appears to have crossed over the center line and struck several vehicles, hitting one head-on. A Chevrolet truck burst into flames, trapping the driver, and causing a chain reaction involving five more vehicles.

SkyFOX captured image you see on this blog post of the accident site, showing a white truck crashed in between a crushed unidentifiable vehicle and a burgundy Toyota car in a ditch. Another white truck and a red sport utility vehicle crashed on the highway.

Investigators say nine total vehicles were involved in the accident.

The victims have not been identified at this time.

Emergency officials have closed Highway 35 in both directions.

If you have been injured in a Pearland, Texas automobile accident, auto pedestrian accident or Pearland, Texas motorcycle accident, please contact the lawyers of SMSH at info@smslegal.com or toll-free at (800) 282-2122.

One Person Killed in Truck Accident in Marshall, Texas

jharris@smslegal.com (Blog Author)26830 — Tue, 16 Feb 2010 08:00:00 EST

A woman was killed in a tractor trailer accident on Monday evening on FM Road 31 in Marshall. The 42-year-old woman from Elysian Fields was driving on FM 31, when the International truck crossed into the woman's southbound lane. The tractor trailer struck the woman's car on the left side, killing her instantly. The driver of the truck also suffered leg injuries in the accident.

The Texas Department of Safety is investigating the accident. According to a report by the DPS, the speed limit at the accident scene was 60mph, and roads had been made wet by recent rains.

Truck Accident Investigations Can Be Expensive

Litigation in a tractor trailer crash will include a complete investigation by your Texas truck accident lawyer. There may be a combination of factors that could have caused the accident, and a complete investigation can help isolate the cause of the crash. For instance, truck maintenance and repair records from the company will indicate if malfunctioning parts were responsible for the crash. A look at the driver's log books will indicate the driver's driving schedule and if fatigued could have played a role. The truck wreck itself will have to be investigated to look for clues. Witnesses at the scene will have to be interviewed Trucking experts will have to be called in. There may be the need for other technical experts too.

All of this means that truck accident litigation in Texas is expensive and time consuming. A general accident lawyer will not be able to dedicate the kind of technical, financial and legal resources that an investigation demands. It's important that you hire only a truck accident attorney in Texas who has experience with such cases and can invest the kind of resources necessary for a successful claim.

Carbon Monoxide Poisoning Aboard Celebrity Cruise Ship

mshaffer@smslegal.com (Blog Author)26804 — Tue, 16 Feb 2010 08:00:00 EST

Six people, maybe more, have been sickened by carbon monoxide aboard the cruise ship Celebrity Mercury docked in Baltimore McComas street and have been taken to hospitals. While none of their conditions are life-threatening, carbon monoxide poisoning is very dangerous.

At least one of the seven was a worker on the Celebrity Mercury cruise ship, while many others have been identified as cruise passengers. Some reports indicate that all seven of the injured were crew members aboard the cruise ship headed to Baltimore. The crew members were allegedly poisoned while the ship was in transit.

So far, a hazmat team has been unable to determine exactly where the leak was coming from. One possibility is that it might have been connected to welding being done on board the ship.

Royal Caribbean Cruises Ltd. owns the 12-year-old ocean liner. After this voyage, the 866-foot Celebrity Mercury was scheduled for "repositioning," including repairs and restocking for future trips. The cruise ship has an occupancy of 1,886.

Carbon monoxide poisoning can cause brain damage and death and is the leading cause of accidental poisoning deaths in America. The gas is odorless, tasteless, and colorless and the CDC estimates that CO poisoning kills approximately 500 people a year.

Early symptoms of carbon monoxide poisoning can be headaches, nausea, and fatigue, and prolonged exposure can lead to brain damage and even death. The treatment for carbon monoxide poisoning is high-dose oxygen, usually using a facemask attached to an oxygen bag.

The best on-board protection against CO poinsoning is to install adequate carbon monoxide detectors with an audible alarm that will beep loudly when the sensors detect carbon monoxide.

If you or someone you know has been exposed to carbon monoxide while traveling on board a cruise ship, working on an offshore platform, or serving as a crewmember aboard a vessel in navigation, contact our experienced team of Maritime Lawyers at info@smslegal.com.

Star of Show that Brought a Jones Act Seaman's Life to TV is Dead

mshaffer@smslegal.com (Blog Author)26651 — Fri, 12 Feb 2010 08:00:00 EST

Maritime attorneys are no strangers to the grueling lives of commercial fishing crewmembers. However, those who have no idea how the Alaska king crab lands on their dinner plate, have been entranced by the hit reality TV show, "Deadliest Catch." One of the stars of the show, a real life fishing vessel captain, has died.

Phil Harris, captain of Cornelia Marie, apparently suffered a massive stroke on the 29^th of January when the vessel was in port in Alaska. He had seemed to be making progress and had even begun to show signs of physical improvement. . However, he passed away on Tuesday night. According to the Cornelia Marie website, Harris began the life of a seaman at the tender age of 7. He began working on a crab boat at the age of 17, and then began to operate a fishing vessel when he turned 21.

Many of us watch as the incredibly brave men on these crabbing vessels toil through rough seas, stormy weather and slippery decks, throwing massive and heavy crab pots into the sea, and hauling them back to unload them on the decks. At the end of every show, we thank our lucky stars we aren't working in a job that promises new risks every day. For Captain Harris, as for every seaman we come across, it was the only kind of life he knew, and the only kind he'd ever choose.

Commercial fishing vessels often meet the definition of a Jones Act vessel, and crew members may be eligible for cover under the Jones Act. Injured fishing vessel workers must consult with a Jones Act lawyer to determine their rights.

Crewmember's Body Found After Tugboat Sinks in Port of Houston, Texas

mshaffer@smslegal.com (Blog Author)26628 — Fri, 12 Feb 2010 08:00:00 EST

The body of one crewmember of the tugboat J.R. Nichols was recovered yesterday, the day after the vessel sank near the Sims Bayou turning basin with five men on board. The name of the crewmember has not been released. The search included the Coast Guard and the Houston Police Dive Team.

The 56-foot tugboat owned by Kinder Morgan submerged in the Houston Ship Channel must be raised before it can be determined why it sank this week. The tugboat will be raised no sooner than this weekend, and only then if the weather is acceptable.

Workers from the nearby LyondellBasell refinery helped rescue four crewmembers after the tug Wednesday evening in the Houston Ship Channel. The four crewmembers who were rescued were treated for hypothermia.

The tug's sinking spilled hundreds of gallons of diesel fuel in the Houston Ship Channel, and a stretch of channel still remains closed during operations to recover the tug. The captain of the Port of Houston closed the Houston Ship Channel from the Vopack facility to Sims Bayou in order to conduct the search. Barriers are containing the spill.

For more information on the dangers of working at sea, litigation related to oil spills, or the legislation proecting offshore workers, please contact our press contact Stacey Burke at sburke@smslegal.com or (713) 524-3500. If you have been injured while working for a maritime employer or have questions about your maritime rights, please contact Schechter, McElwee, Shaffer & Harris, LLP today at info@smslegal.com or toll-free at 1-800-282-2122.

One Person Missing in Tugboat Accident in Houston Ship Channel

mshaffer@smslegal.com (Blog Author)26553 — Thu, 11 Feb 2010 08:00:00 EST

The Coast Guard is still looking for one person who remains missing after a tugboat accident in the Houston Ship Channel on Wednesday night. The 56-foot tugboat sank in the channel just before 10:30 pm last night. Four of the people on the tug were rescued, and one crewmember continues to remain missing. The Coast Guard has closed down the channel from the Vopak facility to Sims Bayou to allow search operations to continue.

Investigators are looking at the cause of the tugboat sinking. The four people who were recovered from the water have been taken to the hospital. Preliminary reports seem to suggest that the boat overturned when it was caught in the wake of a large ship.

Tugboat Workers may be Protected under the Jones Act

Tugboat workers are generally included under Jones Act cover. This means they may be eligible for maintenance and cure, claims of negligence and several other rights granted under the Jones Act.

The Jones Act is a body of maritime laws that is designed specifically to protect seamen like tugboat workers who face the risk of injuries at sea. Not every person who works on or around a vessel qualifies as a Jones Act seaman. Qualification under the Act requires that you pass a crucial three-part test for seaman status.

1. You must be assigned to a vessel at the time of the injury.
2. The vessel you were on must be in navigation.
3. You must contribute significantly to the vessel's livelihood or function.

Seems simple enough, right? Yet, these three criteria can present a number of complications when the time comes for a maritime lawyer to prove that you are a Jones Act seaman. For an employer, denying your Jones Act status equals denying your claim, because the Act provides for substantial benefits to be paid to a seaman. That's why it's important that you only consult with a Board Certified Jones Act lawyer to resolve your Jones Act claim.

E-mail us at info@smslegal.com for an immediate response and/or call us at 1-800-282-2122, our phones are answered 24/7.

Dallas Drunk Driver Gets Maximum Sentence for Manslaughter

jharris@smslegal.com (Blog Author)26476 — Tue, 09 Feb 2010 08:00:00 EST

James Giraldo, now 27, is the drunk driver who killed Juliana Rincon-Cuartas while driving the wrong way on the Dallas North Tollway on October 4, 2008. Giraldo had been drinking at a bar and ended up heading north in the southbound lanes of the tollway, ultimately slamming into another car head-on. Rincon-Cuartas was a passenger in that car, and as a result of that impact, she died. Giraldo's blood alcohol level was .18 three hours after the crash.

On Friday he was finally sentenced to 20 years in prison, the maximum penalty possible.

He pled guilty to manslaughter and asked the Dallas County jury for leniency. However, the jury was not very sympathetic considering he was also arrested for DWI last August, while out on bond.

Drunk drivers in Texas threaten the safety of everyone on or near our roads. There is no excuse for drunk driving in Texas or any state. Nationally, more than half a million people are injured in alcohol-related crashes each year. Every 31 minutes, someone dies in an alcohol-related crash.

Drunk driving accidents can cause terrible injuries and wrongful death. The responsible party, the driver who drank and drove, must be held financially accountable for the damages he or she has caused. In many cases, the owner of the car that allowed the drunk to drive the car can also be held responsible as well under a theory of negligent entrustment. Some of the worst automobile accidents are caused by drunk drivers.

If you or your family member are injured by a drunk driver, contact the experienced Houston Drunk Driving Injury Lawyers of SMSH immediately so we can aggressively represent you. Our experienced, aggressive drunk driving injury attorney Jonathan Harris is Texas board certified in personal injury trial law.

18-Wheeler Spills Hydrofluoric Acid on Dallas, Texas Freeway

jharris@smslegal.com (Blog Author)26445 — Tue, 09 Feb 2010 08:00:00 EST

Barrels of hydrofluoric acid spilled inside an 18-wheeler on riding on one of the busiest freeways in Texas on Friday during rush hour.

The acid spill of caused the Texas Department of Transportation to close Interstate 635 in both directions between Texas 289 and Dallas Tollway North while a hazardous-materials team cleaned up the scene.

No injuries were reported, and no reason was determined for the spill.

Hydrofluoric acid is a solution of hydrogen fluoride in water. It is extremely corrosive and difficult to handle, but is a valued source of fluorine. The danger in handling hydrofluoric acid is extreme, as skin saturation is usually painless, yet can be ultimately fatal. High concentrations of hydrofluoric acid will quickly destroy the corneas of the eyes.

In low doses, this acid can merely irritate the eyes, nose and respiratory tract. But once exposure increases, the highly corrosive acid can burn eyes, eat away flesh, and become fatal after prolonged exposure.

The acid is used in a variety of industrial settings, including oil refineries where it's used in the process to make high-octane gas. Environmental activists and the United Steelworkers Union have for months been trying to get refineries to stop using it because it's so dangerous.

If you or someone you know has been exposed to Hydrofluoric Acid or any other chemical irritant while on the job, on a third-party's job site, or during a big rig traffic spill like this one last week in Dallas, Texas, please contact an experienced Texas Chemical Exposure Lawyer. For a free legal consulation by e-mail, contact us at info@smslegal.com or you can call us toll-free 24/7 at 1-800-282-2122.

Inquiry into Offshore Helicopter Safety Centers on Maintenance

mshaffer@smslegal.com (Blog Author)26440 — Tue, 09 Feb 2010 08:00:00 EST

As maritime lawyers, we have been following the inquiry into offshore helicopter safety in Canada, after last year's Newfoundland disaster. The inquiry is now focused on the company that was contracted to transport oil rig workers between the oilfields and shore.

The company Cougar Helicopters, which was represented by several officials at the inquiry, has been facing tough questions about the kind of maintenance activities it carries out. In March 2009, 17 people were killed when a Sikorsky S-92A helicopter owned and operated by Cougar, went down in the ocean. Only one person survived the tragedy.

The inquiry panel asked Cougar officials about the procedures the company follows to comply with recommendations in the Alert Service Bulletins (ASB's) that helicopter manufacturers issue when there is a safety concern. These bulletins typically define the number of days or flight hours within which the repairs and maintenance activities must be performed. Cougar officials have been firm in insisting that they check all ASB's, and order repairs and maintenance work to be completed as quickly as possible.

On January 28^th, Sikorsky had issued an ASB, warning operators that there was a problem with the titanium bolts that fixed the filter bowl assembly to the gearbox. The ASB recommended that the titanium bolts be replaced with steel studs, and recommended a compliance period of 1 year or 1,250 flight hours, whichever came first. Ultimately, the bolts on the ill-fated chopper were not replaced, until after the crash.

The inquiry has heard from the sole survivor of the crash, as well as the families of the victims who died in the accident.

The maritime lawyers at SMSH represent injured offshore workers, workers on semi submersible rigs and jack up rigs, and other types of maritime workers working in the offshore oil and gas drilling and exploration industry.

Could Texas Tractor Trailer Thefts Increase Risk of Accidents?

jharris@smslegal.com (Blog Author)26241 — Fri, 05 Feb 2010 08:00:00 EST

The Wall-Street Journal is reporting an increase in thefts of loaded tractor trailers on America's highways. The problem has reached crisis proportions, and as Houston truck accident lawyers, we are concerned about the ramifications for trucker and motorist safety.

In 2009, truck loads worth $487 million were stolen across the US. That was a staggering increase of 67 percent from the $290 million worth of cargo stolen in 2008. The number of truck roads stolen also last year also increased to 859 from 767 in 2008, and 672 truck loads the previous year.

According to freight security firms, these heist numbers have increased to alarming levels over the past 2 months. Texas seems to be one of the top states in the number of such tractor trailer thefts. The others are California, Florida, Georgia, New Jersey and Illinois. Most of these thefts seem to take place at truck stops, when the driver leaves the truck for a few moments. In most cases, the thieves seem to know what kind of cargo has been loaded on the truck, because they have been tracing the rig right from the time it left the plant.

For Houston truck accident lawyers, there are safety issues that emerge out of this rash of heists. None of the reported incidents of thefts have involved violence and injuries to truckers, but when you're dealing with a bunch of desperate criminals, violence can never be completely ruled out. Consider that many of these thefts are carried out by amateurs, who have very likely not driven too many tractor trailers before, and that these thieves will be in a hurry to escape with the loot, and you have safety concerns for motorists on the highway too.

Contact us today at 1-800-282-2122 or e-mail us at info@smslegal.com.

Texas Driver Facing Drug Charges after Accident

jharris@smslegal.com (Blog Author)26156 — Thu, 04 Feb 2010 08:00:00 EST

A truck driver from Amarillo, Texas, who was involved in a tractor trailer accident in Mississippi, is facing felony drug charges.

The trucker Eugene Lawton III had been involved in an accident on I-20. According to the Mississippi Bureau of Narcotics, a search of his rig after the accident yielded close to 40 pounds of marijuana. Lawton has been arrested, and charged with possession of marijuana with intent to distribute. He was arrested soon after he was released from a local hospital where he received treatment for minor injuries.

Drivers of commercial trucks, semi trucks and tractor trailers are regulated by state and federal laws that are meant to protect motorists from serious accidents involving these massive vehicles. These laws also govern the use of alcohol and drugs by commercial truckers. There have been enough studies to show that long-haul truckers are more susceptible to amphetamine use. These drugs allow long haul truckers to stay awake, thereby enabling them to drive for longer hours.

This is why there are federal regulations in place that prohibit the use of alcohol and drugs by commercial truck drivers. We have no information yet on whether the truck driver in this particular case was actually intoxicated at the time of the crash. A Houston truck accident lawyer would also want to know of the company's' degree of awareness of this truck driver's criminal behavior Part of an employer's duties is to conduct random drug and alcohol testing of the driver. Employers are also required to verify screen drivers not only for drug and alcohol use, but also for a criminal record before hiring them. It's how our laws protect innocent motorists from serious accidents and injuries.

Please e-mail us NOW for a free evaluation of your Texas Trucking Accident case at info@smslegal.com.

Coast Guard Rescues Survivors of Tugboat Accident near Jamaica

mshaffer@smslegal.com (Blog Author)26147 — Thu, 04 Feb 2010 08:00:00 EST

Four crewmembers on a tug boat that sank off the Jamaica coast had a miraculous escape when the Coast Guard managed to reach and rescue them.

The Coast Guard command center in Miami received an EPIRB alert from the tug. The aircrew had been help on its way to help with relief operations in Haiti, when it was dispatched to locate the four crewmembers of the US-flagged tug Betty, clinging to a life craft. The four crew members were then hoisted onto a helicopter. The fifth crewmember of the tug was missing, and the Coast Guard suspended is search operations for him the next day.

There is no information on how the tug boat accident occurred, but it's safe to imagine that the four crew members had a terrifying experience. A major disaster at sea, like a sinking of the vessel, is never something that a seaman is completely prepared for. During an emergency, you need to rely on every ounce of training, to survive. You also rely on the preparedness and experience of the vessel's captains and masters, who have a responsibility to ensure the survival of their crews.

There is much that can be done to ensure a crew's chances of surviving a major disaster at sea.

Training drills must be conducted at regular intervals.
There must be adequate numbers of life saving and firefighting equipment on the vessel.
Equipment must be sufficient for each crewmember, and must fit each crewmember.
Crewmembers must be trained to use this equipment.
Emergency and evacuation processes must be in place, and must be reiterated through training and drills.

The maritime lawyers at Schechter McElwee Shaffer & Harris represent injured tugboat workers, offshore workers, tanker and freighter crews, oil rig and jack up rig crews and fishing vessel crews, in Texas and nationwide. Please contact us at (800) 282-2122 or email us at info@smslegal.com.

UPS Truck Driver from Harris County is Safest Truck Driver in Texas

jharris@smslegal.com (Blog Author)25838 — Thu, 28 Jan 2010 08:00:00 EST

United Parcel Service Inc. inducted a total of 71 truck drivers from Texas into its elite Circle of Honor group this year. The honor is meant to celebrate the accomplishments of truckers who manage to complete 25 years or more without a single accident. With these 71 new members, Texas now has 341 UPS drivers who are in the Circle of Honor.

As Houston truck accident lawyers and safety advocates, we were especially thrilled to note that the state's safest UPS driver is Spring, Harris County-resident Clarence Kronenberger. Spring is just 20 miles north of Houston, and it's great to see a truck driver in the area who has managed the impressive feat of driving 37 years without notching a single accident.

Worldwide, 928 UPS drivers were inducted in the Circle of Honor this year. It is the largest increase in new honorees in a single year in UPS history. UPS claims that its 102,000 drivers are the safest truck drivers on American roads, driving 3.3 million miles a year, and averaging less than one accident for every one million miles.

In our Texas truck accident lawyer practice, we frequently come across truckers. Sometimes, we come up against them when we hold them responsible for accidents that injure or kill innocent motorists, and other times, we represent truckers who are injured in accidents themselves. We have a high appreciation for the jobs these people do, and we know most of them work diligently to drive safely and keep others safe. That's why it's especially encouraging to note so many new truck drivers in Texas, who have completed the 25-year accident-free benchmark. Completing a quarter century without being involving in a single crash is no minor accomplishment, and we doff our hats to Texas' highly accomplished UPS drivers.

If you or someone you care about have been hurt in an accident involving a commercial truck, commercial vehicle, semi rig, 18 wheeler, or other large truck anywhere in the State of Texas, please contact us at 1-800-282-2122 or e-mail us at info@smslegal.com.

Fishing Boat Trawling for Prawns Collides with Large Cargo Ship Near Scotland

mshaffer@smslegal.com (Blog Author)25831 — Thu, 28 Jan 2010 08:00:00 EST

Fishing boat Spes Bona V's crewmembers escaped after colliding with a cargo vessel off the Isle of Arran, the seventh largest Scottish island. Four crew members were serving on board the fishing boat when it was hit.

The fishing boat was trawling for prawns when it was struck by a cargo ship "Leeswig" which was loaded with scrap from Glasgow on its way to Seville, Spain to deliver the cargo. The smaller boat suffered property damage but no personal injuries were reported.

Even with altering its course and showing its lights to indicate that change, the Leeswig still smashed into the small fishing vessel.

The vessel's co-owner said that the portion of his vessel which tows nets was badly damaged, but that most of the vessel damage occurred thankfully above the water line.

The Marine Accident Investigation Branch will carry out an investigation.

The fishermen of the United Kingdom should be concerned about the growing number of cargo vessels using well-known fishing grounds for traveling routes. In the past two weeks one fishing vessel took on on water and another ran aground.

Contact us at info@smslegal.com or toll-free at (800) 282-2122 for free information about maritime injury law, longshore claims or maritime piracy issues. If you think you may have a maritime law claim, please call us. We are a maritime law firm and we will confidentially speak with you about your injury and answer your questions about maritime law. No matter where you live, SMSH can help you get the help you need.

North Sea Offshore Rig Evacuated after Supply Ship Accident

mshaffer@smslegal.com (Blog Author)25824 — Thu, 28 Jan 2010 08:00:00 EST

The crewmembers of a semi submersible drilling rig in the North Sea had a terrifying few moments last week, when a disabled supply ship drifted up against the rig. The crewmembers of the drilling rig "Songa Dee" had to be evacuated after the 3,325 dwt "MV Far Grimshaders" suffered an engine failure while working close to the semi submersible rig. The supply vessel drifted against the rig. However, there were no injuries. The 50 seamen on the rig were evacuated to platforms nearby and back on the shore.

Marathon Oil Corporation which operates the rig, had to shut down operations at the Volund oil field in the Norwegian section of the North Sea. According to the company, one of the 8 platform legs was damaged. The supply vessel has since been towed to shore.

Oil rig workers who work on floating platforms and maritime lawyers will tell you that such accidents actually should never happen. There is no reason for a collision involving a rig and a supply vessel. There are enough technological aids and navigational devices to prevent such potentially dangerous equipment.

Work on a rig, whether a semisubmersible rig or jack up rig, is easily the most dangerous work in the world. Forbes magazine confirmed as much recently when it carried a report that showed that roustabouts on an oilrig have the worst jobs in the world. Those of us who have the luxury of living in comfort and safety onshore, may be able to get away with calling the lives of rig workers the worst in the world, but for the men who work on these platforms, every moment is filled with danger. Unseen and unknown hazards lurk everywhere. Rough seas, high tides, stormy weather conditions, fatigue, tiredness, miscellaneous accidents - oilrig workers face these everyday with little complaint.

If you or someone you know has questions or needs advice about an injury that occurred offshore, please call upon the 45+ years of experience of our maritime trial lawyers. We can be reached toll-free at 1-800-282-2122 or via e-mail at info@smslegal.com.

Shipping Group Calls for Strong Action Against Piracy

mshaffer@smslegal.com (Blog Author)25787 — Wed, 27 Jan 2010 08:00:00 EST

As maritime lawyers, we are representing some of the crew members of the Maersk Alabama after the pirate attack last year. A shipping group is now calling for stronger action against piracy in the Indian Ocean.

The Chamber of Shipping in America says it is "upsetting" that many politicians, both in the US and foreign countries, limit their involvement in the piracy problem to their objections to ransom payments. The CSA says that it is "extraordinary" that nations today seem even less capable in the face of piracy than they were 2 centuries ago. Currently, there are 20 ships being hostage by pirates across the world. These impact more than 200 seamen, and their families. Last year more than 50 ships were attacked by pirates around the Horn of Africa, and more than 1,000 seamen were taken hostage.

Maritime safety experts continue to maintain that detection of possible attacks is the biggest defense against piracy. However, once in an attack is on, outrunning pirate ships and using flares can help minimize damage. Besides, use of water hoses and electric fencing and wire can also help keep pirates off vessels.

The Combined Maritime Forces continue to patrol high risk waters to protect merchant vessels. However, vessels taking part in the maritime task force can only be so effective. They may not be able to rush to the rescue of an attacked ship in time. Therefore, it is advisable that ships have their own protective measures in place to ward off attacks and prevent pirates from taking vessels hostage. Armed security teams have been able to resist attacks in recent weeks. Thwarting an attack is far from impossible. Better preparation, rerouting wherever necessary, and armed preparation can help fob attacks.

