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    <title>Houston Personal Injury Attorney Blog</title>
    <link rel="alternate" type="text/html" href="http://www.houstontxpersonalinjurylawyer.com/" />
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    <id>tag:www.houstontxpersonalinjurylawyer.com,2009-12-03://7901</id>
    <updated>2012-05-18T19:56:32Z</updated>
    <subtitle>Personal Injury blog for The Law Firm of Alton C. Todd in Houston. We have the experience to help. Call 281-992-TODD (8633) or toll free at 888-388-TODD (8633) for more info.</subtitle>
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<entry>
    <title>Real World Consequences for Good Deeds</title>
    <link rel="alternate" type="text/html" href="http://www.houstontxpersonalinjurylawyer.com/2012/05/real-world-consequences-for-good-deeds.shtml" />
    <id>tag:www.houstontxpersonalinjurylawyer.com,2012://7901.249391</id>

    <published>2012-05-18T19:52:11Z</published>
    <updated>2012-05-18T19:56:32Z</updated>

    <summary>On the morning of Monday, May 14th, a real-life hero saved the life of a Katy Independent School District police officer, while driving on the feeder road of the Katy Freeway, near Mason Road. The brave man, about whom little...</summary>
    <author>
        <name>The Law Firm of Alton C. Todd</name>
        <uri>http://www.houstontxpersonalinjurylawyer.com/mt-bin/mt-cp.cgi?__mode=view&amp;blog_id=7901&amp;id=8361</uri>
    </author>
    
    <category term="surgedimpairedcaraccidentinsureddamageinnocentintentionallyrecklesslyinjuries" label="surged; impaired; car; accident; insured; damage; innocent; intentionally; recklessly; injuries;" scheme="http://www.sixapart.com/ns/types#tag" />
    
    <content type="html" xml:lang="en-us" xml:base="http://www.houstontxpersonalinjurylawyer.com/">
        <![CDATA[<p style="TEXT-ALIGN: justify">On the morning of Monday, May 14<sup>th</sup>, a real-life hero saved the life of a Katy Independent School District police officer, while driving on the feeder road of the Katy Freeway, near Mason Road. The brave man, about whom little information was revealed except that he is a music teacher at Brenham High School, was on his way to work, when he noticed a vehicle ahead of him making peculiar lane movements. At first he believed the other driver "had spilled his coffee or was getting something out of his glovebox"; but, when the light changed and he pulled alongside the car, he noticed that the man driving it had his head tilted back, with his mouth open and his eyes not blinking. As the car was creeping into his lane, and appeared to be out of control, the teacher reacted instinctively. He punched the accelerator and surged in front of the impaired driver's car. He then slowed as the car hit his and he brought them both to a stop, intentionally causing an accident.</p>
<p style="TEXT-ALIGN: justify">Once stopped, the teacher jumped out of his car and ran to the other driver. He checked his vital signs and felt no pulse, and could detect no breath. He began to pray. Apparently, another driver notified the police, as paramedics arrived very promptly. The unconscious man, wearing a school district police uniform, was revived on the scene, by the paramedics, who transported him by ambulance to Methodist Hospital in Katy. The man is expected to survive; and his family and children expressed awe and gratitude for the teacher's truly heroic actions.</p>
<p style="TEXT-ALIGN: justify">This is one of those rare events reported in the media that remind us there are still very good, decent and courageous people among us that truly make a difference. However, there is an old, cynical saying, that: "No Good Deed Ever Goes Unpunished." It is my fervent hope that this is not the case, for the heroic teacher. But, I have an uneasy feeling that when he calls his auto insurance company to report the bumper damage to his vehicle, from the intentionally caused accident, which could easily be in the $1,500-2,500 range, he will be in for a nasty shock. Here's why. In Texas, virtually all auto policies include an exclusion for intentionally caused damage. It usually withholds coverage for: "Property damage or bodily injury caused intentionally by or at the direction of an insured, including willful acts the result of which the insured knows or ought to know will follow from the insured's conduct."</p>
<p style="TEXT-ALIGN: justify">Ironically, due to the Texas Supreme Court's 2008 decision, in <em>Tanner v. Nationwide Ins. Co.,</em> the impaired driver's vehicle damage, if any, would be covered by the teacher's insurance, even though the damage to his own vehicle almost certainly is not. The Court ruled, in that case, which involved injuries to an innocent family caused by the acts of an insured fleeing in a high-speed chase, that while the fleeing driver intentionally drove recklessly, he did not intend the caused injuries; thus they were covered. But, here, the heroic teacher intentionally caused the life-saving accident and thereby intentionally caused damage to his own vehicle.</p>
<p style="TEXT-ALIGN: justify">Frankly, I hope I'm completely wrong. Maybe the insurance company will shrug its shoulders and say what the heck, let's do a good deed of our own. But, I won't hold my breath for that optimistic result. Insurance companies are great about clever ads, full of endearing characters. But, forty years of fighting them has taught<a></a> that those sweet characters are nowhere to be found, when the check is supposed to be written. So, <em>please</em> have the courage and heart to be a hero, like the selfless teacher. Just be ready for a reality shock when you get ready to call your insurance company about the aftermath.</p>
<p>Continue reading: <a href="http://www.khou.com/community/Mans-quick-thinking-on-freeway-saves-Katy-ISD-officers-life-151985845.html">http://www.khou.com/community/Mans-quick-thinking-on-freeway-saves-Katy-ISD-officers-life-151985845.html</a></p>]]>
        
    </content>
</entry>

<entry>
    <title>Unborn baby killed in accident caused by drunk driver</title>
    <link rel="alternate" type="text/html" href="http://www.houstontxpersonalinjurylawyer.com/2012/05/unborn-baby-killed-in-accident-caused-by-drunk-driver.shtml" />
    <id>tag:www.houstontxpersonalinjurylawyer.com,2012://7901.249302</id>

    <published>2012-05-18T19:07:16Z</published>
    <updated>2012-05-18T19:11:47Z</updated>

    <summary>Houston police have charged a man with murder after an accident that killed an unborn infant. Losing a child is an incomprehensible tragedy. Just as incomprehensible is the despair a pregnant mother must feel when a senseless accident takes the...</summary>
    <author>
        <name>The Law Firm of Alton C. Todd</name>
        <uri>http://www.houstontxpersonalinjurylawyer.com/mt-bin/mt-cp.cgi?__mode=view&amp;blog_id=7901&amp;id=8361</uri>
    </author>
    
        <category term="Car Accidents" scheme="http://www.sixapart.com/ns/types#category" />
    
    <category term="caraccidents" label="car accidents" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="drunkdrivers" label="drunk drivers" scheme="http://www.sixapart.com/ns/types#tag" />
    
    <content type="html" xml:lang="en-us" xml:base="http://www.houstontxpersonalinjurylawyer.com/">
        <![CDATA[<p>Houston police have charged a man with murder after an accident that killed an unborn infant. Losing a child is an incomprehensible tragedy. Just as incomprehensible is the despair a pregnant mother must feel when a senseless accident takes the life of an infant that has not yet even emerged into the world. This was the tragic scenario that played out last weekend in Houston.</p>
<p>According to Houston law enforcement authorities, the suspected <a href="http://www.altontodd.com/Motor-Vehicle-Accidents/Drug-and-Alcohol-Accidents.shtml" target="_blank">drunk driving accident</a> occurred at one in the afternoon, when a man who authorities claim was under the influence of alcohol ran a stop sign. After running the stop sign, the man's vehicle collided with a passenger car being driven by a pregnant woman. Unbelievably this is not the first time that this driver's apparent negligence while driving has taken the life of a child.</p>]]>
        <![CDATA[<p>In an earlier incident the same man pled guilty to negligent homicide. In that fatal crash, the man had swerved onto the shoulder to go around cars that were stopped in traffic. On the shoulder was a van that had suffered mechanical problems, the occupants were waiting for a taxi to take them from the scene. The man crashed into the disabled van killing a child who was waiting in the van. The man was sentenced to two years in prison in connection with that accident.</p>
<p>In addition to the other fatal accident, the man also had three prior convictions for driving while intoxicated. It is chilling to consider that this dangerous man was still driving on Texas roads prior to last weekend's accident.</p>
<p><strong>Source: </strong>Houston Chronicle, "<a href="http://www.chron.com/news/houston-texas/article/Man-charged-with-murder-in-south-Houston-drunken-3558083.php">Man charged with murder in south Houston drunken driving death of unborn child</a>," Mike Glenn, May 15, 2012</p>]]>
    </content>
</entry>

<entry>
    <title>Careful of the Bees, Honey!</title>
    <link rel="alternate" type="text/html" href="http://www.houstontxpersonalinjurylawyer.com/2012/05/careful-of-the-bees-honey.shtml" />
    <id>tag:www.houstontxpersonalinjurylawyer.com,2012://7901.248405</id>

    <published>2012-05-17T17:03:33Z</published>
    <updated>2012-05-17T17:05:50Z</updated>

