18-Wheeler Accidents: Your legal perils after the crash

 Few incidents are more frightening than being seriously injured or losing a loved one in an 18-wheeler accident. If the unthinkable happens, there are important steps to take – and mistakes to avoid – to protect your rights and receive just compensation.

· Reach out for the appropriate medical help. In addition to your immediate medical needs, a family physician may be one of the best sources to find out what type of doctor you or a family member may need. If you are already seeing a specialist, be sure to contact an independent medical professional and ask about the specialist’s reputation. Mitchell, Goff and Mitchell, LLP, has years of experience in dealing with medical professionals and can help.

· Get the facts. Truck operators know the value of the prompt investigation of serious accidents and will have someone on the scene shortly afterward to gather the facts. You or a family member should notify your insurance company as soon as possible after the accident and ask them to make a prompt investigation. If possible, get the names of any witnesses, including those of any investigating police officers or the agencies they represent. Don’t try to take detailed statements, instead focus on getting their names, addresses and phone numbers.

· Do not try to settle your case yourself. Adjusters are professionals, but they will not necessarily look out for your interests. Find out if the adjuster represents the trucking company or your insurance company. If the adjuster represents the trucking company, get a business card and tell the adjuster that your attorney will be in contact. If the adjuster presses for the name of your attorney, be polite, but firm, and just repeat that your attorney will contact the adjuster. If the adjuster insists that you provide a statement, make sure that your attorney is present.

· Contact an attorney. After a serious 18-wheeler accident, you or a family member will need an attorney to represent your interests. In most cases, a competent attorney will represent you based on being paid a contingency fee – a legal fee that will be paid based only if there is a settlement. The attorney will conduct a thorough investigation, including acquiring accident-scene photos, the measurement of skid marks and witnesses’ statements, as well as preserve evidence and expert-witnesses’ reports. Mitchell, Goff and Mitchell, LLP, are experienced attorneys in handling truck accident cases. If we take your case, one of the named partners will represent you or your loved one. We never pass cases to another firm as a matter of routine.

· What the attorney should do. Depending on the facts, it is sometimes necessary to impound the 18-wheeler and other vehicles involved in the accident. Truck owners have a duty to properly maintain their equipment. This makes the truck’s owner liable for damages caused by improper maintenance. The truck’s manufacturer may also be liable if the truck’s equipment fails. When possible, this evidence should be preserved for trial or inspection by qualified experts. It is not unheard of for a trucking company to move a truck out-of-state to make discovery more difficult, so prompt action is necessary. It is also frequently necessary for the attorney to obtain expert witnesses who can testify as to cause of the accident. It is always necessary to have medical evidence that will connect you or your loved one’s injuries to the accident, including the cost of past and future medical expenses. The attorneys with Mitchell, Goff & Mitchell, LLP, have years of experience with both types of witnesses and will present your case is the best possible light.  

Free Consultations - We Can Help.

If you have been injured, it's difficult to know what to do next. Before you sign anything from the insurance company or accept any offers, take advantage of a free consultation to understand your options. We handle cases on a contingency basis, meaning we are paid a percentage of the money we recover on your behalf. So if we are unable to secure a recovery on your behalf, you owe us nothing.
Call our office at 214-651-8218 or submit your case via email by clicking here.

So you think you want to hire a lawyer.

What to do before you have your initial visit with an attorney on a personal injury case?

Visit the web site for the State Bar of Texas. With the name of the attorney you can find the information the attorney must furnish to the Bar. If he has had any public discipline against him you will find it here.

Visit his web site and spend some time there to learn as much as you can about him. The web site for the State Bar of Texas has a link to the attorneys web site.

Talk to anyone who you know he has represented.

Ask the attorney what to bring to the meeting and if he will furnish a copy of his standard retainer agreement. If the attorney does not use a retainer agreement, look for another lawyer.

Gather all of the medical bills relating to the injury or the names, addresses and phone numbers of your doctors and where you were treated.

