Stephen Stewart ~ Texas Accident Lawyer

Tie One On For Safety This Holiday Season

sws@thestewartlawfirm.net (Stephen Stewart) — Wed, 16 Dec 2009 01:23:00 +0000

As the holidays approach in due fashion, many folks will be traveling to spend time with family, friends, and enjoy all that this time of year offers. Unfortunately, it is a proven fact that this time of year is also a time of year where drunk driving is on the rise. Last year, more that 12,000 people were killed in crashes involving blood alcohol limits greater than the legal limit of .08. Sadly, Texas generally leads all of our nation’s states in alcohol related vehicle crashes. About every 20 minutes in Texas…someone is hurt or killed in a crash involving alcohol. One crash is simply too many!

Each year during the holiday season, Mothers Against Drunk Driving (MADD) conducts its “Tie One On For Safety” public awareness initiative to encourage all to “Drive Safe, Sober and Buckled Up.” The campaign aims to raise awareness about the dangers of drunk driving, and promotes always wearing your seatbelt, which remains the best defense against a drunk driver. To learn more about MADD—Texas and its mission to eliminate drunk driving, visit www.madd.org/tx.

The attorneys at The Stewart Law Firm are familiar with traumatic injuries and the prosecution of claims on behalf of drunk driving victims. The Stewart Law Firm understands the life-changing effects that can occur as a result of the negligent acts of a drunk driver. If you have a question regarding an injury caused by a drunk driver, contact The Stewart Law Firm for a free consultation. The Stewart Law Firm is steadfast in the pursuit of justice on behalf of its victim clients. Put the power of The Stewart Law Firm to work for you today.

The Stewart Law Firm can be reached, toll-free, at (877) 326-0411. Our address is: 3000 South IH-35, Suite 150, Austin, TX 78704. Visit our website at: http://www.thestewartlawfirm.net/. Cases handled by The Stewart Law Firm include catastrophic personal injury, wrongful death, injuries caused by drunk drivers, traumatic brain injuries, burn injuries, motorcycle crashes, motor vehicle crashes, commercial vehicle crashes, train crashes, bus crashes, and defective products.

Infant Suffocation Deaths Prompt Recall

sws@thestewartlawfirm.net (Stephen Stewart) — Wed, 09 Dec 2009 14:52:00 +0000

WASHINGTON, D.C. - The U.S. Consumer Product Safety Commission, in cooperation with the firm named below, announced a voluntary recall of the following consumer product. Consumers should stop using recalled products immediately unless otherwise instructed.

Name of Product: Amby Baby Motion Beds

Units: About 24,000

Manufacturer: Amby Baby USA, of Minneapolis, Minn.

Hazard: The side-to-side shifting or tilting of the hammock can cause the infant to roll and become entrapped or wedged against the hammock’s fabric and/or mattress pad, resulting in a suffocation hazard.

Incidents/Injuries: Amby Baby is aware of two infant suffocation deaths in the Amby Baby hammock. In June 2009, a 4-month-old girl in Lawrenceville, Ga died in a baby hammock and in August 2009, a 5-month-old boy from Gresham, Ore.

Description: The Amby Baby Motion Bed consists of a steel frame and a fabric hammock which are connected by a large spring and metal crossbar. There is only one model of the hammock available which can be identified by a label sewn onto the hammock stating: “Amby – Babies Love It, Naturally.”

Sold online at: Ambybaby.com and other Internet retailers from January 2003 through October 2009 for about $250.

Manufactured in: China

Remedy: Consumers should immediately stop using the Amby Baby motion beds/hammocks and contact Amby Baby USA for a free repair kit. Parents and caregivers are urged to find an alternative, safe sleeping environment for their baby.

Consumer Contact: For additional information, contact Amby Baby USA toll-free at (866) 544-9721 between 9 a.m. and 5p.m. ET Monday through Friday or visit the firm’s Web site at http://www.ambybaby.com/

If you have any question about a defective product, call The Stewart Law Firm for a free consultation. The Stewart Law Firm can be reached, toll-free, at (877) 326-0411. Visit us on the web at www.thestewartlawfirm.net. The Stewart Law Firm is steadfast in the pursuit of justice on behalf of vicitms who have suffered injury, harm, or damage by defective products or by the negligent acts or omissions of others. Cases handled by The Stewart Law Firm include defective products, commercial truck collisions, motor vehicle crashes, work-related injuries, and child molestation. Call for your free consultation today.