    <summary>It&apos;s spring again; and that means the return of bee season. Ask a 20-story crane worker in the Galleria area what that means and he will tell you that their seasonal return can pack a sting. Well, in fact, several...</summary>
    <author>
        <name>The Law Firm of Alton C. Todd</name>
        <uri>http://www.houstontxpersonalinjurylawyer.com/mt-bin/mt-cp.cgi?__mode=view&amp;blog_id=7901&amp;id=8361</uri>
    </author>
    
    
    <content type="html" xml:lang="en-us" xml:base="http://www.houstontxpersonalinjurylawyer.com/">
        <![CDATA[<p style="TEXT-ALIGN: justify">It's spring again; and that means the return of bee season. Ask a 20-story crane worker in the Galleria area what that means and he will tell you that their seasonal return can pack a sting. Well, in fact, several of them! The worker was climbing up to the crane's tall cab, near the corner of Sage and Westheimer, on the morning of Wednesday, May 16<sup>th</sup>, when he realized that a large colony of bees had set up a new home in the crane. He learned this after being stung several times, as he climbed the narrow stairs. The crane operating company called a local pest control company; and a crew came out to capture the colony's queen and remove the hive. After successfully doing so, the company said it plans to release the bees in the wild, outside the city; so the bees can get on with their important work of pollination and honey production. Needless to say, the crane workers were happy to see the new tenants go, honey or no honey!</p>
<p style="TEXT-ALIGN: justify">A few decades ago, a huge deal was made about killer African bees; and indeed, they have proved seriously problematic, even if not to the degree originally feared. Bee experts note that while one or even a few bee stings can be painful, in only a very few people can it be more serious than that. In those people, however, anaphylactic shock can sometimes be fatal. Moreover, there can be serious reactions from multiple stings, such as when an unanticipated hive is disturbed, as in the crane situation. A single bee can only sting once, as the stinger is barbed and becomes lodged in the victim. As the bee tears away, it shortly dies. But, numerous stings can have seriously toxic effects. With as many as 60,000 bees in a hive; that can happened quickly, if the bees are sufficiently aroused. And Africanized bees are <em>very</em> easily aroused.</p>
<p style="TEXT-ALIGN: justify">Africanized bees first appeared in the U.S. in 1990. They now stretch along the entire southern United Sates, from California to Florida. While interbreeding with other bee stocks has diluted their especially aggressive tendencies, they still account for some 17 deaths annually, primarily involving older victims and those with immune deficiencies or allergic susceptibility. Often, these victims have suffered as many as 1,000 stings. That's a lot of venom.</p>
<p style="TEXT-ALIGN: justify">Bees can set up a hive in just a few days. This can be in isolated areas, such as the back of a little used, over-grown part of the yard; or it can be in a much busier place, like an industrial facility, farm machinery, barns, garages, fences, trees in a park or yard, and the eves of roofs. When they are established, the female workers act as sentries to protect the queen; and they can become defensive quickly when they perceive a threat, intended or not. The problem is that that can occur with no warning; and when you're operating machinery, or trimming trees, or climbing a tall crane, or doing other dangerous things, getting numerous, sudden bee stings can turn into an instantaneous crisis.</p>
<p style="TEXT-ALIGN: justify">The CDC and OSHA both caution that bee stings can be a hazard on and off the job. Particularly exposed are farmers, foresters, landscapers, groundskeepers, gardeners, painters, roofers, pavers, construction workers, laborers, heavy equipment operators, and mechanics. Thousands of such workers are stung yearly; and 90-100 per year die from all forms of insect bites and/or stings. And these numbers may be conservative because often, sting reactions can mimic heart attacks. While Africanized bees are primarily in the southern states, bees occur in all 50 states. Therefore, especially during warmer months, their presence and potential for injury should never be ignored.</p>
<p style="TEXT-ALIGN: justify">Bee experts recommend the following steps to minimize the risk of sting:</p>
<p style="TEXT-ALIGN: justify">•1. Wear light-colored, smooth finished clothing;</p>
<p style="TEXT-ALIGN: justify">•2. Avoid perfumed soaps, scented shampoos and deodorants, cologne or perfume, eating bananas on the job;</p>
<p style="TEXT-ALIGN: justify">•3. Wear clean clothes and bathe daily. Sweat angers bees (along with wives, mothers and people who share subway cars);</p>
<p style="TEXT-ALIGN: justify">•4. Wear clothing to cover as much of the body as possible;</p>
<p style="TEXT-ALIGN: justify">•5. Avoid flowering plants when possible, and be vigilant around them;</p>
<p style="TEXT-ALIGN: justify">•6. Keep work areas clean and free of garbage and food scraps. Bees can nest in debris and they eat food scraps;</p>
<p style="TEXT-ALIGN: justify">•7. Remain calm and still if one or two flying insects appear. Swatting at them angers them;</p>
<p style="TEXT-ALIGN: justify">•8. If you are attacked by several insects, cover your eyes and mouth the best you can and run to the nearest shelter. Bee stings emit a chemical that attracts and angers other bees;</p>
<p style="TEXT-ALIGN: justify">•9. Going inside is the best shelter. If that is not possible, try to get to a shaded area. Bees are excited by direct sunshine. <em>Never</em> try to hide in water. The bees, especially Africanized ones will concentrate on the head, which you must expose to breathe;</p>
<p style="TEXT-ALIGN: justify">•10. If a bee gets inside your vehicle, slow to a stop as quickly, but safely as possible and open all the windows. Do <em>not </em>swat at it. Instead of leaving, it will attack;</p>
<p style="TEXT-ALIGN: justify">•11. If you have a severe allergy to bee stings, be sure to wear identification stating that; and tell co-workers. Also, if necessary, carry an epinephrine auto injector (EpiPen), to counter toxic shock;</p>
<p style="TEXT-ALIGN: justify">•12. Once a hive has been located, only professionals should attempt to remove it.</p>
<p style="TEXT-ALIGN: justify">If you are stung, promptly wash the sting with warm soap and water; have someone stay with you awhile to see if shock is a risk; remove the visible stinger using a gauze pad wiped over it until it dislodges, or by scraping over it with a fingernail. Never use tweezers, as they cause the stinger to secrete more venom before it can be removed. Once it is removed, cover the sting with cold water, or ice if available; and try to avoid scratching.</p>
<p style="TEXT-ALIGN: justify">When you are sitting there pouting over your bee assault, it may be hard to remember how good honey tastes, how pretty flowers look, or how important bees are to the eco-system. But, all three really do matter. So, accept them as a part of the Great Outdoors, and use common sense and good judgment in dealing with them.</p>
<p>Continue reading: <a href="http://www.khou.com/news/local/Killer-bees-invade-giant-crane-in-Galleria-area--151746605.html">http://www.khou.com/news/local/Killer-bees-invade-giant-crane-in-Galleria-area--151746605.html</a></p>]]>
        
    </content>
</entry>

<entry>
    <title>Texas school bus crash injures three students and driver</title>
    <link rel="alternate" type="text/html" href="http://www.houstontxpersonalinjurylawyer.com/2012/05/texas-school-bus-crash-injures-three-students-and-driver.shtml" />
    <id>tag:www.houstontxpersonalinjurylawyer.com,2012://7901.247166</id>

    <published>2012-05-16T13:48:50Z</published>
    <updated>2012-05-16T13:49:43Z</updated>

    <summary>A collision between a school bus and a passenger vehicle in Texas yesterday morning sent three students and the driver of the passenger vehicle to the hospital for treatment of their injuries. Three students sustained what have been described as...</summary>
    <author>
        <name>The Law Firm of Alton C. Todd</name>
        <uri>http://www.houstontxpersonalinjurylawyer.com/mt-bin/mt-cp.cgi?__mode=view&amp;blog_id=7901&amp;id=8361</uri>
    </author>
    
        <category term="Car Accidents" scheme="http://www.sixapart.com/ns/types#category" />
    
    <category term="busaccidents" label="bus accidents" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="caraccidents" label="car accidents" scheme="http://www.sixapart.com/ns/types#tag" />
    
    <content type="html" xml:lang="en-us" xml:base="http://www.houstontxpersonalinjurylawyer.com/">
        <![CDATA[<p>A collision between a school bus and a passenger vehicle in Texas yesterday morning sent three students and the driver of the passenger vehicle to the hospital for treatment of their injuries. Three students sustained what have been described as minor injuries in the <a href="http://www.altontodd.com/Motor-Vehicle-Accidents/Car-Accidents.shtml" target="_blank">accident</a>, while the driver of the car that struck the bus was hospitalized with more serious injuries.</p>
<p>According to a local news report, the bus was actually stopped while students were boarding at the time of the accident. While the students were boarding, the car came over the top of a nearby hill. The car apparently tried to stop before hitting the bus but the driver lost control and began to skid. The car crashed head-on into the front bumper of the bus.</p>]]>
        <![CDATA[<p>It is fortunate that among the 49 students on the bus at the time of the crash, only three were injured. More serious injuries to at least one student may have been avoided by the quick thinking bus driver. As the car appeared over the hill, one of the students was still in the entry area of the bus. The bus driver leaned out of her seat and grabbed that student and pulled the student out of harm's way just before the impact.</p>
<p>The posted speed limit on the section of the road where the accident occurred is 55 miles per hour. Police are investigating whether the driver that crashed into the bus may have been speeding. It is thought that this may explain why the car was unable to stop before crashing into the bus.</p>
<p><strong>Source: </strong>KVUE ABD News, "<a href="http://www.kvue.com/news/Manor-ISD-bus-involved-in-accident-151521735.html" target="_blank">Three students, driver injured in Manor ISD school bus crash</a>," May 15, 2012</p>]]>
    </content>
</entry>