Gather all papers you have relating to the accident including any letters from the adverse insurance company or your insurance company and a copy of your insurance policy.

Don’t worry if you cannot get all of this information before the initial meeting, you will be able to get it later, but the more information the attorney has, the quicker he can get your case resolved.

What to ask before your hire an attorney to handle a personal injury case and why.

Does the attorney furnish a written retainer agreement?

This case may prove to be the most important thing in your life. It is going to take a great amount of time. It will involve thousands of dollars, if it doesn’t then you shouldn’t bother with it. You have not had business dealings with the attorney. The relationship must be covered by a written document.

Does the retainer agreement cover:

               What the attorney agrees to do.

What you will be expected to do..

Legal fees and related expenses.

Payment schedule.

If the retainer is not a pure contingent fee agreement when will your payments be due.

The steps you must take to dissolve the professional relationship. The process if the attorney decides to dissolve the relationship.

If you do not understand the retainer agreement, request the attorney to explain it. If you still do not understand it, have it reviewed by someone that understands it or by another attorney. You should expect to pay an hourly fee for an attorney to do this, but it will be money well spent.

If the attorney will not furnish a written agreement, run for the nearest exit. You do not need to go any further on this list until you find another attorney to talk to.

Will the attorney accept your case on a contingency fee basis?

On a personal injury case if the attorney will not agree to handle the case on a contingent fee, that tells you a lot about the value of your case. If it is not worth his time, then it is not worth your time either.

Do the attorney charge a retainer fee (that’s money up front)?

Again if the attorney does, it  tells you that either liability is weak or if the liability is strong, that the collectability of a judgment is small. If you have unlimited funds, this is probably the least expensive way to get a suit handled. It does require a detailed examination of liability and the collectability of a judgment. These are probably beyond your ability to emotionally or intellectually to handle. Get an independent third party, perhaps, another attorney to evaluate the case.

What is the attorney’s  educational background?

All attorneys have an undergraduate degree and a law degree (J.D.) A lot of good attorneys go to not so highly ranked law schools, but where they chose to go to school may tell you something about them. First, law schools are selective. They pick their applicants on their undergraduate grades, their score on the LSAT examination, sometimes a writing on why they want to be a lawyer and a personal interview. If you do not know how law schools rank (U. S. News and World Reports), you might want to look them up especially young lawyers who may have a thin resume. With older lawyers, it probably doesn’t make much difference. A listing of the ranking of law schools is found here

Describe the continuing education courses you have taken in the past five years?

All attorneys, at least till they reach 70, must take 15 hours of CLE courses per year. Lawyers who have a specialty certification must take even more. All hours over the minimum are a plus. It shows the lawyer is trying to keep up on developments in the law. The type of courses he takes tells something about the type of law in which he concentrates. If all his courses are in real estate law, you probably don’t want to hire him on a personal injury case.

How long have you been in practice?

This gives you some idea of his experience, but the results obtained tells you more.

What is your experience as a trial attorney?

Something of a loaded question. I had an opposing attorney tell me that he had never lost a trial. My response was, “Then you must be settling cases you should have tried.” If the attorneys on both sides of a case are doing their jobs, then the results should be fifty/fifty. Granted that some attorneys are better than others, judges have estimated that lawyers affected the result in cases only ten percent of the time. Still, it helps to know whether the attorney knows what he is doing or is a newby.

What personal injury claims have you settled?

This is another question that tells you something, but must be used carefully. A lawyer who has settle a large number of cases may have done so by giving them away. A lawyer with a smaller number of settlements may be trying to get the top dollar for his clients cases. This takes time.

Do you represent insurance company or business interests?

Another question to help you decide if the lawyer will give your case the time and attention it deserves. A lawyer who represents insurance companies or business interests may not be your best choice, but some good attorneys for a plaintiff may occasionally represent an insurance company or a business.

Will you furnish a list to typical clients?

