What Should I Do After Food Poisoning?

Tuesday, May 23, 2017

Food poisoning is an incredibly unpleasant experience – even in mild cases. According to the Center for Disease Control and Prevention (CDC), there are more than 325,000 cases of food poisoning requiring hospitalization and about 5,000 deaths from food poisoning each year in the United States. These are just a fraction of the more than 76 million cases of food-related illnesses reported each year.

In some cases, a bout of food poisoning may lead to a lawsuit. It’s imperative to know your options should you suffer food poisoning. After such an event, your priority should be to see a doctor. Many types of food poisoning manifest symptoms almost immediately while others can take several days before they are apparent. Your doctor will more than likely run various tests to determine the cause of your food poisoning. While these tests may show that your illness was indeed food poisoning, they may not be able to pinpoint the exact food that caused it.

Building a Food Poisoning Case

After receiving medical treatment, obtain copies of your medical reports and test results from the incident. These will be valuable to building a case against whoever is responsible for the food that made you sick. Your doctor’s diagnosis will play a large role, but it’s more important to determine which food made you sick. The timeline of what you ate and when symptoms appeared should help you narrow down the possibility. If you suspect that the contaminated food came from a grocery store, restaurant, or other business, try to find the receipt from when you purchased it.

A lawyer will help you determine the strength of your case. He or she may conduct some research into the public health findings in your area. If you ate at an establishment linked to other food poisoning cases or bought recalled food from your grocery store, these could be likely culprits. In some cases, you may need to submit leftover scraps (if available) for laboratory testing.

Filing a Lawsuit

If multiple people suffered food poisoning from the same source as you, your chances of succeeding in your lawsuit dramatically increase. In some cases, you may be able to join a class-action lawsuit for more expedited legal proceedings. A food poisoning case would fall under the purview of product liability, meaning your attorney will need to prove that the defendant distributed or sold contaminated food. Your attorney then needs to prove that the contaminated food caused your illness.

Winning Your Case and Collecting Compensation

If your attorney can prove the defendant’s liability for your food poisoning, you could claim various types of compensation. Primarily, the defendant will more than likely must reimburse you for your medical expenses and any direct financial impact that the food poisoning had on you. Depending on the type of food poisoning you had, you may have experienced extremely painful symptoms for an extended time. A judge may decide this qualifies for pain and suffering compensation. Your attorney will likely call in expert witnesses to testify to the level of distress your foodborne illness caused you. Additionally, you may also sue for any lost wages you would have earned during the time you were in the hospital for your illness.

In rare cases, a judge may decide to award punitive damages if the defendant’s actions were clearly dangerous, intentional, and grossly negligent. For example, if a restaurant served food that was improperly stored or past its expiration, a judge may decide that this is too large of an error to overlook and award you punitive damages to discourage similar behaviors in the future. Every case is different, so consult with an attorney as soon as possible after suffering food poisoning to discuss your options.

Posted by admin at 5:14 pm


Monday, May 22, 2017


Every day in Dallas County, an average of two-hundred thousand commuters, tourists and others board Dallas Area Rapid Transit (DART) buses from bus stops along roadways or at DART transit centers. Unfortunately, in the event of a collision, people are killed or sustain serious injuries in accidents involving DART buses on a far too regular basis. Most DART buses do not have seat belts and the massive size of DART buses often cause severe damage. If you or a loved one has been involved in a DART bus crash, whether as a passenger, a pedestrian, or a motorist, consulting with an experienced DART bus accident attorney can help ensure you are taking the steps necessary to obtain the compensation you deserve.

There is a deadline to file notice of a claim against DART and the City of Dallas. Failure to timely file a claim or to follow the proper procedure could prevent your ability to recover damages. Contact a Dallas DART accident attorney to preserve your claim for maximum compensation. 

Dallas Area Rapid Transit System

The Dallas Area Rapid Transit authority (or DART) is a transit agency operated by primarily in Dallas County, Texas. It operates buses, light rail, commuter rail, and high-occupancy vehicle lanes in Dallas and 12 of its suburbs. DART currently provides transportation to the following suburbs:

  • Addison
  • Carrollton
  • Cockrell Hill
  • Farmers Branch
  • Garland
  • Glenn Heights
  • Highland Park
  • Irving
  • Plano
  • Richardson
  • Rowlett
  • University Park

At times DART hires private companies to provide support and operate buses and transportation vans on behalf of DART. In addition to buses, DART operates a light rail service, and is the largest light rail operator in the United States with a rail system of 93 miles.

Causes of DART Bus Crashes

 There are many reasons why a DART bus may get into an accident. Some of the most common reasons include:

  • Negligence on the part of the DART bus driver
  • Negligence on the part of the driver of another vehicle
  • Speeding
  • Alcohol or drug Use
  • Sleep deprivation
  • Mechanical problems
  • Improper maintenance
  • Distracted driving such as cell phone use
  • Inadequate training
  • Inadequate supervision

Common DART Bus Accident Injuries

Some of the most common injuries individuals sustain when involved in a DART bus accident include:

  • Whiplash and spinal cord injuries
  • Fractures
  • Sprains to the muscles
  • Brain injuries
  • Trauma to the head
  • Paralysis
  • Crushing injuries
  • Damage to nerves
  • Internal injuries
  • Cuts, bruises and burns

What Damages Can I Recover After a DART Bus Accident?