<entry>
    <title>This Is a Window into the Future</title>
    <link rel="alternate" type="text/html" href="http://www.houstontxpersonalinjurylawyer.com/2012/05/this-is-a-window-into-the-future.shtml" />
    <id>tag:www.houstontxpersonalinjurylawyer.com,2012://7901.246041</id>

    <published>2012-05-13T18:10:02Z</published>
    <updated>2012-05-13T18:11:18Z</updated>

    <summary>On May 11th, the Harris County Tax Assessor&apos;s office conceded the existence of a serious backlog in processing vehicle registration renewal requests, even though local motorists had submitted timely paperwork. This means that drivers without a current sticker face tickets,...</summary>
    <author>
        <name>The Law Firm of Alton C. Todd</name>
        <uri>http://www.houstontxpersonalinjurylawyer.com/mt-bin/mt-cp.cgi?__mode=view&amp;blog_id=7901&amp;id=8361</uri>
    </author>
    
    
    <content type="html" xml:lang="en-us" xml:base="http://www.houstontxpersonalinjurylawyer.com/">
        <![CDATA[<p style="TEXT-ALIGN: justify">On May 11<sup>th</sup>, the Harris County Tax Assessor's office conceded the existence of a serious backlog in processing vehicle registration renewal requests, even though local motorists had submitted timely paperwork. This means that drivers without a current sticker face tickets, despite their doing everything the law requires. The Harris County Tax Assessor Collector stated that peak seasonal demands had caught the office "flat footed"; and that some 6,500 renewal requests were delayed in processing because of staff and budget reductions. He noted that ticketed drivers can defend against tickets by showing timely renewal requests; but, he also conceded that such drivers would have to come to court and wait the usual time in proceedings to do so.</p>
<p style="TEXT-ALIGN: justify">As annoying as this aggravating situation is, it is but one small example of the reach of all levels of government into our daily lives, and the serious impact a disruption of such services can really have. We are in a strange place<a></a> in our national political dialogue, with our national debt spiraling to truly astronomical levels; while at the same time, there is a huge groundswell of support for reducing the size of government and slashing governmental budgets and payrolls. Such a purposeful debate is fine; as long as it remains a philosophical discussion. But, in actuality, its consequences may prove to be profoundly disturbing; for as governmental budgets and payrolls do actually shrink, the services provided by the affected governmental workers shrink too. In this case, registration renewals are affected. But, serious cuts in other sorts of services could cause far more disturbing disruptions of all aspects of our lives. And, this problem is now of gigantic proportions; so this one disruption is but a sobering harbinger of what lies in our future.</p>
<p style="TEXT-ALIGN: justify">As of May 1<sup>st</sup>, the U.S. Treasury reports that the official national debt is a mind-boggling $15.7 <em>trillion</em>. Precisely, that's $15,673,229,738,380.00. That staggering number equals: $50,057 of actual debt for every single man, woman and child in this country; or $132,061 for every household. And, that's only part of the grim story. In <em>addition</em> to that debt, the federal government also faces other long-term liabilities: $7.3 trillion more for federal employee retirement and veteran's benefits; $18.8 trillion for unfunded Social Security obligations; and, $24.4 trillion for both current and immediately projected Medicare obligations. Therefore, the federal government owes about $60 trillion. To put that into some sort of comprehensible context, that debt equals about 106% of the combined net worth of every single household, organization and business entity in this entire country. And, the numbers go up every single day. Sort of makes you want to throw up, doesn't it?</p>
<p style="TEXT-ALIGN: justify">It would be nice to think that our great state of Texas is in far better shape. But, the reality is that it is not. As of May 12<sup>th</sup>, Texas is carrying over $219 billion in its own debt, which equals $8,714 for every single Texan. And, virtually all other states are in the same shape. Tennessee is the least indebted state in the country; yet even it owes over $4 billion. And across the country, counties, major cities, university systems, hospital districts, school systems, and many more, are awash in debt; while police, fire, sanitation, social service, public assistance and every other imaginable sort of governmental entities are facing budget and staffing woes, lay-offs, cut-backs and problems. And, all of these impact the way we live and our expectations, in a complex society.</p>
<p style="TEXT-ALIGN: justify">When we're scared, we call the police and expect them to come. When we are faced with emergencies that require an ambulance or fire trucks, we expect them in minutes. We expect the trash to get picked-up, the streets to be in decent shape, the street lights to go on, the water and lights to keep working, and on and on. Yet, how many of us are prepared to deal with a world where all those services are no longer available? What if the fire department gave the same explanation as the Tax Assessor: "Hey we're a little short right now. Do the best you can with that fire. We should be out there in a few weeks." Or the police? Or even the trash collectors? Well, you get the point.</p>
<p style="TEXT-ALIGN: justify">There are no easy answers or quick fixes on the horizon. But, these are systemic problems we all need to start giving a lot more attention to. Nothing lasts forever; and no good thing is inexhaustibly supplied in this life. But, with careful planning, a little mutual sacrifice, a sense of community and a whole lot more good, common sense than we are currently using, we can figure out workable solutions. In the meantime, the next time you hear someone scream about slashing government, ask him or her exactly what critical services they plan to do without, to achieve it.</p>
<p>Continue reading: <a href="http://www.khou.com/news/Backlog-means-drivers-are-not-receiving-registration-stickers-in-time-151201455.html">http://www.khou.com/news/Backlog-means-drivers-are-not-receiving-registration-stickers-in-time-151201455.html</a></p>]]>
        
    </content>
</entry>

<entry>
    <title>Trains Always Win</title>
    <link rel="alternate" type="text/html" href="http://www.houstontxpersonalinjurylawyer.com/2012/05/trains-always-win.shtml" />
    <id>tag:www.houstontxpersonalinjurylawyer.com,2012://7901.246030</id>

    <published>2012-05-13T18:02:23Z</published>
    <updated>2012-05-13T18:07:19Z</updated>

    <summary>In train-vehicle collisions, trains win every single time. This was proved yet again, on the evening of Thursday, May 10th, when an 18-wheeler stalled on the tracks, at San Jacinto Street in Liberty County, was struck and heavily damaged by...</summary>
    <author>
        <name>The Law Firm of Alton C. Todd</name>
        <uri>http://www.houstontxpersonalinjurylawyer.com/mt-bin/mt-cp.cgi?__mode=view&amp;blog_id=7901&amp;id=8361</uri>
    </author>
    
    <category term="traincollision" label="train; collision;" scheme="http://www.sixapart.com/ns/types#tag" />
    
