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Understanding Product Liability Law
In today's consumer-driven society, the safety and reliability of products are of paramount importance. Unfortunately, product designers, manufacturers, and distributors sometimes make mistakes that cause harm to consumers. When that happens, consumers have the right to pursue justice and compensation for their injuries and related losses.
At Wham & Rogers, our Conroe injury lawyers help clients explore their legal rights and options when a product causes them harm. Product liability law serves as a crucial legal framework that holds manufacturers, distributors, and sellers accountable for the products they put on the market. Our lawyers help clients pursue accountability, justice, and compensation.
In the article below, we explore the fundamentals of product liability law, its objectives, and how it safeguards consumers' rights and well-being. If you have questions, please do not hesitate to call us at (832) 592-1108.
Product Liability Law
Product liability law is a branch of civil law that holds manufacturers, distributors, and sellers responsible for any harm caused by their defective products. The primary goal is to provide legal recourse to consumers who suffer injuries or damages resulting from the use of a defective product. This law establishes the legal responsibility of all parties involved in the product's life cycle, including the manufacturer, distributor, and retailer.
Key Principles of Product Liability
Product liability law is guided by several core principles that underpin its implementation and application. These principles include strict liability, negligence, and breach of warranty.
- Strict Liability: Under this principle, a manufacturer is held strictly liable for any harm caused by their defective product, regardless of fault. This means that if a product is deemed defective and causes injury or damage, the manufacturer can be held liable even if they were not negligent in designing, manufacturing, or distributing the product.
- Negligence: Negligence occurs when a manufacturer fails to exercise reasonable care in the design, production, or marketing of a product. To establish negligence, the injured party must demonstrate that the manufacturer owed a duty of care, breached that duty, and the breach directly caused the injury or damage.
- Breach of Warranty: A breach of warranty occurs when a product fails to meet the promises or claims made by the manufacturer or seller. This can be either an express warranty (explicitly stated) or an implied warranty (unwritten, but legally assumed). If a product fails to conform to its warranties and causes harm, the injured party may have a valid claim for compensation.
Types of Product Defects
Product liability law recognizes three main types of defects that can give rise to liability: design defects, manufacturing defects, and marketing defects.
- Design Defects: A design defect exists when a product's design is inherently dangerous or flawed, making it unreasonably unsafe for its intended use. In such cases, the product poses a significant risk to consumers, regardless of how it was manufactured. Manufacturers can be held liable for injuries caused by a design defect, even if they followed the manufacturing process correctly.
- Manufacturing Defects: Manufacturing defects occur when a product departs from its intended design due to an error or defect that arises during the manufacturing process. These defects may occur in a small number of products within a larger batch or occur as isolated incidents. Manufacturers can be held liable for injuries caused by manufacturing defects, as the defect renders the product unsafe for consumer use.
- Marketing Defects: Marketing defects encompass issues related to inadequate warnings, insufficient instructions, or misleading advertising. If a product lacks proper warnings about potential risks or fails to provide adequate instructions for safe use, the manufacturer may be held liable for injuries resulting from the product's foreseeable misuse.
Examples of Product Liability Lawsuits
There are many different types of products that can be the subject of a product liability lawsuit, including:
- Toys: Toys that are defective or dangerous can cause serious injuries to children. For example, toys with small parts that can be a choking hazard, toys with sharp edges that can cause cuts, and toys with batteries that can leak and cause burns.
- Cars: Cars that are defective or dangerous can cause serious injuries in accidents. For example, cars with faulty brakes, cars with defective airbags, and cars with design defects that make them more likely to roll over in accidents.
- Medical Devices: Medical devices that are defective or dangerous can cause serious injuries to patients. For example, medical devices with faulty parts, medical devices that are not properly sterilized, and medical devices that are designed in a way that makes them more likely to cause injuries.
- Food and Beverages: Food and beverages that are contaminated with harmful bacteria or chemicals can cause serious illnesses, including food poisoning and botulism.
- Construction Products: Construction products that are defective or dangerous can cause serious injuries to workers and homeowners. For example, construction products with faulty materials, construction products that are not properly installed, and construction products that are designed in a way that makes them more likely to cause injuries.
Here are some examples of product liability lawsuits that have been filed in recent years:
- In 2020, Volkswagen was facing lawsuits alleging that its diesel vehicles were equipped with software that cheated on emissions tests. The company eventually agreed to pay $15 billion to settle the claims.