It's important for seamen on a vessel attacked by pirates to understand that the attack was far from inevitable, and that they have a right to a safe vessel. The maritime lawyers at SMSH can help seamen with any questions they may have about their Jones Act rights. Contact us at 1-800-282-2122 or email us at info@smslegal.com.

San Antonio Man Killed in Tractor Trailer Accident

jharris@smslegal.com (Blog Author)25692 — Tue, 26 Jan 2010 08:00:00 EST

Speed and driver inattention are being blamed for a fatal Texas truck accident in San Antonio this week. According to My San Antonio, the victim Matthew Whatley had stopped his vehicle on interstate 37, and had flagged down a passing motorist, Urbano Ventura. As Whatley was standing near Ventura's car window, a tractor trailer rig hit the back of Ventura's car, and then struck Whatley. He sustained fatal injuries, and died at the scene of the crash. Ventura was not injured. The San Antonio police cited speed and driver inattention as the reasons for the tractor trailer crashing into the car.

Trucking groups will tell you that the number of fatalities in truck accidents across the country has actually dropped in the past few years. According to the American Trucking Associations, there has been a sharp drop in truck accident fatality rates since the current trucking hour rules took effect. According to Department of Transportation figures, truck accident fatly rates in 2008 dropped to 1.86 per 100 million miles from 2.12 per 100 million miles in 2007. That was a drop of 12.3 percent, and according to the ATA, marks the largest annual drop in fatality rates.

That information is being used by trucking groups to encourage retaining the current hours of service rules for truckers. However, when you consider the fact that an overwhelming majority of truck accidents in Texas and nationwide involve fatalities or serious injuries, you understand that a decline in fatality rates may not really mean much. The truck safety ratio is skewed overwhelmingly in favor of truckers, with the occupants of the smaller vehicle at serious risk of injuries or death.

Meanwhile, the Federal Motor Carrier Safety Administration is currently revising the 11-hour rules for truckers. The agency held one more public listening session in the state of Iowa on the 25^th of January. The sessions were held to invite participation from traffic truck owners, carriers, operators, safety groups, truckers and others who have an interest in truck safety.

The Texas truck accident lawyers at SMSH represent injured victims of truck, tractor trailer and 18 wheeler accidents in and around the state of Texas. Please contact our experienced Texas Trucking Accident Lawyers at 1-800-282-2122 or e-mail us at info@smslegal.com for a free evaluation of your big rig accident case.

Possible Causes of Tanker-Barge Accident off Texas Coast

mshaffer@smslegal.com (Blog Author)25691 — Tue, 26 Jan 2010 08:00:00 EST

A maritime collision between a tanker and a barge off the Texas coast has caused a massive oil spill in the port of Port Arthur. The southbound barge collided with the northbound tanker in the Sabine-Naches waterway near the Valero refinery.

An estimated 450,000 gallons of crude oil was spilled into the sea. The Exxon Mobil chartered tanker was loaded with 570,000 gallons of crude oil, which was being carried to the Beaumont refinery. Fortunately, no tanker crews or barge workers were injured in the accident. The tanker Eagle Otome was left with a huge 15 foot by 8 foot gash in the side of the ship. Soon after the collision, there were fears of the release of hydrogen sulfide. Neighboring areas had to be evacuated for fear of injuries, but the vapors dissipated quickly and the danger blew over. Clean up operations are underway.

Investigations into the accident have begun, but typically maritime collisions occur because of human error. Lack of a proper or competent lookout by the watch keeping crew or bridge team has frequently found to be a factor in such accidents. Other factors in a maritime accident may be navigational errors by captains and errors by crewmembers. However, with modern technological aids and navigational technological devices, the risk of such collisions is markedly reduced. Such collisions don't have to occur. Even a collision at a low speed can be strong enough to throw crewmembers into other crewmembers and materials, or fall overboard. Injuries and fatalities can result.

The maritime attorneys at SMSH represent injured tankermen, cooks, deckhands, welders, electricians and other crew members of tankers or freighters, recover compensation for their injuries.

Corpus Christi, Texas Motorcycle Accident Kills One, Critically Injures Another

sburke@smslegal.com (Blog Author)25681 — Tue, 26 Jan 2010 08:00:00 EST

Friday night, a motorcycle crashed into a truck on the Nueces Bay Causeway, leaving one dead, the motorcycle rider. The accident sent the passenger to the hospital.

Highway 181 Northbound was backed up while police cleared a four-car accident. The highway was down to one lane and traffic was severely backed up. A motorcyclist who allegedly was not paying enough attention and rubber-necking, crashed into the back of a blue pickup truck.

The force of the impact propelled both riders off the bike and onto the road, killing the driver instantly. He was pronounced dead at the scene. The riders were both only identified as being in their thirties. The female passenger is being treated at Spohn Memorial Hospital where she is listed in critical condition.

Neither of the motorcycle's riders were wearing helmets.

We have written about how the repeal of the Texas motorcycle helmet law has led to an increase in fatal traffic accidents involving motorcycles. It seems that almost daily, I find myself reading articles about fatal traffic accidents in Texas where a rider or passenger was killed and happened to not be wearing a helmet. Could wearing a helmet have saved their lives?

Our Texas motorcycle accident lawyers can assist you with injuries sustained in a Texas motorcycle accident. Contact the experienced legal team of motorcycle injury lawyers at Schechter, McElwee, Shaffer and Harris, LLP. We’ll listen to you and help you understand your options. Contact us today at 1-800-282-2122 or at info@smslegal.com.

Deadly New York Truck Explosion on Long Island Expressway

jharris@smslegal.com (Blog Author)25610 — Mon, 25 Jan 2010 08:00:00 EST

A fuel tanker flipped on the Long Island Expressway exploding and killing the driver and melting the expressway itself.

The tanker was trying to avoid a smaller vehicle having car trouble and slowing down, and in trying to maneuver out of the way, the tanker driver lost control of his vehicle and flipped it.

The driver, Mujahid Shah, 57, of Brooklyn, New York reportedly had picked up 12,000 gallons of fuel to deliver to Yaphank, New York and this fuel ignited in the crash.

Firefighters shot foam onto the oily blaze, and sand was spread to contain the fuel, but the heat melted an overhead road sign, which sent metal down across all eight lanes of the highway.

Mr. Shah's truck was operated by Kittery Transport, based out of Maine.

Commercial trucking accidents occur due to a variety of causes. On roadways with many passenger vehicles, commercial trucking accidents often cause serious property damage, life-threatening injuries and even death. If you are injured or a loved one killed in a trucking accident, you need to contact a personal injury attorney who is experienced in trucking accidents as soon as possible. New York Trucking Accidents are unfortunately extremely common. Our experienced legal team has worked on cases involving big rigs, semi trucks, gravel trucks, 18-wheelers, and other large commercial vehicles. We are here to assist you 24/7 with a free evluation of your case. Please contact us at info@smslegal.com or toll-free at (800) 282-2122.

Port Arthur is the Largest Oil Spill in Texas Since 1994

mshaffer@smslegal.com (Blog Author)25608 — Mon, 25 Jan 2010 08:00:00 EST

Crews worked Sunday to protect two sensitive wildlife areas after a crude oil spill shut down parts of a major southeast Texas port.

Plastic walls called booms and oil-sucking skimmer boats were used to protect a lake and a wildlife management area.

This spill was the largest spill in Texas since 1994.

The tide lifted the two ships and they separated shortly after midnight Sunday without more oil being spilled, according to the Coast Guard.

None of the sensitive wildlife areas had been affected, including Keith Lake, a breeding ground for shrimp and other small fish, and the Murphree Wildlife Management Area, housing several endangered species.

A single report of an oil-covered bird has come in thus far, but residents are encouraged to report any sightings of affected wildlife.

The spill was contained in a 2-mile stretch of the Sabine Neches Waterway, which runs along the city of Port Arthur. The area off-limits to ships was extended 18 miles to the Texas Gulf Coast in case of a breach or a wind shift.

The Sabine Neches Waterway is the second-largest in Texas, and right now, it remains unknown when the waterway will reopen.

The tanker involved is owned by AET Tankers, a Malaysian company with offices in Houston, Texas. Right now, it is reported that AET will pay for most of the cleanup.

If you are injured while working offshore, you must consult with an experienced maritime lawyer about your case. Our firm handles cases in all fifty states of the United States and around the world and has done so for over 45 years. We are the expert maritime attorneys at Schechter McElwee Shaffer and Harris, and we represent injured offshore workers. Contact us for a free legal consultation at 1-800-282-2122 or via email at info@smslegal.com.

Marine Distress Signals Save Lives at Sea

mshaffer@smslegal.com (Blog Author)25601 — Mon, 25 Jan 2010 08:00:00 EST

Two fishermen in small fishing boat off the east coast of Iceland capsized. One of them freed a liferaft and fired marine distress signals and handflares, seen on the coast. A lifeboat saved him but the other fisherman sadly died. The death constituted Iceland's only fatal marine accident in the past two years.

Marine Distress Signals can be designed to withstand harsh weather conditions and to operate underwater.

Marine Distress Signals for the Commercial Fishing Industry can include any of the following:

Handflares
Red parachute signal rockets
Dye Marker (of any color)
Manoverboards
Orange smoke signals
EPIRB
Day and night signals
Linethrowers
Personal and compact miniflares
Red Star Shells

A distress signal is an internationally recognized means for obtaining help. The most commonly made method is radio signals, but many times the only option is to display a visually detectable item or illumination, or to make a loud sound.

A distress signal indicates that a person or group of people, ship, vessel, aircraft, or other vehicle is in imminent danger and needs urgent assistance. Distress signals at sea are defined in the International Regulations for Preventing Collisions at Sea and in the International Code of Signals.

Contact us at info@smslegal.com or toll-free at (800) 282-2122 for free information about maritime injury law, longshore claims or maritime piracy issues. If you think you may have a maritime law claim, please call us. We are a maritime law firm and we will confidentially speak with you about your injury and answer your questions about maritime law. No matter where you live, SMSH can help you get the help you need.

Worker Dies in Fall at Houston, Texas refinery

sburke@smslegal.com (Blog Author)25551 — Sun, 24 Jan 2010 08:00:00 EST

A worker died Friday morning at LyondellBasell Industries' Houston, Texas oil refinery after a steep fall. The Lyondell employee's name is being witheld pending notification of his/her family.

Houston police and the U.S. Occupational Safety and Health Administration are investigating the accident.

Structures surrounding where the worker was found are between 80 feet and 100 feet in height.

Our experienced construction and refinery accident lawyers have handled hundreds of cases against Lyondell and companies like it. Even though the nature of refinery jobs may be inherently risky, as an employee or contractor you have the right to work in a safe environment which is the responsibility of the refinery. Only a lawyer experienced in refinery accident litigation can determine the true value of your case.

At SMSH we have over 100 years of combined experience in active litigation of personal injury cases around the world. Our attorneys are experts in the laws and regulations governing the operation of oil refineries. We have extensive knowledge of Chemical Safety Board (CSB) and OSHA regulations, which is crucial when dealing with big oil companies. Put your trust in a firm experienced enough to win the biggest cases.

For assistance with your claims related to a Texas Refinery Accident, please contact SMSH for a free evaluation of your case at (800) 282-2122 or e-mail us at info@smslegal.com

Motorcycle Accident Death in Lewisville, Texas Also Severely Injures Passenger

sburke@smslegal.com (Blog Author)25505 — Fri, 22 Jan 2010 08:00:00 EST

A 22-year-old Lewisville man named Craig Bishop was sadly pronounced dead Thursday night at Medical Center of Lewisville, Texas shortly after after a motorcycle accident in a residential neighborhood. A 19 year-old female passenger on his motorcycle was taken to Parkland Memorial Hospital in Dallas, Texas, for treatment of broken bones and internal injuries.

The crash is still under investigation, although some witnesses have noted the high speed of the motorcycle preceding the crash.

Motorcycle accidents can be tragic and often fatal. The statistics show serious bodily harm and death often result from motor vehicle accidents involving a motorcycle. The lack of a barrier between the motorcycle rider and the road leaves motorcyclists vulnerable. Almost 2/3 of accidents involving a motorcycle and another motor vehicle result from a motorist violating the motorcyclist's right of way. Motorcyclists can be up to 27 times more likely to die in a collision and five times more likely to ger injured than people who ride in cars.

Inexperienced motorcyclists may not know their machine well and exceed the speed limit. New riders are not the only motorcyclists who speed, older experienced riders can also joy-ride or speed to get the thrill of going fast. But, traveling over the speed limit coupled with a slip of the wheel or an unexpected obstacle can lead to an unfortunate consequence for a motorcycle rider.

Texas motorcyclists are protected under Texas motorcycle law that makes negligent drivers responsible and liable for injuries they cause or even a wrongful death. A biker who is involved in a Texas motorcycle accident may obtain compensation for his or her injuries that were caused by the other driver’s negligence. Damages may include payment for pain and suffering, scarring, disfigurement, loss of enjoyment of life, economic loss, and more.

If you sustained an injury in a Texas motorcycle accident and you haven’t contacted a lawyer contact the experienced legal team of Houston motorcycle injury lawyers at Schechter, McElwee, Shaffer and Harris, LLP. We’ll listen to you and help you understand your options. Contact us today at 1-800-282-2122 or at info@smslegal.com.

Towboat Worker Killed after False "All Clear" Signal

mshaffer@smslegal.com (Blog Author)25420 — Thu, 21 Jan 2010 08:00:00 EST

As maritime lawyers, we have seen our share of employers trying to blame accidents and fatalities as being part of the risks of the job. But the fact is that most accidents just don't have to occur. In a tragic example, a towboat crewmember in West Virginia drowned to death when he fell off his towboat after a false "all clear" sign.

The Marathon Oil Corp towboat was at the loading docks, and the crewmembers were untying the towboat from the barges. One of the crewmembers apparently gave the "all clear" signal to indicate that all the lines had been untied. The victim however, noticed that one of the lines was still connected to the barge, and ran to untie it. Just then, the towboat operator put the boat into operation, causing the boat to jerk violently, and knocking the crewmember overboard. The victim was sucked under the towboat, and drowned.

You don't even have to be a maritime lawyer to see what went wrong here. The operator started the towboat apparently earlier than he should have, goaded no doubt by the "all clear" signal by one of the people on the boat. If all procedures had gone according to pan, there was every likelihood the victim wouldn't have fallen off the boat.

The US Coast Guard is continuing its investigation into this tragedy, but from what we have seen so far, it seems that negligence of crewmembers was at play here. That means that there may be grounds for a claim of unseaworthiness. Issues of seaworthiness arise when a vessel is found to have failed to provide a safe environment for a seaman. A safe environment includes competent, trained crewmembers and adequate numbers of crewmembers. Errors by crewmembers can therefore, become the basis for an unseaworthiness claim.

If you are a crewmember of a vessel and you have been hurt on the job, please seek the advice of an experienced maritime attorney about your Jones Act case. Contact us at 1-800-282-2122 or e-mail us at info@smslegal.com for a free evaluation of your case. We handle maritime personal injury cases all over the United States and all over the world and have done so very successfully for over 40 years.

Galveston County Trucking Accident Leaves Texas Mother and Son Dead

sburke@smslegal.com (Blog Author)25366 — Wed, 20 Jan 2010 08:00:00 EST

This morning, a Texas mother and her infant son died after colliding with a semi-truck head-on near Angleton, Texas. Jennifer Lynch, 26, and her 3-month-old son, Aiden Hilburn, died at the scene of the accident, according to Texas Department of Public Safety troopers. Both bodies are being autopsied at the Galveston County Medical Examiner's Office.

While driving on this foggy Wednesday morning, Lynch veered into another lane and hit the driver's side of a semi-truck moving south on the Oyster Creek bridge. While the mother and son were killed by the impact, the semi-truck's driver, Eric Rodgers, 37, of Houston, Texas, was taken to Angleton Danbury Medical Center for his back pain. The disparity in injuries is evidence of the power of the huge semi-trucks we drivers share the road with.

The Texas Highway Department crews cleaned up over 150 gallons of diesel fuel that had spilled out of the semi-truck onto the bridge after Lynch's car opened up one of the truck's fuel tanks in the accident.

Lynch was not wearing her seat belt at the time of the collision. Time and again, our Texas Trucking Accident Lawyers see cases where deaths could have been prevented by proper use of a seatbelt. Additionally, Texas Occupant Restraint Law requires drivers and now ALL passengers to use a seatbelt.

The infant boy's car seat was not pulled tightly enough to be secured in the car. Again, this violates Texas Occupant Restraint Law. The greatest tragedies are when infants and other children rely on their parents for their safety and well-being and those parents or other guardian drivers fail to exercise appropriate caution when installing and/or using a child safety device like a car seat. There are organizations out there dedicated to assisting consumers in the proper installation and use of child safety restraints. Groups like SeatCheck, NHTSA, or your local Department of Public Safety can provide more information.

The cause of the accident is still is under investigation.

The Texas truck accident lawyers at Schechter McElwee Shaffer & Harris represent injured victims of tanker, 18 wheeler, tractor trailer and semi truck accidents around the state of Texas. For more information about our free legal consultations, please email us at info@smslegal.com or call (800) 282-2122.

Texas Motorcycle Helmet Law Repeal Leads to Rise in Deadly Accidents

sburke@smslegal.com (Blog Author)25247 — Tue, 19 Jan 2010 08:00:00 EST

In 1997, Texas repealed its mandatory motorcycle helmet law which required all riders to wear a helmet. The law in Texas since that time only requires motorcyclists under 21 to use a helmet.

A recent study of Texas motorcycle riding, published in the Southern Medical Journal, found that in the seven years after Texas changed its helmet law, Texas motorcycle accident deaths rose by 25%. The Texas Department of Transportation contends that deaths have continued to increase since the study concluded. From 2004 to 2008, Texas motorcycle accident fatalities rose close to 32%.

The Southern Medical Journal study showed a "sudden upward trend" in deadly motorcycle accidents in September 1997, the same month the helmet laws changed. Following the law's implementation, overall motorcycle deaths increased by 30% and deaths per registered motorcycles increased by 15.2%.

According to TXDOT, motorcycle helmet use decreased from 77% in 1996 to 63% in 1997, then to 36% in 1998 and thereafter.

Texas may need to change its motorcycle helmet law, but this study will likely not have any effect on Texas lawmakers. One interpretation of the data is that motorcyclists not wearing helmets is adversely affecting Texas highway safety. Another interpretation is that helmets don't save lives, safe riding does, and the focus on helmets is misplaced. Some riders claim that the real focus needs to be on increased requirements for training of motorcycle riders in their own safety, and all drivers in how to share the roads with cyclists.

Our Texas motorcycle accident lawyers can assist you with injuries sustained in a Texas motorcycle accident. Contact the experienced legal team of motorcycle injury lawyers at Schechter, McElwee, Shaffer and Harris, LLP. We’ll listen to you and help you understand your options. Contact us today at 1-800-282-2122 or at info@smslegal.com.

Florida Casino Boats Looking at Tough Times: Could Maritime Safety be Compromised?

mshaffer@smslegal.com (Blog Author)25035 — Thu, 14 Jan 2010 08:00:00 EST

Florida's gambling ships which were doing brisk business just a couple of years ago, are facing dark times. The recession has cut down people's spending power, and new rules now allow land-based casinos to offer the same games that were available only on gambling boats.

Since Governor Charles Crist allowed land based casinos to offer black jack, baccarat and other games, there has been a reverse flood of patrons from the floating casinos to the land-based ones. The gambling boats have even more concerns in store. Port Canaveral officials have been indicated that in future, these vessels will have to be docked at the Jetty Park. Port officials want to free up space at the Port for additional development. Already two of the gambling ships that had to move to the Jetty Park have shut down operations.

As maritime lawyers, we know the kind of impact the economic downturn has had on the maritime industry. Shipping companies have sailed into troubled financial waters, and cutbacks have been seen in several sectors. We are concerned about how these financial problems will impact the workers on these boats. With no news yet about when the industry will recover, it's highly likely that workers' safety and health will be compromised, as companies scramble to tighten budgets.

Does a Casino Boat Qualify as a Jones Act Vessel?

Casino boats may qualify as Jones Act vessels if they actually move on navigable waters, and are not permanently moored to a dock. Workers on these boats may also qualify as Jones Act seamen, if they meet three basic criteria - they must be assigned to a vessel, the vessel must be in navigation, and the worker must contribute significantly to the mission of the vessel.

In contrast, casino boats that are permanently moored to a dock and are connected to land-based utilities, and where owners and operators don't plan to put them to sail any time soon, may not qualify as Jones Act vessels. One of the primary conditions of the Jones Act is that the vessel that the seamen are assigned to must be in navigation. There has been some debate what the term "navigation" means, but several judicial decisions have gone against workers who were on moored casino boats. Floating casino boats however, would be a different story.

The maritime attorneys at Schechter McElwee Shaffer and Harris represent injured workers on casino boats, freighters, tankers, jack up and semi submersible rigs, cruise liners, and other maritime employees who may qualify as Jones Act seamen. Please contact us at info@smslegal.com with any questions about maritime law, offshore injuries or status as a seaman.

Apache Offshore Platform Fire off Louisiana Coast is Fatal

mshaffer@smslegal.com (Blog Author)25034 — Thu, 14 Jan 2010 08:00:00 EST

An Apache Corporation oil and natural gas platform in the Gulf of Mexico caught on fire, leaving one contract worker dead yesterday. Apache has shut in the wells flowing to the platform off Louisiana and the fire has been extinguished.

The blaze erupted on Houston, Texas-based Apache's East Cameron 2 processing platform, two miles off of the Louisiana coast. The platform processes about 7.7 million cubic feet of gas and 850 barrels of oil per day. It is one of more than 4,000 oil and natural gas platforms in the Gulf of Mexico.

When officials arrived, three men were found in the water and were rescued by a commercial vessel working in the area. The two survivors were 40-year old Joseph Stone from American Fork, Utah and 29-year old Joel Portie from Jennings, Louisiana. They were transported to South Cameron Hospital. The third person pulled from the water was Frank Richard, just 34 years-old, of Mowata, Louisiana. While he was being transported to the hospital, he reportedly stopped breathing on the boat and died. Richard had experience working on offshore platforms, but unfortunately died as a result of injuries he sustained in the offshore platform fire.

The offshore platform sub-contracted employees were provided by Lafayette, Louisiana's Island Operating Company. Islant Operating staffs facilities for various energy companies in the Gulf of Mexico.

While the cause of the blaze remains unknown at this time, the companies involved immediately began investigating environmental issues and safety concerns.

Incidents like this are tragic and generally preventable by instituting the proper safety standards. Schechter, McElwee, Shaffer & Harris, LLP has represented HUNDREDS of contract workers injured on oil and gas platforms. We have been a practice focused on maritime law for over 40 years. Not many firms can claim that type of experience or the results we are able to obtain for our clients. We have relationships with maritime adjusters, defense attorneys, maritime employers and other plaintiff's counsel in every state and internationally. Please contact us for a free evaluation of your offshore platform injury case at 1-800-282-2122 or email us at info@smslegal.com so we can assist you in obtaining the compensation you deserve.

Family of Deceased San Antonio Bicyclist Couple File Wrongful Death Lawsuit

sburke@smslegal.com (Blog Author)25002 — Wed, 13 Jan 2010 08:00:00 EST

The fathers of a San Antonio couple killed in a bicycle accident filed a wrongful-death lawsuit against the motorist Gilbert John Sullaway Jr., 40, on behalf of the couple's 7-year-old daughter, Kylie.

Kylie's parents were killed in October when Sullaway drove his Ford F-150 King Ranch work truck off Texas 16 and hit them while they were riding their tandem bicycle along the highway. The Bruehlers took their safety seriously, and each wore a helmet on the day they died.

The lawsuit also names Sullaway's business, Advanced Detection Security Services Inc., since he was on duty at the time of the incident.

The wreck deeply disturbed San Antonio's cycling community. No traffic citations or criminal charges have been filed against Sullaway. Tiger Woods hits an inanimate object, a tree, going slowly and he gets a ticket, while the driver in this case kills two people and goes unpunished.

The family cited their primary reason for filing a lawsuit as the financial support of the now orphaned Kylie. However, they did say that if it helps the bicycling community and the fight to ban cell phone use while driving, that would be an added plus.

No matter the outcome of this case, this crash has affected Texas cyclists. As personal injury lawyers, we see injuries such as traumatic brain injury, spinal cord damage, broken bones, and others when dealing with cases involving a bicycle versus a motor vehicle, especially a truck. Please use caution when deciding where to ride your bike and what protective gear to wear while you are on it.