Texas Train/Railroad Crossing Injury Lawyers

sws@thestewartlawfirm.net (Stephen Stewart) — Sun, 29 Nov 2009 17:37:00 +0000

According to the Federal Railroad Administrator’s Office of Safety Analysis, over 13,000 railroad-related incidents occurred in the United States last year alone. In these incidents, over 800 people suffered fatal injuries. Another 8,000 plus were injured. The Federal Railroad Administration identifies several causes for railroad-related incidents, including, but not limited to, collisions, derailments, track problems, human factors/failures, equipment problems, signal problems, and miscellaneous causes.

Due to the often inherent risks and dangers present, railroad workers are oftentimes subjected to hazardous environments and activities. The U.S. Congress, back in 1908, passed the Federal Employers’ Liability Act, commonly referred to as FELA, in order to curb the staggering number of railroad accidents and railroad work-related injuries that were occurring. FELA simply allows for benefits for railroad workers who are injured on the job. When a railroad worker is injured on the job, or develops an illness due to hazardous work conditions, a FELA claim should be considered to assist with lost wages, medical costs, and other related damages.

As might be expected, due to the size, weight, and speed of trains, damages can often be devastating when railroad-related incidents occur. Very often, railroad-related incidents cause catastrophic or even fatal injuries. Railroad crossing injuries can often arise due to inadequate or improperly maintained warnings or signs, non-working traffic control devices, improperly maintained equipment, overgrown vegetation at crossings that obstructs visibility to motorists. The attorneys at The Stewart Law Firm are familiar with train/railroad crossing injuries and the prosecution of claims on behalf of victims. The Stewart Law Firm understands the life-changing effects that can occur as a result of a train injury, particularly those injuries which are caused by the negligent acts of another or by a defective product.

If you have a question regarding a railroad work-related injury or a railroad crossing collision, call The Stewart Law Firm for a free consultation. Help is just a phone call away. Our firm’s attorneys, staff, investigators, and cutting edge consultants and experts stand ready to assist. The Stewart Law Firm can be reached, toll-free, at (877) 326-0411. Our address is: 3000 South IH-35, Suite 150, Austin, TX 78704. Visit our website at: http://www.thestewartlawfirm.net/. Cases handled by The Stewart Law Firm include catastrophic personal injury, wrongful death, train crashes, spinal cord injuries, burn injuries, motorcycle crashes, motor vehicle crashes, commercial vehicle/18-Wheeler crashes, bus crashes, and defective products.

Massive Drop-Side Baby Crib Recall

sws@thestewartlawfirm.net (Stephen Stewart) — Tue, 24 Nov 2009 15:01:00 +0000

FOR IMMEDIATE RELEASENovember 23, 2009Release # 10-046
Firm's Recall Hotline: (877) 274-0277CPSC Recall Hotline: (800) 638-2772CPSC Media Contact: (301) 504-7908HC Media Contact: (613) 957-2983
Infant Entrapment and Suffocation Prompts Stork Craft to Recall More Than 2.1 Million Drop-Side Cribs

WASHINGTON, DC – The U.S. Consumer Product Safety Commission (CPSC), in cooperation with Stork Craft Manufacturing Inc., of British Columbia, Canada, today announced the voluntary recall of more than 2.1 million Stork Craft drop-side cribs, including about 147,000 Stork Craft drop-side cribs with the Fisher-Price logo. The recall involves approximately 1,213,000 units distributed in the United States and 968,000 units distributed in Canada.
CPSC urges parents and caregivers to immediately stop using the recalled cribs, wait for the free repair kit, and do not attempt to fix the cribs without the kit. They should find an alternative, safe sleeping environment for their baby. Consumers should contact Stork Craft to receive a free repair kit that converts the drop-side on these cribs to a fixed side.

The cribs’ drop-side plastic hardware can break, deform, or parts can become missing. In addition, the drop-side can be installed upside-down, which can result in broken or disengaged plastic parts. All of these problems can cause the drop-side to detach in one or more corners. When the drop-side detaches, it creates space between the drop-side and the crib mattress. The bodies of infants and toddlers can become entrapped in the space which can lead to suffocation. Complete detachment of drop-sides can lead to falls from the crib.

CPSC, Health Canada, and Stork Craft are aware of 110 incidents of drop-side detachment; 67 incidents occurred in the United States and 43 in Canada. The incidents include 15 entrapments; 12 in the U.S. and three in Canada. Four of the entrapments resulted in suffocation: a 7-month-old in Gouverneur, N.Y.; a 7-month-old in New Iberia, La.; a 6-month-old in Summersville, W.Va.; and a 9-month-old in Bronx, N.Y. Included in these incidents are 20 falls from cribs; 12 in the U.S. and eight in Canada. Fall injuries ranged from concussion to bumps and bruises. The cribs involved in these incidents had plastic drop-side hardware that had broken, missing, or deformed claws, connectors, tracks, or flexible tab stops; loose or missing metal spring clips; stripped screws; and/or drop-sides installed upside-down.