- In 2019, Ford Motor Company was facing lawsuits alleging that its Explorer SUVs were defective and caused rollover accidents. The company eventually agreed to pay $10 billion to settle the claims.
- In 2018, Johnson & Johnson was facing thousands of lawsuits alleging that its talcum powder products caused ovarian cancer. The company eventually agreed to pay $2.1 billion to settle the claims.
If you have been injured by a defective or dangerous product, it is important to speak with an experienced product liability lawyer as soon as possible. An lawyer can help you understand your legal rights and options and can help you file a lawsuit if necessary.
Why Contact a Product Liability Lawyer
Understanding the key principles of product liability and the types of defects that can lead to liability empowers consumers. Still, it is beneficial to work with a skilled product liability lawyer when filing a claim. Why? There are many reasons, including:
- Expertise and Knowledge: Product liability lawyers specialize in this area of law and have in-depth knowledge of product liability statutes, regulations, and case precedents.
- Evaluation of Claims: A product liability lawyer can assess the strength of your case and determine whether you have a valid claim. They can review the evidence, investigate the product's defects, and identify potential liable parties such as manufacturers, distributors, or retailers.
- Gathering Evidence: Product liability cases often require thorough investigation and gathering of evidence to establish liability. Lawyers have the resources and expertise to collect the necessary evidence, including product testing, expert opinions, witness testimonies, and documentation to support your claim.
- Negotiating Settlements: Many product liability cases are resolved through negotiation and settlement discussions. Your lawyer can engage in these negotiations on your behalf, advocating for your rights and seeking fair compensation for your injuries, medical expenses, lost wages, and other damages.
- Trial Representation: In the event your case goes to trial, having an lawyer by your side is crucial. They will present your case, cross-examine witnesses, and argue on your behalf. Experienced product liability lawyers know how to navigate the courtroom and maximize your chances of a favorable outcome.
By hiring a product liability lawyer, you can focus on your recovery and well-being while knowing that your legal matters are being handled by a professional who has your best interests at heart.
Get a Free Injury Consultation
If you have questions about product liability law, or believe you may have a case, contact Wham & Rogers for help. Our Board Certified personal injury lawyer will carefully assess your situation and help you determine if you have an actionable case.
Get the help you need with a free consultation with a Conroe injury attorney by calling us at (832) 592-1108 or texting us at (832) 413-1428.
Up to 40% of all commercial truck accidents are caused by distracted driving. In 2018, there were 4,832 deaths caused by distracted truck drivers. That number was 4,977 in 2019 and 4,777 in 2020, according to the Federal Motor Carrier Safety Administratio n. The categories of distracted driving tracked by the FMCSA include: Talking or Listening to Cellular Phone Other Cellular Phone Related Using or Reaching For Device/Object Brought Into Vehicle Eating or Drinking Dialing/Manipulating Cellular Phone a Lost In Thought/Day Dreaming Adjusting Audio and/or Climate Controls Using Other Device/Controls Integral to Vehicle Distracted By Other Occupant(s) Careless/Inattentive Distracted By Moving Object in Vehicle Distraction/Careless Looked But Did Not See Smoking Related Cell phone use by truck drivers It’s important to note that the FMCSA prohibits texting and the use of handheld devices by truck drivers. Violations can result in fines, and even suspension of commercial driver’s licenses. Drivers who use handheld devices are 4x more likely to be in a serious crash. Text messaging increases the risk of a collision by 23 times. Cell phone use delays a driver’s reaction time as much as a blood alcohol concentration of 0.08%. How does distracted driving affect truck drivers’ performance? Distracted driving can slow the driver’s perception of traffic events, resulting in delayed reaction times. Slow reaction times may cause incorrect steering, too much brake pressure or inaccurate accelerator pressure. What can trucking companies do to reduce distracted driving by truck drivers? Require regular distracted driving training for drivers; Install distracted driving software which blocks use of social media, streaming video and texting while driving; Develop a distracted driving policy and require each employee to sign it, requiring them to agree to follow the policy. Enforce their distracted driving policy—and reprimand employees who fail to follow the policy. Educate dispatchers: Dispatchers shouldn’t expect immediate responses if drivers are on the road. Remind drivers to set their voicemail and call forwarding when on the road. Use driver facing cameras to ensure compliance with the safety rules. If you have been the victim of distracted driving by a commercial driver, Wham & Rogers can help you. We can rapidly respond to a collision in order to download the electronic control module and when necessary, download the phone of the distracted driver. Call 832-592-1108 or text (832) 413-1428 for a free consultation.