You probably will want to avoid attorneys who do not typically handle your type of case. First, they probably will want to refer it to another attorney. Second, if he plans not to handle the case, he probably will charge a higher fee to cover the referral fee, he will take on the case. Although the ethical rules require that he continue do work on the case and retain responsibility to you, the attorney who plans to handle the case to the conclusion, would probably do the same work without charging for it.

Are you the only attorney who will handle your case, or do you have an associate with whom you would share the case?

In many larger firms, the “name” attorney will hand off a smaller case to an associate or have him handle some parts of the case. There is nothing wrong with a division of duties. It often gets a better result for the client. “Two heads are better than one”, but you need to feel comfortable with all the attorneys that work on your case.

Will my case go to trial?

If the attorney is honest, he will say, probably no. A very high percentage of cases are settled without a trial and that is how it should be and is usually in the best interest of the client. However, you may want to prove a point with your lawsuit. If that is the case, you should make it clear to the attorney before he starts the case.

If I wish to avoid going to trial by accepting a lower settlement than you think we can recover, will you honor that wish?

If he will not commit to this proposition, then you should look elsewhere. Going to trial will take a great deal of your time and emotional energy. You are the best guide as to what that is worth.

If I wish to reject a settlement offer the attorney thinks is fair, will the attorney go to trial for a larger amount?

The attorney should agree to follow your wishes. He should explain in detail why he thinks you should accept the settlement. If he thinks you are being unreasonable, then he should withdraw.

Are there any additional fees or potential expenses of which you should know? 

If the case is going to be handled on a contingent fee basis, then all costs and expenses should be borne by the attorney. Do not agree to pay for any of the costs or expenses, except in return for a reduced fee. You can get nickeled  and dimed to death. In any event any costs or expenses for which you are responsible should be spelled out in detail with a detailed accounting for them. The ordinary contingent fee contract includes general office overhead, rent, letters, paper, phone calls, etc. Normal overhead expenses are usually included as part of the contingent fee.

DallasPersonalLawyer

Trooper injured in collision

As reported by Tanya Eiserer with the Dallas Morning News on Feb. 8, 2013, a Texas Department of Public Safety trooper was injured in crash in McKinney in a two vehicle accident. He is in stable condition after being pulled from his car.  According to authorities the trooper was westbound on U.S. 380 having turned around to pursue a traffic violation when a pickup pulled out of a driveway in front of him. He was unable to avoid the pickup. The driver of the pickup was also injured. Since the trooper had his emergency lights flashing the driver of the pickup must not have looked before entering the roadway.

Before entering a roadway one much exercise great care by looking in both directions. It is difficult to estimate the speed of an approaching vehicle, therefore extreme caution must be exercised in this maneuver. Will a few seconds waiting till the roadway is clear make that much difference to you?

DallasAutoAccident attorney. 214 651 8218 

SHOULD YOU SETTLE A PERSONAL INJURY CASE WITHOUT AN ATTORNEY?

Assume that you have been injured in an car accident that is the other drivers fault. The insurance adjuster for the other driver wants to pay you money in return for a release of liability. Should you contact an attorney? Certainly.

First, most attorneys that handle personal injury cases, will review your case and give you an evaluation for free. In addition they will if they think the case is worthwhile, represent you on a contingent fee basis. This means that they will take as their fee a percentage of the amount that they get for you. Talk about a win, win situation.

Second,  who knows more about what a case is worth. The adjuster who has made you the offer. It is a safe bet that he has offered you less than it is worth, that after all is his job.

Third, you may be liable to give some of that money to your employer’s group insurance company, or in the case of an injury on the job its workers compensation insurance company or the hospital who treated you. This is called subrogation. You should have an attorney who represents you evaluate and negotiate those claims. Normally, the attorney will not charge for this service and it can save you thousands of dollars.

You have the ability with a visit to an attorney’s office to get the help you need to protect yourself and your family. Take it.

Ben A. Goff, personal injury attorney.