For more information about bicycle accidents or wrongful death lawsuits, click here to contact our Texas bicycle accident and injury lawyers!

Gas Leak at Processing Plant in Texas Kills One, Injures Another

mshaffer@smslegal.com (Blog Author)24972 — Wed, 13 Jan 2010 08:00:00 EST

A worker at the Enbridge Inc gas processing plant near Bryans Mill in Texas has been killed after an accidental chemical leak of hydrogen sulphide at the facility. The employee died at the scene of the accident, and at least one other worker was critically injured from the toxic chemical exposure.

Every year, approximately 100,000 people die from exposure to toxic chemicals in the workplace. Not all of these deaths occur immediately after an exposure. Many of these workers suffer long-term health effects from prolonged or excessive exposure to chemicals, ultimately leading to serious illnesses and death.

Exposure to chemicals can happen in any number of ways. A person may inhale toxic gases. Other chemicals may be absorbed through the skin. In fact, when chemicals are absorbed through the skin, a worker may be at a higher risk of injuries or illnesses, because he remains unaware of the exposure.

Typically, focus on industrial safety tends to center on the dangers of exposure to chemicals like benzene. However, there are other toxic chemicals in a workplace, and several of these can be extremely harmful, leaving workers with short term or long term effects on health, ultimately resulting in death. Survivors may be left with

Slower body movements
Tremors
Muscular tics
Mood changes
Nerve damage
Paralysis
Breathing difficulties
Painful and disfiguring skin conditions

Workers injured by toxic chemical exposure in the workplace may not be best served by any personal injury lawyer. Litigation arising from such chemical exposure can be highly complicated, and can involve in-depth knowledge of all laws and statutes relating to chemical exposure.

A Texas chemical exposure lawyer will monitor related claims around the country, to keep abreast of legal developments in this field. He will have access to the kind of scientific experts who will be needed to determine the level of exposure. He will be able to bring in medical experts who can ascertain the kind of damage that has occurred and how this will impact the person's life. Any local auto accident lawyer will not be able to bring these legal, financial and scientific resources to the table, to help you win your claim.

Please contact our team of Texas construction and refinery accident lawyers at 1-800-282-2122 or via e-mail at info@smslegal.com.

Log Truck Driver Killed in Accident in Tyler County, Texas

sburke@smslegal.com (Blog Author)24926 — Tue, 12 Jan 2010 08:00:00 EST

A log truck driver was killed in an accident involving a log truck and a flatbed trailer on US-287 in Tyler County. The accident occurred yesterday morning north of Woodville. Initial investigations indicate that the flatbed trailer driver had stopped at the intersection of FM256. The driver failed to yield the right of way to the log truck, and pulled out into the path of the truck. The resulting collision killed the log truck driver. He has been identified as a 42-year-old man from Chester.

Among the 5,000 or so fatalities that occur every year in truck accidents across the country, several are the truckers themselves. Truck driver fatalities are less frequent than fatalities in smaller vehicles. A trucker may enjoy relative security and safety high up in his cab. A crash has to have a devastating impact for it to cause a trucker death. Very often, truck driver fatalities involve accidents with other 18-wheelers.

In our practice as Texas truck accident attorneys, we frequently come across injured trucking drivers and families of truckers killed in accidents. Over the years, we have found that most truckers are good, solid, hard working people. We have also found them to be not always as aware and informed of their rights as they should be.

Most truckers don't know that there are laws beyond Workers' Compensation that protect them when they are injured. For a severely injured trucker, the realization that his injuries will prevent him from ever driving a rig again can be devastating. These people aren't trained to do other work, and Workers' Compensation payouts out can be painfully negligible.

In any fatal or serious accident involving a truck driver, any of the following parties could be named in a claim.

Other truck or tractor trailer drivers
Other motorists involved in the accident
State agencies responsible for the construction, maintenance and repairs of highways
Other agencies like utility companies

It's important that an injured truck driver speak with a Texas truck accident lawyer to understand his rights after an injury. Similarly, families of deceased truck drivers may also have the right to file a wrongful death claim against responsible parties. Please contact us to find out your rights at 1-800-282-2122 or e-mail us at info@smslegal.com.

What to Bring to Your First Meeting with a Houston Car Accident Lawyer

sburke@smslegal.com (Blog Author)24924 — Tue, 12 Jan 2010 08:00:00 EST

If you have been injured in a car crash, truck wreck, or motorcycle accident in Houston, Texas or a surrounding area, you might be considering making a personal injury claim against the person responsible for your injuries. If so, please know our firm offers free initial consultations either at your home, in our office or at the hospital. While not crucial, it is extremely helpful for those involved in the initial meeting with a Houston car accident lawyer to be prepared. It is never a bad idea to bring with you ALL documents you have regarding the accident, your injury and your medical treatment.

Documents to being can include:

*Notes, photographs or police records related to or from the accident scene
*ALL medical records, bills, or prescriptions (ambulance, hospital, doctors, physical therapy, chiropractor)
*Discharge papers from the emergency room
*Pharmacy receipts
*Insurance information for you and the offending driver including the policy numbers, adjusters contact information, and the actual policy itself if you have it
*Photographs related to your claims including pictures of the vehicles involved, your injuries and the accident site, even if taken with a mobile phone camera - be sure to take photos showing the vehicle damage and resulting physical injuries

If you have e-mailed with an adjuster about your accident or injuries, save those e-mails and bring them in!

The more documents you bring to the initial meeting, the more productive the meeting will be. The attorney will be better able to evaluate your claim and offer you advice on how it is best to proceed.

The Texas Board Certified Personal Injury Lawyers of SMSH offer free consultations. To set up your meeting today call us toll-free at 1-800-282-2122 or e-mail us at info@smslegal.com.

Legally Blind Motorist Kills Motorcycle Rider in Waco, Texas

sburke@smslegal.com (Blog Author)24921 — Tue, 12 Jan 2010 08:00:00 EST

You never know who is out there driving on the road with you. As Houston motorcycle accident attorneys, we see cases where unlicensed drivers, drivers under the influence and distracted drivers cause severe injuries to their fellow drivers. However, this Texas story is in some ways even scarier. The litany of mistakes made in the fatal Waco, Texas motorcycle-vehicle accident is long and sad. A blind driver with an unrestrained infant hit and killed a helmetless motorcycle rider. The death toll could have been much higher.

A 39-year-old Waco, Texas woman has been charged with manslaughter in connection with a fatal traffic accident that killed a motorcyclist. She admitted to police that she is legally blind and should not have been driving. Trena Evette Mitchell surrendered to Waco police and is charged with manslaughter and injury to a child. She was later released on bond.

The blind driver was attempting a left turn and failed to yield the right of way to 45-year-old Richard Craig Schroeder. Her car smashed into Schroeder's 1998 Harley-Davidson motorcyle which he was riding without a helmet. Schroeder, who was carrying toys for charity, was thrown from his bike.

Ms. Mitchell had four children in her car, including a 2-month-old who was not restrained in a car seat and went to the hospital after the wreck. Mitchell has been issued two previous citations for driving without a license. She told police that she did not see the motorcycle coming toward her and did not see any other vehicles.

Schroeder was taken to Hillcrest Baptist Medical Center, where he was pronounced dead about an hour after the wreck.

How was this woman still able to get out on the road and drive? Why were drastic steps not taken to prevent her from driving before this tragic accident? Fellow drivers, especially motorcycle riders, be careful because you never know if another driver can see you out on the road.

Texas motorcyclists are protected under Texas motorcycle law that makes negligent drivers responsible and liable for injuries they cause or even a wrongful death. A biker who is involved in a Texas motorcycle accident may obtain compensation for his or her injuries that were caused by the other driver’s negligence. Damages may include payment for pain and suffering, scarring, disfigurement, loss of enjoyment of life, economic loss, and more.

If you sustained an injury in a Texas motorcycle accident and you haven’t contacted a lawyer contact the experienced legal team of Houston motorcycle injury lawyers at Schechter, McElwee, Shaffer and Harris, LLP. We’ll listen to you and help you understand your options. Contact us today at 1-800-282-2122 or at info@smslegal.com.

When Is a Gambling Vessel Employee Considered a Maritime Worker?

mshaffer@smslegal.com (Blog Author)24868 — Mon, 11 Jan 2010 08:00:00 EST

Today, when I checked in on my Twitter account, I read a post by the CompNewsNetwork that piqued my interest. Their post asks the question: "is an employee of a gambling vessel considered a maritime worker?" Their answer seemed to be a resounding NO. My answer is that it depends, but YES they can be.

The article's focus on the worker herself is misplaced. For this inquiry should really be stated as "is the gambling vessel considered a vessel at all?" The vessel's status will reveal if its workers can be considered Jones Act seamen. If the gambing boat, here a Riverboat Casino, is incapable of movement and intended to be permanently moored then its workers cannot be considered Jones Act seamen or maritime workers. If, however, the vessel is capable of being moved and does in fact move, then yes the workers on board can be Jones Act seamen and if injured, recover damages under federal maritime law.

In the case mentioned, Plaintiff was employed as a table games dealer in the Casino where she was repeatedly bitten by fleas during the course of her employment. Treatment for her adverse reaction to the flea bites allegedly caused a heart attack. The court focused on the riverboat casino being an "indefinitely moored dockside casino with no transportation function or purpose." However, this still leaves room for cases to be maintained under the Jones Act, general maritime law or other suit in admiralty for situations in which the gaming vessel or casino boat is an actual vessel in navigation.

If you are a galley hand, caterer, casino dealer, pit boss, or other crewmember of a riverboat casino, gambling vessel or casino boat, and you have been hurt on the job, please seek the advice of an experienced maritime attorney before assuming you do not have a Jones Act case. Contact us at 1-800-282-2122 or at info@smslegal.com for a free evaluation of your case. We handle maritime personal injury cases all over the United States and all over the world and have done so very successfully for over 40 years.

Why Roustabouts Require Protection Under the Jones Act

mshaffer@smslegal.com (Blog Author)24860 — Mon, 11 Jan 2010 08:00:00 EST

The maritime lawyers at SMSH frequently represent injured roustabouts. These laborers perform some of the most important functions on an oil rig. The functions they perform are often underappreciated, but without these, production on an oilrig would probably grind to a halt. These jobs are typically seen as requiring low skills that involve long hours, strenuous work, and often dangerous conditions. This job which is often described as the lowest level job on an oil rig, has now been named "the worst job in America".

A roustabout's work involves constant loading and unloading activities in often wet conditions. Roustabouts may be asked to pitch in with mechanical jobs and welding. They may spend a lot of time cleaning decks and equipment on the rig. The biggest qualification that you require to become a roustabout is the ability and willingness to undertake strenuous backbreaking hard work. You have to be alert even the midst of 12-hour long days, working 7 days a week.

The young men who are attracted to these jobs are lured by the comparatively higher pay packages for 6 months of work a year. It's only once they begin employment on the rig that they understand that what the higher package is meant to compensate.

These workers are working on large oilrigs hundreds of miles from shore, in what is essentially a confined structure at the mercy of the elements.
When the seas are rough, the rig can sway, causing falls. Falls off a rig can almost certainly end in death.
There are any numbers of accidents that can take place on the rig.
The body can be pushed to the limit by the seemingly never-ending lifting, carrying, hauling, pulling bending, and twisting that seem to go on nonstop on a rig.

If a serious injury makes it impossible to continue work on a rig, a roustabout can quickly find that the benefits package does not last long, and that there is no hope for similar employment again. That's why it's important that injured roustabouts consult with a maritime lawyer to understand all their rights under maritime law.

The maritime attorneys at Schechter McElwee Shaffer and Harris represent injured workers on freighters, tankers, jack up and semi submersible rigs, cruise liners, and other employees who may qualify as Jones Act seamen. Contact us for a free legal consultation at 1-800-282-2122 or via email at info@smslegal.com.

New Maritime Medical Association to Work for Medical Interests of Seaman

mshaffer@smslegal.com (Blog Author)24719 — Fri, 08 Jan 2010 08:00:00 EST

Professional Mariner is reporting on some new developments that are very encouraging to seamen rights advocates and maritime lawyers. It involves the formation of a new organization dedicated to promoting the medical interests of seamen, longshoremen and other port workers, as well as cruise ship passengers.

The organization, called the International Maritime Medical Association (IMMA) will work alongside the International Maritime Health Association, which already includes maritime and port clinics as its members. The IMMA will be a non-profit organization operating from London, and will represent the medical and health interests of the international maritime industry. The IMMA aims to act as a watchdog body looking out for the interests of seafarers, and lobbying for change where it sees fit.

Membership of the IMMA is open to anyone who is interested in seamen and their health and fitness, including port doctors and clinics, hospitals, specialized doctors, pharmacies, companies that supply medical equipment and drugs, as well as whipping companies. IMMA will advise on issues of concern to maritime employers like proper nutrition for crews, immunizations, proper training for the vessel doctor, offshore medical advice, as well as pre-employment medical examinations. As maritime lawyers, we are all for any efforts that promise to look out for the interests of seamen, especially their health and safety on a vessel.

2010 is Year of the Seaman

In more good news for Jones Act seamen, the International Maritime Organization has dedicated 2010 as the Year of the Seafarer. This tribute goes out to the 1.5 million men and who work on the seas. The International Maritime Organization on its website, has posted a heartwarming tribute to the seamen who work in often dangerous and hard conditions to deliver the oil, commodities and other cargo that runs our world. Little attention is paid to the seaman, who deserves more appreciation and recognition.

The maritime attorneys at Schechter McElwee Shaffer and Harris represent injured workers on freighters, tankers, jack up and semi submersible rigs, cruise liners, and other employees who may qualify as Jones Act seamen. SMSH is here to provide you with a free confidential evaluation of your case. Just call us toll-free at (800) 282-2122.

Recent Longshore Decisions

mshaffer@smslegal.com (Blog Author)24715 — Fri, 08 Jan 2010 08:00:00 EST

Topic - Master/member of the crew (seaman)

Butcher v. Superior Offshore Int'l, Inc., No. 09-30211, 2009 WL 4885026 (5th Cir. Dec. 17, 2009)(unpub.).

The Fifth Circuit affirmed Plaintiff was not a Jones Act seaman as his connection to the vessel MAGGIE was not substantial in duration and nature. Plaintiff was a painter/blaster. It was undisputed that all of the painting and blasting work was done on the fixed platform, which is not a vessel. Although Plaintiff performed some tasks on the vessel, these were found to be too minor even though he worked 30% of his time on board the vessel. He was not considered a seaman.

Topic - Outer Continental Shelf Lands Act/OCSLA v. Admiralty v. State Jurisdiction

Grand-Isle Shipyard, Inc. v. Seacor Marine, LLC, 2009 WL 4597975 (5th Cir. 2009)

    A company responsible for repairing and maintaining offshore platforms brought an action against a company responsible for transporting offshore workers, seeking a declaration that it was not obligated to indemnify Seacor in a lawsuit for injuries sustained by Grand Isle's employee aboard a Seacor vessel.  The Fifth Circuit held that: (1) the focus-of-the-contract test determines the situs of the controversy in contract cases under the Outer Continental Shelf Lands Act ("OCSLA"); and (2) adjacent state law, in this case Louisiana, applied as surrogate federal law, thereby rendering the contract's indemnity provision unenforceable.

Topic - Settlements – Res Judicata, Collateral Estoppel, Full Faith & Credit, Election of Remedies

Cooper v. Int'l Offshore Servs., Civil Action No. 09-4816, 2009 WL 5175216 (E.D.La. Dec. 17, 2009).

Plaintiff was injured in the course of his employment with defendants aboard a vessel owned by defendants. The District Court for the Eastern District of Louisiana held that under res judicata, the District Director's formal compensation order approving a Section 8(i) settlement of the plaintiff's LHWCA claim, which by its terms released defendants from "any and all claims" arising out of the injury, precluded Plaintiff's subsequent Section 5(b) claim against defendants as vessel owners. The court noted that an injured maritime worker may bring an action under the LHWCA against his employer for workers compensation, and against an owner for vessel negligence.

Our maritime attorneys represent injured longshoreman, crewmen, offshore rig workers, jack up rig workers, barge and tugboat operators, platform employees, and other maritime workers. Please contact us for a free evaluation of your case at info@smslegal.com or toll-free 24/7 (800) 282-2122.

Driver Dead After Colliding With Big Rig

sburke@smslegal.com (Blog Author)24675 — Thu, 07 Jan 2010 08:00:00 EST

A fatal traffic wreck early this morning forced police to shutdown portions of outbound Interstate 10 in west Houston. A pickup truck driver was killed in a crash on the Katy Freeway near Highway 6.

Drivers of two 18-wheelers had pulled to the side of the road to check on one of the big rigs, when they noticed a pickup truck weaving on the freeway.

The pickup truck crashed into the back of one of the 18-wheelers, killing the driver.

As Texas Big Rig Injury Attorneys, we see all types of accident involving 18-wheelers. Even when at a stop, the trucks are a force to be reckoned with for any other motor vehicle. Texas Trucking Accidents are unfortunately extremely common. Our experienced legal team has worked on cases involving big rigs, semi trucks, gravel trucks, 18-wheelers, and other large commercial vehicles. We are here to assist you 24/7 with a free evluation of your case. Please contact us at info@smslegal.com or toll-free at (800) 282-2122.

Texas Garbage Truck Driver Pleads Guilty in Accident

sburke@smslegal.com (Blog Author)24661 — Thu, 07 Jan 2010 08:00:00 EST

Texas truck accident lawyers frequently come across cases where malfunctioning parts of the truck contributed to an accident. Not so frequent however are cases where a trucker blames the company for a malfunctioning part to claw his way out of a sticky situation. We came across this story in The Courier of Montgomery County in which a garbage truck driver, who blamed malfunctioning brakes for a fatal accident in 2008, has now pleaded guilty.

On September 25^th 2008, the truck driver JR "Jerry" Cruikshank Jr. was driving an Enviro-Waste Systems garbage truck in North County when the truck flipped over. Cruikshank's co-worker Michael Anthony Brown was crushed and killed in the rollover accident. Cruikshank blamed faulty brakes on his truck, which he said malfunctioned when he attempted to slow down the truck. Except in this case, Cruikshank appears to have lied about the brakes.

Those lies were revealed in an investigation by the Texas Department of Public Safety, which found that there was no problem with the brakes. An investigation of the truck history also showed that the vehicle had been through all commercial vehicle inspections. In short, a truck malfunction had nothing to do with the accident. The DPS found Cruickshank's negligent driving and excessive speeds to be the cause of the crash, and criminal charges were filed against him.

As Texas truck accident attorneys we also represent injured truckers in accidents caused by defective truck components, dangerous roads, negligent motorists and other causes. Most truckers we know are hard working, conscientious people who have a high regard for safety. That's why it's unfortunate when we come across like drivers like Cruickshank who are not only negligent, but also fail to accept responsibility for their negligence.

The Texas trucking accident attorneys at Schechter McElwee Shaffer & Harris represent injured victims of truck accidents in and around the state of Texas. For more information about our free legal consultations, please email us at info@smslegal.com or call (800) 282-2122. Contact us at info@smslegal.com today!

Texas Trucking Accident Lawyers Encourage Participation in FMCSA Listening Sessions on HOS Rules

sburke@smslegal.com (Blog Author)24582 — Wed, 06 Jan 2010 08:00:00 EST

In 2009, Texas truck accident lawyers noted a confirmation by the Federal Motor Carrier Safety Administration that it would revise the controversial Hours of Service rules for truck drivers. As part of efforts to revise the rule, the agency is taking a very welcome step - it has announced that it will hold four listening sessions in the month of January to encourage participation from the public, and gain inputs that help formulate new rules.

The venues for three listening sessions have been announced, and the fourth one will be announced soon. As Texas truck accident lawyers, we were pleased to learn that one of these sessions will held in Dallas. The session will be held on January 27^th between 9 am and 5 pm CST at the Hyatt Regency Dallas Fort Worth Airport, Dallas Fort Worth.

Members of the public who are interested in participating in this session are requested to contact:

David Miller

Office of Police Plans and regulations

US Department of Transportation

Federal Motor Carrier Safety Administration (202) 366-5011

The FMCSA has also prepared a list of possible questions that participants are required to go through before they attend the session. There are 11 questions in all, and they relate to rest periods, on duty work hours, use of sleeper berths, and loading and unloading issues.

Ultimately, it's innocent members of the public who suffer when a truck driver who has been driving for 11 hours nonstop dozes off at the wheel, and causes an accident. Texas trucking accident attorneys would encourage members of the public to participate in this session. Driver fatigue is an issue that impacts all of us, and this is a chance to make your voices heard.

Texas Trucking Accidents are unfortunately extremely common. Our experienced legal team has worked on cases involving big rigs, semi trucks, gravel trucks, 18-wheelers, and other large commercial vehicles. We are here to assist you 24/7 with a free evluation of your case. Please contact us at info@smslegal.com or toll-free at (800) 282-2122.

If You Follow Just One Piece of Advice from a Maritime Lawyer, Follow This

mshaffer@smslegal.com (Blog Author)24517 — Tue, 05 Jan 2010 08:00:00 EST

Maritime lawyers will tell you that the biggest frustration in their practice comes when they meet people who have unknowingly and unwittingly signed off all their rights to a claim for a meager settlement from their employer. A recent case illustrates just how important it is that you retain all your rights and not get taken in by the company's sweet talk.

In Mccuiston v. Coastal Catering LLC, Mccuiston worked as a cook on a vessel and suffered serious neck and back injuries in two separate fall accidents. Soon, after he entered into a release of claim agreement with the company, under which he signed off all his future rights to any claim for the grand sum of $2,000.

Mccuiston here was not represented by a maritime lawyer, and in the absence of informed counsel, went ahead and released any rights to a claim. He later went ahead and sued Coastal Catering, Tetra Applied Technologies which operated the vessel, and Southern States Brokerage which owned the vessel. However, Coastal moved for summary judgment, claiming that Mccuiston had not only settled his claim with the company, but had also withheld important information about previous back, leg and knee injuries.

As maritime lawyers, we can't stress the following enough:

1. Never sign of any papers that your company shoves under your face after an offshore injury, unless you speak with a maritime attorney and understand all the consequences of doing so.

2. Be upfront and honest about all your previous injuries and any preexisting medical conditions when you sign up for employment. Hiding prior injuries can weaken your claim. It doesn't make you look great in the eyes of a jury if they hear that you have lied or you have forgotten to mention previous medical conditions.

Contact us at info@smslegal.com or toll-free at (800) 282-2122 for free information about maritime injury law, longshore claims or maritime piracy. If you think you may have an offshore injury case, contact a maritime law firm. We will confidentially speak with you about your injury and answer your questions about maritime law. No matter where you live, SMSH can help you get the help you need.

Child Killed in Texas Auto Pedestrian Accident

sburke@smslegal.com (Blog Author)24515 — Tue, 05 Jan 2010 08:00:00 EST

5-year-old Christopher Kayden Roedel was killed in a car-pedestrian accident late last month. The child was hit by a Ford F-250 as he was running across the street. He was pronounced dead at the scene.

Streetlights at the intersection were not working at the time of the accident darkening the streets and sidewalks where Roedel was hit.

Lights broken or working improperly can be reported online or be called in to 1-888-313-4747. CPS has removed all other children from the home, this includes four boys, one of them a newborn.

Charges were not filed against the driver of the truck, Cesar Ortega.

An estimated 6,000 people are killed and 90,000 are injured each year in accidents involving pedestrians, about one-seventh of all traffic-related deaths.

Children, who are less careful, are most at risk. If a loved one has died in a car-pedestrian accident, contact a pedestrian accident attorney for help.

Many drivers fail to yield to pedestrian, hitting people in crosswalks, intersections or parking lots. Drivers also may be using alcohol or drugs; dialing, texting or talking on cell phones; and otherwise driving while distracted.

Drivers striking pedestrians may drive cars, trucks, taxies, buses or motorcycles, and many are hit-and-run. Poor visibility contributes, and even moreso at this time of year due to changes in Daylight Savings Time. Many children also are struck around the time they walk home from school.

If a loved one was suffered wrongful death in a pedestrian knock down, contact an experienced pedestrian accident lawyer and seek compensation. A skilled pedestrian accident attorney must prove that a driver's negligence or wrongdoing caused the injury or fatality.

Related Links:
Odessa Police Department

If you have been injured in a Houston, Texas automobile accident, auto pedestrian accident or Houston, Texas motorcycle accident, please contact the lawyers of SMSH at info@smslegal.com or toll-free at (800) 282-2122.