If you drive on Texas highways you have likely encountered some situations which you felt were unsafe or even dangerous. As a parent or grandparent, we especially worry about protecting our children from dangerous drivers, particularly from large commercial vehicles such as 18 -wheelers. How to protect your family while on the road with 18-wheelers: Be alert and aware of your surroundings when driving near 18-wheelers. Keep watch where the truck is and where other nearby cars are located and their movement. Being alert can give you time to move out of the way and to safety in the event of a collision. Don’t crowd 18-wheelers. When driving behind a semi- truck, leave enough space to stop in case the driver must slam on his brakes. You do not want to rear-end an 18-wheeler. Pass safely. When passing an 18-wheeler, stay closer to the shoulder than to the truck and pass as quickly as you can safely pass. If you linger next to the 18-wheeler, you may be in their blind spot. Don’t cut in front of a semi-truck. It takes large trucks a long distance to stop. Leave enough space between you and the truck so they can avoid hitting you in the event of a slowdown. Avoid the big rig’s blind spots. Large trucks have multiple blind spots, including the right side of the truck, directly in front of the truck, and directly behind the trailer. To protect yourself, stay out of these blind spots. The old adage is that if you can’t see the driver in the mirror, they can’t see you. Use your turn signal. Always use your turn signal when you are changing l anes or making a turn. Give the big rig driver sufficient warning of where you are moving to so he can avoid hitting you. If you travel in mountainous areas, you may have seen the runaway truck ramps. These ramps are there because trucks can have brake failures on steep slopes. Stay away from big trucks on both inclining and declining slopes to protect yourself in the event of a runaway truck. If you are sharing the road with a big truck and the road is steep, stay as far away as you can in the event of a brake failure. 18-wheelers take very wide turns due to their length. Give them enough space when they are turning so they don’t hit you. Here are some other safe driving tips to help keep you and your family safe while on the road: Avoid distractions, such as texting, applying make-up and eating; Watch out for and move away from drivers who are swerving or otherwise demonstrating that they are distracted by texting on their phone; Always make sure your child is in the proper car seat, even when traveling in someone else’s vehicle; Keep a proper distance between you and the vehicle ahead of you. Keep enough space to that if the traffic stops ahead of you that you have time to stop; Check your rear and side mirror often. You may be able to change lanes to avoid a collision if you are keeping a close lookout; Allow enough time to get to your destination so you don’t have to rush; Plan your route ahead of time and use voice-activated navigation systems so that you can focus on driving rather than searching for the road you need to turn on; Obey the posted speed limits; Take breaks—don’t become fatigued; Keep a first aid kit in your car and if you are traveling in desert areas, keep extra water in your car. If you are traveling in icy conditions, make sure you have the proper tires and chains, if required. Also, make sure you have blankets and other supplies to stay warm if you are stranded. The attorneys at Wham & Rogers have years of experience in 18-wheeler collision cases. Call 832-592-1108 or text (832) 413-1428 for a free consultation.
If you have sustained serious injuries due to someone else’s negligence, you should consult with a personal injury attorney right away. If you delay in retaining an attorney, you take the risk that evidence favorable to you will disappear. You also risk being misled or taken advantage of by the insurance company.
Don’t all employers in Texas have to carry worker’s compensation insurance? No. Texas is the only state that does not require private employers to carry worker’s compensation insurance. How do I find out if my employer carries worker’s compensation insurance? You can search the Texas Department of Insurance page here: https://www.tdi.texas.gov/ Many large employers such as Amazon, Walmart, HEB, McDonald's, Home Depot, Kroger, Target, Dollar General, Hobby Lobby, and Whole Foods are non-subscribers, meaning that they do not have worker’s compensation insurance. If you are employed by one of these companies and are injured on the job, you have a "non-subscriber" claim. I’ve been injured on the job and my employer is a non-subscriber. What rights do I have? You have the right to recover for all damages you suffered. Your recovery is not limited by the Texas Worker’s Compensation Act. As the employee of a non-subscriber, you must prove the negligence of your employer. Your employer has a duty to provide you with a safe workplace. If you are injured by your employer’s failure to provide proper safety equipment, failure to properly train your coworkers, or assigning you tasks outside your job description, you may be able to recover for your employer’s negligence which caused your injuries. If there is an on-the-job fatality, the family members of the worker who lost his life may be able to file a claim for wrongful death against the non-subscribing employer. When an employee is injured as a result of his or her employer’s negligence, the employee may recover more in damages than if the employer had worker’s compensation insurance. What damages can I recover in a non-subscriber case? A non-subscribing company may be sued for damages such as pain and suffering and medical expenses. The non-subscribing company may also be held liable for gross negligence or punitive damages. What defenses do non-subscriber employers have when employees are injured? Non-subscribing employers may not claim that their employees were contributorily negligent or that the employee assumed the risk of the dangerous activity they were assigned to do. Non-subscribers cannot escape liability for their employee’s injury because a coworker was at-fault. Non-subscribing employers are able to escape liability if an employee is intoxicated, reckless or deliberately caused their own injury. Can I sue my employer for an on-the-job injury if my employer has worker’s comp? No. If your employer has worker’s compensation insurance, your sole remedy is through the worker’s compensation system. At Wham & Rogers, we have years of experience handling non-subscriber cases. If you have been injured on the job and your employer is a non-subscriber, call us at 832-592-1108 or text us at (832) 413-1428 for your free consultation.