CHECK LIST FOR APARTMENT SECURITY

·         Is the apartment complex in a watch list of the police department? Some cities maintain a list of apartment complexes that the policy consider problem locations. See if the complex you are considering in on such a list. If the police will not give you this information, ask the manager. Talk to people who live in the area to see if it is a center on crime.

·         Are the grounds will maintained? Over flowing trash bins, broken fences  or un-mowed grass are evidence of generally poor management and good management is the first defense in apartment security. If management takes care of the details, then they probably take care of the major items.

·         Is the parking area secure? A fenced parking area is good, but a secure gate is better. If the parking is underground or above ground, both are better that a ground level parking. Ask if they are patrolled by security guards. If there are security cameras, this is a plus. If they are fake, this should end your search. Ask to see how they work. If there is a storage area it should be as secure as the garage.

·          Is it possible to enter the building without using a key or pass code? If the door will close automatically and quickly this is a good security feature.

·         Is the door to the apartment door steel? Wooden doors are pretty, but do not offer much protection. If there is a dead bolt, not a chain, this is better. Push button locks do not furnish much protection. If it breaks notify the manager in writing to replace or repair it.

·         Are the windows protected with secure latches?  This is particularly necessary for first floor apartments.

·         Does the apartment have fire or smoke alarms? Almost as important, do they work. They usually have a button to push to test them. Use it. After you move in continue to use it monthly.

·         Are workout rooms and swimming pool as secure as the apartments? Remember the security system is only as good as it’s weakest link.

      What type of people live in the conplex? Your greatest danger may come from the people who live in the same complex. Don't be afraid to ask.

This list is only a place to start to get you thinking about security. I’m sure you will think of other items to add to your list. They are just illustrations of holes in security that have come up is cases we have handled. Good luck in your apartment hunting. I hope you do not need us.

Ben A. Goff

http://mitchellgoff.com/

Greek President Charged with Sexual Assualt

According to the friday Dallas Morning News the president of the Sigma Phi Epsilon campus chapter was charged with sexual assualt of a male. This is the 10th sexual assualt on the SMU campus since 2009. He has been released on $25,000 bond. The secret rituals of Sigma Phi Epsilon are prublished on Wikileeks. A google search of greek fraturaties and sexual assualts will lead to an assortment of problems the Greeks are having around the nation.

PREMISES LIABILITY CLAIMS THAT ARE NOW MEDICAL CLAIMS

Recent developments have greatly expanded the scope of the Health Care Liability Act to include claims that have been considered as premises liability claims in the past.

            Claims by employees of a hospital who was not a subscriber (did not carry workers compensation insurance) are Healthcare Liability Claims. 
Tex. W. Oaks Hosp., LP v. Williams, Texas Supreme court, 2011), although the employee was not a patient at the hospital. The Texas Medical Care Liability Act requires that the plaintiff fie a supporting medical report supporting the claim and such a report was not filed, therefore the plaintiff takes nothing. 

          A patient gets bitten by a spider in the hospital, now a HCLC.Omaha Healthcare Center, LLC v. Johnson, Texas Supreme Court, 2011. 

          Slip and fall claims in a hospital, now a HCLC claim. Harris Methodist Fort Worth v Olie, Texas Supreme Court, 2011.
          For a more complete discussion of reports in HCLC claims and the contents of these reports is found in onecle,  TEX.CIV. PRAC.AND REM.CODE § 74.351 The claims included in the scope of the HCLC are broader than just hospitals and include any claims under the health care liability act. The HCLA also caps the damages that can be recovered. 

Parkland fined 1 million dollars.

The state of Texas has fined Parkland Memorial $1 million for patient-safety failures. The fine covers a period from January 2011 and May 2012. It has been reported that this is the largest hospital fine in Texas history. The fine covered a failed knee replacement that resulted in the amputation of Jessie Mae’s leg and the death of George Cornell. There is a question of whether the person who signed the agreement for Parkland had authority to do so according to DallasNews.com. The complete agreement can be found at  http://www.scribd.com/doc/104551028/DSHS-Parkland-Agreement.