One Dead in Texas Logging Truck Accident

sburke@smslegal.com (Blog Author)24513 — Tue, 05 Jan 2010 08:00:00 EST

A logging truck was killed in an accident Tuesday morning. Evidence indicates he fell asleep at the wheel, ran off the left side of the road, lost control of the vehicle which turned over, he was ejected, pinned underneath the logs, and killed when the big rig crashed near Deweyville, Texas. 66 year-old James Ashworth of Singer, Louisiana was identified as the driver of the large truck pulling a Fontaine trailer full of logs.

This particular curve in the road of Highway 87 requires drivers to pay attention. Authorities said there have been at least three other accidents on the curve this year.

We have written on 18-wheeler and big rig driver fatigue numerous times on our blog. The Texas truck accident lawyers at Schechter McElwee Shaffer & Harris represent injured victims of tanker, 18 wheeler, tractor trailer and semi truck accidents around the state of Texas. The Texas trucking accident attorneys at Schechter McElwee Shaffer & Harris represent injured victims of truck accidents in and around the state of Texas. For more information about our free legal consultations, please email us at info@smslegal.com or call (800) 282-2122.

Why You Must Choose a Jones Act Lawyer

mshaffer@smslegal.com (Blog Author)24441 — Mon, 04 Jan 2010 08:00:00 EST

As an employee on a moving platform, boat, barge, oil rig, tanker, container ship, cruise ship, fishing boat, ship, or any other form of offshore vessel, you may be covered by the Merchant Marine Act. Offshore drilling rig employees near or in water can also be covered by this law.

The Merchant Marine Act states that all goods transported via water between US ports must be shipped on US flag ships. These ships must be US-constructed and US citizen-owned, with a crew of US citizens.

If you become injured while working on one of these water vessels, you potentially can maintain a Jones Act case. An experienced Jones Act lawyer, such as the partners of Schechter, McElwee, Shaffer & Harris, LLP, who have practiced maritime injury law for over 40 years, to handle your case. When you begin searching for your maritime lawyer, it is preferrable to choose a lawyer who presently handles multiple maritime causes of action.

An injured seaman should make sure his or her chosen lawyer is well versed in all of the maritime laws, and routinely represents Plaintiffs in these cases. Jones Act and general maritime law cases are extremely different from regular personal injury lawsuits. Your case will benefit from representation by an attorney with knowledge of this specialized area of the law, distinct vocabulary, and relationships with maritime defense lawyers and adjusters.

Please contact our experienced legal team of maritime injury lawyers who take pride in representing Jones Act seamen and other injured offshore workers. SMSH is here to provide you with a free confidential evaluation of your case. Just call us toll-free at (800) 282-2122.

Texas Truck Accident Lawyers Call for Firm Action To Eliminate Driver Fatigue

sburke@smslegal.com (Blog Author)24314 — Thu, 31 Dec 2009 08:00:00 EST

Texas truck accident lawyers have consistently highlighted the need for more efforts to prevent accidents caused by truck driver fatigue. Drowsy drivers are a serious risk not just to the truckers driving these massive vehicles, but also to the motorists who are driving around the truck. A recent truck accident in Newton County is being linked to possible driver fatigue.

The accident involved a logging truck which crashed on highway 87 near Deweyville in Newton County this week. Preliminarily investigations indicate that the accident occurred when the tractor trailer was rounding a corner, and the driver lost control of the rig, causing the truck to flip over. As the truck rolled over, the driver was ejected, and trapped beneath the falling logs. Investigators believe fatigue may have been a factor in the driver's loss of control over his rig.

As Texas truck accident lawyers, we also noted the fact that there had been at least three serious accidents on the exact same curve in 2009. Other truckers have pointed out that the curve seems to come up suddenly without any warning. It makes sense that a sleepy trucker wasn't able to see the curve in time, or react appropriately.

The Texas truck accident attorneys at SMSH have supported mandatory sleep apnea screenings and testing for all drivers. Sleep apnea is a medical condition in which there are pauses in breathing during sleep. These pauses may be very frequent in a single night. As a result, the person is sleep deprived, and very tired and sleepy the following day.

There have been enough studies to show that truckers are at a higher risk for obesity, which is one of the biggest contributing factors for sleep apnea. In the absence of diagnosis for their condition and lack of awareness about this disorder, truckers simply continue to operate these massive vehicles.. When you consider that the fatigued and sleepy operator is in charge of a massive tractor trailer or 18-wheeler that can weigh up to 80,000 pounds, you understand the great risk to the trucker, as well as to other people in the vicinity.

The Texas trucking accident attorneys at Schechter McElwee Shaffer & Harris represent injured victims of truck accidents in and around the state of Texas. For more information about our free legal consultations, please email us at info@smslegal.com or call (800) 282-2122.

Maritime Lawyer-Recommended Read: LA Times Report on Pilot boat Operators

mshaffer@smslegal.com (Blog Author)24252 — Wed, 30 Dec 2009 08:00:00 EST

Apart from maritime lawyers and the workers themselves, few people realize how hard maritime employees, including Jones Act seaman and longshoremen work every day. The Los Angeles Times has a report on the especially tough conditions that pilot boat operators work in.

These pilot boat operators are entrusted with delivering port pilots to and from ships. Pilots are needed to steer cargo vessels before they enter or leave ports, and the pilot boat operators ferry these pilots to the vessel that needs them, and back again. There are no fixed working hours, and operators may be required to ferry pilots at any hour of the day. There may be several trips ferrying pilots (click for photos) to and from the ships, in a day. Job hazards include going out to ferry pilots even in raging storms. Things don't always go as smoothly as planned even in perfect weather, and there may be falls overboard, slip and fall accidents and injuries to operators as well as their passengers.

These jobs involve round the clock duties, especially in busy ports, like Houston, Galveston, Freeport and others around Texas that can see thousands of ships a year. The Port of Houston last year had more than 8,000 vessel calls. On any given day, there may be 50 vessels arriving at or leaving this Port. When you consider how busy these ports are, you get a sense of how hectic the lives of these pilot boat operators can be.

Typically, pilot boat operators may not be assigned to a specific vessel, and so may not qualify for Jones Act seaman status. They are more likely to be covered under the Longshore and Harbor Workers' Compensation Act, but it's best to consult with a maritime lawyer to resolve questions of status.

Contact us at info@smslegal.com or toll-free at (800) 282-2122 for free information about maritime injury law, longshore claims or maritime piracy issues. If you think you may have a maritime law claim, please call us. We are a maritime law firm and we will confidentially speak with you about your injury and answer your questions about maritime law. No matter where you live, SMSH can help you get the help you need.

Speaking out about a Fatal Train-car Collision in North Carolina

mshaffer@smslegal.com (Blog Author)24154 — Tue, 29 Dec 2009 08:00:00 EST

The North Carolina Highway Patrol and the Department of Transportation continue to investigate a fatal train-car collision that took the lives of a young mother and her 5-year-old son, Nicholas Lindsay. The mother drove under the train's crossing arms and her Toyota hit on the tracks by a Norfolk Southern Railroad traincar. The 5 year-old was found about 100 feet up from the accident scene, lying on the side of the tracks.

The father now visits the only survivor of his young family's crash, a baby, at UNC Hospitals. His four-month-old daughter Aven was inside the Toyota but survived the collision. She was pulled from the car by bystanders after the accident. Updates on the child's condition will be posted at http://www.twitter.com/unc_health_care online.

Troopers said all three occupants of the car were properly restrained.

Norfolk Southern has fielded 11 calls in just this past year regarding problems with the crossing. Several local residents said the warning lights and caution bar at this railroad crossing malfunctioned routinely.

Amtrak said none of the 215 passengers on the Carolinian were hurt.

North Carolina ranks among the top 15 states for train collisions because of the number of railroad tracks in the state.

To battle the railroad giants you must have an experienced team of FELA lawyers on your side. If you are serious about your claim you need serious representation. At Schechter McElwee, Shaffer & Harris, L.L.P., we have over 100 years of experience in personal injury law. We have handled the toughest Railroad Injury cases from around the country. If you or a loved one has been involved in an on the job railroad accident, please call (800) 282-2122 today for your free consultation or email us at info@smslegal.com.

Big rig loses tire on I-35, strikes minivan injuring child

sburke@smslegal.com (Blog Author)24142 — Tue, 29 Dec 2009 08:00:00 EST

A freak accident occurred on Interstate 35E in southern Dallas, Texas Friday morning, injuring one child.

A fuel tanker lost one of its front tires, sending the giant tire into the median before it struck at least one vehicle - a minivan, damaging the minivan's passenger window. The southbound tanker lost its tire as it passed the Ledbetter Drive exit in the Red Bird area, WFAA-TV (Channel 8) reported - see video after the click.

A child inside the minivan was transported to a local hospital for treatment of injuries.

The driver of the fuel tanker will not face any charges for the accident.

Texas Trucking Accidents are unfortunately extremely common. Our experienced legal team has worked on cases involving big rigs, semi trucks, gravel trucks, 18-wheelers, and other large commercial vehicles. We are here to assist you 24/7 with a free evluation of your case. Please contact us at info@smslegal.com or toll-free at (800) 282-2122.

Worker Crushed to Death in Tugboat Accident in New Jersey

mshaffer@smslegal.com (Blog Author)24132 — Tue, 29 Dec 2009 08:00:00 EST

A tugboat worker from New York City was killed in a tragic accident on the Hackensack River in New Jersey last week. The deckhand Ricardo Young, was apparently working to tighten the cables between his tugboat and the vessel it was pulling, when he became entangled in some of the cables. He received serious injuries during the entanglement. A crewmember, who went back to check on him, found him unconscious and tangled in the ropes. Crewmembers tried to revive Young, but he never regained consciousness. Young was working for Moran Towing Corporation.

It doesn't make headline news when deckhands are seriously injured or killed while discharging their duties. These crewmembers who perform a variety of jobs on a vessel are at risk for slip and fall accidents, crushing injuries, blunt force trauma injuries and other injuries because of their constant exposure to different type of work environments.

Maritime attorneys will want to know

Was Young was trained to perform the job he was doing at the time of the accident?
Was there any way this accident could have been prevented by having extra crewmembers help him?

These are pertinent questions, and the family of this deckhand deserves to have answers to these.

The work that deckhands do is not seen as specialized, and is frequently underappreciated, except by the workers themselves and their families who know the immense toll the work can take. Deckhands work with heavy equipment that they are constantly hauling around a vessel. The mooring lines can be strong, tense and powerful enough to rip one's arms off. The work can be non-stop.

Work with mooring lines doesn't have to be so hard. Workers unions have been petitioning legislators and maritime companies to use newer technologies to minimize the risks to workers. As maritime lawyers however, we are not surprised that these technical advancements still seem to be a long way from implementation.

Our maritime attorneys represent injured cargo and cruise ship crew members, tanker and freighter crews, offshore rig workers, jack up rig workers, barge and tugboat operators and other maritime workers who qualify for Jones Act seaman status. Please contact us for a free evaluation of your case at info@smslegal.com or toll-free 24/7 (800) 282-2122.

Aldine Bus Driver Indicted in Fatal Accident

sburke@smslegal.com (Blog Author)24073 — Mon, 28 Dec 2009 08:00:00 EST

A former Aldine ISD bus driver accused of running over a student and killing her walked into the Harris county jail Tuesday night to turn herself in. Nellie Cormier has been charged with criminally negligent homicide. She worked for Aldine ISD for several decades before the accident.

15 year-old Alma Meza was knocked over then run over by the bus driven by Cormier and died at the scene.

Cormier was released Tuesday night on a $30,000 bond.

If you or someone you know have been involved in an auto pedestrian accident, a bus accident or other motor vehicle accident in the Greater Houston Area, please contact the Houston Auto Accident Attorneys of Schechter, McElwee, Shaffer & Harris, LLP at info@smslegal.com or 1-800-282-2122.

Jones Act Lawsuits Filed in Sinking of Vessel

mshaffer@smslegal.com (Blog Author)24067 — Mon, 28 Dec 2009 08:00:00 EST

The family members of two crewmembers, who died when the vessel Silver Wings went down in the Gulf of Mexico, have filed Jones Act lawsuits against the employer of their loved ones.

The first lawsuit has been filed by Sandra Williams, the widow of Jerry Martinez Williams, against John Landry Sr. On December 27^th 2007, Williams was working as a seaman aboard the Silver Wings, when it sank about 100 miles off the Louisiana cost. Williams' body was never found, and is presumed to be still in the vessel at the bottom of the sea.

The second lawsuit has been filed by the son of another seaman on the vessel. Walter Morales is the son of William Martinez who died when the vessel went down. In this case too, the body of the dead seaman was never discovered, and is believed to be still entombed in the vessel.

Neither suit specifically states how the vessel sank, but they both claim that the vessel was unseaworthy. The suits allege that the employer failed in his duty to provide a safe work place for his employees.

Just as injured Jones Act workers are able to file personal injury claims against their employer for negligence or claims of unseaworthiness, families of deceased seaman may also be able to bring wrongful death actions against vessel owners and employers. Survivors may be eligible for economic and non economic damages.

Economic damages here include the financial or monetary contributions that the deceased seaman would have made to his dependents, including wife, children or dependent parents, had he lived. However for this, a maritime lawyer must be able to show that the death of the seaman caused his dependents grave financial distress. Family members may also be compensated for non-economic damages like the loss of companionship and affection.

For more information and a free evaluation of your potential offshore injury case, please contact us at (800) 282-2122 or email us at info@smslegal.com.

Christmas Eve Vessel Collision off Cavite Coast Leaves 27 Missing

mshaffer@smslegal.com (Blog Author)24042 — Mon, 28 Dec 2009 08:00:00 EST

A wooden-hulled ferry passenger boat and a steel-hulled fishing vessel collided off of The Philippines. At least 46 passengers were rescued but 27 remain missing.

The passenger boat, MV Kataline V, owned by San Nicolas Line, was carrying at least 73 people when it capsized after colliding with fishing boat Natalia, which was bound for Manila from Palawan. The passenger vessel was headed for Mindoro from Manila.

Search and rescue operations are still ongoing for the the 27 people. The cause of the collision remains unclear. No weather disturbances were reported in the area.

President Macapagal-Arroyo directed the Maritime Industry Authority (Marina) and the Coast Guard to immediately establish the cause of the collision.

Ferries form the backbone of mass transport in the archipelago nation of 92 million people. But overcrowding and lax enforcement have led to frequent disasters. Sea accidents are also common in the archipelago due to poor vessel maintenance.

Last year, The Princess of the Stars ferry sailed into a powerful typhoon in June and tipped over near the coast of Sibuyan islanda, killing more than 800 people on board.

In December 1987, the ferry Dona Paz sank after colliding with a fuel tanker, killing more than 4,341 people in the world's worst peacetime maritime disaster. This Christmas holiday, a Mass was offered this year by families of the victims of the MV Doña Paz and the MV Princess of the Stars at the Baywalk across from the Rajah Soliman Statue in Malate, Manila.

The maritime lawyers at Schechter McElwee Shaffer and Harris represent injured freighter and tanker crews, cruise liner crews, tug boat and barge operators, offshore, semi submersible and jack up rig workers, commercial fishing vessel crews and other workers who meet the definition of a Jones Act seaman. For more information about your case, please email us at info@smslegal.com or call 1-800-282-2122.

NTSB Report Determines Master's Failure Caused Ship Collision

mshaffer@smslegal.com (Blog Author)24039 — Mon, 28 Dec 2009 08:00:00 EST

As maritime lawyers often see, maritime collisions are often traced to crew failures. The National Transportation Safety Board has blamed the failures of the master for the collision of the carrier Orange Sun with the dredge New York in 2008.

On January 24^th last year, the Liberia-registered Orange Sun struck the dredge New York in the Newark Bay in New Jersey. The navigation watch on the Orange Sun included a master, docking pilot, helmsman and second officer. As the carrier neared the dredge, the pilot ordered for the course to be changed and for the speed to be slowed down. However, the helmsman found it hard to keep the vessel steady on course. The master and helmsman tried to correct the vessel's course, including making decisions that the pilot had not ordered. The result was that the ship went directly toward the dredge, and struck it. Fortunately, there were no injuries in the accident. The dredge suffered approximately $6 million in damage, and there was some amount of oil spillage.

The National Transportation Safety Board report has found that the cause of the crash was the failure of the master to communicate properly with his bridge crew, and to inform them and the pilot about the vessel's problems with occasionally veering off course. The NTSB also found that the second officer was at fault in his failure to monitor the helmsman properly.

If the crew members had been aware of the Orange Sun's tendency to sometimes veer off, they would likely have been in a position to keep the vessel on course and prevent a collision. The master placed crewmembers on the vessel at great risk of injuries. It's just another example of how competence of masters, pilots and crewmembers ensure the safety of all on board. Incompetence, errors or failures by one crewmember can mean a disaster at sea, placing the lives of all seamen on board in danger.

Incompetence of Crew Members and Captains can Lead to Claim of Unseaworthiness

Incompetence of a crewmember can be the basis for a claim of unseawortiness. These claims are filed against the owner of the vessel, unlike a Jones Act claim of negligence which is filed against the employer. However, in many cases, the owner and the vessel owner will be the same party. Even in these situations, the two claims will be filed as separate claims, even if they are filed at the same time. Simply put, claims of unseaworthiness offer a Jones Act seaman one more option for recovery of compensation, in addition to his Jones Act claim of negligence.

FAA to Provide Stronger Air Traffic Control Services for Gulf of Mexico Offshore Helicopter Services

mshaffer@smslegal.com (Blog Author)23896 — Wed, 23 Dec 2009 08:00:00 EST

The maritime lawyers at SMSH have been very encouraged by the enhanced capabilities at the Houston Center for Gulf of Mexico Operations. On December 17^th, the Federal Aviation Administration announced that the Houston Center will now have Initial Operating Capability (IOC). This will allow the FAA to offer enhanced air traffic control services in the Gulf of Mexico region to support offshore helicopter flights.

The offshore helicopter industry in the Gulf of Mexico is a highly competitive one with hundreds of flights to and from oil rigs every day, adding up to thousands of flights a year. Over the past four years, offshore helicopter operators in this area, the oil companies that they service, and Helicopter Association International have worked together with the FAA to boost capabilities. These increased capabilities have included the use of ADS-B systems or Automatic Dependent Surveillance-Broadcast systems. These systems allow both pilots and air traffic controllers to control helicopters more precisely. The systems also allow continuous broadcast of aircraft position and another important data to other craft nearby or to ground control operations. Other enhanced air traffic control services at the facility have contributed to better weather reporting systems, as well as voice communications for low attitude helicopter flights.

The new IOC facility is expected to enhance the helicopter operating efficiencies of the 650+ helicopters servicing oil and gas companies in the Gulf. As maritime lawyers who represent oil rig workers injured in these helicopter crashes, offshore helicopter safety and crash prevention systems are always on our minds. While these agencies and operators work together to increase safety for offshore personnel, we will continue to place pressure on these offshore helicopter companies to further enhance their systems and processes, to minimize the risk of crashes.

Contact us at info@smslegal.com or toll-free at (800) 282-2122 for free information about maritime injury law, longshore claims or maritime piracy issues. If you think you may have a maritime law claim, please call us. We are a maritime law firm and we will confidentially speak with you about your injury and answer your questions about maritime law. No matter where you live, SMSH can help you get the help you need.

FMCSA's Gift to Texas Truck Safety Groups, Accident Lawyers

sburke@smslegal.com (Blog Author)23810 — Tue, 22 Dec 2009 08:00:00 EST

Barely a few weeks after a new chief took over at the Federal Motor Carrier Safety Administration, comes a new rule that is an encouraging sign to Texas truck accident attorneys. The rule requires new bus and truck companies to strictly comply with the agency's 16 federal regulations, or risk failing the safety audit that is conducted within 18 months of a new carrier's registration.

These regulations include regular drug and alcohol testing for drivers, using qualified drivers with valid CDL's, conducting periodic inspections and repairs of trucks, using physically fit drivers, and other regulations. New companies that fail to comply with these regulations risk not being eligible for permanent registration of their companies.

Texas has a particularly bad record with truck and bus accidents. The Sherman bus accident that killed 15 Vietnamese American pilgrims when their bus crashed through a guardrail, is still fresh in public memory. The NTSB bus accident report determined that a tire blowout was the main reason for that crash. Texas also has a dubious reputation as the truck accident capital of the country, with more truck crash fatalities being recorded here than in any other state.

These high rates of fatalities and the obvious risk to the motorists who share the highways with these trucks and the passengers who ride these buses, has been a source of concern to Texas truck accident lawyers for a while now. The new rule is definitely the right note on which to end the year. Now, If only 2010 would see the FMCSA mandating on-board recorders and sleep apnea testing for all drivers, and requiring seatbelts on motor coaches, it would truly be a Happy New Year!

Please contact our legal team with any questions about Trucking Accidents in Harris County, Dallas County, Tarrant County, Bexar County, Travis County, El Paso County, Collin County, Hidalgo County, Denton County, and more via email at info@smslegal.com.

Deadly Tanker Accident in Dallas, Texas Kills Truck Driver

sburke@smslegal.com (Blog Author)23805 — Tue, 22 Dec 2009 08:00:00 EST

It's going to be an agonizingly painful Christmas for the family of a tanker truck driver, who was killed in a fiery tanker accident on the Dallas North Tollway Ramp in the early hours last Friday. According to news reports, the tanker truck overturned on the Northbound Dallas Tollway North exit ramp to the eastbound President George Bush Turnpike. The tanker was loaded with diesel fuel, and immediately exploded on impact. The truck driver died at the scene of the crash.

The accident led to the ramp being closed as North Texas Tollway Authority crews assessed the damage to the ramp. Initial investigations found that there was some damage to the bridge deck, a light pole and power feeder lines under the bridge deck. The Texas Department of Public Safety is investigating the accident.

Truck drivers injured in accidents or families of those killed, may have several options for compensation. They may be covered under Texas' Workers' Compensation laws, which allow for a package of benefits to be paid out to an injured worker, or to his family in case of death on the job. However, in case of third party negligence, like an accident caused by reckless or negligent driving by a motorist, these third parties may be named in a wrongful death claim. Construction companies, utility companies and state and county agencies responsible for the maintenance of highways, bridges and tollways may also be named in a truck accident wrongful death claim, if negligence by these parties causes an accident.

It's important for a trucker's family to know that they may have other options, besides Workers' Compensation. Although Workers' Compensation claims do not require you to prove any fault, these payouts generally tend to be low. It's therefore important that injured truckers and families investigate all options to determine if other parties or entities can be named in a claim.

The Texas truck accident lawyers at Schechter McElwee Shaffer & Harris represent injured victims of tanker, 18 wheeler, tractor trailer and semi truck accidents around the state of Texas.

8-year-old Killed in Boat Crash with USCG

mshaffer@smslegal.com (Blog Author)23753 — Mon, 21 Dec 2009 08:00:00 EST

An 8-year-old boy was killed and five adults are in serious condition after a recreational boat collided with a Coast Guard patrol boat in San Diego Bay.

A 33-foot Coast Guard vessel responding to a report of a grounded vessel crashed against the boat carrying 13 passengers just before 6 p.m. The Coast Guard vessel was carrying five people, none of whom were injured.

The recreational boat was in the water during the annual San Diego Bay parade of lights, where many boats with holiday lights travel around the bay. A member of the parade planning committee said he did not believe the boat was a registered participant.

Weather conditions at the time of the accident were reported to be clear with light winds. The cause of the accident is under investigation.

If you need more information about an offshore injury case, contact the experienced legal team of Schechter, McElwee, Shaffer & Harris, LLP at info@smslegal.com. We have handled boating accident claims for over 40 years.

Ship Capsizes off Lebanon Coast

mshaffer@smslegal.com (Blog Author)23752 — Mon, 21 Dec 2009 08:00:00 EST

Panamanian-flagged freighter Danny F II capsized in stormy seas off Lebanon's northern coast while transporting livestock last Thursday. Rescuers are still searching for dozens of people. The freighter had more than 80 people on board.

So far, at least 40 crewmembers have been found alive and two bodies were also recovered.

One of the survivors, a Filipino national, told rescuers that the British captain of the vessel which was heading from Uruguay to the Syrian port of Tartous, had been killed.

"He told us that the ship's engine went down and the captain sounded the alarm and told everyone to jump in the water," a rescue official recounted.

"He said that 10 minutes after they jumped, the ship overturned sideways in very high waves and sank with the captain still on board."

Rescue officials noted rough sea conditions being an impairment to the desperate need to find the survivors quickly because of risk of hypothermia. The waves are as high as three metres (10 feet) and floating dead animals surround the area.

A Lebanese military spokesman told AFP the crew apparently had time to put on their life jackets before the boat capsized.