The information on this website is for general information purposes only. None of the information on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.
Up to 40% of all commercial truck accidents are caused by distracted driving. In 2018, there were 4,832 deaths caused by distracted truck drivers. That number was 4,977 in 2019 and 4,777 in 2020, according to the Federal Motor Carrier Safety Administratio n. The categories of distracted driving tracked by the FMCSA include: Talking or Listening to Cellular Phone Other Cellular Phone Related Using or Reaching For Device/Object Brought Into Vehicle Eating or Drinking Dialing/Manipulating Cellular Phone a Lost In Thought/Day Dreaming Adjusting Audio and/or Climate Controls Using Other Device/Controls Integral to Vehicle Distracted By Other Occupant(s) Careless/Inattentive Distracted By Moving Object in Vehicle Distraction/Careless Looked But Did Not See Smoking Related Cell phone use by truck drivers It’s important to note that the FMCSA prohibits texting and the use of handheld devices by truck drivers. Violations can result in fines, and even suspension of commercial driver’s licenses. Drivers who use handheld devices are 4x more likely to be in a serious crash. Text messaging increases the risk of a collision by 23 times. Cell phone use delays a driver’s reaction time as much as a blood alcohol concentration of 0.08%. How does distracted driving affect truck drivers’ performance? Distracted driving can slow the driver’s perception of traffic events, resulting in delayed reaction times. Slow reaction times may cause incorrect steering, too much brake pressure or inaccurate accelerator pressure. What can trucking companies do to reduce distracted driving by truck drivers? Require regular distracted driving training for drivers; Install distracted driving software which blocks use of social media, streaming video and texting while driving; Develop a distracted driving policy and require each employee to sign it, requiring them to agree to follow the policy. Enforce their distracted driving policy—and reprimand employees who fail to follow the policy. Educate dispatchers: Dispatchers shouldn’t expect immediate responses if drivers are on the road. Remind drivers to set their voicemail and call forwarding when on the road. Use driver facing cameras to ensure compliance with the safety rules. If you have been the victim of distracted driving by a commercial driver, Wham & Rogers can help you. We can rapidly respond to a collision in order to download the electronic control module and when necessary, download the phone of the distracted driver. Call 832-592-1108 or text (832) 413-1428 for a free consultation.