Thanks to our Republican Texas Tort Reform Act Parkland may not have had any liability to the injured parties. It is difficult, if not impossible, to sue a governmental unit even for the most egregious acts of negligence. Of course, if any of the individuals involved think they may have a case, they should have it reviewed by an experience malpractice attorney. This should be done  two years from the date of injury if possible. These statements should not to be considered as legal advice or to create any contract of representation between any person and the writer.

Woman found dead in Oak Cliff

Cicely Bolden, 28, was found dead in her apartment in the 5900 block of Highland Village Drive on Thrusday, September 6. She was found by her children. Police are investigating the death that occurred in southeast Oak Cliff. No arrests have been made.

ApartmentComplexAttorney

Woman arrested for abuse of elderly person

On Friday, August 31, 2012 Arlington police arrested 43-year-old Maria Acosta Friday and charged her with assault against an elderly individual. She is being held at Arlington City Jail on a $10,000 bond. Arlington police are investigating allegations of elderly abuse at the Heritage Oaks Nursing Home.. Mynez Carter, 83, has Alzheimer’s disease and is being cared for at Heritage Oaks. Her family became concerned when she became fearful around relatives and had unexplained bruises. Carter’s two daughters placed a hidden camera in the room and were shocked by what it captured.

The video, which was released to Fox 4, shows workers pinching Carter and being forceful with her.

“My heart started racing and I was horrified,” Carter’s daughter Freddie Johnson told Fox.

Carter’s two daughters brought the video to nursing home administrator Jerry Warren, who disagreed with their interpretation of the treatment but did open an internal investigation into the matter. Dallas Morning News.

Ben A. Goff, elderattroney

Premises Liability

Premises liability cases are a special form of negligence cases. A subcatagory is the where the conduct of the owner manager did not  provide adequate security against criminal conduct . Timberwalk Apartments, Partners, Inc. v. Cain, 972 S.W.2d 749, 753 (Tex.1998). “Premises liability is a special form of negligence where the duty owed to the plaintiff depends upon the status of the plaintiff at the time the incident occurred.” W. Inv., Inc. v. Urena, 162 S.W.3d 547, 550 (Tex.2005). Different classes of persons are invitee, tenants and their guests, and licensees, everyone else except employees.
In order to recover from the owner or manager of an apartment complex it must be shown that the condition of the premises:
1. The condition created or tolerated posed an unreasonable risk of harm, and
2. They knew or reasonably should have known of the danger, and
3. They failed to exercise ordinary care to protect the tenant from the danger, by both failing to adequately warn of the condition and failing to make that condition reasonably safe.
4. The condition must be the direct cause of the injury.
5. The injury must have been foreseeable to the owner or manager to the complex.
If the injury is caused by criminal conduct, the question of forseeability is a much more difficult problem. It is enough to say that it is possible to hold the manager or owner liable under certain circumstances.

BED HANDLES

Public Citizen, a non-profit public interest organization, has filed a complaint with the Food and Drug administration requesting that the agency ban the marketing of bed handles by Bed Handles Inc. contending that their bed handles (aka bed rail devices) cause life threating injuries or death due to entrapment and strangulation or suffocation. These bed handles are for home use and should not be confused with the bed handles used in hospitals. These bed handles create a gap between the bed handles and the mattress. The patient can slip into this gap becoming trapped.

Public Citizen has requested that the FDA investigate if this problem occurs in bed handles manufactured by different firms. According to Public Citizen the FDA has reviewed 5 cases of entrapment since 1999 of people trapped by Bedside Assistant. 4 of those cases resulted in death and one case involved a life-threatening incident. Similar bed handles are made by other companies.

If you are aware of a person injured or killed by bed handles, you should notify the FDA and advise the injured person or the family members to contact their family lawyer. Prompt attention to investigation of such accidents is the key to success.

