Archive for February, 2010

Kids’ Jewelry Deadly

Monday, February 15th, 2010

First it was dog food, then kids’ toys and now, kids’ jewelry. Kids’ jewelry from China is highly toxic.

There is a long of list items imported from China that are perfectly fine; not harmful, not toxic and don’t have the capacity to kill someone. On the other hand, it seems that increasingly we see more and more news items about dangerous products coming into the US that have the power to severely harm or kill our pets, us and our children.

The latest item that has raised red flags is kids’ jewelry made with cadmium. It’s quite lovely due to the fact that it’s a slivery bluish white and kids, of course, are attracted to it to the point where they put it in their mouths. This isn’t a really good idea as cadmium is highly toxic and known to cause cancer. It may hamper a child’s brain development. Think that doesn’t sound so bad because your child didn’t really have the jewelry in their mouth that long? Consider this: the Centers for Disease Control and Prevention list cadmium as “seventh” on a list of 275 or more hazardous substances.

While most of us are familiar with the use of cadmium in cell phone batteries or steel plating, it has been showing up in places where it has no business being; like kid’s jewelry. Why is that? The Chinese have switched to cadmium in response to lead limits slapped on in 2008, not to mention that cadmium is relatively inexpensive. This switch has resulted in children’s jewelry containing anywhere from 10% to 91% of this toxic metal.

The warnings went out quickly and parents across the US heard about the dangers of cheap children’s jewelry. Nice to see that some regulatory bodies do take the lead and issue warnings when they are needed. This doesn’t always happen.

Mind you, the Consumer Product Safety Commission has been slammed for waiting too long in some cases to investigate unsafe products and while they were doing that, kids were injured or killed. A warning has also been issued to Chinese merchants to clean up their act and if they don’t, the Product Safety Commission will force them to do so by setting up standards they have to meet.

Products like this obviously have the potential to seriously harm kids. If that happens to your child, contact a knowledgeable Austin personal injury attorney and discuss the details of your potential case. Don’t wait or second guess yourself. If your instincts as a parent are screaming that the necklace your child got for a birthday caused her to fall ill, speak to a competent Austin personal injury attorney. Protecting your child’s life is the most important thing any parent can do.

Beverly Aylmer writes for The Lee Law Firm. If you need an Austin personal injury lawyer, contact an Austin personal injury attorney from The Lee Law Firm. Visit RWLeelaw.com.

DWI Caused Serious Injuries and Death

Sunday, February 14th, 2010

Head-on collisions most certainly cause severe injuries if not death. When drugs are involved it is an accident that didn’t need to happen.

“Texas isn’t the only state that has a significant number of deaths as a result of DWIs every year. In fact, our office sees far too many DWI accidents like the one we heard about in Illinois. It left three injured and one dead,” said Austin personal injury attorney Beverly Aylmer of The Lee Law Firm.

The collision involved a pickup truck and a small car traveling on a local highway. Evidently the roads were not the greatest when this accident happened and the truck spun out of control and into the oncoming lane of traffic, hitting the small car head-on. The pickup was carrying three people, one who died at the scene. The other three people were transported to the nearest hospital.

While the road may have been slippery due to the winter weather, further investigation of this case led to the discovery that the pickup truck driver was driving under the influence of drugs. The police at the scene also charged him with improper lane usage and not having a license.

“In taking a look at the facts of this case, there are two things that stand out. The first is that the driver was under the influence of drugs, etc. and was thus negligent in driving in that condition. The family of the passenger that died as a result of the driver’s negligence should be able to file a wrongful death lawsuit. The driver of the small car that was hit should be able to file a personal injury lawsuit. These lawsuits would be in addition to his criminal charges for driving while under the influence,” explained Aylmer.

It’s best to remember that while some things look one way on the surface, often there is another explanation for them when they are investigated further. “Car accidents that occur due to the negligence and impairment of another driver should be discussed with an experienced Austin personal injury lawyer. Just don’t wait too long to talk to the attorney, or the Statute of Limitations may kick-in and bar a person from filing for fair compensation for their injuries,” added Austin personal injury attorney Beverly Aylmer of The Lee Law Firm.

To learn more, visit http://www.rwleelaw.com.

Cyclist’s Wrongful Death Should Never Have Happened

Thursday, February 4th, 2010

Wrongful death cases happen far too often. This case is a sad example of a dangerous driver allowed to continue driving.

“We heard about this unusual case just recently and were struck by not only how negligent the driver of the truck was, but by how negligent his employer was as well. The story involves a cyclist who was hit and killed by a city dump truck during the summer months. The driver of the truck said he never saw the man,” recounted Austin personal injury attorney Beverly Aylmer of The Lee Law Firm.