If you drive on Texas highways you have likely encountered some situations which you felt were unsafe or even dangerous. As a parent or grandparent, we especially worry about protecting our children from dangerous drivers, particularly from large commercial vehicles such as 18 -wheelers. How to protect your family while on the road with 18-wheelers: Be alert and aware of your surroundings when driving near 18-wheelers. Keep watch where the truck is and where other nearby cars are located and their movement. Being alert can give you time to move out of the way and to safety in the event of a collision. Don’t crowd 18-wheelers. When driving behind a semi- truck, leave enough space to stop in case the driver must slam on his brakes. You do not want to rear-end an 18-wheeler. Pass safely. When passing an 18-wheeler, stay closer to the shoulder than to the truck and pass as quickly as you can safely pass. If you linger next to the 18-wheeler, you may be in their blind spot. Don’t cut in front of a semi-truck. It takes large trucks a long distance to stop. Leave enough space between you and the truck so they can avoid hitting you in the event of a slowdown. Avoid the big rig’s blind spots. Large trucks have multiple blind spots, including the right side of the truck, directly in front of the truck, and directly behind the trailer. To protect yourself, stay out of these blind spots. The old adage is that if you can’t see the driver in the mirror, they can’t see you. Use your turn signal. Always use your turn signal when you are changing l anes or making a turn. Give the big rig driver sufficient warning of where you are moving to so he can avoid hitting you. If you travel in mountainous areas, you may have seen the runaway truck ramps. These ramps are there because trucks can have brake failures on steep slopes. Stay away from big trucks on both inclining and declining slopes to protect yourself in the event of a runaway truck. If you are sharing the road with a big truck and the road is steep, stay as far away as you can in the event of a brake failure. 18-wheelers take very wide turns due to their length. Give them enough space when they are turning so they don’t hit you. Here are some other safe driving tips to help keep you and your family safe while on the road: Avoid distractions, such as texting, applying make-up and eating; Watch out for and move away from drivers who are swerving or otherwise demonstrating that they are distracted by texting on their phone; Always make sure your child is in the proper car seat, even when traveling in someone else’s vehicle; Keep a proper distance between you and the vehicle ahead of you. Keep enough space to that if the traffic stops ahead of you that you have time to stop; Check your rear and side mirror often. You may be able to change lanes to avoid a collision if you are keeping a close lookout; Allow enough time to get to your destination so you don’t have to rush; Plan your route ahead of time and use voice-activated navigation systems so that you can focus on driving rather than searching for the road you need to turn on; Obey the posted speed limits; Take breaks—don’t become fatigued; Keep a first aid kit in your car and if you are traveling in desert areas, keep extra water in your car. If you are traveling in icy conditions, make sure you have the proper tires and chains, if required. Also, make sure you have blankets and other supplies to stay warm if you are stranded. The attorneys at Wham & Rogers have years of experience in 18-wheeler collision cases. Call 832-592-1108 or text (832) 413-1428 for a free consultation.
If you have sustained serious injuries due to someone else’s negligence, you should consult with a personal injury attorney right away. If you delay in retaining an attorney, you take the risk that evidence favorable to you will disappear. You also risk being misled or taken advantage of by the insurance company.
Don’t all employers in Texas have to carry worker’s compensation insurance? No. Texas is the only state that does not require private employers to carry worker’s compensation insurance. How do I find out if my employer carries worker’s compensation insurance? You can search the Texas Department of Insurance page here: https://www.tdi.texas.gov/ Many large employers such as Amazon, Walmart, HEB, McDonald's, Home Depot, Kroger, Target, Dollar General, Hobby Lobby, and Whole Foods are non-subscribers, meaning that they do not have worker’s compensation insurance. If you are employed by one of these companies and are injured on the job, you have a "non-subscriber" claim. I’ve been injured on the job and my employer is a non-subscriber. What rights do I have? You have the right to recover for all damages you suffered. Your recovery is not limited by the Texas Worker’s Compensation Act. As the employee of a non-subscriber, you must prove the negligence of your employer. Your employer has a duty to provide you with a safe workplace. If you are injured by your employer’s failure to provide proper safety equipment, failure to properly train your coworkers, or assigning you tasks outside your job description, you may be able to recover for your employer’s negligence which caused your injuries. If there is an on-the-job fatality, the family members of the worker who lost his life may be able to file a claim for wrongful death against the non-subscribing employer. When an employee is injured as a result of his or her employer’s negligence, the employee may recover more in damages than if the employer had worker’s compensation insurance. What damages can I recover in a non-subscriber case? A non-subscribing company may be sued for damages such as pain and suffering and medical expenses. The non-subscribing company may also be held liable for gross negligence or punitive damages. What defenses do non-subscriber employers have when employees are injured? Non-subscribing employers may not claim that their employees were contributorily negligent or that the employee assumed the risk of the dangerous activity they were assigned to do. Non-subscribers cannot escape liability for their employee’s injury because a coworker was at-fault. Non-subscribing employers are able to escape liability if an employee is intoxicated, reckless or deliberately caused their own injury. Can I sue my employer for an on-the-job injury if my employer has worker’s comp? No. If your employer has worker’s compensation insurance, your sole remedy is through the worker’s compensation system. At Wham & Rogers, we have years of experience handling non-subscriber cases. If you have been injured on the job and your employer is a non-subscriber, call us at 832-592-1108 or text us at (832) 413-1428 for your free consultation.