    <content type="html" xml:lang="en-us" xml:base="http://www.houstontxpersonalinjurylawyer.com/">
        <![CDATA[<p style="TEXT-ALIGN: justify">In train-vehicle collisions, trains win every single time. This was proved yet again, on the evening of Thursday, May 10<sup>th</sup>, when an 18-wheeler stalled on the tracks, at San Jacinto Street in Liberty County, was struck and heavily damaged by an on-coming freight train at about 8:20 p.m. The Liberty County Police Department was contacted earlier that evening about the stalled truck. Police arrived to find that the big rig had left the pavement and become wedged firmly on the tracks. Crews worked feverishly to remove the stalled truck; and Union Pacific Railroad, the track's owners, was asked to stop any trains approaching the area. But, after an hour of removal attempts, workers heard the blaring whistle of an approaching train; and a collision occurred shortly thereafter. The train accomplished in a second or two what had eluded the crews. The 18-wheeler was dislodged and heavily damaged by the impact, as it was tossed aside like a toy. Fortunately, no one was injured in the crash.</p>
<p style="TEXT-ALIGN: justify">Given the size of trains and the obvious dangers they present, it would seem logical that vehicle drivers would try pretty hard to avoid them. But, in reality, government studies show that train-vehicle collisions occur about every 90 minutes, every day of the year. Roughly 2,500 people die in such wrecks, annually; which comes as no surprise, as people are 30 times more likely to die in these sorts of wrecks, than in other vehicle collisions. Part of the problem is that trains are such a common sight, we fail to consider the dangers they present. Also, another factor is that accurately judging the speed of an approaching train is incredibly difficult. Indeed, the same principles are involved in hitting a fastball. The fact that only a few hundred out of three hundred million of us are good enough at it to play major league baseball should tell all the rest of us what's involved. If you guess wrong in baseball, you strike out. If you guess wrong on the tracks, you get a quick trip to Heaven.</p>
<p style="TEXT-ALIGN: justify">Needless to say, someone at the railroad dropped the ball regarding the stalled truck on the Liberty County tracks. But, the facts of that particular casualty aside, most people simply fail to appreciate the astonishing weight of trains, and the absolutely incredible force they consequently transmit when they strike a fixed object. An average locomotive weighs anywhere from 120 to 240 tons. Individual cars weigh about 30 tons empty, and can carry up to 100-110 tons apiece. Thus, it's easy to see that a single train can easily weigh 20,000 tons or more. When this weight is travelling at even a modest speed of 25 mph, the force (Force = Mass x Speed) exerted at point of stationary impact can be as much as 500,000 tons! 18-wheelers seem pretty large themselves. But, when a 20-25 ton truck is hit with 500,000 tons, the result appears rather obvious- the truck is going to be demolished.</p>
<p style="TEXT-ALIGN: justify">The other components of train-vehicle collisions that are often significantly misunderstood are: how long it takes a train to stop; and how far it travels, while it does so. As any racing enthusiast knows, vehicular handling, braking and acceleration are enhanced by a wider area of contact between the vehicle's tires and the pavement. In the case of trains, that important component is seriously undermined by the very nature of trains. They travel on steel wheels, on steel rails, with only inches of contact on each wheel. Trains are equipped with massive air-brakes, and locomotives carry sand to assist traction. But, an average freight train with 150 cars, travelling at 50 mph, takes fully 1.5 miles to fully stop. That process can take up to 2 minutes. So, even if the alert engineer sees the hazard ½ a mile in front of his train and applies all the braking capacity he possibly can, the chance of stopping the train before impact is absolutely zero. And, of course, the rails prevent him turning out of the path of certain collision.</p>
<p style="TEXT-ALIGN: justify">The tremendous size differential between trains and the vehicles they are likely to collide with becomes of even more moment than the physical damage caused by such collisions because a very large number of trains carry hazardous materials. The USDOT's Pipeline and Hazardous Materials Safety Administration, PHMSA), regulates such carriage and establishes safety protocols. But, this only enhances safety; it certainly doesn't guarantee it. Thus, quite beyond the massive damage occurring from the collision itself, the dangers of fire, explosion, toxic spills, and more, are significant.</p>
<p style="TEXT-ALIGN: justify">&nbsp;</p>
<p>Continued reading: <a href="http://www.khou.com/news/local/Train-plows-into-18-wheeler-stuck-on-tracks-in-Liberty-County-151121475.html">http://www.khou.com/news/local/Train-plows-into-18-wheeler-stuck-on-tracks-in-Liberty-County-151121475.html</a></p>]]>
        
    </content>
</entry>

<entry>
    <title>Car accident deaths at lowest level in decades</title>
    <link rel="alternate" type="text/html" href="http://www.houstontxpersonalinjurylawyer.com/2012/05/car-accident-deaths-at-lowest-level-in-decades.shtml" />
    <id>tag:www.houstontxpersonalinjurylawyer.com,2012://7901.245591</id>

    <published>2012-05-11T19:50:14Z</published>
    <updated>2012-05-11T19:53:40Z</updated>

    <summary>In 1949 highway safety officials began keeping records of fatal car accidents. It now appears that last year is going to be the least fatal year on American highways in the 63 years for which records are available. This is...</summary>
    <author>
        <name>The Law Firm of Alton C. Todd</name>
        <uri>http://www.houstontxpersonalinjurylawyer.com/mt-bin/mt-cp.cgi?__mode=view&amp;blog_id=7901&amp;id=8361</uri>
    </author>
    
        <category term="Car Accidents" scheme="http://www.sixapart.com/ns/types#category" />
    
    <category term="caraccidents" label="car accidents" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="fatalaccidents" label="fatal accidents" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="negligence" label="negligence" scheme="http://www.sixapart.com/ns/types#tag" />
    
    <content type="html" xml:lang="en-us" xml:base="http://www.houstontxpersonalinjurylawyer.com/">
        <![CDATA[<p>In 1949 highway safety officials began keeping records of fatal <a href="http://www.altontodd.com/Motor-Vehicle-Accidents/Car-Accidents.shtml" target="_blank">car accidents</a>. It now appears that last year is going to be the least fatal year on American highways in the 63 years for which records are available. This is great news for everyone who ever spends time on Houston highways. But while our roads are getting less deadly across the country we still have a long way to go.</p>
<p>The improvement of safety devices both within the passenger cabin and in the frame and functional elements of the car has played a large role in reducing the number of traffic deaths. Crumple zones, airbags, braking improvements, and the increased use of seat belts all contribute to an increased chance to survive an accident. But decrease in fatalities is not due to technology alone. Driver behavior is still the most important factors in avoiding or causing a serious accident.</p>]]>
        <![CDATA[<p>By reducing the number of people who get behind the wheel after drinking for instance, a serious dent can be made in the number of fatal accidents. The same is now true of drivers who are distracted because they are texting or doing some other activity on their cellular phone. While drunk and distracted driving are difficult problems to overcome, there are methods of dealing through them using law enforcement and public education. In fact these efforts likely played a large role in the decrease in traffic fatalities.</p>
<p>Some dangerous driver behaviors are not as easy to put into a box. Straight forward negligence while driving still causes a great many accidents. Hopefully as we continue to improve highway safety, we will see a similar increase in responsible driving.</p>
<p><strong>Source: </strong>USA Today, "<a href="http://content.usatoday.com/communities/driveon/post/2012/05/2011-may-have-had-fewest-traffic-fatalities-ever/1#.T61j3VK8GSp" target="_blank">Feds estimate 2011 had fewest traffic deaths on record</a>," May 8, 2012</p>]]>
    </content>
</entry>

<entry>
    <title>Even the Purest Hopes Have Consequences</title>
    <link rel="alternate" type="text/html" href="http://www.houstontxpersonalinjurylawyer.com/2012/05/even-the-purest-hopes-have-consequences.shtml" />
    <id>tag:www.houstontxpersonalinjurylawyer.com,2012://7901.244252</id>

    <published>2012-05-09T19:31:09Z</published>
    <updated>2012-05-09T19:33:37Z</updated>

    <summary>There is an ancient adage that: &quot;The road to hell is paved with good intentions.&quot; It assumed a renewed reality for a Dallas area father of two, over the last several months, as he battled to recover his health after...</summary>
    <author>
        <name>The Law Firm of Alton C. Todd</name>
        <uri>http://www.houstontxpersonalinjurylawyer.com/mt-bin/mt-cp.cgi?__mode=view&amp;blog_id=7901&amp;id=8361</uri>
    </author>
    