Ben A. Goff, Attorney

Mitchell, Goff & Mitchell LLP

(disclosure of interest. Ben A. Goff is an attorney representing parties involved in personal injury accidents including products liability cases)

WHAT TO DO IF YOUR EMPLOYER DOESN'T HAVE WORKERS COMPENSATION INSURANCE

Texas is an unusual state in that it does not require an employer to carry workers compensation insurance. The cases against such employers are know as "non-subscriber" cases.

If your employer has workers compensation coverage, then you should report the injury to The Texas Insurance Department, Workers Compensation Division, 1-800-252-7031. You probably do not need an attorney if your benefits are paid and medical attention is furnished. If you have a more serious claim, one involving permanent disability or scarring or if your claim has been refused, you probably need an attorney. Although we do not handle this type of case, we can refer you to an attorney that does. We do not charge any fee for this service.

Many employers have a small accident policy that pays medical bills and for some loss of income. This is not workers compensation insurance. In cases of serious injury or death, we will review this employee benefit plan to determine if you have other rights. There is no charge for this review. Call 214 651 8218 for an appointment.

If your injury is serious and there is no workers compensation insurance, you may have a "non-subscriber" case. These cases are very technical and usually require an attorney. This is what we do. Call 214 651 8218 for an appointment.

In Texas an employer is required to furnish you with a safe place to work. If you are seriously injured because your employer did not furnish you with a safe place to work or otherwise caused your injury and the injury was not the result of your sole negligence, he must pay for your medical treatment, damages for your lost wages, your pain and suffering, your permanent disability, and your future loss or wages. Please call 214 651 8218, we may be able to help.

Take a look at us and what we have been able to do for others. Visit our website, http://www.mitchellgoff.com/ Then call 214 651 8218 for an appointment.

This information is provided only to help and is not legal advice. Response is not a contract for us to represent you. We cannot take action for you if you do not sign a contract of representation.

Ben A. Goff, attorney

214 651 8218

Mitchell, Goff & Mitchell. L.L.P.

IMPOSSIBLE SMOKE ALARM CASE

As happens in most cases that come to our office, we were presented with a problem faced by our client. His family was shattered by a fire in their apartment that killed his wife and two of his children. There was no obvious cause for the fire and the owner of the apartment house was denying responsibility. Proper smoke alarms were not installed in the apartment. The case had been reviewed by two other law firms and declined as Texas has a statute that exempts a property owner from liability unless a written request is made for a smoke alarm. Carmen Mitchell of our firm determined that since the apartment was HUD housing that other laws applied and that although the property owner was freed from liability, the management company of the apartment was not. The case was tried to verdict for her clients and settled after verdict for a substantial amount of money.

Under guards on big rigs often fail in crashes

This news release shows that there may be a basis for a claim against a trucker even in a case where the truck is rear ended.

News Release | March 1, 2011

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Underride guards on big rigs often fail in crashes; Institute petitions government for new standard

ARLINGTON, VA — New crash tests and analysis by the Insurance Institute for Highway Safety demonstrate that underride guards on tractor-trailers can fail in relatively low-speed crashes — with deadly consequences. The Institute is petitioning the federal government to require stronger underride guards that will remain in place during a crash and to mandate guards for more large trucks and trailers.

Rear guards are the main countermeasure for reducing underride deaths and injuries when a passenger vehicle crashes into the back of a tractor-trailer. In 2009, 70 percent of the 3,163 people who died in all large truck crashes were occupants of cars or other passenger vehicles. Underride makes death or serious injury more likely since the upper part of the passenger vehicle's occupant compartment typically crushes as the truck body intrudes into the vehicle safety cage.

"Cars' front-end structures are designed to manage a tremendous amount of crash energy in a way that minimizes injuries for their occupants," says Adrian Lund, Institute president. "Hitting the back of a large truck is a game changer. You might be riding in a vehicle that earns top marks in frontal crash tests, but if the truck's underride guard fails — or isn't there at all — your chances of walking away from even a relatively low-speed crash aren't good.

"The Institute has studied the underride crash problem for more than 30 years, including mid-1970s crash tests demonstrating how then-current guards were ineffective in preventing underride.