The ship's operator, Agencia Schandy, told AFP in Montevideo that the Danny F II had a crew of 76 and six passengers - four Uruguayans, one Brazilian and an Australian. The freighter left Montevideo November 23 with about 10,000 sheep and almost 18,000 cattle bound for Tartous, north of Tripoli. All of the animals are presumed lost.

A Togolese-flagged ship also sank off the southern coast of Lebanon last week. Several crew members were rescued by Israel but a number are still missing.

If you think you may have a maritime law claim, please call us at 1-800-282-2122. We are a maritime law firm and we will confidentially speak with you about your injury and answer your questions about maritime law. No matter where you live, SMSH can help you get the help you need.

5 Missing after South Korean Fishing Boat Sinks

mshaffer@smslegal.com (Blog Author)23708 — Sun, 20 Dec 2009 08:00:00 EST

Five crewmembers, three South Koreans and two Indonesians, were reported missing today after a South Korean fishing boat sank in waters off the country's southeast coast. The 129-ton boat, Geumyang, sank shortly after 7 a.m. while operating in waters east of Busan.

Apparently 25 people were aboard the fishing boat when it sank, but thankfully the other 20 crew were rescued by other fishing boats nearby.

Three coast guard ships, backed by a helicopter, from South Korea and three coast guard vessels, including a 3,000-ton ship from Japan, were searching the area for the missing crew. High waves and strong winds hampered the search, the official said, adding that investigations were under way to determine the cause of the accident. Witnesses have said that the boat appeared to have sunk due to bad weather.

Our expert team of maritime injury lawyers have handled multiple cases involving fishing boat injuries and sinking vessels. If you have any questions about a maritime personal injury case or a Death on the High Seas claim, please contact us at (800) 282-2122 for a free discussion about your case.

National Sleep Apnea Conference to Focus on Preventing Fatigue Related Accidents

sburke@smslegal.com (Blog Author)23707 — Sun, 20 Dec 2009 08:00:00 EST

As Texas truck accident lawyers, we constantly follow developments that influence trucking safety, and sleep apnea is high on that list. To say that we have been frustrated at the slow pace with which the Federal Motor Carrier Safety Administration has addressed this very real problem would be an understatement. The FMCSA continues to ignore recommendations by the NTSB to mandate sleep apnea screenings for commercial truck drivers.

However, there is a small silver of hope that the trucking industry itself is taking these issues at least a little seriously. The American Trucking Associations has announced that it will co-sponsor the very first national sleep apnea conference in May of next year. The conference is expected to focus on sleep apnea-related legislative efforts, and screening processes and treatment programs. The American Sleep Apnea Association will host the event, which will have NTSB chairman Deborah Hersman delivering the keynote address.

All this sounds very impressive, but we will wait until the day after the event - May 13^th 2010- to see if anything concrete comes out of the conference. The trucking industry has a responsibility towards ensuring that drivers are screened for obstructive sleep apnea, and treated if the condition is present. Even with more comfortable trailer cabs, access to the internet and entertainment systems on rigs, truckers continue to lead strenuous and hectic lives. This lifestyle and poor diets contribute to obesity, which can increase the risk of sleep apnea.

Every year, driver fatigue contributes to thousands of accidents, killing and injuring several people. Sleep apnea has been confirmed to be a contributing factor in trucker fatigue. It makes financial sense for the trucking industry to tackle this problem seriously. Ultimately, the industry must understand that investments in sleep apnea diagnoses and treatment are economically more viable than heavy litigation costs.

The Texas trucking accident attorneys at Schechter McElwee Shaffer & Harris represent injured victims of truck accidents in and around the state of Texas. For more information about our free legal consultations, please email us at info@smslegal.com or call (800) 282-2122.

Multiple Houston Auto Accidents - 3 Deaths and Wheelchair-Bound Man Injured

sburke@smslegal.com (Blog Author)23699 — Sat, 19 Dec 2009 08:00:00 EST

Last night in Houston, Texas on Eastland, a truck traveling north swerved into the opposite lane of traffic, and struck a man who was sitting on the side of the road in a wheelchair. The roadside man was taken to Ben Taub General Hospital and listed in critical condition. The truck's driver had alcohol on his breath and submitted to a blood draw.

Later last night, a pedestrian was fatally injured as he attempted to cross a freeway. Stephen Cannon, 27, was struck as he walked across the South Loop West near Kirby. The driver didn't stop after hitting him and was later located in a parking lot a mile away. The offsending driver was taken into custody and charges are pending, according to the Houston Police Department.

If you have been injured in a Houston, Texas automobile accident, auto pedestrian accident or Houston, Texas motorcycle accident, please contact the lawyers of SMSH at info@smslegal.com or toll-free at (800) 282-2122.

Railroad Employer Liable for Parking Lot Injury

mshaffer@smslegal.com (Blog Author)23691 — Sat, 19 Dec 2009 08:00:00 EST

The Nebraska Supreme Court found Union Pacific Railroad Co. liable under the Federal Employers' Liability Act (FELA) for injuries sustained by a conductor injured while walking from the company-owned parking lot to his office. The conductor suffered knee injuries in 2006 after stepping into a hole while walking through a city-owned alleyway linking the parking lot and the office.

Union Pacific was found to be negligent and thus liable for injuries because their employee was injured while performing a duty necessary to his employment. Even though not on railroad company property at the time of his injury, the Supreme Court found that the Plaintiff was within close proximity to the office and the injury occurred as a necessary incident of his workday. The high court also said he was exposed to risks not shared by the general public, because Union Pacific strategically placed signs restricting the alleyway's use to railroad employees.

"And in doing so, Union Pacific has effectively encouraged its employees to use the alleyway," the court said.

To battle the railroad giants you must have an experienced team of FELA lawyers on your side. If you are serious about your claim you need serious representation. At Schechter McElwee, Shaffer & Harris, L.L.P., we have over 100 years of experience in personal injury law. We have handled the toughest Railroad Injury cases from around the country. If you or a loved one has been involved in an on the job railroad accident, please call (800) 282-2122 today for your free consultation or email us at info@smslegal.com.

Family of Dallas Truck Accident Victim Sues Driver

sburke@smslegal.com (Blog Author)23689 — Sat, 19 Dec 2009 08:00:00 EST

As Texas truck accident attorneys, we often come across accidents in which injuries are caused even in the absence of direct impact between the truck and another vehicle. In 2007, a 57-year-old Dallas man was killed when a truck crashed in to a median, leading to a large piece of concrete smashing though the victim's car windshield. The family of the victim William Bond, has now filed a lawsuit against the trucker in that accident.

Bond was returning home with his brother from a cancer treatment facility. The trucker Christopher Spicer was tail gating another vehicle when he lost control of the truck. The vehicle crashed into a median, and flipped over. A large chunk of concrete from the median flew through the windshield of the car in which Bond was traveling. He received the full impact of the crash, and died instantly.

Spicer was never prosecuted for his role in the accident. He was indicted for criminally negligent homicide, but the district attorney said his office would not prosecute the case because it involved no crime, other than speeding.

The lawsuit filed by the Bond family also names the North Texas Tollway Authority and engineering, construction and maintenance companies involved in building and repair activities on the tollway. The Bond family holds that there were two factors in this accident:

1. The driver's failure to maintain safe speeds and drive safely
2. The failure of the North Texas Tollway Authority and other companies to maintain the tollway properly.

Medians are installed to prevent vehicles from veering into opposite lanes. These are meant to keep motorists safe, not cause them harm. You have to wonder what kind of impact causes a large chunk of concrete to crash through a neighboring car's windshield.

If you or someone you care about has been injured or killed in a Texas Trucking Accident, please contact the experienced personal injury lawyers of Schechter, McElwee, Shaffer & Harris, LLP for a free evaluation of your case. We have lawyers ready to travel and meet with you at your home or hospital if you are too injured to make it to our offices.

Four Construction Contractors Cited in Austin, Texas Scaffolding Accident

sburke@smslegal.com (Blog Author)23514 — Wed, 16 Dec 2009 08:00:00 EST

Four contractors have been cited for safety violations that resulted in a scaffolding accident at an apartment building construction site in Austin this year.

The collapse occurred on June 11^th. The three workers were working on the scaffolding when parts of it collapsed. The workers fell to the ground and died from their injuries.. Now, the Occupational Safety and Health Administration as proposed penalties against Capoera Construction, Mast Climber Manufacturing Inc, Andres Construction Services LLC and Greater Metroplex Interiors Inc. According to OSHA, if the scaffolding had been inspected properly and replaced or repaired as necessary, the collapse could have been prevented and three lives could have been saved.

Capoera Construction was cited for:

Failure to develop and implement a safety and health program
Failure to provide competent personnel for scaffolding inspections
Failure to provide adequate fall protection systems to workers
Failure to train workers properly

Mast Climber Manufacturing Inc was cited for:

Failure to have scaffolds designed by qualified people and constructed according to that design.
Failure to provide strong scaffolding that is capable of supporting four times that maximum intended load.
Failure to have scaffolding inspected by competent workers
Failure to remove or repair damaged scaffolding

Andres Construction Services and Greater Metroplex were cited for:

Failure to have scaffolding inspected by competent people
Failure to provide fall systems to workers
Failure to train employees properly

OSHA has proposed fines ranging from $86,800 for Mast Climber to $14,000 for Andres Construction Services.

OSHA sets down strict regulations for scaffolding materials and installation, and failure to follow these guidelines can lead to serious accidents, like the one that occurred in Austin this year. These deaths could have so easily been prevented if the workers have been provided fall protection systems, and if contractors had invested more time and money in scaffold design and installation.

The Texas construction accident lawyers at SMSH represent injured construction workers and families of workers killed in such accidents around the state of Texas. For a free evaluation of your case, please email us at info@smslegal.com, complete our online contact form, or call us toll-free 24/7 at (800) 282-2122.

Motorcycle Precautions That Can Save Your Life

sburke@smslegal.com (Blog Author)23438 — Tue, 15 Dec 2009 08:00:00 EST

Each year, many Houston, Texas residents die as a result of motorcycle accidents. The causes of most fatal Houston motorcycle accidents remain generally unknown. However, as Houston Motorcycle Injury Lawyers, we advise our clients and all cyclists to exercise greater caution in general when operating a motorcycle.

SMSH List of General Safety Tips for Motorcycle Riders:

Wear quality protective clothing such as gloves, helmet, and boots
Take new driver or refresher training classes and keep up with changes in laws affecting cyclists
Safely ride a medium-sized motorcycle before a heavier ones or a smaller bike known for speed
Ride alongside an experienced buddy
Remember drivers of cars and trucks are less likely to see you in poor weather conditions, and act accordingly
Avoid riding during rush hour if possible

Schechter, McElwee, Shaffer & Harris, L.L.P.'s team of experienced Houston, Texas Motorcycle Accident Attorneys has helped motorcycle injury victims for over forty years. Please contact us at info@smslegal.com or toll-free by phone at (800) 282-2122 for a free evaluation of any motorcycle injury case.

Katy, Texas Cheerleader among 3 Killed in Burning Crash

sburke@smslegal.com (Blog Author)23436 — Tue, 15 Dec 2009 08:00:00 EST

Three people died early Sunday morning at approximately 6:44 a.m., after a Ford pickup truck missed a curve near the 2900 block of Katy Hockley Road, struck a pine tree and became engulfed in flames. One of the deceased has been identified as Taylor Contreras, a 16-year-old cheerleader at Morton Ranch High School in Katy.

"It's possible that the driver tried to slow the vehicle down to make the curve," said Katy Police Department Capt. Gay Dickerson, who added that the roads were wet and the area was foggy at the time of the wreck.

“The identities of the three individuals have not been released by Harris County authorities; however, it is understood at this time that one was a current student at MRHS and that at least one of the others was a recent graduate of CRHS,” KISD Assistant Director of Communications Steve Stanford said in an e-mail to The Katy Times. “Grief counselors are currently on site at both schools to assist students and staff.”

Our experienced Katy, Texas car accident attorneys have handled cases involving single-car accidents, fiery crashes, burn injuries and even auto accident-related deaths. If you or someone you know is in need of a free legal consultation for their automobile accident claims, please have them contact us at (800) 282-2122.

Tugboat Crewmember Severely Injured in Slip and Fall Accident off South Carolina

mshaffer@smslegal.com (Blog Author)23433 — Tue, 15 Dec 2009 08:00:00 EST

A slip and fall accident might seem minor, but as maritime lawyers, we often see that these falls leave seamen with serious, and sometimes, lifelong injuries. Last weekend, the Coast Guard was called in to evacuate a 52-year-old tugboat crewmember, who slipped and fell on a vessel off Winyah Bay in South Carolina.

Crewmembers were alerted to the seriousness of the condition when the man began showing signs of a cardiac arrest. The Coast Guard was then called in to evacuate the man to a medical facility.

Slip and fall accidents can occur just about anywhere on a ship. The movement of a sailing vessel means that crewmembers are constantly at risk of a fall. Every time a vessel hits choppy waves, or encounters adverse weather conditions, it can become unstable, contributing to a fall. Besides, a vessel deck may be slippery from water, grease, and in case of commercial fishing vessels, fish gurry. Whatever the kind of slippery substance involved, the fall that results can be serious. A person may suffer from

Broken bones and fractures
Sprains
Head and brain injuries
Spinal cord injuries

Injuries to the brain or spinal cord can manifest themselves in a range of symptoms, ranging from lack of consciousness, convulsions, swelling and concussions to paralysis, coma and even death. When workers survive these serious injuries, they may find that they are left with impaired physical, mental and cognitive abilities. Spinal cord injuries, for instance, can leave a worker with varying degrees of reduced mobility and sensation, from paraplegia and quadriplegia, to numbness and reduced sensation and strength in limbs. This can impact the worker's current and future employment prospects.

We hope the tugboat crewmember here is getting the kind of specialized medical attention that he needs. Part of his rights include the right to cure, and this includes not just basic physician services, but also specialist care.

In the days ahead, a maritime lawyer may also want to know:

Were calls to evacuate the worker made on time? Or was emergency aid delayed?
Were working surfaces covered with grease or water, creating a hazardous environment?
In case of a slippery environment, had the worker been provided with high traction boots or other safety gear?

Please contact our experienced team of maritime personal injury attorneys at SMSH for a free evaluation of your case.

Red light cameras in Texas catch more than 1 million drivers every year

sburke@smslegal.com (Blog Author)23256 — Fri, 11 Dec 2009 08:00:00 EST

More than 1.2 million motorists are caught by red-light cameras in Texas each year, according to the latest data collected by state transportation officials. There are more than 300 red-light cameras on intersections in at least three dozen Texas cities.

The cameras have generated at least $60 million in fines. The cities share the profits - fines, less expenses - with the state, and spend the rest on traffic safety.

A Texas state law requires cities to report information about their cameras to the Texas Department of Transportation. TXDOT recently published their reports, allowing anyone statistics from 2008 to 2009 at each monitored intersection.

Duncanville Police Chief Robert Brown, whose city includes the intersection with the most tickets from July 1, 2008 to June 30, 2009, believes they make his intersections safer by raising awareness about signals. He says "We made the decision to install the cameras because, at the end of the day, they make the community a safer place to travel."

The cameras catch motorists enter an intersection after a light changes from yellow to red. Cameras are mounted on poles before an intersection and take pictures and video from behind offending vehicles. All monitored intersections display warning signs.

Houston city officials maintain that there is only a small percentage of false tickets or double citations. This might be because most cities require employees to approve each violation before sending citations out.

Houston has more cameras than any other Texas city.

As Houston Car Accident Lawyers, we hope these red-light cameras will prevent auto accident injuries and fatalities. However, many accidents still occur each day in our great city. For a free evaluation of your Houston Auto Accident Injury case, please contact SMSH at info@smslegal.com or call us at (713) 524-3500.

Teen Dies and 3 Others Sent to Hospital Following Houston Single Car Wreck

sburke@smslegal.com (Blog Author)23197 — Thu, 10 Dec 2009 08:00:00 EST

A teenager died and three other people were taken to the hospital after their car slammed into a tree in south Houston this week. A distracted driver lost control of this car and smashed into a tree. Houston police are investigating the wreck.

Ana Cecilia Claros, 17, was injured in a single-car wreck on Wednesday. She was rushed to Memorial Hermann Hospital, where she later died.

The driver and two other passengers were also taken to the hospital and their conditions remain unknown.

Distracted drivers are a top cause of automoible and other motor vehicle accidents. Whether the driver is texting, talking on a cell phone, looking at a billboard or engaging in other dangerous behavior, the consequences are often serious. If you or someone you know has been injured or killed by a distracted driver, please call upon the experience of Houston Car Accident Lawyers to assist with your case. Submit a free online contact form or email us at info@smslegal.com.

Plant Explosion in Seabrook, Texas Injures Two Workers

sburke@smslegal.com (Blog Author)23187 — Thu, 10 Dec 2009 08:00:00 EST

An early morning explosion at the American Acryl plant in Seabrook injured two workers, and caused great anxiety in the local community. Witnesses said there was a large fireball accompanied by massive blast. Houses nearby had their windows smashed from the impact. There were about 10 to 15 workers at the facility when the explosion occurred. All have been checked and released except for two workers who had to be taken to a hospital.

The plant where the exposition occurred handles toluene, which is a petroleum-based compound. Exposure to toluene even in small doses can cause fatigue, memory loss and weakness. So far, there appears to have been no environmental impact beyond the facility's borders, but residents in the area have been asked to remain indoors. An Occupational Safety and Health Administration team has already been dispatched to the site.

Just last week, an explosion at the Valero Energy Corp. refinery in Texas City killed one worker. The Chemical Safety Board had declined to begin an investigation into that accident, and will likely not be investigating the Seabrook blast either. As the Houston Chronicle reports, there are just too many such chemical plant and refinery explosions happening, and the agency's resources are stretched to the max with the current number of open investigations it has. The agency has at its disposal, the princely sum of $10.5 million and staffing resources of 40 members to conduct probes into the large number of plant explosions occurring in the country every year. It simply doesn't have the funds or the staff to initiate probes into all of these.

The CSB can undertake a maximum of between 12 and 15 investigations per year. As Texas plant explosion lawyers, we monitor the industrial safety situation around the country, and know that 12-15 explosions are just a small fraction of the number of explosions that occur every year in our country.

Please get more information by emailing us at info@smslegal.com or contacting your Texas Refinery Accident Lawyers at (800) 282-2122.

Texas Shrimper Seriously Injured in Fishing Vessel Accident

mshaffer@smslegal.com (Blog Author)23126 — Wed, 09 Dec 2009 08:00:00 EST

A Port Isabel shrimper has been seriously injured in an accident on a fishing vessel just off the coast of the Louisiana.

The shrimper was left with scalp injuries, and had a portion of his scalp ripped off. Making things worse for Gerard Garcia is that he is in the county illegally, and faces mounting hospital bills. In an interview to KRGV, Garcia says he doesn't expect the government to foot his medical bills, but he does expect Zinco Marine, his employer, to pay his medical expenses.

Garcia requires surgery and skin grafts to heal his scalp. Zinco Marine representatives have told KRGV that they will cover his medical expenses.

As a seaman, Garcia should not have to worry about his medical expenses after an injury. These expenses will come under a seaman's cure rights that will begin as soon as the injury occurs. Under cure rights, a seaman is eligible for expenses to cover his medical bills which include

Hospital expenses
Doctor's fees
Cost of prescription drugs
Surgeries
Physical therapy

If the seaman qualifies as a Jones Act seaman, he has other additional avenues for recovery. If his injury occurred because of the employer's negligence, then he is eligible for a claim of negligence under the Jones Act. Besides, if a maritime attorney can prove an injury occurred because of unseaworthy conditions on the vessel, the seaman may also file a claim of unseaworthiness along with his Jones Act claim of negligence.

As maritime lawyers, we are continually impressed with how the Jones Act protects seamen, guarantees them a fair allowance for their daily expenses while they are injured, provides for medical treatment expenses, as well as additional options for recovery in case of negligence or unseaworthiness. It's how the law protects those who work in unbelievably difficult conditions, often at high risk of injury and death.

For a free evaluation of your offshore injury claims, please e-mail us at info@smslegal.com or call toll-free 24/7 (800) 282-2122.

Texas City Refinery Explosion Leaves One Dead

mshaffer@smslegal.com (Blog Author)23065 — Tue, 08 Dec 2009 08:00:00 EST

As Texas refinery explosion lawyers, we are always saddened when there is a refinery accident that injures or kills workers. However, considering the safety record at so many of Texas' refineries, we can't say we are very surprised when these deadly explosions occur.

Yet another ghastly explosion at a Texas City refinery has killed one person and seriously injured two. The explosion occurred at the Valero Energy Corporation refinery last week at about 9 pm. A 40-year-old worker Tommy Manias was killed in the explosion. According to Texas City fire crews, the cause of the explosion is still under investigation. Currently, we know that there was an explosion in the boiler room that quickly caused a fire. By the time fire crews arrived, the fire had been put out. There is speculation that a boiler failed, contributing to the explosion.

The explosion brings back horrible memories of the deadly BP refinery explosion in Texas City that killed 15 people. The Texas refinery explosion lawyers at SMSH represented both victims and their families from that explosion, and so, we know firsthand what families of these victims go through. Fires and explosions are some of the most catastrophic workplace accidents, leading to blunt force trauma injuries, amputations, serious burns, and penetration injuries.

Meanwhile, the Chemical Safety Board has announced that it will not begin investigations into the Valero blast. According to the Board, it currently doesn't have the resources to begin yet another investigation, because it has 15 opened investigations. Out of these 15, 8 investigations involve refineries. It seems that our refineries get involved in more explosions than the Chemical Safety Board can keep up with. However, the Occupational Safety and Health Administration has begun its investigation into the Valero blast.

For assistance with your Texas City Plant Explosion case or any other claims related to a Texas Refinery Accident, please contact SMSH for a free evaluation of your case at (800) 282-2122 or e-mail us at info@smslegal.com

Lufkin Emergency Personnel Busy with Accidents

sburke@smslegal.com (Blog Author)23062 — Tue, 08 Dec 2009 08:00:00 EST

Monday afternoon in Lufkin, Texas, emergency personnel were kept on their toes by multiple car accidents in a short period of time, one wreck causing serious injuries.

Multiple minor injuries were reported, along with major property damage to several vehicles. The biggest wreck took place 59-North just north of Loop 287 when an 18-wheeler driven by Charles Robbins, of Paris, Texas, lost its trailer box as it struck the bottom of a railroad crossing, according to the Texas Department of Public Safety.

Robbins was pulling non- hazardous cargo for the U.S. Army. The accident caused his trailer's insulation to spill out, part of its roof to peel back, and the large metal container to be knocked off its trailer.

As post-accident traffic slowed, one driver rear-ended the back of a silver pickup ahead of her. Immediately after that secondary accident, an 18-wheeler tow truck a few cars behind slammed on its brakes, nearly slamming into a concrete barrier.

Shortly before that second accident, on state Highway 2021, a Jeep was involved in an accident with a party rental truck, resulting in minor injuries.

Just over an hour later, Lufkin Police and Fire Departments were again responding to a the most serious wreck so far that day, one with multiple major injuries at Harmony Hill Drive and FM 58.

Texas Auto Accidents like the car and truck accidents mentioned above are all too common. If you or someone you know has suffered whiplash, back injury, neck injury, broken bones, traumatic brain injury (TBI) or other injuries associated with a Texas car accident or Texas Trucking Accident, please call the experienced lawyers of Schechter, McElwee, Shaffer & Harris, LLP for a free evaluation of your case at (800) 282-2122 or email us at info@smslegal.com.

Intentional Placement of a Seaman in Danger can be the Grounds for a Jones Act Claim

mshaffer@smslegal.com (Blog Author)22880 — Fri, 04 Dec 2009 08:00:00 EST

A vessel owner must avoid placing a Jones Act seaman in danger intentionally and knowingly. That can include making the decision to set sail in adverse weather conditions knowing that the safety and security of the crews could be threatened. In that context, a new alert by the Coast Guard urges mariners to stay out of the waters off the coast of Florida, because of expected adverse weather, including a possible risk of thunderstorms.

Currently, a small craft advisory has been issued, warning small boats to exercise caution and stay out of the water on Tuesday, Wednesday and Thursday. According to the Coast Guard, it will find it hard to send emergency rescue teams in adverse weather because aircraft will be grounded during thunderstorms, and rescue by boat may be delayed because of rough seas.

Maritime Accidents are Easy to Prevent

The days of venturing out into sea without the knowledge of what tomorrow's weather will bring, are virtually over. Advancements in meteorology and weather prediction technologies ensure that mariners, shipping companies, masters and captains have access to up-to-date information and data gathering technologies that will keep them notified about any adverse weather they can expect. Navigational decisions must be made keeping weather and sea conditions in mind.