On the night of January 31st, drivers and passengers waiting at the intersection of East Sam Houston Parkway and Sabo Road were struck by an 18-wheeler . In addition to the truck, a further six vehicles were damaged in the collision, with at least two occupants, including a child, sustaining injuries. Tragically, one driver lost his life. The driver of the 18-wheeler reportedly left the scene rather than rendering aid to the victims . Fleeing the scene of a crash can severely increase legal penalties under these circumstances: hit-and-runs that result in death carry sentences up to 20 years in Texas. The suspect is still at large, but will probably be identified soon from security camera footage recorded before, during, and after the wreck. Beltway 8, of which Sam Houston Parkway is a part, has high definition cameras that record license plates at regular intervals. What should you do if you are hit by an 18-wheeler? If you have been in a collision with an 18-wheeler, it is critical to retain counsel right away to investigate the collision and to ensure evidence is preserved . In this situation, an attorney can send preservation letters to all vehicle owners who were involved in the collision to request preservation of dash cam video and electronic control modules. An attorney can also hire an investigator to canvas local businesses for video footage of the collision in order to track down the 18-wheeler driver and company.
Always order your crash report from a .gov site
Many accident victims do not understand that the insurance adjusters are not appointed to help them — and are not even required to tell the truth. In our 70 plus years of experience dealing with liability insurers we have often seen detrimental strategies in action. When you have been in an accident, don’t forget that the adjuster’s role is to save the insurance company money and that the adjuster cannot be trusted to protect your interests. Here are some real examples of unfair insurance company tactics and how to avoid becoming a victim. Tactic 1: Letting the Statute of Limitations Expire An accident victim supplied medical bills and records to the adjuster as requested. The injuries were severe, and treatment took a long time. The adjuster advised that the medical bills would be paid, lulling the accident victim into a sense of security. At no time did the adjuster advise that the year two statute of limitations was approaching or that the claim would be denied after the statute ran. Once the two-year mark passed, the adjuster denied the claim. Lesson : The third-party liability adjuster has no duty to tell you the deadlines applicable to your case. Consult with an attorney about your deadlines so your claim will not be barred. Tactic 2: Concealing Payout Amounts An adjuster offered an individual injured in an auto accident $10,000 in settlement, which she accepted. The individual received a check for $1,000. When she asked why she only received $1,000 when she had settled for $10,000, the adjuster told her, for the first time, that $9,000 was paid to the hospital. Had the adjuster been upfront with the individual, she could have negotiated the hospital bill herself, saving thousands of dollars. Because she had already settled with the insurance company, she had no recourse. Lesson: Ask the adjuster specifically how much money YOU will be receiving, and how much money is being paid to the hospital and health insurance company. You have the right to negotiate with the hospital and health insurance company, but you have to ask. The adjuster will not tell you this. Tactic 3: Insurer-led Investigations A family tragically lost their son in a collision. The insurance adjuster contacted the son’s friends, misrepresented the details of the accident, and took recorded statements, recording only part of the interviews, creating a misleading record. This misleading record was then used against the family. Lesson: Contact an attorney right away if a family member has been killed or has suffered catastrophic injuries. The adjusters immediately begin to build their defense, using unfair tactics. You do not want to be put at a disadvantage. An attorney can contact friends and family to alert them to be on guard and combat these unfair tactics. Tactic 4: Adjuster Harassment of Victims’ Families After a family tragically lost their child, the adjuster began hounding the family and relatives—going so far as to send messages to family members on social media. The actions of the adjuster caused additional stress for the grieving family. Lesson: If you retain an attorney and advise the adjuster that you have done so, the adjuster must stop contacting you and your family members. Tactic 5: Concealing Liens A woman settled a personal injury case with the adjuster. After the settlement, the woman’s health insurance contacted her and told her she was required to pay all of the settlement funds to the health insurance company. The adjuster failed to disclose to the woman that she would have to repay her health insurance company from the settlement funds. Had the woman known this, she would not have accepted the settlement amount from the adjuster and would have attempted to negotiate a higher recovery. Lesson: Most health insurance companies have a lien on your personal injury settlement. Adjusters will not volunteer this information to you. If you negotiate a settlement yourself, you need to find out about all liens on your recovery, so you know the exact amount you will receive in settlement. Health insurance liens can be negotiated before the settlement is reached. Tactic 6: Swoop and Settle A gentleman was injured in an accident. The liability adjuster told him the insurance company would pay up to $20,000 in medical bills and $2,500 for pain and suffering. The gentleman accepted this offer. He received his $2,500 check and then submitted $15,000 in medical bills to the liability adjuster. The liability adjuster paid only $7,500 of the $15,000 in medical bills. When asked, the adjuster advised that she did not agree he needed 36 sessions of physical therapy nor that he needed an MRI, so she would not pay for those charges. The adjuster further pointed out that the settlement agreement obligated the liability insurance company to pay up to $20,000 in medical expenses reasonably and necessarily incurred due to the accident . The agreement left it up to the adjuster to decide which bills to pay. The gentleman was then on the hook to pay $7,500 in medical bills, with no recourse. Lesson: This tactic is called swoop and settle . The insurance company wants to trick you into settling before you know the extent of your damages. This leaves the insurance company with the discretion to decide which bills to pay, and you with no remedy for the wrongful denial of medical charges. DO NOT fall prey to this scheme. There is no requirement that you settle your case immediately . Adjusters often threaten that they will “close their file” and the like. This is a hollow threat. You can wait until you have completed treatment to attempt to settle the case. You have two years after the accident to file a lawsuit. Conclusion Liability insurance companies and their adjusters have a whole playbook of dirty tricks. If you or a loved one has been seriously injured, you need experienced Texas personal injury attorneys who have seen it all and know how to win. Please contact Wham & Rogers for your free consultation, by phone, Zoom or in person.