One of the most common questions asked of a Dallas DART bus accident attorney after a DART bus accident is in regard to what damages can be recovered. If you or a family member has been injured in a DART bus accident, you may have a claim against Dallas Area Rapid Transit and the City of Dallas for the following damages:

  • Medical expenses
  • Pain and suffering
  • Disfigurement
  • Emotional distress
  • Loss of quality of life
  • Other damages

The Law in Texas for DART Bus Injury Cases

DART bus drivers must obey all traffic laws and the Texas Transportation Code. Because DART buses are considered “common carriers” the driver must use utmost caution when driving these vehicles in order to ensure the safety of the passengers on board. DART must properly maintain DART buses. Additionally, DART must hire, train and supervise qualified drivers. In addition to passengers, DART drivers have a duty to drive in a reasonable manner and not endanger the safety of people in other vehicles or pedestrians. If the driver of another vehicle  causes a collision with a DART bus, you may have a claim against both the DART bus driver and the driver of the other vehicle. Additionally, there may be other parties an experienced Dallas DART bus accident attorney can pursue for damages.

Who Can Be Held Responsible for a DART Bus Accident?

A DART bus crash can be the result of the fault of the DART bus driver, DART, or there may be several different parties that contribute to a collision that can be held accountable for your accident.

DART Bus Drivers – DART bus drivers who are poorly trained, under the influence of drugs or alcohol, drive while distracted, or fail to drive like a reasonable person and commit traffic violations can be held responsible for causing a crash.

Other Motorists – In Texas, the driver of a motor vehicle has a duty to drive in a reasonable manner.  Negligent drivers that collide with a DART bus or force the DART bus to lose control are responsible for the injuries and damages that result in the DART bus crash.

Private Bus Companies – DART at times contracts with third party private bus companies to perform overflow transportation work, as well as transportation for DART vans. Private bus companies are required to perform vehicle maintenance, comply with government regulations, and hire qualified drivers to operate the vehicles safely. The bus company may be liable for serious crashes that result from their negligence and are responsible for the negligence of employee drivers.

DART Bus Accident Attorney Notice Requirement

Notice of a claim against DART and the City of Dallas must be brought timely and meet the strict notice requirements set forth under Texas law. Failure to file the timely or proper notice of a claim could result in the loss of the ability to recover damages against DART. It is imperative that anyone injured by a DART bus provide DART and the City of Dallas with notice of a claim within the deadlines required under Texas law.

Experienced DART Bus Accident Attorney

If you survived a DART bus crash or lost a loved one in a DART bus crash, you may be entitled to receive significant compensation for the injuries and losses you have suffered. Contact an experienced DART bus accident lawyer at the Law Firm of Aaron A. Herbert. Board Certified Dallas personal injury attorney Aaron Herbert has recovered millions for accident victims and their families. For a free consultation, call 24/7 to (214) 200-HURT or click HERE to fill out the online, attorney-consultation form. The consultation is free and there is no fee or expense until we win the case.

Posted by Aaron Herbert at 7:20 pm

How Can I Prevent Trampoline Injuries?

Tuesday, May 16, 2017

Trampolines can be incredibly fun for children of all ages, and it’s a fantastic activity for the whole family during nice weather. However, trampolines also pose a measure of risk, and it’s important for you to understand the dangers of trampoline use to protect yourself and loved ones from injuries. Some injuries may even lead to lawsuits or other legal entanglements, so know your options in the event of a trampoline injury.

Trampoline Injury Statistics

Between 2002 and 2011, more than a million-people visited the ER for trampoline injuries. Of them, almost 300,000 involved broken bones. These injuries costs emergency departments somewhere in the $1 billion range. Most of those hurt are children, and almost 93% of them were under 16 years old.

Best Practices

The first step in preventing trampoline injuries is to purchase one with the best possible safety ratings. Check online for the highest rated trampolines and read reviews from other customers. Be sure to read the positive reviews as well as the negative, as some people who have bought the trampoline may have experienced issues that could apply to you as well.

Purchase a trampoline with a safety net enclosure – this small additional cost will likely save you in medical bills. The safety net wraps around the outside of the trampoline to prevent anyone from bouncing off and onto the ground, which could cause significant injury. Remember that the safety enclosure will not prevent users from falling into the springs around the outer edge of the trampoline. While some manufacturers have designed trampolines without these springs, most of them have a ring of heavy duty spring that can cause significant injuries.