This recall involves Stork Craft drop-side cribs and Stork Craft drop-side cribs with the Fisher-Price logo. This recall does not involve any cribs that do not have a drop-side. This recall does not involve any cribs with metal rod drop-side hardware. It involves only those cribs with plastic trigger and one-hand-system drop-side hardware.

This recall includes Stork Craft cribs with manufacturing and distribution dates between January 1993 and October 2009. This recall also includes Stork Craft cribs with the Fisher-Price logo that have manufacturing dates between October 1997 and December 2004. The Stork Craft cribs with the Fisher-Price logo were first sold in the U.S. in July 1998 and in Canada in September 1998. The cribs were sold in various styles and finishes. The manufacture date, model number, crib name, country of origin, and the firm’s name, address, and contact information are located on the assembly instruction sheet attached to the mattress support board. The firm’s insignia “storkcraft baby” or “storkling” is inscribed on the drop-side teething rail of some cribs. In Stork Craft cribs that contain the “Fisher-Price” logo, this logo can be found on the crib’s teething rail, in the manufacturer’s instructions, on the assembly instruction sheet attached to the mattress support board, and on the end panels of the Twinkle-Twinkle and Crystal crib models.

Major retailers in the United States and Canada sold the recalled cribs including BJ’s Wholesale Club, J.C. Penney, Kmart, Meijer, Sears, USA Baby, and Wal-Mart stores and online at Amazon.com, Babiesrus.com, Costco.com, Target.com, and Walmart.com from January 1993 through October 2009 for between $100 and $400.

The cribs were manufactured in Canada, China and Indonesia.

For additional information, contact Stork Craft toll-free at (877) 274-0277 anytime to order the free repair kit, or log on to http://www.storkcraft.com/Recalls.aspx?Recalls=USA
Important Message from CPSC:

CPSC would like to remind parents not to use any crib with missing, broken, or loose parts. Make sure to tighten hardware from time to time to keep the crib sturdy. When using a drop-side crib, parents should check to make sure the drop-side or any other moving part operates smoothly. Always check all sides and corners of the crib for disengagement. Any disengagement can create a gap and entrap a child. In addition, do not try to repair any side of the crib, especially with tape, wire or rope.

The Stewart Law Firm remains steadfast in the pursuit of justice representing victims who have suffered injury, harm, or damage due to a defective product. If you have any question about a possible defective crib claim, please contact The Stewart Law Firm, toll-free, at (877) 326-0411. Our address is 3000 South IH-35, Suite 150, Austin, Texas 78704.

The Stewart Law Firm...Texas Child Sexual Abuse Lawyers

sws@thestewartlawfirm.net (Stephen Stewart) — Wed, 18 Nov 2009 15:37:00 +0000

Child sexual abuse is a horrific crime which can often lead to unimaginable injury, harm, and damage to victims. Child sex abuse victims very often deal with numerous debilitating emotions, including shame, confusion, anger, depression. Abuse victims also sometimes deal with other related injuries and limitations, including, but not limited to, post traumatic stress disorder. School can become an issue. Relationships often become problematic and strained. Work can be impacted. Very often, victims of child sexual abuse continue to experience difficulties long after the abuse stops. The healing process can sometimes be long and tumultuous. Not only can psychological and counseling costs be astronomical, but long rehabilitation may be required. The attorneys at The Stewart Law Firm are familiar with child sexual abuse injuries and the prosecution of claims on behalf of victims. The Stewart Law Firm is committed to holding abusers and organizations accountable for the betrayal of trust that sometimes occurs, whether it is a church, school, youth group, athletic league, or other organization. The Stewart Law Firm understands the life-changing effects that can occur as a result of child sexual abuse. If you have questions regarding a child sexual abuse claim, call The Stewart Law Firm for a free consultation.

The Stewart Law Firm can be reached, toll-free, at (877) 326-0411. Our address is: 3000 South IH-35, Suite 150, Austin, TX 78704. Visit our website at: http://www.thestewartlawfirm.net/. Cases handled by The Stewart Law Firm include catastrophic personal injury, wrongful death, child sexual abuse, spinal cord injuries, burn injuries, motorcycle crashes, motor vehicle crashes, commercial vehicle crashes, train crashes, bus crashes, and defective products.