Underride crashes are collisions in which victims experience life-threatening injuries to their heads and torsos when their vehicles run under an 18-wheeler. This is known as passenger compartment intrusion (PCI) . PCI can result in traumatic brain injuries, decapitation, facial fractures, severe crush injuries, as well as burning to death from fiery crashes. How many people are injured or killed by underride crashes? The National Highway Transportation Safety Administration (NHTSA) estimates that since it began collecting data on underrides, there have been 7,850 side underride crashes and 8,950 corresponding fatalities, averaging 179 per year. Why are side underride collisions so dangerous? Side underride fatalities are caused because the sides of semitrailers are much higher than the bumpers, crumple zones, and restraint systems of passenger cars. When a passenger car runs under a semi, the car’s safety components do not prevent passenger compartment intrusion or protect the driver. According to the Advisory Committee on Underride Protection (ACUP) , crashworthiness research and standards are useless in protecting passenger lives due to the size mismatch between the semi-trailers and passenger cars that causes underrides. Pedestrians, bicyclists, and motorcyclists are even more vulnerable and can be crushed to death under the rear axles of large commercial trucks and trailers due to the lack of a physical barrier preventing them from sliding under tractor-trailer trucks. What are the other costs associated with side underride collisions? Not only are side underride deaths horrific, they are extremely costly. According to the ACUP, municipal emergency medical services and police incur much greater strain on resources when underrides occur compared to crashes that do not involve underride. More emergency personnel must be assigned to underride crashes for longer periods of time. The trucking industry also pays a high price for underrides, in the form of delayed delivery of transported goods, vehicle damage, civil lawsuits, loss of commercial driving license, and even jail time. ACUP found that most long-haul carriers have the ability to install underride protection systems without exceeding their weight limits. ACUP also found that physical underride guards, known as rear impact, side impact, and front impact guards, are necessary. They further found that the effectiveness of the side underride guards will be increased when combined with conspicuity tape and automatic emergency braking on trucks. What can be done to prevent side underride collisions? ACUP’s recommendations include that: NHTSA should require all new semitrailers and single-unit trucks to be equipped with side guards capable of preventing injurious passenger compartment intrusion (PCI) when struck by a midsize vehicle at any angle, at any location, and at any closing speed up to and including 40 mph NHTSA should require side guards to also prevent a pedestrian, bicyclist or motorcyclist from passing underneath the guarded vehicle in an interaction with the side of the vehicle.