    
    <content type="html" xml:lang="en-us" xml:base="http://www.houstontxpersonalinjurylawyer.com/">
        <![CDATA[<p style="TEXT-ALIGN: justify">There is an ancient adage that: "The road to hell is paved with good intentions." It assumed a renewed reality for a Dallas area father of two, over the last several months, as he battled to recover his health after a weight-loss related stomach surgery that went horribly wrong. Since such surgery is increasingly common, as Americans come to grips with the epidemic of obesity overtaking the entire country, his story is worth considering.</p>
<p style="TEXT-ALIGN: justify">The young, well-intentioned father had battled his weight for years. But, despite sincere efforts, his weight had ballooned to over 350 pounds; and he had gotten so obese that he could not even take his two small kids to nearby Six Flags amusement park, for a day of fun. Frustrated with his own futile weight-loss efforts, he elected to drive 60 miles, to Dallas, to undergo bariatric surgery. Although that term encompasses several types of surgery, he selected a "sleeve" procedure, wherein the surgeon removed three-quarters of his stomach.</p>
<p style="TEXT-ALIGN: justify">Unfortunately, what should have been an in-and-out procedure instead became a grueling life-and-death struggle. The area where his truncated stomach was stapled to his small intestine ruptured after surgery, causing a fluid leak into his abdomen; and he rapidly developed a near-fatal infection. Thereafter, he underwent five subsequent repair surgeries to correct the problem and to battle the infection. On several occasions, the man actually feared he was dying; and his family was left fearful and anxious. He was on a feeding tube for seven months, unable to drink or eat; and now his stomach area is crisscrossed with surgical and intubation scars.</p>
<p style="TEXT-ALIGN: justify">In the end, the man lost 100 pounds; but, he also lost a year of his life. In retrospect, he conceded that he didn't do much research about what he was getting into; and that he rushed into what he considered a quick-fix to a vexing problem, without proper consideration of the risks. The now trimmer and wiser man says he focused far more on the hoped-for solution, and way too little on the very real hazards involved; being unrealistically influenced by radio ads, and the promotional story of a local pro-football player who touted the "great" results of his own bariatric surgery experience.</p>
<p style="TEXT-ALIGN: justify">Bariatric surgeons note that this is a common attitude, even if the man's awful experience is not. Like all surgeries, the bariatric form is a significantly invasive procedure with serious potential consequences. 1% of bariatric surgery patients die, and studies by the National Institute of Health show that fully 10-20% 0f patients suffer moderate to severe complications. Often these complications require follow-up surgeries. In the first place, the surgery is only recommended for those morbidly obese individuals who are at least 100 pounds over normal weight, and have not responded to any serious weight-loss efforts, including diet and exercise. Thus, that necessarily means poor-risk surgical candidates, who often have diabetes, elevated blood pressure, and other conditions, that add risks to the surgery. Second, such procedures are effective, where diets and exercise regimens fail, because they physically alter the amount of food that can be taken in and the way the body processes it for nutrients; however, the surgery is not a total solution, in and of itself. Patients must commit to long-term changes in eating habits, exercise and all the other behaviors than contribute to a healthier lifestyle. Since that very adjustment was exceedingly difficult for such patients before surgery, it often presents a daunting challenge post-surgery. Therefore, surgeons caution that at least 5% of bariatric surgery patients return to their pre-surgery weight, adding even more risks to the surgery.</p>
<p style="TEXT-ALIGN: justify">Post-surgical complications, according to the Mayo Clinic, even with conscientious patients, can include pulmonary embolism formulation in the legs. These are small blood clots that can migrate to the heart, lungs or brain, causing life-threatening heart-attacks or strokes. Another risk is peritonitis, such as the Dallas area man experienced. This is a bacterial infection within the abdomen, caused by leakage of bacteria-laden fluids from the digestive tract into the abdomen. These infections are highly inflammatory and hard to treat. Chronic vomiting is still another complication, which can leave patients dangerously dehydrated, exhausted and susceptible to secondary infections. And "dumping syndrome" is yet another one. It occurs when food passes too quickly through the smaller stomach and into the small intestine. It causes nausea, sweating, feeling feint, and diarrhea; and can quickly lead to serious nutritional deficiencies, and still more problems.</p>
<p style="TEXT-ALIGN: justify">Duke University recently released a much-publicized study that by 2030, fully 40% of Americans will be severely obese. Even now, the Centers for Disease Control and Prevention report a truly alarming escalation of child-diabetes, a virtual epidemic of weight gain by all segments of the population, and astonishing increases in the numbers of Americans who are seriously obese. Bluntly, we are becoming a nation of fatties. Fast-food, super-sizing of everything, snacks and quick-preparation meals high in sugar, empty calories, and gobs of fat, an aversion to exercise, monstrously large sugar-filled soft drinks, and a number of other things, have expanded waistlines like never before in our history. Indeed, the CDC warns that America's current generation of children face actually shorter life-spans than their parents or grand-parents, due to the risks of diabetic complications, resurging heart disease, strokes and other weight-related health risks.</p>
<p style="TEXT-ALIGN: justify">The Dallas area dad certainly meant well. But, his experience should be a warning to the rest of us that diet, exercise, good judgment and common sense can help to avoid his nightmare. If you love your family, as he certainly does, take the whole bunch out for a lot more walks and lay off the sodas, chips and other junk food. Help plan and prepare better meals, and take your and their weight seriously. The health of every one of us is in real jeopardy; and only we can fix that! The time to do it is now, when conservative and even pleasant options, and not life-threatening surgery, are part of a realistic solution. <a></a></p>]]>
        
    </content>
</entry>

<entry>
    <title>Medical error results in cerebral palsy</title>
    <link rel="alternate" type="text/html" href="http://www.houstontxpersonalinjurylawyer.com/2012/05/medical-error-results-in-cerebral-palsy.shtml" />
    <id>tag:www.houstontxpersonalinjurylawyer.com,2012://7901.243943</id>

    <published>2012-05-09T16:04:14Z</published>
    <updated>2012-05-09T16:05:16Z</updated>

    <summary>Here in Houston we have world-class hospitals and medical care facilities. As patients we entrust our health and our lives to the care of these doctors and assume that when we seek medical treatment the health care professionals will perform...</summary>
    <author>
        <name>The Law Firm of Alton C. Todd</name>
        <uri>http://www.houstontxpersonalinjurylawyer.com/mt-bin/mt-cp.cgi?__mode=view&amp;blog_id=7901&amp;id=8361</uri>
    </author>
    
        <category term="Birth Injury" scheme="http://www.sixapart.com/ns/types#category" />
    
    <category term="birthinjury" label="birth injury" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="medicalmalpractice" label="medical malpractice" scheme="http://www.sixapart.com/ns/types#tag" />
    
    <content type="html" xml:lang="en-us" xml:base="http://www.houstontxpersonalinjurylawyer.com/">
        <![CDATA[<p>Here in Houston we have world-class hospitals and medical care facilities. As patients we entrust our health and our lives to the care of these doctors and assume that when we seek medical treatment the health care professionals will perform in accordance with the standard of care that their training and experience provides. But unfortunately, there are times when doctors make mistakes. <a href="http://www.altontodd.com/Medical-Malpractice/Birth-Injuries.shtml" target="_blank">Medical malpractice</a> can cause devastating injuries.</p>
<p>Any time that we seek medical care we are in a somewhat vulnerable position. While we are injured or ill, we put our trust in the hands of physicians and other medical professionals. One of the most vulnerable classes of patients are newborn infants. Negligence during the birthing process can lead to brain injuries, cerebral palsy, and a host of other injuries that will impact the infant for their entire lives. This appears to be the tragic circumstance that befell one family.</p>]]>
        <![CDATA[<p>In this case, there was a substantial delay in performing an emergency cesarean section. The 81 minute delay is thought to have led to brain damage in the infant who now suffers from severe spastic quadriplegic cerebral palsy. This case is particularly troubling because the cause of the delay was the doctors mistaken conclusion that the baby had died prior to birth.</p>
<p>The woman came into the hospital during her 36<sup>th</sup> week. The doctor attempted to determine whether the infant was in distress, and when fetal monitoring was inconclusive, performed an ultrasound examination. The ultrasound was apparently performed with outdated and poorly maintained equipment. After the ultrasound, the doctor told the woman that her baby was dead. There was not an ultrasound technician on-site and one had to be called to come in from home. When another ultrasound was performed it was determined that the baby was indeed alive and an emergency c-section was performed.</p>
<p>The original doctor contends that the baby was actually dead and then simply came back to life 81 minutes later. The family argued that the baby was actually struggling for its life the entire time and that the doctor had simply made an error due to the faulty equipment. A jury apparently agreed with the family and awarded a significant sum of money to compensate the family and hold the doctor and hospital accountable.</p>
<p><strong>Source: </strong>Philadelphia Business Journal, "<a href="http://www.bizjournals.com/philadelphia/news/2012/05/04/pottstown-memorial-medical-center.html" target="_blank">Pottstown hospital ordered to pay $78.5 million</a>," Jeff Blumenthal and John George, May 4, 2012</p>]]>
    </content>
</entry>

<entry>
    <title>Some Fun Is Dangerous</title>
    <link rel="alternate" type="text/html" href="http://www.houstontxpersonalinjurylawyer.com/2012/05/some-fun-is-dangerous.shtml" />
    <id>tag:www.houstontxpersonalinjurylawyer.com,2012://7901.243155</id>

    <published>2012-05-08T15:02:51Z</published>
    <updated>2012-05-08T15:11:21Z</updated>

    <summary>For the last few months, a disturbing story has played out involving the streets of seemingly placid Pearland. Essentially, a 13-year old, male child was riding a go-cart on a neighborhood street. A mother in the area went out in...</summary>
    <author>
        <name>The Law Firm of Alton C. Todd</name>
        <uri>http://www.houstontxpersonalinjurylawyer.com/mt-bin/mt-cp.cgi?__mode=view&amp;blog_id=7901&amp;id=8361</uri>
    </author>
    
    <category term="gocartinjuredcollisionatvscootersgolfcartstexastransportationcode" label="go-cart; injured; collision; ATV; scooters; golf-carts; Texas Transportation Code;" scheme="http://www.sixapart.com/ns/types#tag" />
    
    <content type="html" xml:lang="en-us" xml:base="http://www.houstontxpersonalinjurylawyer.com/">
        <![CDATA[<p style="TEXT-ALIGN: justify">For the last few months, a disturbing story has played out involving the streets of seemingly placid Pearland. Essentially, a 13-year old, male child was riding a go-cart on a neighborhood street. A mother in the area went out in her car, to confront the child about speeding and un-safe maneuvers. As the woman's car approached the child's go-cart, a collision ensued, in which the child was injured. As the mother was white, and the child black, several media reports were issued suggesting the mother intentionally hit the child, with racial motivation. The mother protested vehemently that the collision was accidental. After a protracted investigation, on Friday, May 4<sup>th</sup>, a local grand jury cleared the woman of any criminal wrong-doing. The child continues to recover from his injuries.</p>
<p style="TEXT-ALIGN: justify">There is no question that go-carts, all-terrain vehicles (ATVs), scooters, golf-carts, motorized skateboards, and other, even more exotic motorized transportation devices are a lot of fun. But, according to the Texas Transportation Code, all such devices require a safety permit, eye protection and safety helmets, to operate on public roads; and children under the age of 14 must be accompanied by a parent or adult. Also, such "vehicles" must have lights, and they are subject to the same operation and insurance laws as regular vehicles. These requirements are particularly important because the potential for a mishap goes up considerably, the less visible the smaller device is. In a collision with a vehicle several times larger, the laws of physics mandate the potential for serious injury. Also, smaller devices tend to move suddenly and erratically, which can make them extra hazardous.</p>
<p style="TEXT-ALIGN: justify">The streets of the Greater Houston area are more congested than ever. And, with drivers already distracted by traffic and all manner of communications devices, the potential for disaster is greater than ever before. Moreover, liability can attach to the driver of such a device, if he or she is responsible for causing an accident. Therefore, parents need to exercise caution in permitting the use of such devices. They should be used in uncongested areas, under proper supervision, and after instruction in safe operation. That way, they can be as fun as they are designed to be; while minimizing risk to all concerned.</p>
<p style="TEXT-ALIGN: justify">As always, common sense and reasonable precautions can avoid serious injuries or worse, and a lot of heartache. The time to consider the potential for such is in the planning, never in the aftermath.</p>
<p>Further reading: <a href="http://www.khou.com/news/local/No-charges-in-Pearland-go-kart-crash-150226355.html">http://www.khou.com/news/local/No-charges-in-Pearland-go-kart-crash-150226355.html</a></p>]]>
        