Maclaren USA Stroller Recall for Fingertip Amputations

sws@thestewartlawfirm.net (Stephen Stewart) — Tue, 10 Nov 2009 14:50:00 +0000

NEWS from CPSC
U.S. Consumer Product Safety Commission
Office of Information and Public Affairs
Washington, DC 20207

FOR IMMEDIATE RELEASENovember 9, 2009Release # 10-033
Firm's Recall Hotline: (877) 688-2326CPSC Recall Hotline: (800) 638-2772CPSC Media Contact: (301) 504-7908
Maclaren USA Recalls to Repair Strollers Following Fingertip Amputations
WASHINGTON, D.C. - The U.S. Consumer Product Safety Commission, in cooperation with the firm named below, today announced a voluntary recall of the following consumer product. Consumers should stop using recalled products immediately unless otherwise instructed.
Name of Product: Maclaren Strollers
Units: About one million
Distributor: Maclaren USA, Inc., of South Norwalk, Conn.
Hazard: The stroller’s hinge mechanism poses a fingertip amputation and laceration hazard to the child when the consumer is unfolding/opening the stroller.
Incidents/Injuries: The firm has received 15 reports of children placing their finger in the stroller’s hinge mechanism, resulting in 12 reports of fingertip amputations in the United States.
Description: This recall involves all Maclaren single and double umbrella strollers. The word “Maclaren” is printed on the stroller. The affected models included Volo, Triumph, Quest Sport, Quest Mod, Techno XT, TechnoXLR, Twin Triumph, Twin Techno and Easy Traveller.
Sold at: Babies“R”Us, Target and other juvenile product and mass merchandise retailers nationwide from 1999 through November 2009 for between $100 and $360.
Manufactured in: China
Remedy: Consumers should immediately stop using these recalled strollers and contact Maclaren USA to receive a free repair kit.
Consumer Contact: For additional information, contact Maclaren USA toll-free at (877) 688-2326 between 8 a.m. and 5 p.m. ET Monday through Friday or visit the firm’s Web site at http://www.maclarenbaby.com/us/content/view/88573/98889729/lang,en/
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CPSC is still interested in receiving incident or injury reports that are either directly related to this product recall or involve a different hazard with the same product. Please tell us about it by visiting https://www.cpsc.gov/cgibin/incident.aspx. If you or a loved one has any question about protecting your legal rights, including any question about a defective product that caused injury, harm, or damage, call The Stewart Law Firm for a free consultation. The attorneys at The Stewart Law Firm are familiar with the prosecution of claims on behalf of injury victims. The Stewart Law Firm understands the life-changing effects that can occur as a result of a catastrophic personal injury, particularly those injuries which are caused by the negligent acts of another or by a defective product. The Stewart Law Firm can be reached, toll-free, at (877) 326-0411. Our address is: 3000 South IH-35, Suite 150, Austin, TX 78704. Visit our website at: http://www.thestewartlawfirm.net/. Cases handled by The Stewart Law Firm include catastrophic personal injury, wrongful death, spinal cord injuries, burn injuries, motorcycle crashes, motor vehicle crashes, commercial vehicle crashes, train crashes, bus crashes, and defective products.

Statute of Limitations in Texas Injury Claims

sws@thestewartlawfirm.net (Stephen Stewart) — Wed, 04 Nov 2009 15:07:00 +0000

A Statute of Limitations is a law which places a strict time limit on being able to initiate civil legal action. When a statute of limitations has expired, it is no longer possible to bring a legal action against someone for injury, harm, or damages that have been suffered. Each state has its own statute of limitations for filing lawsuits. These statutes limit the right of an injured party to file a lawsuit unless it is done within a specified time period. Statute of limitation laws are put in place in order to prevent fraudulent and stale claims from arising after evidence has been lost or after facts have become obscure through the passage of time, defective memories, and death or disappearance of witnesses.

Personal injury, wrongful death, and defective product claims are generally governed by a two (2) year statute of limitation. There are some very narrow exceptions that may apply to limitations periods. In order to assure that evidence is properly preserved, witness statements are taken, and complete investigations of claims can be timely completed, most accident victims will benefit from seeking good legal counsel early in the process. If you or a loved one has any question about protecting your legal rights, including any question about the statute of limitations period that might apply to your claim, call The Stewart Law Firm for a free consultation. The attorneys at The Stewart Law Firm are familiar with the prosecution of claims on behalf of injury victims. The Stewart Law Firm understands the life-changing effects that can occur as a result of a catastrophic personal injury, particularly those injuries which are caused by the negligent acts of another or by a defective product.The Stewart Law Firm can be reached, toll-free, at (877) 326-0411. Our address is: 3000 South IH-35, Suite 150, Austin, TX 78704. Visit our website at: http://www.thestewartlawfirm.net/. Cases handled by The Stewart Law Firm include catastrophic personal injury, wrongful death, spinal cord injuries, burn injuries, motorcycle crashes, motor vehicle crashes, commercial vehicle crashes, train crashes, bus crashes, and defective products.