Because 18-wheelers and tractor trailers weigh significantly more than cars — some weigh as much as 80,000 pounds, while passenger cars usually weigh under 5,000 pounds — big trucks can do much more damage to your car than an accident with a personal vehicle. Due to their weight, it takes significantly longer for a big rig to stop. Because of this size differential, collisions with big trucks often result in serious or even fatal injuries. A tragic accident which occurred on December 6, 2024 in Liberty County illustrates just how much damage can be caused by a big truck. An 18-wheeler driver crashed into vehicles stopped due to road construction on Highway 321 east of Cleveland, TX. The truck driver reportedly hit the brakes within 100 feet of the stopped traffic but was unable to avoid a collision. The tanker slammed into two pickup trucks, crushing them between the tanker and another 18-wheeler. At 65 miles per hour it takes a fully loaded 18 wheeler about 525 feet to stop . In this case, the truck driver reportedly did not attempt to brake until 100 feet before impact. Because the driver was reportedly traveling highway speed before he began to brake, his speed at impact was significant, as is illustrated by the damage to the two pickup trucks. Why time is of the essence when you are involved in an 18-wheeler collision When an 18-wheeler is involved in a collision, the commercial trucking company immediately hires a team of adjusters, investigators, and attorneys to help clear it from liability and reduce your damages. The defense team will be on scene, sometimes as soon as 30 minutes after the collision, collecting evidence favorable to them and taking witness statements, often in a biased manner. Sometimes, unfortunately, efforts are made to conceal harmful evidence. How is an 18-wheeler collision investigated? When we are hired for a commercial collision case, we perform computerized mapping of the crash site, download the truck's electronic control module, hire experts to address the federal safety carrier regulations that are critical to handling 18-wheeler trucking collisions and interview witnesses who saw the accident or arrived shortly thereafter. If you are injured, or a loved one is killed, in an 18-wheeler truck accident, you need a Board Certified Personal Injury Lawyer on your side, so contact Wham & Rogers right away. Our team is prepared to take quick action and get a team on the ground quickly. Our lawyers have the knowledge and resources you need to protect your rights and build a strong case. When we handle a truck accident case, we utilize state-of-the-art resources and dedicate a tremendous amount of time and energy to prove your case. Because it is important to move quickly when an 18-wheeler truck accident occurs, we offer meetings by video conference, and will conduct hospital visits and home consultations by appointment.
If you are in an auto accident, you will likely begin to receive multiple phone calls from people wanting to “help you” with your accident claim. These people may claim to be from the State of Texas, f rom non-profit organizations, the police, or may simply say they were “assigned to help you”. You may even be told that the caller "can get you $50,000." Please know these free services do NOT exist. Instead, you are being contacted by unethical people who have purchased your information and will sell your case to unscrupulous lawyers. The State of Texas does not contact you to help you with an accident, and there are no non-profits whose function is to help you after an accident. No one is assigned to "facilitate" your health care or property damage claim. These callers are with solicitation companies. Their j ob is to trick you into retaining the law firm they are working for. This practice is unethical and illegal – it is the crime of barratry . Why shouldn't I hire a lawyer who calls me? If you sign up with one of these scammer companies, you will likely be referred to an unethical attorney whose business model is geared to make a quick profit from your misfortune with the quickest, cheapest settlement obtainable. Our firm has received phone calls from multiple victims of these scams who were never able to speak with the attorney supposedly “appointed” to represent them, others who were very unhappy with the settlement they received, and even others whose settlement checks bounced. How are these scammers obtaining my information? Scammers can acquire your contact information when you or someone else calls 911 after an accident. T ow truck driver, EMS workers, police insiders, medical workers and funeral homes have all been caught selling accident victims' information to scammers. There are many third-party accident report sites that will sell your information to scammers. Government sites will not sell your information. We recommend you order your crash report from a .gov site, not a .com or .org site. How can I avoid becoming a victim of a barratry scam? The only legitimate caller to expect after the accident is an insurance company. If the caller is really with the insurance company they will be able to provide you with a claim number and the name of an adjuster. We recommend you talk with an attorney before providing a statement to the insurance company. Do not hire a lawyer who calls you, because contacting potential clients unsolicited is an illegal and unethical practice. You do not want to be represented by an attorney who engages in illegal, unethical conduct. To avoid being contacted again, tell them you already have an attorney and block their calls. How do I report an instance of barratry? A person commits barratry if, with intent to obtain economic benefit, the person solicits legal employment, in person or by telephone. Texas law allows victims of barratry to collect a $10,000 penalty for each illegal solicitation . Victims are entitled to actual damages and attorney’s fees. Call the State Bar's toll-free Grievance Information Helpline ( 1-800-932-1900 ) to report the solicitations. If you decide to pursue a claim for barratry, gather as much information about these callers as you can, the callers, the lawyers, the doctors. Record the calls, take photos or screenshots of the Caller ID, and provide it to a lawyer who handles barratry claims. This is a public service announcement. Wham & Rogers, PLLC does not handle barratry cases.
The information on this website is for general information purposes only. None of the information on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. The verdicts and settlements listed are representative and are not a guarantee or prediction of the outcome of other claims.
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