Unfortunately, that may not always happen. In many cases, captain, masters and vessel owners may make decisions to travel on in spite of poor weather. Seaman may be injured because of rough seas which can cause slip and falls on deck, injuries from flying objects and debris, falls overboard and vessel tip-overs. In such cases, an experienced maritime attorney may be able to file a Jones Act claim against the employer.

Claims of Unseaworthiness Hold Vessel Owners Accountable for Incompetence of Crews, Captains

Incompetent decisions by captains and masters can also be the basis for a claim of unseaworthiness against the vessel owner. In the past, seamen have filed claims for injuries sustained in maritime accidents that occurred because vessel captains made hazardous decisions to venture out, even in the knowledge of a building storm.

Our maritime attorneys represent injured cargo and cruise ship crew members, tanker and freighter crews, offshore rig workers, jack up rig workers, barge and tugboat operators and other maritime workers who qualify for Jones Act seaman status. Please contact us for a free evaluation of your case at info@smslegal.com or toll-free 24/7 (800) 282-2122.

Coast Guard Issues Safety Alert over Unapproved EPIRB Batteries

mshaffer@smslegal.com (Blog Author)22812 — Thu, 03 Dec 2009 08:00:00 EST

Part of a ship owner's responsibility to provide a Jones Act seaman a seaworthy vessel is to provide employees with emergency lifesaving equipment on board. The equipment must be properly functioning, and there must be enough equipment for all crewmembers on board the vessel. As maritime lawyers, we would like to bring the vessel owners' attention to a new safety alert by the Coast Guard.

According to the alert, the Coast Guard has received three reports of unapproved replacement of 406 EPIRB batteries. In all instances, these batteries were apparently replaced by servicing companies, who had no relation to the EPIRB manufacturer. An EPIRB manufacturer who opened the unit, found a battery inside not made by them. In fact, the battery was apparently assembled, using fuses and wires from the original battery, and then covered with the original shrink and labels. The connections were not spot welded, as the design required, but were soldered, compromising their quality further. In addition, the battery measured just 8.7 volts, while the original batteries come with 9 plus volts.

EPIRB manufacturers are advising that the original batteries come with a user's manual which properly explains maintenance and replacement procedures. They are advising that any replacement involve only manufacturer- approved batteries. These batteries must also be installed correctly by the manufacturer, or by a facility approved by a manufacturer. Failure to do so could cause these EPIRB devices to malfunction during an emergency.

EPIRBs, also known as Emergency Position Indicating Radio Beacons, help detect and locate mariners during an emergency. They transmit distress signals that can be used by search and rescue teams to trace crewmembers. These devices have helped save hundreds of lives in incidents of falls overboard, ship collisions, fires and explosions, and other maritime emergencies. Malfunctioning EPIRBs are therefore a matter of concern. Vessel owners must make sure that these life saving devices are serviced properly by manufacturers, and not by some fly-by-night servicing company.

The maritime attorneys at Schechter Shaffer McElwee & Harris represent injured cargo and cruise ship crew members, tanker and freighter crews, offshore rig workers, jack up rig workers, barge and tugboat operators and other maritime workers who qualify for Jones Act seaman status.

OSHA Refinery Sweep Shows Why Explosions and Accidents are so Frequent

mshaffer@smslegal.com (Blog Author)22715 — Tue, 01 Dec 2009 08:00:00 EST

As Texas refinery explosion lawyers, we have been very concerned about the corrective measures that federal regulators seem to take after accidents and injuries have occurred, instead of taking preventative measures to avert any adverse events . The Occupational Safety and Health Administration has a poor record of refinery inspections. In the last 10 years, the agency has conducted only a handful of inspections for the 150-odd refineries in the country.

So, as Texas refinery explosion attorneys, we weren't surprised when a nationwide sweep of oil refineries turned up far more violations than OSHA regulators expected. According to the Wall Street Journal, the agency inspected 86 refineries. It has, so far, found 930 violations and issued $4.8 million in citations. The OSHA National Emphasis Program or NEP was launched in 2007 to inspect oil refineries. The initiative came after the agency found that over 15 years, the country's oil refineries accounted for the largest number of fatal accidents. Most of these accidents were linked to fires and explosions that typically caused the higher number of serious injuries and deaths.

These high numbers of violations were probably no surprise to those who lived in the neighborhood of an oil refinery in Utah, where an explosion last month damaged several houses. The explosion at the Silver Eagle refinery near Salt Lake City was the second this year. In January, the refinery was the scene of a fire that seriously injured at least 4 people. The Silver Eagle refinery has a history of fires, with recent incidents occurring in 2003, 2005 and 2007.

Refinery explosions are a major source of concern because of their huge potential for catastrophic injuries and fatalities. In Texas, we are constantly reminded of how the people who work at these refineries continue to be at risk from hazardous conditions. Many of Texas' refineries are quite literally, ticking time bombs waiting to go off. The Texas refinery explosion lawyers at SMSH would like to see more initiative and less foot-dragging from OSHA.

Please contact Matt Shaffer via e-mail at mshaffer@smslegal.com or toll-free 24/7 at (800) 282-2122 to get a free evaluation of your refinery accident case from a lawyer with years of experience handling these cases. You can also submit an online contact form and expect a quick response from SMSH Lawyers.

Should I get a lawyer to file my FELA injury claim?

mshaffer@smslegal.com (Blog Author)22527 — Fri, 27 Nov 2009 08:00:00 EST

In 1908, Congress passed the Federal Employees Liability Act, more commonly known as FELA, a comprehensive law designed to protect the rights of injured railroaders and their families. FELA applies to all railroads and their employees. FELA is the only avenue of legal recourse for most causes of action the employee of a railway may have against his employer. A FELA case may be brought either in state or federal court. Railroad Employers are covered by FELA and this law obligates them to provide a safe workplace and safe work environment. FELA protects engineers, brakeman, switchman, and other railwaymen and railroad workers who have injured on the job or even killed at work.

Most, if not all, jobs in the rail industry are dangerous. FELA Railroad Employees work with multiple moving parts and heavy machinery, while trying to quickly and efficiently. Railroad injuries are frequent and can include hearing loss, back and neck injuries, chemical and asbestos exposure, shoulder and knee problems, amputations, burns, repetitive injuries like carpal tunnel syndrome, many other more catastrophic injuries, and even death.

It is very important for all railroad employees involved in on-the-job accidents to report their accident or injury immediately. An injured FELA worker should also relay whether faulty tools or improprly operating equipment was involved in the accident so that the defective items can be identified and future accidents can be prevented.

According to the Federal Railroad Administration's Office of Railroad Safety, the most common types of railroad are:

Collisions
Highway-rail and trespassing incidents
Derailments

Other common causes can be:

Collision with a car or bus
Mechanical failure that leads to an accident
Inadequate security on the train
Dated and unsuitably maintained tracks
Conductor Negligence

If you have been injured while working for the railroad, you should consider hiring a Train Accident Attorney or FELA Lawyer. You do not have to use the Union-appointed lawyer. Please contact our firm, Schechter, McElwee, Shaffer & Harris, LLP, the firm with over 100 years of combined experience handling federal personal injury cases. We get serious results and are available to provide a free consultation for your railroad injury lawsuit over email at INFO@SMSLEGAL.COM or at (800) 282-2122.

Truck Accident in Guadalupe County Kills Canyon Lake Man

sburke@smslegal.com (Blog Author)22432 — Wed, 25 Nov 2009 08:00:00 EST

A tractor trailer accident in Guadalupe County has killed a pickup truck driver. According to the Seguin Gazette, the tractor trailer was heading east on Interstate 10 when the truck hydroplaned. The driver lost control of the rig, causing the truck to veer into oncoming traffic and hit a Ford F550. The driver of the Ford, a Canyon Lake man, was killed in the accident. The truck driver also suffered serious injuries.

Hydroplaning can occur when tires lose traction and glide across a water surface. These kinds of accidents typically occur on roads that had been made wet by heavy rains. Hydroplaning accidents are typically seen when vehicles are traveling at high speeds, or when tires have been poorly maintained or are in poor condition. Tires that are well maintained and are in good condition, can continue to maintain contact with the road. However, when the tires are under inflated and worn out, there is a higher chance of hydroplaning.

An out of control big rig is bad news for any motorists in the vicinity. Occupants of the smaller vehicles have a very slim chance of survival or escaping without serious injuries when 80,000 pounds of force come crashing through the car.

That's why these vehicles, their operating companies and drivers are held to higher standards set down by the Federal Motor Carrier Safety Administration. The agency lays down strict standards for driver hiring, training and supervision practices, maintenance of trucks and truck parts, licensing of companies, and testing drivers for alcohol and substance abuse.

As Texas truck accident attorneys, we were very encouraged to note the NTSB recommendation to the FMCSA for tire pressure monitoring devices on all commercial trucks. However, the FMCSA has a poor record of implementing recommendations. More initiative by the FMCSA could prevent a large number of the tractor trailer accidents that occur on our highways.

The Texas truck accident lawyers at Schechter Shaffer McElwee & Harris represent injured victims of semi truck, 18 wheeler and tractor trailer accidents in Houston and around the state of Texas.

Shipyard Accident in Mississippi Leaves Two Dead

mshaffer@smslegal.com (Blog Author)22354 — Tue, 24 Nov 2009 08:00:00 EST

A massive explosion inside a tug barge at a Mississippi shipyard has killed two sub-contractors.

The accident occurred at the VT Halter Marine shipbuilding facility in Escatawpa. According to Gulflife.com, the two men were cleaning and prepping a tank inside the barge for painting, when there was a sudden explosion. The two victims were aged 25 years and 15 years. At least two other subcontractors who were in the vicinity sustained serious injuries, and were rushed to the University of South Alabama Medical Center's Regional Burn Center in Mobile.

What is the LHWCA?

Typically, injuries sustained during work in a shipyard, ship repair or ship building facility may be covered under a separate body of laws, called the Longshore and Harbor Workers' Compensation Act. The LHWCA extends protection to maritime workers, who are not covered under the Jones Act.

The LHWCA works very similarly to state Workers' Compensation laws. The bigger similarity between the two is that under both, a worker does not have to prove that the employer was at fault to receive compensation. Injured longshoremen and dock workers are eligible for a set of benefits, including medical expenses and lost wages. They may not be able to file an injury lawsuit against the employer. However, it may be possible to file a third party lawsuit against equipment manufacturers and other parties who might have contributed to the injury.

Who can Handle my LHWCA Claim?

Typically, LHWCA claims will be handled by a maritime lawyer who also represents Jones Act seamen. Although LHWCA works similarly to Workers' Compensation, it's important to file your claim under the right laws. Even within a harbor or port, there may be employees who work for the port, but are not maritime employees, and may not be covered under LHWCA. These people may be covered under state Workers' Compensation laws. It's therefore, very important that you file your claim under the right laws with the help of a maritime attorney.

The maritime attorneys at Schechter McElwee Shaffer & Harris represent longshoremen, dock workers, shipyard and ship repair workers, and other maritime workers who qualify under the Longshore and Harbor Workers' Compensation Act, in injury and wrongful death litigation.

Waco man killed in motorcycle accident

sburke@smslegal.com (Blog Author)22282 — Mon, 23 Nov 2009 08:00:00 EST

A Waco man is dead after losing control of his motorcycle and crashing early Sunday near Lake Waco. Unfortunately, he was not wearing a helmet and was pronounced dead at the scene.

The accident happened around 1:53 a.m. at Eichelberger Crossing. Police say the driver was traveling northbound on when he lost control of the motorcycle, crashed into a ditch and was ejected.

The Department of Public Safety says Billy Edward Wright Jr., 25, of Waco, failed to negotiate a curve while he was driving his 2007 Honda Motorcycle, left the roadway, and ran into a ditch. He was thrown from the motorcycle.

SMSH Partner Jonathan S. Harris and our team of Texas Motorcycle Accident Attorneys can help you with your claims related to innjuries sustained in a Texas motorcycle accident. Please call us at (800) 282-2122, contact Jonathan via e-mail at jharris@smslegal.com or complete our free online case evaluation form.

TV Report Analyzes Texas Truck Accident Record, No Surprises for SMSH Lawyers

sburke@smslegal.com (Blog Author)22271 — Mon, 23 Nov 2009 08:00:00 EST

Texas truck accident attorneys have been very concerned about the state's dubious distinction as the state with the largest number of fatal commercial truck accident in the country. Every year, more than 400 people die in 18 wheeler and semi tractor trailer accidents in Texas. CBS 11 news reported on approximately half a dozen truck accidents in October alone. The news channel has now analyzed more than 12,000 truck accident records over the past 5 years.

While the analysis reveals some facts that are common knowledge to anyone who's lived in Texas, it also reveals some interesting statistics.

The deadliest highway intersection on the state is I-35E and I-20. That's not exactly breaking news for Texas truck accident lawyers, who frequently come across cases involving victims of truck accidents on this particular highway.
I-30 and Cockrell Hill in Dallas County holds the record for the highest number of non-fatal truck accidents.
Dallas County however, accounted for the most number of fatalities during the last 5 years, with 75 people dying in tractor trailer accidents here.
The record for the deadliest interstate is I-20 from Benbrook to Balch Springs. 14 people died in tractor trailer accidents on this highway over the past five years.

The CBS 11 analysis also listed some of the most dangerous roads in the state. These include:

I-44 from downtown Dallas to I-20 with five fatalities
I-30 in Dallas and Tarrant Counties with 12 fatalities
I-35W along highway 114 with 13 non-fatal crashes

It's not that the Texas Department of Transportation has done nothing to lower these shamefully high rates. Large trucks are now prevented from driving in the left lane, and according to a study, there has been a drop in accident rates that could possibly be because of the new rule.

Trucking companies will argue that trucking has become safer over the years, and that there are fewer accidents than before. However as Texas truck accident attorneys, we are more concerned about the high risk of fatalities and the potential for catastrophic injuries in these crashes. The injury and fatality ratio in truck vs. passenger vehicle accidents is skewed in overwhelming favor of the truck occupants. In 80 percent of tractor trailer accidents, it's the driver and occupants of the smaller or passenger vehicles, who are either killed or seriously injured.

Please contact the experienced Texas Commerical Trucking Accident Attorneys of SMSH for a free evluation of your case.

Texas Supreme Court dismisses lawsuit vs. Waco in Cameron Park death

sburke@smslegal.com (Blog Author)22185 — Sun, 22 Nov 2009 08:00:00 EST

The Supreme Court of Texas ruled Friday that the city of Waco cannot be sued in the 2004 death of a McLennan Community College baseball player who fell to his death from a Cameron Park cliff. The decision reverses a January 2008 ruling by Waco's 10th Court of Appeals that said Debra Kirwan, mother of Brad McGehee, could sue the city for wrongful death.

Kirwan, of Belton, filed the lawsuit in 2005 after her 20-year-old son, an all-state shortstop and a sophomore, fell about 60 feet to his death while watching boat races from the edge of Circle Point Cliff in Cameron Park.

The Supreme Court held that under the recreational use statute, the city, which erected barricades and put up warning signs near the sheer park cliffs, had no duty to warn or protect visitors from "a naturally occurring condition." The Court ruled that while the crumbling of a large section of the cliff was not necessarily foreseeable, "the general risk of a cliff's edge is." The court noted that loose rocks and cracks in the cliff would have been visible to park patrons.

The ruling will most likely affect a lawsuit pending in Waco's 74th State District Court that was filed against the city by the parents of Baylor University student Brandon Palady who also fell to his death from Circle Point in February 2006.

If you or someone you know has been injured or killed due to the negligence of another party, please contact the attorneys of Schechter, McElwee, Shaffer & Harris, LLP for a free evaluation of your case at (800) 282-2122.

Houston Texas Semi Truck Accident on Interstate-10 Turns Fatal

sburke@smslegal.com (Blog Author)22182 — Sun, 22 Nov 2009 08:00:00 EST

A cargo truck driver was killed in a semi truck accident on Interstate-10 at Jenson early Friday morning, November 20, 2009 in Houston, Texas. The 18 wheeler jackknifed and ran into the overpass, smashing the cab, and killing the driver. The cargo truck was going about 60 or 65 mph when its driver lost control on a turn, leading to a full jackknife. The semi truck driver died upon the impact with a guardrail and then crashed. The wet roadway from the rain most likely contributed to the accident. The semi truck driver was not wearing a seat belt.

Concerns were expressed about overhead gas pipelines that run above the support columns on the bridge.

Contact a Houston truck accident attorney if you or someone you know has been injured in a truck accident in the Greater Houston area. The experienced Texas truck accident lawyers of Schechter, McElwee, Shaffer & Harris, LLP specialize in representing victims involved in all types of traffic injury accidents and we have recovered millions of dollars for our clients.

Please contact us today via our online form or 24/7/365 at (800) 282-2122. SMSH Partner Jonathan Harris handles multiple Texas trucking accident cases each year and he can be reached via e-mail at jharris@smslegal.com.

Maersk Alabama Under Fire Again: Should Maritime Lawyers be Surprised?

mshaffer@smslegal.com (Blog Author)22082 — Thu, 19 Nov 2009 08:00:00 EST

The maritime lawyers at Shechter Shaffer McElwee & Harris, LLP are representing one of the crewmembers of the Maersk Alabama, which was taken over by pirates back in April. The same ship came under fire from four men on Wednesday morning off the Somalia coast, but fortunately, this time the pirates were unable to board the ship as security teams on the ship fired back at the pirates and thwarted the attack.

According to the ship captain, all crew members are safe and the ship is now proceeding to its next port of call, Mombasa, Kenya under American surveillance. The Alabama made use of a private security firm to protect the ship and its crewmembers from an attack. However, not all shipping companies have taken to hiring private security teams

The Maersk Alabama attack in April had pirates boarding the ship and taking control of it. The four pirates were killed by navy sharpshooters, and the captain and crewmembers returned home safely. Maersk Lines had several opportunities to increase security on its vessels, but failed to do so even in the face of growing risks from pirates off the Somali Coast. Crewmembers of the Alabama, including our client, had spoken to the company of their fear of an attack, and recommended measures that could minimize the risk. However, the company failed to take any measures, and the 20 crewmembers were left physically and mentally traumatized by the attack.

The piracy problem has been off the headlines in recent months, unlike the hysteria of earlier this year when maritime security was topmost on every ones minds. As maritime lawyers, we know that seamen, especially those on vessels in pirate-infested waters continue to be at risk of an attack. Strong security measures like security teams and rerouting, are additional expenses that shipping companies are simply not willing to take, even at the expense of worker safety.

Please contact SMSH Partner Dennis McElwee regarding any questions concerning pirate attacks or piracy in general at (800) 282-2122 or via e-mail at dmcelwee@smslegal.com.

Barge Crewmember Killed in Fall Overboard in Chesapeake Bay

mshaffer@smslegal.com (Blog Author)22018 — Wed, 18 Nov 2009 08:00:00 EST

The body of a Maryland barge crewmember, who fell in the water from the back of a barge as he was returning from a work site, has been found in the South River.

The Coast Guard last seek began rescue operations to look for the crewmember, Gregory Luckett. The Coast Guard searched over 60 square nautical miles, with crews working through the night. The search was called off the next day, and on Monday, Luckett's body was found.

With winter in full swing, chilly waters offer little hope to a seaman who falls in. Depending on how cold the water is, hypothermia can quickly set in, making it impossible for the person to keep himself afloat. The person may experience numbness in the extremities, a drop in breathing rate, disorientation and confusion. In freezing waters, a seaman may not have the luxury of being able to wait for rescue.

Investigations into this barge accident are going on. We don't know yet if the other crewmembers on the barge witnessed the accident. However, as maritime lawyers, we would be very interested to know how long the worker had been employed in his job, and if he had been sufficiently trained to perform his duties safely, especially considering the recent change in seasons, and the dangers arising from this.

A Maritime Lawyer Can Help a Jones Act Seaman Understand his Rights

Determining the question of Jones Act seaman status for a barge operator can become complex. Barges are typically towed by tugboats, and these tugboat drivers may be either employed by the tugboat company and assigned to the vessel, or contracted simply for the purpose of towing barges to and from the worksite.

A contractor, who has not been assigned to a vessel, may not meet the definition of a Jones Act seaman. For a maritime attorney to prove seaman status, the seaman must be assigned to a vessel or a fleet of vessels in navigation, and must contribute to the mission of the vessel.

Maritime attorneys often find that workers are barely ware of their own Jones Act seaman status. That's why it's important for any maritime worker to consult with a Jones Act lawyer to ascertain if he has rights under the Jones Act, before he agrees to a settlement from his employer. Contact us for more information on your case.

An Injured Jones Act Seaman has Maintenance and Cure Rights

mshaffer@smslegal.com (Blog Author)21894 — Tue, 17 Nov 2009 08:00:00 EST

The right to maintenance and cure is the most basic right of a seaman laid down in ancient maritime law, and it never fails to surprise maritime attorneys when employers deny or delay these basic privileges of the Jones Act seaman.

Maintenance and cure benefits were topmost on my mind when I read this report about a crewmember off the coast of Galveston, who had to be medevaced from a vessel after he fell on board, and suffered broken bones. The incident took place on the motor vessel Sicily. Fortunately, the Coast Guard was able to evacuate the crewmember, and he is currently recuperating at the University of Texas Medical Center in Houston.

Maritime Attorneys can Help Recover Maintenance and Cure Benefits

The right to maintenance, which includes expenses related to house rent, groceries, and utilities begins as soon as the injury occurs. The amount of maintenance is also an issue that frequently lands before a maritime lawyer. Maritime statutes don't lay down a specific amount that must be paid to an injured seaman, and the rate can vary.

Often, an employer may try to set a certain standard low rate for maintenance, telling the worker that this is the rate that has been set down for all seamen. As a maritime attorney, I want to make this very clear - you should not have to settle for any amount that your employer sets down, if this amount is too low for you to meet your basic daily needs.

Cure benefits refer to medical expenses incurred after the injury, including hospital costs, medication costs, and physical therapy. Cure expenses may also include unseen expenses, like the cost of travel to and from a doctor's clinic. This is also the responsibility of the employer, and will continue to be so, even if the worker is somehow responsible for his own accident.

I hope that the injured worker is here is aware of his rights to receive maintenance and cure payments that have already kicked in.

Please contact SMSH Attorney Dennis M. McElwee with your maintenance and cure or other wage-related claims. Dennis has had over 20 years of experience handling these cases and will be happy to speak with you about your claims. He can be reached at (800) 282-2122 or via e-mail at dmcelwee@smslegal.com.

Longshore and Harbor Workers' Compensation Act Recent Decisions

mshaffer@smslegal.com (Blog Author)21824 — Mon, 16 Nov 2009 08:00:00 EST

Pedroza v. BRB, 2009 WL 3128075 (9th Cir. 2009)

In a matter of first impression,the Ninth Circuit held that psychological injuries arising from personnel actions are not compensable under the LHWCA as "[s]uch injuries are not caused by working conditions and they are not work related." See 33 U.S.C. § 902(2). Under the Marino-Sewell doctrine psychological injuries are compensable, if the claimant can demonstrate that they were caused by general working conditions and not legitimate personnel decisions.

Green-Brown v. Sealand Servs., Inc., No. 08-1236 (4th Cir. 2009)

Reversing the Board and the ALJ, the Fourth Circuit held that the LHWCA mandates hearing loss compensation be based on AMA Guides. Congress enacted §908(c)(13)(E) in 1984 to establish uniform standards for determining compensable hearing loss under the LHWCA.

Other significant recent decisions can be found on the USDOL/OALJ's web site.

If you or someone you know has been injured while working offshore, please contact the experienced lawyers of Schechter, McElwee, Shaffer & Harris, LLP toll-free at (800) 282-2122 or via e-mail at mshaffer@smslegal.com.

Texas Truck Accident Victim's Family Pleads for Hit and Run Driver to Come Forward

sburke@smslegal.com (Blog Author)21740 — Fri, 13 Nov 2009 08:00:00 EST

Texas truck accident attorneys will tell you – you never get used to the heartache you feel when you come across some of the most innocent victims of these crashes. A Caldwell County family is calling on a trucker involved in a fatal hit and run accident with their car, to surrender. According to the Texas Department Safety, the trucker is likely the cause of a fatal car crash that killed 5-year-old Lilly Bunker.

The truck accident occurred on the 26^th of October on state highway 80. An 18 wheeler driver was trying to switch lanes when he struck a Mercedes, sending the car into oncoming traffic. The Mercedes struck the car in which Lilly and her Brother Jamie were traveling. Lily sustained serious injuries, and was rushed to the hospital. She died that night. Witnesses at the scene have described the rig as a white or gray 18 wheeler gravel truck. Troopers are asking for any information that could help locate the runaway truck driver.