Halloween Safety Tips From The Stewart Law Firm

sws@thestewartlawfirm.net (Stephen Stewart) — Fri, 30 Oct 2009 18:21:00 +0000

Halloween is here. Neighborhoods will literally be crawling with all kinds of creatures and goblins as they all work to fill candy bags. Children participating in Halloween festivities represent a real safety concern for drivers.

Studies show that the number of fatal injuries among young pedestrians is 4 times higher on Halloween than any other night of the year. Collisions between motor vehicles and child pedestrians happen most frequently between the hours of 4 p.m. and 8 p.m. Texas law requires that motorist use all due care in operating their motor vehicles when young people are present on or near a roadway. It is reasonable to expect that young children will simply not appreciate danger that might exist with motorists. Under the law, it is incumbent on motor vehicle operators to drive with care and use proper caution.

Halloween Safety Tips:

-Know where Halloween celebrations will be taking place in your neighborhood.

-Add reflective tape to costumes and provide flashlights so that your trick-or-treaters are clearly visible to motorists.

-Make sure that costumes allow your child an obstructed ability to see in all directions.

-Motorists should operate their motor vehicles well below the posted speed limit. Be prepared to make emergency stops if necessary.

-Motorists should stay completely focused. Avoid cell phone use and other distractions.

-Never assume that a young pedestrian will yield to your vehicle. Children may not see or appreciate the danger of a vehicle.

-If you are backing your vehicle, make sure that there are no children behind you. Numerous children are injured or killed by backing vehicles.

The Stewart Law Firm is committed to driving safety and crash avoidance. We see, all too often, the senseless deaths and catastrophic personal injuries to young children. The attorneys at The Stewart Law Firm are familiar with crash–related injuries and the prosecution of claims on behalf of crash victims. The Stewart Law Firm understands the life-changing effects that can occur as a result of a catastrophic personal injury, particularly those injuries which are caused by the negligent acts of another or by a defective product. If you have a question regarding a motor vehicle crash, call The Stewart Law Firm for a free consultation.

The Stewart Law Firm can be reached, toll-free, at (877) 326-0411. Our address is: 3000 South IH-35, Suite 150, Austin, TX 78704. Visit our website at: http://www.thestewartlawfirm.net/. Cases handled by The Stewart Law Firm include catastrophic personal injury, wrongful death, spinal cord injuries, burn injuries, motorcycle crashes, motor vehicle crashes, commercial vehicle crashes, train crashes, bus crashes, and defective products.

The Stewart Law Firm...Texas TBI Lawyers

sws@thestewartlawfirm.net (Stephen Stewart) — Sun, 25 Oct 2009 18:11:00 +0000

Traumatic Brain Injuries can be extremely problematic for victims. Traumatic Brain Injury, or TBI, as it is often referred to by medical professionals, is defined as damage resulting to the brain from some external mechanical force. TBI can occur through impact, acceleration, deceleration, blast waves, or penetration by a projectile. Symptoms of TBI injuries can be mild, moderate, or severe. Disabilities resulting from a TBI depend on the severity of the injury, the location of the injury, and the age and general health of the victim. Common disabilities resulting from traumatic brain injury include problems with cognition (thinking, memory, reasoning); sensory processing (sight, hearing, touch, taste, and smell); communication (expression and understanding); and behavioral limitations (depression, anxiety, aggression, personality changes, and social inappropriateness).

Traumatic brain injury is a major cause of death and disability worldwide. There are approximately 1.5 million people in the U.S. who suffer from a traumatic brain injury each year. 50,000 people die from traumatic brain injury each year in our country. 85,000 people suffer long-term disability due to a traumatic brain injury. Some of the more common means by which people suffer traumatic brain injury includes: motor vehicle crashes, truck crashes, motorcycle crashes, falls, work-related injuries, and sports injuries.

The attorneys at The Stewart Law Firm are familiar with traumatic brain injuries and the prosecution of claims on behalf of TBI victims. The Stewart Law Firm understands the life-changing effects that can occur as a result of a brain injury, particularly those injuries which were caused by the negligent acts of another or by a defective product. Victims who suffer from traumatic brain injuries sometimes are left with staggering medical bills in the past, extensive medical bills that will be incurred in the future, lost wages in the past, and loss of earning capacity in the future. If you have a question regarding a traumatic brain injury claim, contact The Stewart Law Firm for a free consultation. The Stewart Law Firm is steadfast in the pursuit of justice on behalf of its victim clients. Put the power of The Stewart Law Firm to work for you today.

