Motorcycle Accidents in the State of Texas

As motorcycle riding has grown in popularity over the past decade it might surprise some to realize that a large portion of these additional motorcyclists are comprised of the “over-fifty crowd.” Contrary to the stereotype of the motorcyclist who drives recklessly and too fast, this group of motorcyclists generally drive their bike in the same manner they drive their automobile—safely and respectful of the other drivers on the road.

Texas Motorcycle Facts

Although the nation has seen a decline in the overall number of motorcycle fatalities, the state of Texas has actually had an increase in motorcycle deaths, with the majority of these deaths occurring in those between the ages of 20 and 29. It can be traumatic for anyone involved in an accident of any type however those who are injured in a motorcycle accident are much more likely to suffer death or serious injury.  There is little to no protection for the motorcycle rider when he is hit by a three-thousand (or more) pound hunk of metal, steel and glass.

What Happens Following a Trucking Accident?

There are nearly half a million collisions involving large commercial trucks each year; as many as 5000 of those involve fatalities with the state of Texas having between 250 and 450 trucking fatalities annually. In fact, the fatal crash rate for large trucks is 2.4 deaths per 100 million vehicle miles traveled which is fifty percent higher than the rate for other vehicles on the road. Because of the great disparity in size between a loaded commercial truck and a passenger vehicle 98 percent of these trucking fatalities are occupants of the smaller vehicle. A normally loaded 18-wheeler can take up to 350 feet to come to a stop while an overloaded truck will take an even longer distance.

Factors in Trucking Accidents

Trucking accidents are the result of a variety of factors including truck driver error, distraction or fatigue, mistakes on the part of the driver of the passenger vehicle, and mechanical failures which are common to 18-wheelers. The scores of victims of trucking accidents may wonder how the system which is meant to keep us safe has failed time after time. Those who survive a trucking accident likely find themselves totally immersed in the health of those involved in the accident, particularly in instances where injuries are extremely serious. The focus is on medical care and the ongoing treatments required leaving little time or energy to contemplate the medical bills stacking up, the lost wages which are resulting in regular bills going unpaid and the long-term effects resulting from the trucking accident. Those involved in a trucking accident may have wondered what the “other side” was doing in the days and weeks following the collision. 

When Trucking Accidents Occur in the State of Texas

The City of Houston is well-known for the number of large commercial trucks which share the roadways with other vehicles. Because the Houston area is a primary shipping route, with over three million residents in Houston and outlying areas, it is considered one of the busiest thoroughfares in America. There is also considerable truck traffic resulting from the surrounding petroleum-transport areas as well as the many 18-wheelers from out of state which continuously travel through the Houston area. When you factor in the amount of truck traffic in the area you can see that accidents are much more likely to happen simply due to the sheer volume of truck traffic.  In 2008 Houston saw 421 fatalities involving large commercial trucks and although that number was down to 284 fatalities by 2010, the numbers are still sobering.

Why 18-Wheelers are Dangerous to Smaller Vehicles

The Houston area accounted for approximately 8 percent of all fatalities associated with trucking accidents in the entire United States. Considering the sheer size of an 18-wheeler—particularly when it is fully loaded—in the event a truck crashes into a passenger vehicle, those in the smaller vehicle are obviously at a clear disadvantage. Even though trucks are now required to have under-ride bars at the rear, when a passenger car runs into the back of an 18-wheeler the impact is four times as likely to cause death than when the reverse is true (when the 18-wheeler rear-ends a passenger vehicle). A loaded truck easily weighs 20-30 times as much as a passenger vehicle meaning it takes a good forty percent longer distance to come to a complete stop. In the end, when an 18-wheeler collides with a smaller vehicle it is highly likely there will be serious injuries or death.

When Truckers Take to the Road Do They Look Out for Your Safety?

You’ve probably noticed drivers who are texting, talking on their phones, applying makeup, eating, or any number of other activities which distract them from driving and put other drivers and passengers at risk. Now, imagine that person who is not paying attention to the road is a truck driver. When you consider that a fully loaded truck needs the length of a football field to come to a complete stop—assuming it is traveling 60 mph on a totally dry road--you can see that when a truck driver is distracted, even for a moment, a tragic accident can result. The most recent federal regulations mandate shorter braking distances for commercial trucks however don’t affect existing 18-wheelers, only newly manufactured trucks.

While all drivers should avoid distractions which can lead to accidents, there is a large disparity between a crash between passenger vehicles and a crash involving a commercial truck and a passenger vehicle. A fully loaded truck is 20-30 times as heavy as a passenger vehicle and in a collision between the two the passengers in the smaller vehicle rarely fare well. Of the half a million trucking accidents in the United States each year approximately 5,000 of those will result in fatalities and a large percentage of the remainder will result in very serious injury to those in the passenger vehicle. Truck drivers are constantly under pressure to get their loads delivered; both from their employers and even from their own family members as their paycheck depends on the time they spend behind the wheel of the truck.