Our hearts go out to Lily Bunker’s family, and we pray for strength for them in this time of loss. They are being brave, asking for the trucker to step forward and own up to his act, just so they can attain some kind of closure. It’s a little hard to believe that the truck driver clipped one vehicle hard enough to send it into another vehicle, and never realized what had happened. As Texas truck accident lawyers, we know that it’s hard to be optimistic when it comes to locating hit and run drivers. But, we hope that the trucker here is located by police, or turns himself as quickly as possible.

Truck Accident Prevention

Unfortunately, Lily Bunker will not be the last casualty this year. Every year, 5,000 people lose their lives in accidents involving these massive tractor trailers. The responsibility to drive safely is much greater on a trucker, simply because of the grave destruction that can occur in accidents involving large trucks. When a trucker fails in that duty, the only ones who suffer are the people in the smaller vehicles.

For assistance with your Texas Trucking Accident claims, please contact SMSH toll-free at 1-800-282-2122 or e-mail partner Jonathan Harris at jharris@smslegal.com. We are available 24/7 to respond to your needs and give a free evaluation of your claims.

Oil Rig Workers Rescued from Rig in Gulf of Mexico

mshaffer@smslegal.com (Blog Author)21656 — Thu, 12 Nov 2009 08:00:00 EST

Tropical storm Ida may have come and gone, but every time a hurricane begins to grow, oil rig workers in the Gulf of Mexico, see up close the dangers that come from living and working on these rigs.

This week, two crew members on a Chevron oil rig in the Gulf of Mexico had to be rescued by the Coast Guard after their rig sustained damage. Strong waves caused a lift boat, that had been tied to the rig, to break loose and smash against the berthing satellite and walkway. The workers, fearful that the rig might collapse in the Gulf of Mexico, contacted the Coast Guard. The two men were rescued by helicopters and brought to New Orleans. Rescue for the two men was a hazardous affair because of the gusty 28mph winds.

Several oil companies were forced to shut down production as Ida approached, but have since begun drilling again in the Gulf of Mexico. Ida was the first storm this year that was strong enough to threaten drilling rigs in the region. The storm had weakened by the time it made land fall. But oil rig workers flying back to platforms after Ida, continue to report rough seas. Winds are still high according to helicopter operators, although they are nothing like the strong winds a few days back.

The demand for oil ensures that drilling and production activities in the Gulf of Mexico, which supplies about 25 percent of the country’s oil and gas needs, can barely halt. Unfortunately, the greed for profits and non-stop drilling means that very often, worker safety may be compromised. Work on an oil rig, even after stricter standards, continues to be one of the most dangerous occupations in the world.

A Maritime Lawyer can Help an Injured Oil Rig Worker Recover Compensation

Oil rig workers who are injured on the job may qualify for damages under the Jones Act, if a maritime lawyer can prove that the worker meets the criteria for a Jones Act seaman. This means that the worker must be assigned to a rig that’s in operation, and must contribute to the mission of a rig. Obviously, it suits operators and owners of rigs to deny that a worker meets the criteria, because it denies him access to a Jones Act claim. That’s why it’s important to consult with a maritime attorney who can prove that the worker is eligible for Jones Act seaman status.

Truck Driver Hurt in 18-Wheeler Accident in Marshall

sburke@smslegal.com (Blog Author)21496 — Tue, 10 Nov 2009 08:00:00 EST

A log truck driver was left injured in an accident involving two commercial trucks near Marshall last week.

According to news reports, the log truck was on highway 143 headed towards Marshall, when another truck tried to cross the highway. The log truck driver tried to warn the other trucker by honking and braking, but failed to get the attention of other trucker. The second 18-wheeler crashed into the log truck, sending it into a ditch off the roadway. The log truck driver was pinned beneath the steering wheel. Witnesses at the scene were able to extricate him from the truck quickly. He was taken to the hospital for treatment of facial lacerations and leg injuries.

Truck Drivers can be Accident Victims Too

Whenever we discuss truck accidents, it's also important to understand that many times victims of these accidents are truckers themselves. Truck drivers may suffer injuries in accidents that are caused not by their own negligence or reckless driving, but because of the

Negligence of other motorists or truck drivers,
Negligence of the trucking company in maintaining the truck
Negligence of county and state agencies in maintaining highways

A trucker also has the right to benefits in case of injuries in an accident. His eligibility for Workers' Compensation damages will depend on whether he is an employed trucker or a contractor, as well as the applicable Texas Workers' Compensation laws. Injured truckers may also be able to file injury claims against motorists or other truckers responsible for the accident.

Not surprisingly, it can be hard for a truck driver to recover his rightful damages in an accident. The typical perception, however faulty, is that these accidents are caused by the truckers themselves, and lawyers for the motorist or the other trucking company involved in the crash, will do anything they can to prove that the accident was caused by the victim's own negligence.

An injured truck driver will need to consult with an experienced Texas truck accident lawyer to determine his best options for compensation.

The Texas truck accident attorneys at Schechter Shaffer McElwee & Harris represent injured victims of commercial truck, 18-wheeler and tractor trailer accidents in the Houston area, and around the state of Texas.

BP Fined $87 Million for Violations in Texas City Refinery Explosion

sburke@smslegal.com (Blog Author)21495 — Tue, 10 Nov 2009 08:00:00 EST

As Texas refinery explosion lawyers, we had represented 10 victims of the deadly blast at BP's Texas City refinery, and have since been monitoring BP's efforts to salvage its reputation after the explosion. Those efforts hit a road block last week, when the Occupational Safety and Health Administration fined the company $87.4 million in penalties for failing to make safety corrections at the refinery.

The blast in September 2005 left 15 people dead, and injured 170 workers. That year, BP paid a $21.3 million to OSHA, and promised to make safety corrections at the refinery over the next four years. The company claimed it had invested more than a billion dollars in safety improvements at the facility. OSHA has not been too impressed with the way BP has corrected the violations, and has slapped the oil giant with the new fine.

Soon after the Texas City refinery explosion, an investigation by the Chemical Safety Board determined that BP officials had cut down on safety measures at the plant n order to cut costs and that this was one of the main contributing causes of the tragedy. In 2007, the company agreed to pay the Department of Justice an additional of fine of $50 million in settlement of criminal charges arising from the explosion. Texas refinery explosion attorneys have long been familiar with BP's poor safety reports, and its promises to enhance safety measures at its plant have become something of a joke.

At the time, the tragedy had also highlighted OSHA's preference to jump in and penalize companies only after workers had been killed in accidents, over placing effective deterrents that could prevent such accidents in the first place. The fine seems to be OSHA's way of conveying to BP that the agency is monitoring the company and its safety processes, and will not be satisfied until the company makes the solid safety improvements it promised post-2005.

The Texas refinery explosion lawyers at Schechter Shaffer McElwee &Harris represent victims injured in refinery explosions and families who have lost loved ones in such catastrophic refinery accidents, helping them recover the compensation they rightfully deserve.

Million Mile Commercial Truck Driver Says Sleep Apnea Program Saved His Life

sburke@smslegal.com (Blog Author)21390 — Sun, 08 Nov 2009 08:00:00 EST

SleepSafe Drivers, Inc., a national provider of sleep apnea diagnosis and treatment programs for fleets, today announced positive preliminary results from a clinical trial focused on testing and treating truck drivers suffering with sleep apnea as part of a national contract with J.B. Hunt Transport Services, Inc. The clinical trial is a collaborative effort between J.B. Hunt, SleepSafe Drivers, Inc., and Fusion Sleep LLC, Georgia`s leading provider of clinical sleep medicine services to patients and employers.

The goal of the trial, which is backed by an Independent Review Board, is to improve the health and safety of the drivers. The trial results will document any cost savings from reduced medical expenses and lower accidents as a consequence of the program. J.B. Hunt is accelerating the pace of the trial and expects to continue expanding the program over time.

Greer Woodruff, Senior Vice President of Corporate Safety and Security at J.B. Hunt. "One of our Million Mile drivers recently told us that he felt the sleep apnea program had literally saved his life. After starting APAP therapy, that driver has lost 115 pounds, knocked out his challenging and chronic daytime fatigue, and was able to begin exercising again for the first time in years. There is absolutely no doubt that he is healthier and safer as a result of the program."

Prior Related articles on our blog:

FMCSA to Review 11-Hour Trucking Rule to Prevent Fatigue-Related Accidents

Safety Agency Calls for Sleep Apnea Screening to Minimize Risk of Truck Accidents

Sleep disorder a risk for big rig drivers

The Texas truck accident lawyers at Schechter, McElwee, Shaffer & Harris are expert trial attorneys, representing injured victims of truck, tractor trailer and 18 wheeler accidents in Houston, and around the great state of Texas. Please contact SMSH Partner Jonathan Harris via email at jharris@smslegal.com or toll-free at 1-800-282-2122 for a FREE AND IMMEDIATE CASE EVALUATION.

Two Men Injured in Helicopter Crash in Gulf of Mexico

mshaffer@smslegal.com (Blog Author)21245 — Thu, 05 Nov 2009 08:00:00 EST

Two offshore workers have been injured in a helicopter crash in the Gulf of Mexico, which left the craft crashing into the waters, about 75 miles southeast of Galveston.

The helicopter had taken off from a platform, and was on its way to another platform when it went down in the Gulf of Mexico. Luckily for the pilot and passenger, the helicopter's float deployed, preventing a disaster. The two men, who suffered severe back injuries, were rescued by boat, and transported to a hospital.

According to Louisiana-based Rotorcraft Leasing Company, it is still investigating the cause of the accident. Rotorcraft is a prominent supplier of chopper services to the oil and gas industry along the Gulf of Mexico.

Among the many responsibilities of an offshore employer is to provide workers safe transportation to and from oil rigs. This will include helicopter transport from shore to the rig, or between platforms. Every day, hundreds of offshore employees travel by helicopter between shore and platform, clocking hundreds of hours on these aircraft every year.

In fact, the offshore helicopter services industry is a competitive one, with helicopter transport firms vying with each other for lucrative contracts with these drilling companies. This creates a fiercely competitive environment, and unfortunately, regular maintenance of craft and training of pilots may lose out to the greed for more numbers of trips and greater profits.

Helicopter crashes can often be traced to

Malfunctioning helicopter parts as a result of poor maintenance
Pilot error
Operating a helicopter with excessive loads
Operating in adverse weather conditions
Poor design of the helicopter
Failure of manufacturers to warn of any defects in their aircraft

Can An Offshore Rig Worker Qualify as a Jones Act Seaman?

An offshore employee may meet the definition of a Jones Act seaman if he

1. If he is assigned to a rig
2. If the rig is in operation
3. If he contributes to the mission of the rig

A helicopter crash can therefore qualify as the basis for a personal injury or wrongful death claim by a Jones Act seaman.

It takes an expert maritime attorney to conduct an investigation into the causes of a helicopter accident, and hold persons or entities accountable for these injuries or deaths.

The maritime attorneys at Schechter McElWee Shaffer & Harris are trial attorneys representing commercial fishing vessel crew members, barge and tugboat operators, cruise liner crews, offshore and jack up rig workers, tanker and freighter crews and other workers who qualify for Jones Act seaman status, in injury and wrongful death litigation.

Lockhart, Texas Teenagers Killed in Truck Accident

sburke@smslegal.com (Blog Author)21142 — Wed, 04 Nov 2009 08:00:00 EST

Two high school students were killed last week and one more was injured in a truck accident on Texas 21 in Mustang Ridge in Texas.

Zared Castellan was traveling with her cousin Bernice Castellan and Deimie Castellan. They were on their way to confirmation classes at a church in Lockhart when their car was struck by an 18-wheeler. Zared and Bernice were killed at the scene of the accident, while Deimie was rushed to the hospital, where he remains in a critical condition.

This tragedy is one more reminder of the kind of dangers motorists face when they share their highways with tractor trailers. As Texas truck accident lawyers, we know that driving around or near a tractor trailer can be a challenge, but we don't believe it has to be fraught with risk.

Every year, an estimated 5,000 people are killed in accidents involving tractor trailers, 18-wheelers and semi rigs. Most of these accidents are entirely preventable. Typically, tractor trailer accidents can be traced to driver error, truck malfunction, driver fatigue, impaired driving, and in some cases, errors on the part of the motorist. The Federal Motor Carrier Safety Administration lays down strict guidelines for trucking companies. These rules govern hiring of employees, maintenance of trucks, and guidelines for safe operation of these massive vehicles.

Preventing Truck Accidents

This accident also reminds us of the need to be especially careful when we are on the road with 18-wheelers. As a motorist, it's important for you to know that a truck driver has blind spots which can prevent him from seeing you. Also, know that a tractor trailer takes a much longer time to come to a complete stop after the brakes are applied. Never tailgate a tractor trailer, and when you try to pass one, remember that the length of a tractor trailer can stretch up to 57 feet. Often, motorists underestimate the length of these rigs with devastating consequences.

NTSB Report Blames Texas Bus Accident on Tire, Guardrail Failure

sburke@smslegal.com (Blog Author)20855 — Sat, 31 Oct 2009 08:00:00 EST

As Texas personal injury lawyers, we have had plenty of criticism to level at federal agencies for their lack of oversight over the commercial motor coach industry. The National Transportation Safety Board is now joining in that criticism, calling out these agencies for their failure to act on several safety recommendations made in the past.

This week, the NTSB released its report on the Sherman bus crash last year that killed 17 people. The agency blames tire failure and a weak guardrail for the crash, and recommends steps that can be taken to prevent multiple fatalities again. In August last year, a charter bus with 55 passengers on board crashed off a highway bridge in Sherman, and fell about 8 feet below. 17 people died in that accident, and several were injured, many of them seriously.

The NTSB report has found that the crash was caused by a punctured tire that caused a tread separation. The agency is recommending that new buses come with tire pressure monitoring devices, instead of drivers conducting mere visual checks. The agency is also calling for better designs of guardrails, enhanced oversight of bus inspections and mandatory passenger restraints in buses.

There's special criticism reserved for the Texas Department of Public Safety which conducts vehicle inspections. The bus in the crash had actually passed an inspection just 8 days earlier, in spite of several flaws. The NTSB believes that the Texas DPS isn't doing enough to oversee inspecting facilities, and recommends more federal oversight.

Federal, State Agencies Have Failed to Implement Safety Recommendations, Thus Increasing Accident Risks

The NTSB recommendations are not binding, which is partly the reason why agencies like the FMCSA have been content to sit on several NTSB recommendations made over the decades. One recommendation made back in the sixties, calls for mandatory seatbelts on buses. Forty years, on, that recommendation remains just that - a recommendation, which the FMCSA has chosen to ignore.

As Texas bus accident lawyers, we fail to understand why it should take 40+ years for the FMCSA to act on having seatbelts in buses. It's plain to see that if the Sherman passengers had been restrained in their seats, they would have had a greater chance of surviving or escaping without serious injuries. Unfortunately, bureaucratic red tapism and official apathy failed these passengers, leaving them victims of a crash they could have so easily survived.

Albany Fishing Boat Murder: Does the Jones Act Cover Assaults?

mshaffer@smslegal.com (Blog Author)20769 — Thu, 29 Oct 2009 08:00:00 EST

A recent news report about a commercial fishing vessel co-owner, who was strangled to death by his partner on a boat trip, focuses attention on the issue of assault on a Jones Act vessel.

Earlier this year, Albany-resident John Adkins and Erin Dean Rieman brought a 48-foot fishing vessel together. In July, the two left for a trip to the Port of Ilwaco in Washington for boat repairs. Rieman claimed that Adkins disappeared after he went off on land. He was arrested this week, and charged with second degree murder and first degree theft in Adkins' disappearance.

That arrest came after a deckhand on the fishing vessel, Walter Bremmer, came clean about what had really happened on the boat. According to Bremmer, he saw Reiman beating up Adkins one night, smashing his head on the window and throwing him down the stairs. Bremmer told investigators that Rieman later used an extension cord to strangle Adkins to death.

Crimes, violent assaults, physical violence, beatings, even rapes - none of these are unheard of on a vessel. In fact, before the Jones Act came along, being physically harassed by other crewmembers or captains was almost an accepted part of a sailor's life. These sailors had no recourse to compensation, and could not hope to hold their crewmembers, captains or the boat owners accountable in any way for any injuries.

Unseaworthiness Claims May Include Assaults on a Vessel

Protection from assault by fellow crewmembers, masters or captains is included in the doctrine of seaworthiness of a vessel. Simply put, a seaworthy vessel must be reasonably fit to operate. "Reasonably fit" here will include competent crewmembers and a safe environment on the vessel. Under the Jones Act therefore, a seaman may be eligible to file a claim for unseaworthiness against the vessel owner, in case of an assault or rape.

Not every injury or death on a vessel will qualify for an unseaworthiness claim, and therefore, it is important that a seaman consult with a maritime attorney before making any decision.

The maritime lawyers at Schechter McElWee Shaffer & Harris are trial attorneys representing crew members of cargo ships, commercial fishing vessel crew members, barge and tugboat operators, cruise liner crews, offshore rig workers, jack-up rig workers, tanker and freighter crews and other workers who qualify for Jones Act seaman status, in injury and wrongful death litigation.

FMCSA to Review 11-Hour Trucking Rule to Prevent Fatigue-Related Accidents

sburke@smslegal.com (Blog Author)20696 — Wed, 28 Oct 2009 08:00:00 EST

The Federal Motor Carrier Safety Administration has reached an agreement with truck and auto safety groups and labor unions that could result in something that Texas truck accident lawyers have been calling for- a reduction in the number of consecutive hours long-haul truckers can drive.

Just before the Bush Administration vacated the White House, it passed a rule that increased the number of straight hours a trucker could drive to 11 hours from the earlier 10. These increased hours only magnified the chances of fatigued drivers causing serious accidents. That rule had been challenged by several consumer safety groups, the Teamsters union and truck safety groups. Now, the FMCSA has said that it will propose a new rule, which will be finalized within 9 months. There is no information yet on what kind of working hours these new rules will involve, but as Texas truck accident attorneys, we will be hoping for a drop to ten consecutive hours.

Earlier this week, we reported on the NTSB's recommendations to the FMCSA for mandatory sleep apnea screening for truckers. Sleep apnea is just one cause of trucker fatigue. The other equally important cause is driving long hours without a break. But, the trucking industry continues to insist that the 11-hour work rule has actually led to a decline in the number of truck accidents.

Be that as it may, we would all feel a lot safer if truckers operating massive 80,000 pound 18-wheelers are feeling fresh, relaxed, and rejuvenated while driving, not fatigued and drowsy after a long day behind the wheel. Every year, 5,000 people die in truck accidents across the country. In 2008, 441 people died in accidents involving large commercial trucks in Texas. Those numbers can only drop when we reduce pressure on truckers, and encourage them to live healthy, and drive safely. Lower working hours will do help do that.

The Texas truck accident lawyers at Schechter Shaffer McElwee & Harris represent injured victims of commercial truck, 18-wheeler and tractor trailer accidents in the Houston area, and around the state of Texas. Contact SMSH Partner Jon Harris at (800) 282-2122 or via email at jharris@smslegal.com for a free evaluation of your case.

Four US Companies Sued in Mexican Offshore Rig Explosion

mshaffer@smslegal.com (Blog Author)20631 — Tue, 27 Oct 2009 08:00:00 EST

A group of 17 Mexicans has filed a lawsuit against four American companies blaming them for an explosion on a deadly explosion on a mobile offshore platform. The explosion killed 22 workers and injured 63 people.

The entire case involves an explosion in the Gulf of Mexico on the 23rd of October in 2007. The mobile platform, Usumacinta, in the Bay of Camphene collided with a stationary platform leading to an oil and gas leak. Personnel on the Usumacinta tried to close the safety valve, but were unsuccessful. Employees on the platform were told that they would have to abandon the platform because the gas leak could not be stopped.

However, as the terrified employees began to prepare to abandon the platform, they found that the rough seas and strong winds quickly destroyed their lifeboats. According to the lawsuit, the workers spent up to 20 hours stranded about 16 miles offshore, waiting be rescued. Several drowned. At the time the platform exploded, there were 73 Petroleos Mexicanos employees on the platform.

The lawsuit blames Gulf Coast Marine and Associates Inc., Halliburton Company, Schlumberger Technology Corporation, Matthews-Daniel Company and Glen Carter. According to the lawsuit, Matthews-Daniel Company had been hired to conduct an assessment of the integrity of the seafloor and the safety of the environmental conditions under which the mobile platform would operate. The assessment made use of data from before 1990 that showed virgin seafloor, and failed to consider the 87 holes in the seafloor left behind by a previous rig. These holes made the seafloor extremely unstable.

Offshore Rig Workers May Not be Aware of Their Rights Under the Jones Act

There is a reason why jobs in the oil exploration and drilling industry come with salaries that are higher than land jobs for the same qualifications. These jobs tend to involve long and stressful hours, working on an offshore rig in the middle of, what can often be, rough seas and harsh weather conditions.

Even though this work is more dangerous than land-based jobs, employers can do much to make conditions safer for workers. Unfortunately, that doesn't always happen, and the lack of proper safety procedures can quickly become apparent during an explosion, leak or other catastrophe. A worker may only learn of his employer's abdication of his responsibilities when he meets with a maritime attorney.

The maritime lawyers at Schechter McElwee Shaffer & Harris are trial attorneys representing crew members of cargo ships, commercial fishing vessel crew members, barge and tugboat operators, cruise liner crews, offshore rig workers, jack-up rig workers, tanker and freighter crews and other workers who qualify for Jones Act seaman status, in injury and wrongful death litigation. Please contact me, SMSH Partner Matt Shaffer, at (800) 282-2122 or via e-mail at mshaffer@smslegal.com. You can also follow me on Twitter @JonesAct.

Diver Killed in Commercial Diving Accident in Florida

mshaffer@smslegal.com (Blog Author)20467 — Fri, 23 Oct 2009 08:00:00 EST

One of the most remarkable things about the Jones Act is the range of workers it covers, and as maritime lawyers, we may find ourselves talking to a cruise ship can-can dancer and an offshore rig welder on the same day, preparing to represent them as Jones Act attorneys! Other workers who may also be eligible for Jones Act seaman status are commercial divers.

Commercial diving vessels may be engaged in underwater exploration and surveys, or may undertake pre-construction research work for construction companies. Crew members of these diving vessels may also qualify as Jones Act seamen. In spite of major advances in marine underwater equipment and technologies, there are still hundred of diving accidents every year, that leave divers seriously injured or even killed. A commercial diver died in such an accident in Florida last week.

The diver was at work near a wreck site, about four miles east of Rodriguez Key when he fell unconscious. He was brought onto the boat, and the other crews alerted the Coast Guard. The CG rescue boat arrived at the scene, and personnel administered CPR, but the diver never recovered. Investigations into the accident are still going on.

Commercial divers may suffer a variety of injuries under water. There may be stings and bites from marine life, and most of the times, these may not be too serious. Other diving related injuries relate to barotrauma injuries that occur because of pressure. In their mild forms, these injuries may result in pain or "squeeze "of the ear and tooth.

Diver fatalities are usually linked to decompression sickness, in which there is a buildup of bubbles. Symptoms can range from mild ones like pain in the legs, to life threatening ones like respiratory difficulties, unconsciousness, numbness and disorientation. Any of these symptoms can quickly result in death, if appropriate treatment is not administered quickly. Most diving injuries fortunately can be prevented through proper training of the seaman, as well as by providing him the right kind of equipment. A lot also depends on assessing water depth and environmental conditions before a dive.

Not all divers will qualify for Jones Act seaman status. Recreational divers or even commercial drivers who are "freelancing" and are not assigned to the dive vessel, may not be included under the Jones Act. An experienced maritime lawyer can help determine if you fall under the purview of the Jones Act, and prepare your claim.

The maritime attorneys at Schechter, McElwee, and Shaffer & Harris are expert trial attorneys, representing offshore and jack up rig worker, barge crews, tugboat operators, commercial divers, cruise vessel crews, supply boat crews, freighter and tanker crews and other maritime workers who qualify for Jones Act seaman status. Please contact SMSH Partner Matt Shaffer for an immediate and FREE CASE EVALUATION 24/7 at 1-800-282-2122.

Two Women Killed in Truck Accident in New Boston, Texas

sburke@smslegal.com (Blog Author)20420 — Thu, 22 Oct 2009 08:00:00 EST

Two women have been killed in a truck accident near New Boston, Texas. Details are still emerging, but it appears that the two women were passengers in a Buick LeSabre, which was struck by an 18-wheeler. The Texas Department of Public Safety seems to blame the accident on the driver's failure to yield right of way. It's still too early to say what happened here, and a complete investigation will point to the causes of the accident.