The Stewart Law Firm can be reached, toll-free, at (877) 326-0411. Our address is: 3000 South IH-35, Suite 150, Austin, TX 78704. Visit our website at: http://www.thestewartlawfirm.net/. Cases handled by The Stewart Law Firm include catastrophic personal injury, wrongful death, traumatic brain injuries, burn injuries, motorcycle crashes, motor vehicle crashes, commercial vehicle crashes, train crashes, bus crashes, and defective products.

NATIONAL TEEN DRIVER SAFETY WEEK

sws@thestewartlawfirm.net (Stephen Stewart) — Tue, 13 Oct 2009 20:52:00 +0000

National Teen Driver Safety Week is October 18 through October 24, 2009. This week has been designated by Congress as a time for communities, schools, and families to raise awareness and provide solutions to teen driver crashes…the leading cause of death in teens in the United States. The Stewart Law Firm has previously written on its blog about the dangers of teen driver crashes. The statistics associated with fatal and catastrophic personal injuries with teens operating motor vehicles is staggering. According to the Institute for Highway Safety, teenagers are ten (10) times more likely to get involved in a motor vehicle crash than drivers between the ages of thirty (30) and fifty-nine (59).

One of the primary causes of teen deaths and catastrophic personal injuries to teens in motor vehicle crashes results when teens, both drivers and vehicle occupants, fail to utilize their seat belts. Texas Department of Transportation observational surveys have shown that Texas children and teens between the ages of 5 and 16 are not utilizing their back seat belts up to 71.1% of the time. As of September 1, 2009, all occupants of a motor vehicle, no matter their age, must be secured by a seat belt, including back seat passengers. Under the new law now on the books, unbuckled passengers…not the drivers…could face fines ranging from $25.00 up to $250.00. This new Texas law addresses the alarming statistics that young people are not properly buckled when they are in a car. Hopefully, this new law will save lives.

The Stewart Law Firm is committed to teen driving safety and crash avoidance. We see, all too often, the senseless deaths and catastrophic personal injuries that occur when young and inexperienced drivers are behind the wheel. Keep your young driver safe. Stay involved. Constantly monitor. If you would like a free Parent/Teen Driving Agreement, contact The Stewart Law Firm today. The attorneys at The Stewart Law Firm are familiar with crash–related injuries and the prosecution of claims on behalf of crash victims. The Stewart Law Firm understands the life-changing effects that can occur as a result of a catastrophic personal injury, particularly those injuries which are caused by the negligent acts of another or by a defective product. If you have a question regarding a motor vehicle crash, call The Stewart Law Firm for a free consultation.

The Stewart Law Firm can be reached, toll-free, at (877) 326-0411. Our address is: 3000 South IH-35, Suite 150, Austin, TX 78704. Visit our website at: http://www.thestewartlawfirm.net/. Cases handled by The Stewart Law Firm include catastrophic personal injury, wrongful death, spinal cord injuries, burn injuries, motorcycle crashes, motor vehicle crashes, commercial vehicle crashes, train crashes, bus crashes, and defective products.

TEXAS SPINAL CORD INJURY LAWYERS

sws@thestewartlawfirm.net (Stephen Stewart) — Tue, 06 Oct 2009 18:57:00 +0000

The spinal cord consists of nerves that connect the brain to various nerves in the body. As such, the spinal cord essentially connects our brain to the rest of our body. The spinal cord is surrounded by vertebrae that make up our spine. This bone structure protects the softer spinal cord from injury and trauma. Vertebrae are stacked on top of each other and are separated by spongy discs that actually work as shock absorbers for the spinal cord. There are 7 cervical vertebrae (neck), 12 thoracic vertebrae (midlevel/trunk), 5 lumbar vertebrae (lower back region), 5 sacral vertebrae (pelvis region), and 4 fused vertebrae that form the coccyx.

If vertebrae are broken or moved out of alignment due to trauma or injury, the spinal cord can become injured. When the spinal cord suffers an injury, the ability of the brain to communicate with the body below the level of injury can be reduced or altogether lost. When this occurs, the part of the body affected will not function as normal. Medical providers generally classify spinal cord injuries as “incomplete” or “complete.” An incomplete injury means that the injured person has at least some function below the level of injury on the spine. A complete injury means that there is complete loss of sensation and muscle control below the level of injury. Paralysis can develop due to spinal cord injury. Generally, the level of injury can be a guide as to predicting what parts of the body might be affected by loss of function or paralysis. Cervical (neck) injuries can result in quadriplegia, which is paralysis of all 4 limbs, both arms and legs. Thoracic, lumbar, or sacral injuries can result in paraplegia, which is paralysis of the lower part of the body, including the legs.