    </content>
</entry>

<entry>
    <title>I Didn&apos;t See Nuthin&apos;!</title>
    <link rel="alternate" type="text/html" href="http://www.houstontxpersonalinjurylawyer.com/2012/05/i-didnt-see-nuthin.shtml" />
    <id>tag:www.houstontxpersonalinjurylawyer.com,2012://7901.242518</id>

    <published>2012-05-07T15:27:21Z</published>
    <updated>2012-05-07T15:30:18Z</updated>

    <summary>A video of a male Fort Bend ISD student savagely pummeling a female classmate has sent shockwaves throughout the district. Dozens of students at Thurgood Marshall High School, in Missouri City, gathered to watch the violent confrontation between the two...</summary>
    <author>
        <name>The Law Firm of Alton C. Todd</name>
        <uri>http://www.houstontxpersonalinjurylawyer.com/mt-bin/mt-cp.cgi?__mode=view&amp;blog_id=7901&amp;id=8361</uri>
    </author>
    
    <category term="fortbendstudentviolentconfrontationthreatslocksockbeatsafetyteachers" label="Fort Bend; student; violent; confrontation; threats; lock; sock; beat; safety; teachers" scheme="http://www.sixapart.com/ns/types#tag" />
    
    <content type="html" xml:lang="en-us" xml:base="http://www.houstontxpersonalinjurylawyer.com/">
        <![CDATA[<p style="TEXT-ALIGN: justify">A video of a male Fort Bend ISD student savagely pummeling a female classmate has sent shockwaves throughout the district. Dozens of students at Thurgood Marshall High School, in Missouri City, gathered to watch the violent confrontation between the two sophomores; but, curiously, no administrators or teachers were in evidence, despite a warning earlier that same day, by the female student's mother to the school's tenth-grade principal, that threats had been received from the male student. He assured the mother he was "on top of it"; but, was nowhere to be seen, when the fight ensued. The fight was brief, but brutal. The male student used a lock in a sock to beat the girl on the face. She later had to be taken to the hospital to have staples applied to deep facial cuts.</p>
<p style="TEXT-ALIGN: justify">The mother later angrily confronted the principal; but, he said only that her warning had "slipped his mind". School and district officials declined comment, citing an on-going police investigation and the privacy rights of minors. However, the next day, a letter was sent home with each of the school's students, stating the district's deep concern over the incident and its commitment to student safety. Unfortunately, such assurances after the fact did little to calm either student or parental safety concerns. Under the old adage that actions speak far louder than words, the district's attitude can only be perceived as disappointing at best. Local elected officials have promised an inquiry into the matter; but, so far, no charges have been filed and no arrests have been made.</p>
<p style="TEXT-ALIGN: justify">This incident is disturbing on several levels. First, the safety of every single school-aged child should be job one for every teacher and administrator. Kids cannot learn in an environment ruled by fear. There should be zero tolerance for school violence. <em>Period.</em> The male student should have been expelled on the spot. Criminal sanctions can and should await a full, fair investigation. But, any student willing to violently assault another student has no place in school. Second, it is distressing that the school principal obviously did not take the threat report seriously. Such a cavalier attitude towards student safety is appalling and should not be tolerated. Third, it seems almost incredible that teachers would not have been somewhere in the vicinity, to become alerted to a rapidly growing crowd of students. Word of a fight always spreads like wildfire on school campuses; and rapidly converging, excited students tend to make a <em>lot</em> of noise. How in the world could <em>all </em>of the teachers be so oblivious as to miss all that? Indeed, the ignored warning, the absence of teachers or staff, the blasé reaction of the district to this truly serious incident, and the apparent lack of any corrective measures all simply boggle the mind.</p>
<p style="TEXT-ALIGN: justify">Teachers properly note, often enough, that good education begins at home; that they are not supposed to be parents, ministers, moralists and police, left to deal with rude, disrespectful and unmotivated students. All of that is certainly true. But, this has nothing to do with bad manners or laziness. It has to do with the most basic obligation of schools: to take care of kids while they are there and to return them home safely. That is <em>solely </em>the school's job. And, this time they failed at it miserably. Any teacher who should have been in the area, and wasn't, should be disciplined. The principal should be fired. The male student should be immediately expelled. Once those things have occurred, the district should seriously revamp its policies and procedures towards school violence, to insure that this <em>never </em>happens again.</p>
<p style="TEXT-ALIGN: justify">If your child is ever involved in an incident like this, or is even forced to endure its occurrence, at the hands of others, you need to confront school and district officials forcefully and demand immediate and effective corrective action. If it is not forthcoming, consider the pursuit of litigation to compel it. We have a right to expect maximum effort from our kids, and the teachers whom we trust to educate them. But, even more, we have the right to demand safety in the schools our kids are required by law to attend every day. This sort of incident is flatly unacceptable. <a></a></p>]]>
        
    </content>
</entry>

<entry>
    <title>What Tragedy Lurks Within?</title>
    <link rel="alternate" type="text/html" href="http://www.houstontxpersonalinjurylawyer.com/2012/05/what-tragedy-lurks-within.shtml" />
    <id>tag:www.houstontxpersonalinjurylawyer.com,2012://7901.242515</id>

    <published>2012-05-07T15:22:37Z</published>
    <updated>2012-05-07T15:23:35Z</updated>

    <summary>On May 3rd, 43-year old, longtime NFL star Junior Seau was found unconscious in his San Diego apartment, with a self-inflicted gunshot wound, a handgun lying nearby. Following an autopsy by the San Diego County medical examiner&apos;s office, his death...</summary>
    <author>
        <name>The Law Firm of Alton C. Todd</name>
        <uri>http://www.houstontxpersonalinjurylawyer.com/mt-bin/mt-cp.cgi?__mode=view&amp;blog_id=7901&amp;id=8361</uri>
    </author>
    