Truck Accident Investigations Can be Complex

Investigating a truck accident can be a complicated process. These crashes may be caused by negligent drivers, irresponsible trucking companies, or careless motorists. Sometimes, they may be caused because of a design defect in a highway, or poor maintenance of a road. Many times, it's a combination of two or more of the above factors that can lead to an accident.

Victims who have been injured in an 18 wheeler accident, or families who have lost loved ones in such crashes, will find that their hopes for recovery rest solely on being able to identify the person or entity responsible for the accident. Not all victims realize that a trucking company has access to aggressive lawyers, who will rush to the scene of the accident, and will do all they can to minimize the company's liability. Victims may even be blamed for the crash.

For a victim, the accident could be his first one. The trucking company, on the other hand, has likely seen several collisions, and their lawyers will know how to protect the company from any liability.

Can Just Any Truck Accident Lawyer Litigate These Cases?

An experienced Texas truck accident attorney can help identify the factors that are responsible for the crash. This can involve interviewing witnesses, hiring experts, and conducting complex and thorough inspections of the tractor trailer to determine if malfunctioning truck parts led to the accident. Truck accident lawyers will also pore through trucking company records, as well as driver log books to ascertain that the trucker wasn't working for longer hours than allowed. Attorneys will also probe the past history and driving record of the truck driver to ascertain if safe hiring practices were followed.

Needless to say, all this can require heavy use of financial, legal and other resources. It's important to trust a large and established Texas trucking accident law firm that can allocate the kind of resources necessary to investigate 18 wheeler accidents, and stand by the victim through the long and stressful litigation process.

The Texas truck accident lawyers at Schechter, McElwee, Shaffer & Harris are expert trial attorneys, representing injured victims of truck, tractor trailer and 18 wheeler accidents in Houston, and around the great state of Texas. Please contact SMSH Partner Jonathan Harris via email at jharris@smslegal.com or toll-free at 1-800-282-2122 for a FREE AND IMMEDIATE CASE EVALUATION.

Safety Agency Calls for Sleep Apnea Screening to Minimize Risk of Truck Accidents

sburke@smslegal.com (Blog Author)20361 — Wed, 21 Oct 2009 08:00:00 EST

Every year, hundreds of truck accidents in Texas and nationwide, can be traced to fatigued truck drivers dozing off at the wheel. Often, driver fatigue is the result of a condition called sleep apnea, in which sleep is disturbed by frequent respiratory pauses, and the person, therefore suffers from tiredness during the daytime. While federal authorities and Texas truck accident lawyers have for long been aware of the fact that sleep apnea is a major contributing factor in fatigue-related accidents, there has been precious little done to address the problem. Most truck drivers who suffer from sleep apnea, continue to operate their massive tractor trailer rigs unaware that they suffer from a potentially dangerous health condition - one that can impact not just their own health, but also place other motorists in the vicinity at risk of an accident with the rig.

That is why it is deeply encouraging to Texas truck accident lawyers that the National Transportation Safety Board this week sent a recommendation letter to the Federal Motor Carrier Safety Administration advising that truckers be screened for sleep apnea. The NTSB recommendation addresses the issue of sleep apnea not just in commercial truck and bus drivers, but also pilots of ships, with a similar recommendation letter going out to the US Coast Guard.

Earlier this year, other similar recommendations were sent to the Federal Aviation Administration as well as transit system authorities around the country, advising that airline pilots as well as train operators be screened for the disorder.

It doesn't take rocket science to figure out that a tired and drowsy driver, who has spent much of the previous night in a disturbed sleep because of frequent respiratory disturbances, is at grave risk for an accident. Sleep apnea is dangerous enough when it involves motorists operating smaller passenger vehicles, but when it impacts the operator of a massive 18-wheeler, the results can be deadly. Any truck accidents caused when a tired driver loses control of his vehicle or plows into another vehicle, can have devastating consequences.

SMSH has previously noted this safety issue in another blog post HERE.

As Texas truck accident attorneys, we hope that this NTSB recommendation is only the first step towards mandatory screening and treatment of afflicted truckers and bus drivers. Please contact us at 1-800-282-2122.

Alaska Boat Crew Escape Without Injuries After Fire Accident

mshaffer@smslegal.com (Blog Author)20320 — Tue, 20 Oct 2009 08:00:00 EST

Fire accidents are just one of the hazards that a Jones Act seaman faces as part of his job at sea. Two men on a 55-foot boat in Alaska escaped without injuries after a fire engulfed their vessel in the Chatham Straits.

According to Captain Mike Worthington, the fire broke out in the engine room of his vessel, Alaskan Pride. There is no information yet on what caused the fire, but according to reports, it spread very quickly. Both Worthington and his lone deckhand tried to put out the fire, and when they couldn't, prepared to abandon the vessel. They put on their survival suits, placed a mayday call for assistance and got into the life raft. By that time, much of the vessel was already on fire. Making things harder for them were strong winds and choppy seas with 10-foot waves. Their call alerted a vessel belonging to the Alaska Marine Highway System nearby, and the two men were rescued from the life raft.

The survival of Captain Worthington and his deckhand Darren Manual is a testament to how safety training and the availability of proper safety equipment can help the crew of a vessel in an emergency. Captain Worthington himself says that they were able to escape the burning boat without injuries, because of his recent safety training classes conducted by the Alaska Marine Safety Education Association. The classes, he says, taught him all the things that helped him in an emergency.

Surviving accidents or emergencies at sea has a lot to do with the kind of training you receive. A Jones Act seaman, faced with an emergency at sea, may find that his chances of surviving without injuries, or surviving at all, are drastically reduced if he doesn't have access to life saving equipment, or hasn't been trained to use these properly. A vessel owner is required to make sure that his vessel is equipped with fire-fighting equipment, life rafts, life jackets, survival suits, EPIRBs and other life saving equipment. It's also important that seamen be trained to use these systems properly.

A Jones Act seaman who is injured either through lack of sufficient and well functioning safety equipment, or because of lack of training to use these, may be eligible not only for a Jones Act claim against his employer, but also for a claim of unseaworthiness against the vessel owner.

The maritime lawyers at Schechter McElwee Shaffer & Harris are trial attorneys representing crew members of cargo ships, commercial fishing vessel crew members, barge and tugboat operators, cruise liner crews, offshore rig workers, jack-up rig workers, tanker and freighter crews and other workers who qualify for Jones Act seaman status, in injury and wrongful death litigation. Please contact us at info@smslegal.com for a free evaluation of your maritime injury case.

A Jones Act Seaman has the Right to Immediate Medical Attention

mshaffer@smslegal.com (Blog Author)20064 — Thu, 15 Oct 2009 08:00:00 EST

Sometimes in our practice as maritime lawyers, we come across Jones Act seamen who have been injured or fallen ill while at sea, and had their injuries or illnesses exacacebated because of delayed, or lack of, medical attention. Providing emergency medical care to an injured worker, as well as ensuring that he is airlifted to shore, if necessary, so he can receive better treatment, is the responsibility of an employer.

Earlier this week, the Coast Guard airlifted a crewmember of a commercial fishing vessel off the coast of California, after he suffered a stroke. The 62-year-old worker was in urgent need of medical care. He was airlifted to a hospital in California.

Illnesses can strike suddenly and unexpectedly. These can cause enough anguish when they occur on land, but when they occur to a fishing vessel crew member or any other kind of Jones Act seaman at sea, the agony can be unimaginable. These workers spend long days and weeks at sea far from their loved ones, and with little emotional support. When they do fall ill or are injured, it's the employer's responsibility to ensure that the injured crewman receives immediate and effective medical care. It's part of his rights to "cure" under the Jones Act and it's absolute, meaning that a worker is entitled to these rights even if he was partly at fault in the accident.

Can Medical Negligence be the Grounds for a Jones Act Claim?

Failure to offer medical care to an injured or sick crewmember can be the grounds for a Jones Act claim. In order to pursue a claim however, the crew member must first meet the definition of a Jones Act seaman. This means that

He must be assigned to a vessel.
The vessel must be in navigation.
The seaman must contribute to the function of the vessel.

Determining whether you qualify as a Jones Act seaman can be extremely complex, and is just one of the many issues that can be resolved with the help of an expert maritime attorney.

Trucking Association Supports Texting Ban to Prevent Accidents

sburke@smslegal.com (Blog Author)20023 — Wed, 14 Oct 2009 08:00:00 EST

Texting while driving is one of the most dangerous activities a truck driver could be indulging in, as any Texas trucking accident lawyer will tell you. The American Trucking Association this week voted to back a new bill that will ban texting by all drivers.

The bill, called the Avoiding Life Endangering and Reckless Texting by a Driver Act had been introduced by Senator Charles Schumer (D-NY). Under the bill, states will have to enforce texting bans, and those that don't, may lose 25 percent of their annual federal highway funding.

The bill was born out of several recent accidents that involved operators busy with their cell phones. Last year, a Metrolink train crash in California was traced to the operator of the commuter train texting with a rail fan in the minutes before the crash. Earlier this year, a Boston trolley operator, who was texting while at the wheel, caused an accident that left at least 50 passengers injured. Then in August, researchers at the Virginia Tech Transportation Institute installed video cameras in truck cabs, and found that truckers who were texting were up to 23 times more likely to be involved in the accident.

The American Trucking Association has had no choice in the light of all this evidence, but to support any bill that bans texting while driving. However, it has yet to take a firm stand against the use of computers in trucking cabs. These computers, which consist of a screen and a small keyboard, are used by trucking companies to keep in constant touch with truckers, and to send messages and orders. Truckers are required to pull over the truck before they use the computer. However, as Texas truck accident lawyers know, that doesn't always happen. The result is that motorists in the vicinity are at an increased risk of an accident because of the operator of a massive tractor trailer rig is busy with his computer.

The Virginia Tech Study found that texting was a much bigger distraction for truckers than using computers. However, truckers are also more likely to use their computers than text at the wheel. As the New York Times reports, trucking companies continue to insist that the computers are less of a distraction than cell phones.

The Texas truck accident lawyers at Schechter McElwee Shaffer & Harris often see how accidents are caused by inattentive or distracted truckers. Ultimately, to a truck accident victim, it matters little if the trucker was distracted because he was text messaging or if he was engrossed in his computer. If we intend to make Texas highways safer for motorists, we should be cutting down all distractions that truckers face, and that includes computers.

Tugboat Worker Killed in Fall Accident in Houston Ship Channel

mshaffer@smslegal.com (Blog Author)19926 — Tue, 13 Oct 2009 08:00:00 EST

Fall accidents are some of the most frequent, yet most serious, accidents that maritime lawyers encounter. A tugboat worker was killed in such an accident last week while he was working on a tugboat docked in the Houston Ship Channel.

According to news reports, the accident occurred at about 10:15 am last Thursday. The man was apparently working on the tug, and climbed a ladder to an upper deck. There is no information on how the accident occurred, but he was found on a lower deck a few moments later by another worker. He was declared dead soon after.

Fall accidents are some of the most preventable work hazards facing a Jones Act worker. There may be any number of ways that workers are injured or killed in falls on a vessel. There may be

Falls from an elevated deck
Falls from ladders
Falls as a result of grease-covered or slippery work surfaces
Workers on some kind of Jones Act vessels like commercial fishing vessels may be at a greater risk of fall accidents, because of decks and other working surfaces that are covered with grease and fish gurry.

All these accidents are entirely preventable.

Crew members on a vessel must have access to ladders and other equipment that are sturdy and safe to use.
Work surfaces must be free of obstructions.
Workers must be trained to perform their duties safely in order to prevent falls. They must be trained to operate machinery and equipment properly to prevent trips and slips.

Unfortunately, employers often try to cut costs by compromising safety procedures, thereby placing workers' lives at risk. Families of those injured or killed in such accidents may find it hard to receive answers to their questions. In such cases, it's always advisable to seek the expertise of an experienced maritime lawyer who can help you understand your rights under the law.

The maritime lawyers at Schechter, McElwee, Shaffer & Harris represent injured maritime workers and Jones Act workers in Texas, and across the country.

Who Qualifies For Compensation Under the Jones Act?

sburke@smslegal.com (Blog Author)17534 — Thu, 27 Aug 2009 08:00:00 EST

The Jones Act is a US maritime law that has been designed to make sure that all employees and members of the crew of any water vessel are protected against serious injuries due to negligence of the employer. Individuals who work aboard a ship or any type of water vessel are exposed to higher risk of personal injury or even death, particularly if the employer does not provide the right equipment or safety measures to ensure the well being and protection of everyone onboard the ship. This federal maritime law makes sure that everyone who works on a sea vessel, from the captain to the crewman, will have comprehensive coverage if he is injured or has died due to employer's negligence.

So who are qualified to get compensation under this maritime law? The Jones Act does not discriminate. You should know that you will have protection even if you work as a wiper, deckhand, cook, fish processor, housekeeper, engineer, mate, janitors, receptionists or anyone who works in any part of the ship. You are also protected by the law if you work aboard barges, tug boats, commercial fishing vessels, tour boats, tankers, tour ships, cruise ships. Not only crewmen working aboard ships and boats navigating the sea are protected by this law as even those who work in water vessels that travel in lakes, rivers, bays and other bodies of water also get coverage.

Occupational and vocational retraining, past and future medical costs, past and future lost wages, past and future suffering and pain (including psychological suffering) are some of the damages that are covered by the Jones Act. It is worth noting that there are many instances when a person's ability to work is hindered by serious illnesses or injuries. If this is the case, seafarers or mariners are entitled to damages for loss of employment or earning capacity if the serious injury incurred by the employee is proven to be due to the negligence of the employer.

Under the Jones Act, the employer of any person working aboard the vessel must ensure that the working condition in the ship is safe and is not exposing any member of the crew to injury. This means that the employer has to take precautionary measures, provide proper safety gears and equipment to prevent accidents and injuries. It is also worth noting that mariners are also protected by the law when they are injured due to negligence in the part of their fellow crew members.

If you or someone you know has been injured while working offshore, please CONTACT SMSH to find out your rights. Our firm has years of experience litigating claims within the maritime and longshore fields. SMSH Partner Matt Shaffer may be reached at (800) 282-2122 or via email at mshaffer@smslegal.com.

Swine Flu Lawsuit Planned Over First Death

sburke@smslegal.com (Blog Author)17093 — Tue, 18 Aug 2009 08:00:00 EST

The family of the first victim to die of the swine flu in New York City has filed notice of intent to file a wrongful death lawsuit against the city for failing to promptly report the outbreak and warn of exposure.

Notice was filed by the family of a 55-year-old victim of the H1N1 flu virus, more commonly known as the swine flu. He was not only the first death, but also the first reported serious case of swine flu in the city.

The swine flu lawsuit is expected to allege that the city failed to put adequate controls in place to prevent a widespread outbreak and failed to inform the deceased that he was in contact with subjects who had already been diagnosed with the H1N1 flu. The family also intends to allege that the city failed to spread adequate information about health conditions that would contribute to risks of the virus and failed to provide a safe working environment for school employees.

The swine flu lawsuit is the first wrongful death claim presented against the city as a result of the outbreak, but it is not the first swine flu illness lawsuit the city has faced. According to the New York Times, an inmate at Riker’s Island prison, filed notice of a claim in June citing mental anxiety caused by the flu outbreak.

The notice of wrongful death lawsuit was filed by the deceased's wife and three sons, seeking $40 million in compensation.

If you or someone you know has been adversely affected by the H1N1 virus/"swine flu," please contact SMSH Partner Jonathan Harris for a free evaluation of your case. Mr. Harris has recovered millions of dollars for injured clients and their families. You can call us toll-free at (800) 282-2122 or click here to contact us now.

More Americans die each month of preventable medical injuries than died in terrorist attacks of 9/11

mshaffer@smslegal.com (Blog Author)16910 — Fri, 14 Aug 2009 08:00:00 EST

Texas law requiring adverse reporting of medical errors no longer exists. No public reports are issued concerning hospital mistakes. Patients in Texas have no real idea what hospitals are safe, what issues hospitals have had. How can a patient make an informed decision about their own healthcare when accurate public information is not available?

There is a direct link between Texas caps on medical malpractice damage awards and an injured patient’s inability to bring a medical malpractice claim. While the cap reduced the number of cases filed, it in no way affected the amount of medical negligence. SMSH attorneys and others now accept far fewer malpractice cases even though the call volume has stayed the same. So now, malpractice incidents are neither reported publicly nor come into the public eye through litigation.

As the Houston Chronicle reports, "in Texas, there is no conclusive evidence of which doctors and hospitals are committing errors, or what kinds of errors are being made." The article also notes "After the $250,000 cap was imposed, the number of complaints against Texas doctors to the Medical Board rose from 2,942 to 6,000 in one year. More than half of those complaints were about the quality of medical care."

If you or someone you know has been injured or killed due to the result of medical negligence, please contact SMSH Partner Matthew D. Shaffer for a free evaluation of your case. Mr. Shaffer has handled many medical malpractice cases for Plaintiffs. He also comes from a background of defense work, with significant knowledge of defense strategy that he uses to get the best result possible for injured patients and their families. You can also e-mail Mr. Shaffer at mshaffer@smslegal.com for immediate attention.

Towboats collide near High Island

mshaffer@smslegal.com (Blog Author)16738 — Tue, 11 Aug 2009 08:00:00 EST

The Houston Chronicle is reporting that a collision between two tugs towing barges near High Island today closed the Intracoastal Waterway.

No injuries were reported in the predawn collision, according to a statement issued by the U.S. Coast Guard in Port Arthur.

The Coast Guard says the vessels were towing barges near the Texas 124 bridge when they collided. The Caroline began taking on water, so its five-member crew abandoned ship to the nearby tug Redeemer. Then, the Redeemer crew helped to secure the Caroline's five barges, which contained lube oil.

The Coast Guard says the Caroline partially sank in the canal, so booms were set up to contain a minor oil spill.

A Coast Guard spokeswoman says there was no damage to the Miss Stacie nor injuries to its crew.

If you or someone you know has been injured while working offshore, please CONTACT SMSH to find out your rights. Our firm has years of experience litigating claims within the maritime and longshore fields. Mr. Shaffer may be reached at (800) 282-2122 or via email at mshaffer@smslegal.com.

Maritime Workers Beware of Employers Offering Trick Benefits!

mshaffer@smslegal.com (Blog Author)15667 — Wed, 22 Jul 2009 08:00:00 EST

Many attorneys we work with have reported an awful scam going around from maritime employers to their employees. The employer will offer an employee "benefit" to employees who have been with the company for a length period of time. This "benefit" is called a stock unit agreement or incentive compensation plan or something along those lines. Employees are advised of this plan via letter and told to go to a web site to get their earned reward.

The electronic document ultimately generated by the web site has a lot of really nice language in it where the company will award its employee stock, etc. It sounds like a great employee incentive program until you get to some very hidden language about terms and conditions.

Basically, if the employee accepts the stock options/benefits being offered, one of the terms and conditions of acceptance involves an arbitration agreement that is buried in the document. If you accept these benefits, you will BIND yourself to this hidden arbitration agreement which covers and and ALL disputes arising from your employment. BEWARE! You waive your right to a jury trial in state or federal court and allow this arbitration agreement to serve as the sole means of resolving your dispute (specifially spelling out Jones Act claims are included).

If you or someone you know has signed on for this scam, please call Dennis McElwee at SMSH and find out your rights. Mr. McElwee has years of experience litigating claims within the maritime and longshore fields. He may be reached at (800) 282-2122 or via email at dmcelwee@smslegal.com.

First Potential Lupus-Specific Treatment in Sight!

sburke@smslegal.com (Blog Author)15554 — Mon, 20 Jul 2009 08:00:00 EST

Today, Human Genome Sciences (HGS) and GlaxoSmithKline (GSK) announced positive results from a year-long clinical trial of BENLYSTA for treating lupus. When the 52-week study concluded, the lupus patients who were treated with BENLYSTA had improvement. The patients receiving BENLYSTA also were able to reduce their intake of steroid medications. The study is the largest ever for lupus.

With no new drugs for more than 50 years, The Lupus Foundation of America is greatly encouraged by the results. An estimated 1.5 million Americans and more than 5 million people worldwide live with lupus.

Should the FDA ultimately approve BENLYSTA, it would become the first drug successfully developed to treat lupus since the disease was discovered more than a century ago. Assuming positive results in November from second Phase 3 trial of BENLYSTA, companies plan to submit marketing applications in the U.S., Europe and other regions in the first half of 2010.

Fore more information on BENLYSTA click HERE.

If you or someone you know has been denied long-term disability benefits for their claim for Lupus, please contact Stacey Burke of SMSH at (800) 282-2122. Stacey is currently reprepsenting clients with denied claims for Lupus and other auto-immune diseases.

Idaho's Aggressive Driving Program to Combat Commercial Trucking Accidents

mshaffer@smslegal.com (Blog Author)15514 — Sun, 19 Jul 2009 08:00:00 EST

Aggressive driving is a problem in any state, but in Idaho, the police are taking specific action to combat it. Specifically, police are seeking to curb aggressive driving related to commercial trucks.

Officers from the Idaho State Police and the Bingham County Sheriff's Office will ride along in a commercial truck on I-15 from Pocatello to Idaho Falls. If they see someone tailgating, cutting in front of trucks, or driving aggressively, they will contact other officers to pull them over.

Troopers will give some warnings, but you could face a $75 following too closely ticket, or reckless driving citation.

The aggressive driving program will run throughout the rest of the summer.

If you or someone you know has been injured or killed as the result of an accident with either an aggressive driver or a commercial truck or 18-wheeler, please contact Jonathan Harris of SMSH at (800) 282-2122 or jharris@smslegal.com for a free evaluation of your case.

TX DWC Offers Information On Protection Against Heat-Related Illnesses

sburke@smslegal.com (Blog Author)15274 — Tue, 14 Jul 2009 08:00:00 EST

The Texas Department of Insurance, Division of Workers’ Compensation (TDI-DWC) urges Texas employers to help prevent heat-related injuries and illnesses. Dangers exist for people working outdoors, such as sun-damage to fatal conditions.

In 2007, according to the Census of Fatal Occupational Injuries (CFOI), heat-related illnesses resulted in three work-related fatalities in Texas, exposure to environmental heat was a factor in 280 work-related nonfatal injuries or illnesses requiring days off from work, and the highest number of nonfatal heat-related incidents occurred with workers engaged in installation, maintenance and repair (130).

You can download information regarding the prevention of heat-related injuries HERE.

If you or someone you know has suffered a heat-related injury while working, please contact Jonathan Harris for a free evaluation of your case at (800) 282-2122 or via email at jharris@smslegal.com.

Report says TWIC has cost 10,000 port workers, others their jobs

mshaffer@smslegal.com (Blog Author)15272 — Tue, 14 Jul 2009 08:00:00 EST

Most major U.S. ports now require the Transportation Worker Identification Credential (TWIC) for various workers after the Transportation Security Administration began enrollment and enforcement during the last year.

At least 10,000 jobs have been lost due to delays and hangups in the TWIC system, according to a study by The National Employment Law Project. The study says TSA background checks left workers unemployed for 69 days on average as the agency sorted out criminal records and immigration status of TWIC applicants.

The report also says:

Workers challenging initial TWIC denials waited seven months for their TWIC.
White workers were approved within six months, on average, while black workers waited 200 days on average and Latino port workers waited an average of 243 days.
Of the 54,000 initial denials issued by TSA, 13,148 of the applicants never filed an appeal. “Given that almost 100 percent of workers who file appeals and waivers are successful, it is likely that these 13,000 denials could have been reduced,” the report states.

If you or someone you know has been injured while working offshore, please contact Matt Shaffer for a free evaluation of your case at (800) 282-2122 or via email at mshaffer@smslegal.com.

The federal Mine Safety and Health Administration cites 3 companies for fatal trucking accident

sburke@smslegal.com (Blog Author)15215 — Mon, 13 Jul 2009 08:00:00 EST

A novice truck driver in West Virginia was thrown from an overloaded dump truck he was driving and was run over by its rear wheels when the truck hit a berm.

"The accident occurred because the truck was not properly maintained and had numerous safety defects," MSHA said. "The truck was missing a seat belt, the door latches were missing, and a critical transmission component was broken."

"Additionally, the victim was not properly trained and sufficient management oversight was not provided to assure safety defects were corrected prior to placing the truck into service."

The report listed 12 separate mechanical problems with the truck and noted the driver had just 16 of the minimum 24 hours of training required by federal regulations. The agency also estimated the truck's loaded weight at 73,560 pounds, well above its rated capacity.

MSHA issued numerous citations to three different trucking companies. All the citations covered mechanical problems and the driver's lack of training.

Losing a loved one in an accident is a devastating experiences. The attorneys of SMSH have extensive experience dealing with traumatic, catastrophic injuries and wrongful death cases. Please contact SMSH Partner Jonathan Harris for a free consultation about your trucking accident case.