There are over 250,000 people in the United States that live with spinal cord injuries. Of those persons living with spinal cord injuries, about 52% are considered paraplegic, and about 47% are considered quadriplegic. 82% of all victims of spinal cord injury are male. Most spinal cord injury victims are young, between the ages of 16 and 30 years of age. The largest numbers of spinal cord injuries occur in motor vehicle crashes. Other causes can be work-related injuries, falls, violence, and sports-related injuries.

Spinal cord injuries can be devastating. Not only can medical costs be astronomical, but long rehabilitation may be required. Medical equipment and supplies will be needed. Home healthcare is often required. With this type of injury, lost wages and lost earning capacity claims can be staggering. The attorneys at The Stewart Law Firm are familiar with spinal cord-related injuries and the prosecution of claims on behalf of spinal cord injury victims. The Stewart Law Firm understands the life-changing effects that can occur as a result of a spinal cord injury, particularly those injuries which are caused by the negligent acts of another or by a defective product. If you have a question regarding a spinal cord injury claim, call The Stewart Law Firm for a free consultation. The Stewart Law Firm can be reached, toll-free, at (877) 326-0411. Our address is: 3000 South IH-35, Suite 150, Austin, TX 78704. Visit our website at: http://www.thestewartlawfirm.net/. Cases handled by The Stewart Law Firm include catastrophic personal injury, wrongful death, spinal cord injuries, burn injuries, motorcycle crashes, motor vehicle crashes, commercial vehicle crashes, train crashes, bus crashes, and defective products.

TEXAS BURN INJURY LAWYERS

sws@thestewartlawfirm.net (Stephen Stewart) — Tue, 29 Sep 2009 14:27:00 +0000

Burn injuries, whether caused by fire, heat, electricity, chemicals, liquids, or friction, can be severe in nature. There are few more injuries that are more serious, more painful, more complex to treat, and potentially more fatal than burn injuries. Furthermore, serious burn injuries can often leave serious scarring and disfigurement that can last a lifetime.

Burns are generally described by degree or by burn thickness. Generally, first degree/superficial thickness burns are less serious burns. Problems may include erythema and minor pain. Second degree/partial thickness superficial burns are generally more serious. These burns manifest as erythema and involve blistering of the skin. There can be significant pain associated with these types of burn injuries. Third degree/partial thickness deep burns generally exist when the epidermis is lost with resultant damage to the subcutaneous tissue. These burns generally involve charring and sometimes extreme damage to the epidermis. These types of burns generally result in scarring and often require skin grafting during medical treatment. Forth degree/full thickness burns involve damage to muscle, tendons, and ligament tissues. These are generally very deep tissue burns that may threaten life and limb. Skin grafting is required if these types of burns do not result in a fatal injury.

The attorneys at The Stewart Law Firm are familiar with burn-related injuries and the prosecution of claims on behalf of burn victims. The Stewart Law Firm understands the life-changing effects that can occur as a result of a burn injury, particularly those injuries which were caused by the negligent acts of another or by a defective product. If you have a question regarding a burn claim, call The Stewart Law Firm for a free consultation.

The Stewart Law Firm can be reached, toll-free, at (877) 326-0411. Our address is: 3000 South IH-35, Suite 150, Austin, TX 78704. Visit our website at: http://www.thestewartlawfirm.net/. Cases handled by The Stewart Law Firm include catastrophic personal injury, wrongful death, burn injuries, motorcycle crashes, motor vehicle crashes, commercial vehicle crashes, train crashes, bus crashes, and defective products.

THE STEWART LAW FIRM...YOUR TEXAS MOTORCYCLE COLLISION LAWYERS

sws@thestewartlawfirm.net (Stephen Stewart) — Mon, 21 Sep 2009 23:31:00 +0000

Over the last ten (10) years, motorcycle registrations have increased significantly. More and more consumers are choosing to ride motorcycles. Motorcycle popularity is definitely on the rise. Why is this? Well, riding is fun. Moreover, due to the increasing push to save resources and be more environmentally conscious, more and more consumers are turning to motorcycles as their primary means of transportation. At a time when most passenger vehicles average around 25 miles per gallon, motorcycles can average around 50 miles per gallon.