On the surface, this might make sense if the cyclist was behind the dump truck and in the driver’s blind spot. “Thankfully the family went to a skilled personal injury attorney wanting to file a wrongful death lawsuit and insisted the matter be looked into, as they knew for a fact their beloved father would not be careless enough to get in the way of a moving dump truck,” added Aylmer.

What the subsequent investigation eventually turned up was that the dump truck driver had one of the worst driving records anyone had ever seen. Many of the accidents on the driver’s extract showed him to be the at-fault driver. This particular situation was apparently just another one in a long string of negligent accidents.

In this case, while on duty as a city employee, the dump truck driver stopped at his union hall for a drink. He left by driving down a very narrow alley with extremely limited visibility and went to turn onto the main street at the end of the alley. The turn was fairly tight and as the driver was negotiating that turn he struck the cyclist, trapping him under the plow blade and dragging him 90 feet. The truck driver said he didn’t know he’d hit anyone until he saw the body in the rearview mirror and thought he heard a strange sound.

The cyclist managed to hang on to life for a short while as a passerby try to help him. He sustained horrendous injuries that included broken ribs and pelvis and one ear torn from his head. He didn’t stand a chance of surviving the multiple injuries. The police didn’t lay charges in the case, stating they didn’t know who was responsible for this accident. The dump truck driver was suspended, but returned to work.

“The personal injury attorney investigating this matter discovered over 21 incidents on the dump truck driver’s record; enough mayhem to determine the man should never have been driving, let alone be allowed to continue to handle vehicles in his capacity of working for the city. His most recent infraction, rear-ending a stopped van, had occurred two weeks before he killed the cyclist,” said Aylmer.

Cases like this need to be discussed with a dedicated and compassionate personal injury attorney with experience in this area. An Austin personal injury lawyer who aggressively represents their clients in situations just like this one,” added Austin personal injury attorney Beverly Aylmer of The Lee Law Firm, Austin, Texas.

To learn more, visit http://www.rwleelaw.com.

The Big Rig Didn’t Obey the Traffic Signs

Thursday, February 4th, 2010

When big rigs don’t obey traffic signs, the consequences may be deadly. In this case, one man was killed.

It shouldn’t have happened. A big rig barreling down a feeder roadway toward the Interstate, trying to make time to get his load to its destination, blew a stop sign. In doing that, the trucker pulled out right in front of a 68-year-old man on his way to work. The car had no place to go but into the side of the semi. It was a case of being the in the wrong place at the wrong time.

This hypothetical case wound up with both vehicles in a tangled mass in the middle of the roadway, shutting down the Interstate while the police and emergency crews cleaned the mess up. The 68-year-old driver of the car was taken to hospital only to be pronounced DOA. The 38-year-old trucker, who was amazingly unharmed after the wreck, was charged with failing to stop at a stop sign.

This is a perfect example of a wrongful death case and a significant reason to consult with a skilled Austin personal injury attorney immediately. In cases like this, time is of the essence, particularly when it comes to preserving the evidence. There are items like police reports, insurance reports, accident reconstruction reports, eyewitness statements, and a whole slew of things that need to be handled pretty much immediately.

Waiting too long to file a wrongful death case may also mean that the Statute of Limitations runs out and you are barred from filing a case. So be aware that in order to get justice in a case like this, and to ensure financial security for your family, a wrongful death lawsuit needs to be filed as quickly as possible by your Austin personal injury attorney.

Other factors that may make a difference in the amount of the award handed out would relate to whether or not the trucker has been drinking and driving, whether he was under the influence of drugs (either street or prescription), was not paying attention to the road because he was on a cell phone or texting, or was speeding and couldn’t stop in time. Only the results of the police investigation and the attorney’s private investigator (if required) will fill in the blanks on cases like this.

If you or someone you love was seriously injured or killed in an 18-wheeler accident, don’t wait too long to speak to a dedicated and seasoned personal injury attorney. Justice will be yours with a skilled Austin personal injury attorney by your side fighting for justice.

Beverly Aylmer writes for The Lee Law Firm. If you need an Austin personal injury lawyer, contact an Austin personal injury attorney from The Lee Law Firm. Visit RWLeelaw.com.

Located in Austin, Texas, The Lee Law Firm represents clients throughout Central Texas and the Rio Grande Valley, including the cities of Austin, Round Rock, Cedar Park, Georgetown, Temple, Waco, Bryan, Houston, Conroe, Baytown, Galveston, Beaumont, Port Arthur, San Antonio, Kerrville, New Braunfels, Seguin, San Marcos, San Angelo, Abilene, Laredo, Corpus Christi, McAllen and Harlingen, as well as Williamson County, Travis County and Hays County. Sitemap
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