In the latest study the Institute analyzed case files from the Large Truck Crash Causation Study, a federal database of roughly 1,000 real-world crashes in 2001-03, to identify crash patterns leading to rear underride of heavy trucks and semi-trailers with and without guards. Underride was a common outcome of the 115 crashes involving a passenger vehicle striking the back of a heavy truck or semi-trailer. Only 22 percent of the crashes didn't involve underride or had only negligible underride, a finding in line with prior studies. In 23 of the 28 cases in which someone in the passenger vehicle died, there was severe or catastrophic underride damage, meaning the entire front end or more of the vehicle slid beneath the truck.

The National Highway Traffic Safety Administration (NHTSA) has estimated that about 423 people in passenger vehicles die each year when their vehicles strike the backs of large trucks. More than 5,000 passenger vehicle occupants are injured.

Crash tests: The study raised questions about how and why guards failed and at what speeds, so the Institute conducted crash tests evaluating 3 semi-trailer rear guards complying with US rules. Two of the trailers also are certified to Canadian requirements, which are more stringent than the United States when it comes to strength and energy absorption. The tests involved crashing a 2010 Chevrolet Malibu into the rear of parked trailers.

The goal wasn't to evaluate the Malibu's crashworthiness. The midsize sedan is an InstituteTOP SAFETY PICK and earns a 5-star safety rating in NHTSA's New Car Assessment Program.

"The aim was to see if some underride guards perform better than others and to identify what crash speeds and configurations produce different types of failure," Lund says. "Damage to the cars in some of these tests was so devastating that it's hard to watch the footage without wincing. If these had been real-world crashes there would be no survivors."

Decapitation is a serious threat in underrides. In 3 of the crash tests the heads of the dummies in the car made contact with either the intruding trailer or the car's hood after it tore free and pushed into the occupant compartment. One such test involved a Hyundai trailer whose underride guard bent forward, sheared its attachment bolts, and broke after the Malibu hit it in the center rear at 35 mph. This was the weakest guard tested. The trailer was manufactured by Hyundai Translead.

This is how a car looks after a 35 mph full-width crash into the rear of a Hyundai trailer with a weak underride guard.

This is a car after a 35 mph full-width crash into a Wabash trailer with a strong guard. The occupant compartment is intact.

In contrast, a Wabash trailer outfitted with a guard certified to Canadian specifications successfully prevented underride of the Malibu's passenger compartment in a center-rear test at 35 mph. The trailer was made by Wabash National Corp. Its guard was the strongest of the 3 evaluated.

"Strong attachments kept the Wabash guard in place so it could engage the Malibu, allowing the car's structure to absorb and manage the crash energy," Lund says. "In the real world, this would be a survivable crash."

Offset tests: The Institute also ran tests with overlaps of 50 percent and 30 percent to find out what happens when a car hits the trailer with only part of its front instead of head-on.

In a 35 mph test with a 50 percent overlap, the guard on a Vanguard trailer allowed severe underride. The trailer was made by Vanguard National Trailer Corp., and the guard is certified to US and Canadian standards. In contrast, the Wabash trailer's guard successfully prevented underride in the same test. The outcome for the Wabash was different when the overlap was reduced to 30 percent. The struck end of the guard bent forward, and there was severe underride.

This test shows that even the strongest guard left as much as half of the rear of the trailer vulnerable to severe underride. The guard only worked as intended when the striking car engaged the center.

SEVERE UNDERRIDE was the result of this 35 mph, 50 percent overlap crash test with a Vanguard trailer.

NO UNDERRIDE resulted when the car struck the back of the Wabash trailer in the same overlap test at 35 mph.

Offset tests stress guards' unsupported outboard ends. The vertical frame supports that attach guards to their trailer chassis are closer to guards' centers than ends. Preventing underride in narrow overlap crashes like these might mean devising a new way of attaching guards to trailers to utilize the side rails, in addition to requiring manufacturers to conduct compliance tests with guards on trailers.