Miss the Filing Deadline for Your DePuy ASR Hip Case? There May Still Be Hope

Despite the fact that the August, 2010 recall of the DePuy ASR metal-on-metal hip implant caused a significant stir among the medical community, thousands of recipients of the metal implant remained unaware of recall and subsequent warnings. Due to the initial FDA notice which was issued July 17, 2010 and the recall of the implant on August 24, 2010, all those who live in a state which operates under a two-year statute of limitations may have already lost their right to file suit against DePuy and Johnson and Johnson. Over half of the states do operate under that two year SOL, while others extend that time limit to three, four, six or even ten years. A handful of states have a one-year statute of limitations.  If you are the recipient of a DePuy metal hip implant it’s important that you determine your state’s statute of limitations for defective medical products even if you are currently having no problems with your implant.

Although DePuy originally set their metal implant’s failure rate at approximately 5%, they increased that number to 12% at the time of the 2010 recall. Independent studies place the likelihood of a DePuy ASR implant failure much higher—50% at five years following implant surgery and 80% at eight years following implant surgery. Statistically speaking, even those patients who have not yet experienced failure of their hip implant or adverse health effects from metal toxicity will do so in the very near future. It is extremely important that all DePuy ASR implant recipients at least be aware of their options prior to the date the statute of limitations will run.

In some states the statute of limitations begins at the time the “injury” actually occurs, however in the case of a hip implant this date can be impossible to determine since the recipient may not experience problems for months or years following the implant.  In such cases the statute of limitations begins to run when the injured person should have known there could be an issue with their hip implant, which is likely when the recall was issued in August of 2010 or when the FDA warnings were issued in July of 2010. The problem with metal hip implants is that most of the harm and adverse health effects associated with the DePuy ASR hip implant do not fully manifest for three to six years following implantation.

The DePuy ASR Metal-on-Metal Hip Implant: A Scientific Analysis of its Problems

The last ten years have seen surgical replacement of hip joints with an artificial prosthesis increase significantly. The main reason for this surge in hip replacement surgeries is our aging population. With people living longer, more active lives, degenerating hip joints can put a halt to that activity. From 1997 through 2004, the number of hip replacement surgeries increased nearly 50% and if the trend continues it is estimated that the annual number of hip replacements in the United States will reach 600,000 by 2015.

Factors in Hip Replacement Surgery

Primary reasons for patients undergoing hip replacement surgery include chronic pain, impairment of daily functions and severe arthritis in the hip joint. The most common type of arthritis leading to total hip replacement is osteoarthritis and is generally seen with aging or trauma to the hip joint. In some instances necrosis of the hip can be present, usually caused by a fracture, alcoholism, lupus, or taking steroid drugs such as prednisone. Patients may experience progressively worsening chronic pain which prohibits them from walking, climbing stairs or even getting up from a sitting position.

Types of Hip Implants

There are many different types of hip replacement implant including the metal-on metal, metal-on-polyethylene and metal-on-ceramic as well as the implants which are 100% ceramic or polyethylene. Other than the materials the implant is constructed with, the only other major difference is in how the implant is affixed—it can be cemented to the bone or attached in such a manner that it grows into the patient’s remaining bone. The idea behind the cobalt and chromium metal-on-metal hip implant was to create an implant which would not have to be re-done for fifteen to twenty years—unlike the ceramic and polyethylene hip implants which last approximately 8-12 years.

While metal-on-metal hip implants were actually used as far back as 1955, they were not FDA approved until 1999. Crude attempts at implanting stainless steel devices in the hip joint actually first occurred in 1937 using stainless steel components fitted to the bone with bolts and screws.  According to an article by John M. Restaino titled The Science, Medicine, Epidemiology and Liability Analysis of the DePuy ASR Metal-on-Metal ProstheticImplants, between October 1, 2005 and December 31, 2006 approximately 35% of the hip replacement surgeries implemented a metal-on-metal implant.

First Three DePuy Cases settled by Johnson & Johnson for over $600,000

The DePuy metal-on-metal hip implant, approved by the FDA a mere seven years ago—has been inundated with over 8,000 lawsuits claiming the implant is inherently defective and can lead to costly and painful revision surgery as well as a myriad of other serious health issues. DePuy initially claimed the failure rate of the ASR metal hip implant to be between 4-5%. When DePuy voluntarily recalled the implant in 2010, they upgraded the failure rate to approximately 12% within the first five years. Studies independent of DePuy or Johnson & Johnson place the failure rate of the ASR metal implant at 50% within six years and 80% within eight years. These staggering numbers almost guarantee that this particular metal-on-metal hip implant will fail at some point in the majority of recipients.

Nearly a hundred thousand ASR devices were implanted worldwide prior to the recall with nearly forty thousand in the United States alone. The propensity of the implant to loosen and detach as well as the thousands of reports regarding adverse health effects from high levels of chromium and cobalt have led to over 6,000 lawsuits filed in federal court an another 2,000 filed at the state level in Maryland, California, Nevada and other states. Johnson & Johnson recently settled three Nevada cases for $600,000—an amount considered to be at the low end of the expected $200,000-$500,000 to settle each case.