    
    <content type="html" xml:lang="en-us" xml:base="http://www.houstontxpersonalinjurylawyer.com/">
        <![CDATA[<p style="TEXT-ALIGN: justify">On May 3<sup>rd</sup>, 43-year old, longtime NFL star Junior Seau was found unconscious in his San Diego apartment, with a self-inflicted gunshot wound, a handgun lying nearby. Following an autopsy by the San Diego County medical examiner's office, his death was ruled a suicide. A rugged, durable, fierce-hitting linebacker, Seau was selected for the Pro Bowl 12 straight times, during a playing career spanning more than 20 years. He was a popular player and news of his death shocked and saddened the professional football community, and fans alike. But, having retired three years ago, he had struggled with depression and his life had been rocky, with a divorce, a domestic violence charge and a 100-foot plunge, in his car, off a cliff.</p>
<p style="TEXT-ALIGN: justify">Seau was particularly mourned by former teammate Kyle Turley, who is dealing with his own mental issues, following a long pro-football career in which he too suffered a number of head injuries. While Seau never publicly acknowledged mental problems, Turley has already agreed to donate his brain to science, after he dies, in order to advance studies of long-term brain injuries in professional football players. Sadly, these two are by no means isolated examples of the serious consequences of multiple head trauma, in sports figures. Last year, former Chicago Bears star Dave Duerson left word for his family to have his brain tested for damage before fatally shooting himself in the chest. He firmly believed that repeated head blows from his hell-bent playing style had left him chronically depressed. And, Ray Easterling, a former Atlanta Falcons safety, was the lead plaintiff in a suit filed by a number of prominent former NFL stars, claiming the league did far too little in addressing concussion-related injuries; when he too committed suicide.</p>
<p style="TEXT-ALIGN: justify">Doctors, coaches and trainers have known for a long time that repeated blows to the head can have severe long-term consequences. Indeed, decades ago, the term "punch drunk" was coined to describe the phenomenon. Muhammad Ali remains a high-profile athlete who has struggled with the condition for many years. Sports at the professional level virtually all involve astonishing power, speed and intensity. So, it is small wonder that players in a wide range of sports, whether skiing, hockey, Nascar, basketball, football, soccer, wrestling, boxing and more, who suffer repeated, severe head blows over a number of years, have markedly higher incidences of dementia, Alzheimer's, depression, and other mental and cognitive problems than non-sports persons, in equivalent age groups.</p>
<p style="TEXT-ALIGN: justify">The huge problem, however, is that doctors are increasingly seeing these sorts of problems in people who have been engaged in far less rigorous activities than sports at the professional level. High school and college athletes, soldiers returning from war zones in Iraq and Afghanistan, accident victims, people operating heavy equipment, and even those who engage in rigorous recreational activities, are being increasingly frequently seen at emergency rooms and clinics, complaining of head trauma and its effects. Therefore, a brief consideration of head trauma and its effects is very worth-while.</p>
<p style="TEXT-ALIGN: justify">The Mayo Clinic notes that mild to moderate head injuries are referred to as concussions. The brain is actually suspended in synovial fluid within the cranium. This fluid acts as a barrier between the brain and its encasing skull; which cushions the brain from fairly modest blows to the head. But, when the skull is impacted with sufficient velocity or force, the brain slams into the skull and then rebounds back, often striking the skull again, on the opposite side. This repeated-blow process thereby "concusses" the brain. When it happens, bleeding can occur within the brain; and that, together with increased production of synovial fluid, to cushion the brain, result in swelling and intra-cranial pressure. If this is severe enough, the brain dies. But, even little traumas to the brain can cause scarring, disruption of normal brain function, serious psychological disorders, and other problems; and the bigger or more repetitive the trauma, the bigger the problems.</p>
<p style="TEXT-ALIGN: justify">Symptoms of mild brain injury may include loss of consciousness, confusion, disorientation, headache, dizziness, nausea, blurred vision, sensitivity to noise or light, anxiety, depression and mood and sleep disorders. Moderate to severe brain trauma can cause prolonged loss of consciousness, profound confusion, agitation, combativeness, odd behaviors, slurred speech, difficulty awakening, loss of coordination and concentration, weakness, fatigue, loss of bladder or bowel control, severe headaches, seizures, and more. It is important to know that even the very young can suffer brain injury. Indeed, babies are particularly susceptible because their skulls have not yet fused or hardened. That's why one should <em>never</em> shake a baby, even in play. In infants, symptoms can include changes in eating or nursing habits, persistent crying, unusual or easy irritability, loss of attention or interest in stimulation, activities or favorite toys, changes in sleep patterns, or lethargy or drowsiness. With both babies and adults, if these symptoms appear, particularly if several are present, or they persist, <em>immediate </em>medical attention should be promptly sought.</p>
<p style="TEXT-ALIGN: justify">With rapidly escalating numbers of G.I. veterans returning from Iraq and Afghanistan, with serious mental complaints following head traumas, the Veteran's Administration has set up regional clinics staffed with specially trained medical personnel, to be better prepared to spot and deal with traumatic brain injuries, which the military refers to as "TBIs". The VA notes that brain injury is not limited to actual head blows. It can come from sudden, erratic movement, such as on a roller coaster, sudden head lurches, like trying to duck an approaching baseball, and even jerky movements such as vigorous dancing or exercise. All this matters, of course, because medical researchers are increasingly learning that cumulative brain injuries can have dramatic effect on mood, precipitate psychological disorders, and cause depression leading to suicide. And, the scary part is that TBIs are not always accompanied by physical manifestations. They are often only revealed through social or work-related dysfuntionality, marital discord, domestic violence, high-risk taking activities, substance abuse, or even criminal activity.</p>
<p style="TEXT-ALIGN: justify">Therefore, if you or a loved one begins to exhibit changed behaviors, increased temper, difficulties at work, school or in social situations, exceptional fatigue, mood swings, changes in sleep patterns, appetite or activities, a lack of interest or withdrawal from usual pastimes, it's time to get medical help-NOW. If caught early, the problems can be properly diagnosed and treatment regimens can be formulated. But, these are far harder to formulate when the condition is well advanced. And, of course, they are impossible after a suicide. TBIs can occur at any age, from one event, or many small ones, can be minor or pronounced, can occur suddenly or over a protracted time. But, regardless of the form they take, these are always serious and need to be addressed by true professionals. <em>Please d</em>on't wait-the life you save may be your own!</p>]]>
        
    </content>
</entry>

<entry>
    <title>Texas driver charged in fatal crash</title>
    <link rel="alternate" type="text/html" href="http://www.houstontxpersonalinjurylawyer.com/2012/05/texas-driver-charged-in-fatal-crash.shtml" />
    <id>tag:www.houstontxpersonalinjurylawyer.com,2012://7901.241941</id>

    <published>2012-05-04T19:26:33Z</published>
    <updated>2012-05-04T19:27:28Z</updated>

    <summary>It nearly goes without saying that accidents involving big-rig semis have a significantly likelihood of leading to severe injuries or death. This was the tragic case in a recent truck accident involving two semi tractor trailers and two passenger vehicles....</summary>
    <author>
        <name>The Law Firm of Alton C. Todd</name>
        <uri>http://www.houstontxpersonalinjurylawyer.com/mt-bin/mt-cp.cgi?__mode=view&amp;blog_id=7901&amp;id=8361</uri>
    </author>
    
        <category term="Truck Accidents" scheme="http://www.sixapart.com/ns/types#category" />
    
    <category term="fatalaccidents" label="fatal accidents" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="truckaccidents" label="truck accidents" scheme="http://www.sixapart.com/ns/types#tag" />
    
    <content type="html" xml:lang="en-us" xml:base="http://www.houstontxpersonalinjurylawyer.com/">
        <![CDATA[<p>It nearly goes without saying that accidents involving big-rig semis have a significantly likelihood of leading to severe injuries or death. This was the tragic case in a recent <a href="http://www.altontodd.com/Trucking-Accidents/" target="_blank">truck accident</a> involving two semi tractor trailers and two passenger vehicles. Now the Texas truck driver who is accused of having caused the accident is facing serious criminal charges in the accident.</p>
<p>The truck driver now facing charges was driving a semi loaded with furniture when the accident occurred just before six-clock on Wednesday. His truck struck another semi truck from the rear and then began to go around the other truck in the center lane. Law enforcement officials say that after striking the other truck the furniture semi ran off the highway across the shoulder and into the grass. Unfortunately that was not the end of this chain reaction truck accident.</p>]]>
        <![CDATA[<p>After running off the highway, the furniture truck continued onto an onramp where it struck the first of two passenger vehicle, knocking it off the road and injuring the driver and a passenger in that vehicle. The semi continued on its path of destruction until it slammed into a Ford sedan. The semi shoved the Ford against a guardrail eventually rolling on top of the Ford. The 42-year-old woman driving the Ford was killed in the crash.</p>
<p>The woman who was killed in the crash had been a teacher's aide working with special needs students. She was also the mother of two; when the crash occurred she had been on her way to watch one of her daughters play in a softball game.</p>
<p><strong>Source: </strong>Knoxnew.com, "<a href="http://www.knoxnews.com/news/2012/may/03/rig-driver-in-fatal-i-40-crash-charged-with/" target="_blank">Fatal wreck leaves big hole at Lenoir City High School</a>," Hayes Hickman, Don Jacobs, May 3, 2012</p>]]>
    </content>
</entry>

<entry>
    <title>Convicted Houston drunk driver faces court ordered public humiliation after fatal crash</title>
    <link rel="alternate" type="text/html" href="http://www.houstontxpersonalinjurylawyer.com/2012/05/convicted-houston-drunk-driver-faces-court-ordered-public-humiliation-after-fatal-crash.shtml" />
    <id>tag:www.houstontxpersonalinjurylawyer.com,2012://7901.240275</id>

    <published>2012-05-02T15:01:13Z</published>
    <updated>2012-05-02T15:02:32Z</updated>

    <summary>It is an unthinkable tragedy when a family loses a child because someone else decided to get behind the wheel of a car after having had too much to drink. The family can never truly be made whole again, they...</summary>
    <author>
        <name>The Law Firm of Alton C. Todd</name>
        <uri>http://www.houstontxpersonalinjurylawyer.com/mt-bin/mt-cp.cgi?__mode=view&amp;blog_id=7901&amp;id=8361</uri>
    </author>
    
        <category term="Car Accidents" scheme="http://www.sixapart.com/ns/types#category" />
    
    <category term="caraccidents" label="car accidents" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="drunkdrivers" label="drunk drivers" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="fatalaccidents" label="fatal accidents" scheme="http://www.sixapart.com/ns/types#tag" />
    