"Under current certification standards, the trailer, underride guard, bolts, and welding don't have to be tested as a whole system," Lund says. "That's a big part of the problem. Some manufacturers do test guards on the trailer. We think all guards should be evaluated this way. At the least, all rear guards should be as strong as the best one we tested."

Another problem is that regulatory gaps allow many heavy trucks to forgo guards altogether. When they are present on exempt trucks, guards don't have to meet 1996 rules for strength or energy absorption.

"Underride standards haven't kept pace with improvements in passenger vehicle crashworthiness," Lund says. "Absent regulation, there's little incentive for manufacturers to improve underride countermeasures, so we hope NHTSA will move quickly on our petition."

Mitchell, Goff & Mitchell, LLP

10440 North Central Expressway, Suite 1100

Dallas, TX 75231

214-651-8218

The duty of a landlord to supply a smoke alarm.

Smoke detectors properly installed and maintained can reduce fire deaths and injuries. There are two types of smoke detectors; Ionization, and photoelectric smoke detector available for residential use. They might be battery powered or hard wired, with or without a backup battery.

Ionization Smoke Detectors

The majority of residential detectors are ionization detectors. They respond more quickly to the presence of numerous small particles, such as those produced by a flaming or fast fire.

Photoelectric Detectors

Photoelectric detectors use beam of light directed into a chamber. Smoke particles enter the chamber and interfere with the light activing the alarm.They are well suited for areas subject to fires such as kitchens. They minimize unwanted alarms from cooking or humidity.

Combination Smoke Detectors

Combination smoke detectors include both ionization and photoelectric sensors in a single unit. Texas requires this type of unit.

A Texas statue places a duty on the landlord to install smoke detector or alarms, Property Code, Section 92.255 et seq This statute applies to all types of of residential rental housing including mobile homes. It is the duty of the landlord before you move in to install and test the smoke detector. The smoke detector must be designed to detect both the visible and invisible products of a fire.

It is important to determine type of smoke detector in your unit. The importance of knowing the type of smoke detector is that they detect different types of fires, some are better at detecting fast hot fires and other detect slow smoldering fires. The difference may mean the difference in life or death in the event of a fire. You have the right to know what type of smoke detector was installed and it's characteristics. The most common failures of smoke detectors are improper installation, improper location and improper maintenance. If you have a question about whether your unit is properly equipped contact the local fire department. They will generally inspect the detector on request.

If you a victim of a fire, try to learn what type of smoke alarm was installed, where it was installed, by whom and operating condition.

For more information about smoke detectors, visit:

http://products.howstuffworks.com/smoke-carbon-monoxide-detector-reviews.htm

For more information on fire prevention, visit:

http://www.tdi.state.tx.us/fire/fmpo.html

For more information about our law firm visit our web site.

Mitchell, Goff & Mitchell, L.L.P.

10440 North Central Expressway

Dallas, Texas 75231

214 651 8218

Areas of practice which allow specialization

What are the areas of specialization in Texas?

There are twenty areas of practice which allow specialization:

· Administrative,

· Business Bankruptcy,

· Civil Appellate,

· Civil Trial,

· Consumer Bankruptcy,

· Consumer and Commercial,

· Criminal,

· Estate Planning and Probate,

· Family,

· Health,

· Immigration and Nationality,

· Juvenile,

· Labor and Employment,

· Oil, Gas and Mineral,

· Personal Injury Trial,

· Commercial Real Estate,

· Residential Real Estate,

· Farm and Ranch Real Estate,

· Tax and Workers' Compensation Law..

To become Board Certified in a specialty area, an attorney must have:

· Been licensed to practice law for at least five years;

· Devoted a required percentage of practice to a specialty area for at least three years;

· Handled a wide variety of matters in the area to demonstrate experience and involvement;

· Attended continuing education seminars regularly to keep legal training up to date;

· Been evaluated by fellow lawyers and judges;

· Passed a 6-hour written examination.

For more information see the web site for the Texas Board of Legal Specialization.