Once you’ve purchased a trampoline, follow the biggest rule for trampoline safety: only one person at a time should use the trampoline. This sounds like a solid rule in theory, but most kids want to play on their trampolines with their friends and siblings. While it may be difficult for parents to convince their kids that only one person may use the trampoline at a time, enforcing the “one at a time” rule will significantly lower the risk of someone suffering an injury.

Finally, the best way to prevent trampoline injuries is proper supervision. Some kids may get carried away and attempt dangerous tricks and flips that can lead to serious head and neck injuries. Whenever children are using a trampoline, carefully supervise them and prevent them from making any risky maneuvers.

Product Liability Claims

If you or a loved one suffers a trampoline injury, your first instinct may be to blame the manufacturer of the trampoline. While this may seem like sound logic, it’s important to remember that product manufacturers must follow very strict liability standards. If a manufacturer failed to provide adequate safety warnings or sold you a defective product, you may be able to file a product liability claim. However, most companies that make potentially hazardous items are very clear in their instructions for use and safety warnings. If you suffered an injury due to your own actions of misuse of the product, your claim will most likely not hold up in court.

Negligence Claims

In some situations, you may be able to file a personal injury claim if your loved one was under the supervision of another. For example, if your child’s daycare has a trampoline and your child suffers an injury because the daycare staff was not paying adequate attention, the staff may be liable for the injury. Hopefully, you can avoid these injuries by following these tips. After any type of trampoline injury, one of the best things you can do once you’ve addressed any medical concerns is to speak with a personal injury attorney about your possible options for legal recourse.

Posted by admin at 5:09 pm

The Most Common Causes of Motorcycle Accidents

Tuesday, May 9, 2017

Motorcycles are much more than a means of conveyance for many Americans. Motorcycling is a hobby enjoyed all over the country, and while it can be extremely fun to feel the wind as you ride, riders must be aware of the inherent dangers of riding motorcycles. Unlike typical passenger vehicles, motorcycles afford their riders with very little protection from impacts and other external forces. Motorcycle riders must use extra caution on the road and keep a few best practices in mind.

Motorcycle accidents happen for a variety of reasons, but one of the main contributing factors to any type of accident is the size of most motorcycles. They are smaller and narrower than other vehicles and can easily slip through other driver’s blind spots. About 56% of all motorcycle accident deaths result from motorcycles colliding with larger vehicles, and this can occur in countless possible scenarios. However, some situations are far more dangerous than others. Consider the following tips and scenarios for staying safe while riding your motorcycle.

Head-On Collisions

One of the most fatal types of accidents is when a motorcyclist hits another vehicle head-on. Most head-on collisions involving motorcycles and larger vehicles happen when the car strikes the motorcycle from the front. These crashes are usually fatal for the motorcyclist.

Left-Turning Cars

Statistically, the most dangerous situations for motorcycles on the road are when larger vehicles make left-hand turns. Cars turning left typically strike motorcyclists when the motorcycle is continuing straight through the intersection as the car turns or when the motorcyclist attempts to pass or overtake a left-turning car. These situations are also dangerous for other cars, but motorcycles are especially vulnerable due to their smaller size and because they are less visible.

Lane Splitting

Some motorcyclists engage in a practice called lane splitting – when a motorcyclist maneuvers between two lanes of slower or stopped traffic. Some states do not have any laws barring the practice, so if a lane splitting accident occurs, the state’s laws will come into play in a subsequent lawsuit. Lane splitting is NOT legal in the state of Texas.

Road Hazards

Motorcycles typically have high acceleration and a fair range of maneuverability, but they can’t always react fast enough to avoid serious hazards on the road. Additionally, while a car may be able to run over a piece of road debris and barely feel the bump, the same piece of debris could spell doom for a motorcyclist. Motorcyclists must stay focused on the road ahead and give themselves an appropriate window to maneuver.

The Need for Speed

Motorcycles, especially sport and high-performance bikes, may inherently tempt their owners to push them to their limits and drive at excessive speeds. Some super-sport class motorcycles can easily reach speeds of 160 mph or more. The fatality rate for motorcycle accidents involving high-performance bikes is about four times the rate of conventional motorcycles. Owners of such bikes should use caution and obey the rules of the road.

Riding Under the Influence

Just like any other vehicle, operating a motorcycle under the influence of alcohol or other drugs is incredibly dangerous and irresponsible. Alcohol is a factor in about half of all motorcycle accidents involving a single bike.

Helmet Laws

Finally, one of the best things any motorcyclist can do to stay safer on the road is to wear a Department of Transportation-approved helmet. While some states do not have helmet laws in place, it’s important to consider that helmets reduce the likelihood of death or traumatic brain injury in an accident. Even if you are an inexperienced rider living in a state without helmet laws, opting to wear one might save your life.

Motorcycle accidents lead to various serious or life-threatening injuries. Injured motorcycles should know their rights and their options for legal action should another driver cause an accident. If you suffer injuries and damages from a motorcycle accident, reach out to a reputable personal injury lawyer to discuss your options.

Posted by admin at 5:03 pm