    <content type="html" xml:lang="en-us" xml:base="http://www.houstontxpersonalinjurylawyer.com/">
        <![CDATA[<p>It is an unthinkable tragedy when a family loses a child because someone else decided to get behind the wheel of a car after having had too much to drink. The family can never truly be made whole again, they can heal emotionally and they can be compensated economically. But the family will always be missing an integral piece of itself. Many feel that no level of consequences is sufficient for a drunk driver might face for killing someone's child in a completely avoidable <a href="http://www.altontodd.com/Motor-Vehicle-Accidents/Drug-and-Alcohol-Accidents.shtml" target="_blank">drunk driving accident</a>.</p>
<p>Recently, a Harris County judge imposed an unorthodox sentence against a driver who had been convicted after a fatal drunk driving crash. The drunk driver apparently ran a red light and struck the 20-year-old victim's car. The victim was ejected from the car and died as a result of his injuries. The drunk driver was sentenced to 90 days in jail and an additional four Saturdays of going to the scene of the accident and holding a sign admitting that he had killed the young man.</p>]]>
        <![CDATA[<p>The convicted drunk driver apparently spent what was to be the first of the four Saturdays at the scene holding the sign. As one might imagine the man received some negative reactions and even hostility from passersby. Reportedly a group of teenagers walking by had yelled and swore at him, though there were no reports that he had been threatened or battered in any way. But as a result of the hostility the court has decided that it will revise the sentence based on safety concerns for the drunk driver. He is expected to be resentenced today.</p>
<p><strong>Source: </strong>Houston Chronicle, "<a href="http://www.chron.com/news/houston-texas/article/DWI-driver-s-public-punishment-temporarily-3518369.php" target="_blank">DWI driver's suspension of punishment rallies NW Harris residents</a>," Jennifer Pearson, April 29, 2012</p>]]>
    </content>
</entry>

<entry>
    <title>A Shot That Makes One Shudder</title>
    <link rel="alternate" type="text/html" href="http://www.houstontxpersonalinjurylawyer.com/2012/05/a-shot-that-makes-one-shudder.shtml" />
    <id>tag:www.houstontxpersonalinjurylawyer.com,2012://7901.239807</id>

    <published>2012-05-01T15:27:25Z</published>
    <updated>2012-05-01T15:30:36Z</updated>

    <summary>During the late afternoon of Sunday, April 29th, tragedy struck suddenly and violently, in a scene right out of every parent&apos;s nightmares. Several young children who all live in an apartment complex in the 2000 block of Laverne, in west...</summary>
    <author>
        <name>The Law Firm of Alton C. Todd</name>
        <uri>http://www.houstontxpersonalinjurylawyer.com/mt-bin/mt-cp.cgi?__mode=view&amp;blog_id=7901&amp;id=8361</uri>
    </author>
    
    
    <content type="html" xml:lang="en-us" xml:base="http://www.houstontxpersonalinjurylawyer.com/">
        <![CDATA[<p style="TEXT-ALIGN: justify">During the late afternoon of Sunday, April 29<sup>th</sup>, tragedy struck suddenly and violently, in a scene right out of every parent's nightmares. Several young children who all live in an apartment complex in the 2000 block of Laverne, in west Houston, went into the closet of an apartment a girl shared with her uncle, looking for money to buy some food. There, the found a loaded, unlocked pistol. Being curious children, they took it outside to play with. A short time later, one of the children fired the pistol accidentally. The bullet ricocheted off an apartment building an entered the arm of an 11-year old boy in the group, entering his chest. He collapsed, and although a nurse living nearby rushed to his aid and performed CPR, it was to no avail. The boy died after being transported to the hospital. One of the children, hysterical after witnessing the shooting, called his mother; who came home to comfort him, at break-neck speed. She reported that he was terribly distraught. Police took the child who fired the fatal shot in for brief questioning, but he was released without charges. The witnesses were questioned as well. The matter will be referred to the grand jury.</p>
<p style="TEXT-ALIGN: justify">In the weeks ahead, there will undoubtedly be a reckoning. The children involved will never be the same; and the uncle who left the weapon in harm's way will most certainly face serious questioning, to say nothing of likely litigation and even criminal charges. But, all that hand-wringing, regardless of the outcome, will never bring that 11-year old back to life. The NRA and gun advocates endlessly preach that Guns Don't Kill People, People Do. True enough, to a point. But, it's an absolute certainty that if those kids had found just about any other object imaginable, to take outside to play with, that little 11-year old would still be happily among us. In such circumstances, I sure the vitality of the Second Amendment is of scant solace to his grieving family.</p>
<p style="TEXT-ALIGN: justify">People in this country generally have the right to keep and bear arms. But, that right is hardly unfettered; and it comes with some serious moral and legal obligations. Unfortunately, the vast majority of gun owners ignore the obligation part of that deal. Law enforcement authorities estimate that there are a breathtaking 77 <em>million </em>handguns stored in vehicles, homes and businesses across the entire nation, that are unlocked and easily accessible. That's one for every single person in this country; and that ignores the tens of millions more of shotguns and rifles packed away in all those very safe properties out there. Ammunition is stored with an estimated 30% of those guns; and guess what else is there- tens of millions of children who are just as curious as the kids in this tragic accident. Thus, it comes as no surprise that stored guns present three forms of well-documented hazards: (1) accidental shootings by children; (2) suicides by adolescents; and, (3) intentional harm by criminals who steal those guns.</p>
<p style="TEXT-ALIGN: justify">Make no mistake, under § 46.13 of the Texas Penal Code, it's a crime to keep an unsecured gun that is "readily accessible" to a child younger than 17. But, it's a misdemeanor even if the gun subsequently causes death or serious injury; and there are other de-fanging elements of the law as well. And Congress has been equally spineless in serious gun control efforts, at the federal level. Rep. Jackson-Lee offered a child gun safety law in January, 2007. But, the bill had exactly zero co-sponsors, and was quickly banished to an obscure committee, where it has languished for over five years. So, clearly criminal law is not the path to a meaningful solution any time soon. Rather, it will take the evolution of civil law, as expressed by local juries, to begin to curtail gun owner irresponsibility, on any serious scale.</p>
<p style="TEXT-ALIGN: justify">Having a gun is not the problem. Kept locked, in a gun case, under responsible supervision, and available to those with appropriate knowledge and training, it can be an invaluable tool for family safety, hunting and recreation. But, while carrying a concealed weapon requires a special license and training, any block-headed moron can buy one, stuff it full of bullets and throw it into a dresser drawer. Once there, it makes about as much sense as keeping a box of dynamite by the stove. There is no question that such irresponsible conduct is actionable negligence in Texas and just about every other state. But, even as a lawyer, I will hasten to admit that a successful lawsuit is no substitute whatever for a departed child. The NRA and virtually all gun manufacturers pay great lip-service to the need to securely store guns. But, in the same breath, they extoll the need to be able to whip that bad boy out in time of crisis, as though every single gun owner has the coolness and finesse of Dirty Harry. I'm willing to bet the farm that the child who fired that fatal accidental shot doesn't feel much like old Harry.</p>
<p style="TEXT-ALIGN: justify">Interestingly, there are two groups who are pretty rabid that guns should be stored locked <em>and </em>unloaded: street cops and emergency room physicians. These are the people who most frequently come face to face with the gruesome realities of gun-owner irresponsibility. But, ask any politician about it, and he or she will crab-walk off into the gloom, muttering about the right of self-defense. As a result, gun ownership remains huge business and wildly popular with average voters. Consequently, the cold facts of gun ownership reveal some chilling numbers. A recent study of over 5,600 gun owning families revealed that 61% of those families report an unlocked gun in the home; and 58% report storing ammunition nearby. 15 % report having those guns loaded. Handguns are <em>twelve times </em>more likely to be stored unlocked and loaded than larger weapons; even though they are far more accessible to and firable by children. And of course these are only the numbers reported. The psychologists who conducted the study believe the real numbers in all of these categories are far higher.</p>
<p style="TEXT-ALIGN: justify">Now, let's briefly consider the real-world fall out of such lax attitudes. An estimated 440 children and teens are killed yearly, in accidental shootings. Firearms are the fifth leading cause of death among children under the age of 16. A study by the Journal of the American Medical Association reported that states with criminal penalties for unrestricted access by children to guns have 23% fewer gun related child deaths yearly. Guns are also used in dozens of teen suicides annually. More, 85-90% of gun attempted suicides are successful; so there is little chance to back out after the act. By comparison, drug related attempts are successful less than 1% of the time. Sadly, the child suicide rate in the United States is an appalling eleven times higher than any other industrialized nation on earth. That's a shameful category to be the world's champion in.</p>
<p style="TEXT-ALIGN: justify"><a></a>And as if all that weren't enough, the FBI reports that 274,000 firearms are stolen yearly; the vast majority of which later surfacing in criminal activity. There are 2.5 million burglaries every year; and the favored target is weapons. In 2006, there were 30,896 gun deaths and 71,417 injuries. Firearms were used in 84% of homicides nationwide, involving persons between the age of 10 and 24- in other words our kids. So much for guns making this a safer country, folks.</p>
<p style="TEXT-ALIGN: justify">Look. If you're a gun advocate, there is little point in arguing the hazards of ownership. It's about as futile as arguing religion with someone who actually claims to talk to God. But, if you're hell-bent on buying a gun, for God's sake, and that of your children, put it under lock and key, and well away from curious eyes and hands. The time you <em>never </em>want to re-examine that cherished ownership right is at the funeral of your dead child, or that of another child, your kid has accidently murdered. Believe me, you won't feel the least bit like Dirty Harry.</p>
<p>Continue reading: <a href="http://www.khou.com/news/local/HPD-11-year-old-boy-fatally-shot-149435185.html">http://www.khou.com/news/local/HPD-11-year-old-boy-fatally-shot-149435185.html</a></p>
<p>&nbsp;</p>]]>
        
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