Sadly, the increase in motorcycle sales has coincided with a significant increase in motorcycle-related injuries and deaths, which have dramatically risen over the last few years. The National Highway Traffic Safety Administration (NHTSA) estimates that 4,000 deaths and 76,000 injuries each year in the U.S. can be attributed to motorcycle collisions. Although Texas has spent considerable time in educating the motor vehicle driving public to “Share the Road,” ever increasing numbers of motorcycle collisions are occurring. Many motor vehicle operators simply fail to adhere to simple rules of the road. They are blind to the motorcycle. When motor vehicle operators fail to adhere to traffic laws, crashes can occur. Considering the nature of motorcycle/motor vehicle collisions, the operator on the motorcycle often suffers significant injury mechanism during a crash, including head trauma, spinal cord injury, and other catastrophic personal injuries.

The attorneys at The Stewart Law Firm are familiar with the rules of road and remain steadfast in the pursuit of justice for motorcycle crash victims. The Stewart Law Firm understands the severity of Texas motorcycle crashes and the life-changing effects that can occur as a result of a crash caused by the negligent acts of another. If you have a question regarding a Texas motorcycle crash claim, call The Stewart Law Firm for a free consultation. The Stewart Law Firm can be reached, toll-free, at (877) 326-0411. Our address is: 3000 South, IH-35, Suite 150, Austin, TX 78704. Visit our website at: www.thestewartlawfirm.net. Cases handled by The Stewart Law Firm include catastrophic personal injury, wrongful death, motorcycle crashes, motor vehicle crashes, commercial vehicle crashes, and defective products.

Why You Need Uninsured/Underinsured Motorist Coverage

sws@thestewartlawfirm.net (Stephen Stewart) — Fri, 11 Sep 2009 15:46:00 +0000

Assume that you are operating your motor vehicle in a reasonable manner, showing due regard for your safety and the safety of other motorists. At a time that you enter into a busy intersection through a green light, you are unexpectedly struck by a speeding motorist who was driving in a different direction and who failed to stop at a red light. In the crash, you suffer a broken leg. You are taken from the crash scene by ambulance to the nearest hospital where your leg is set and casted. Medical bills associated with your injury are $15,000.00. On top of that, you have $12,000.00 in damage sustained to your vehicle. Due to your injuries, you will be required to miss work for about six (6) weeks...which means you will be receiving no paycheck during that time period.

In a circumstance such as this, one would expect that the at-fault driver, the individual who failed to yield the right-of-way at a red light, would be liable for your damages. Shortly after the crash, however, you learn that the at-fault driver’s liability insurance has lapsed because he failed to timely pay his premiums. In a nutshell…the driver that caused the crash, injured you, deprived you of a paycheck, and ruined your vehicle is UNINSURED. Very often, the at-fault driver that has no insurance also has no attachable assets that can be obtained to help reimburse you for your losses.

This, sadly, is a reality for countless people who are injured because of someone else’s negligence. Statistics show that approximately 25% of all motor vehicles being driven on public roadways actually have no liability insurance coverage at all. This is true despite strict laws that require that all motor vehicles be covered by liability insurance. Uninsured and underinsured motorist coverage can pay for injuries, harm, and damages suffered by you and your passengers when there is an accident and the at-fault driver is considered “uninsured” or “underinsured.” As the terms state, an “uninsured driver” is someone who did not have liability insurance; an “underinsured driver” is someone who maintained liability insurance, but failed to maintain sufficient liability insurance limits to pay the full amount of damages caused in the crash.

Uninsured/Underinsured coverage is not required in Texas. All automobile insurers in Texas, however, offer this type of coverage. Uninsured/Underinsured coverage is generally relatively inexpensive to add to your existing liability coverage, especially considering the amount of protection that it provides. It can pay medical bills, property damage, lost wages, and pain/suffering. Considering the staggering statistics that 1 in 4 vehicles on the road are uninsured…uninsured/underinsured coverage should be a must. Very often, if you are involved in any motor vehicle crash, this type of coverage can literally save you and your family from difficult hardships. If you do not now possess this type of coverage, call your insurance agent now to secure it.
The attorneys at The Stewart Law Firm know the particulars about uninsured/underinsured insurance coverage. If you have any question regarding an insurance claim, call The Stewart Law Firm for a free consultation. The Stewart Law Firm can be reached, toll-free, at (877) 326-0411. Our address is: 3000 South, IH-35, Suite 150, Austin, TX 78704. Visit our website at: http://www.thestewartlawfirm.net/. Cases handled by The Stewart Law Firm include catastrophic personal injury, wrongful death, motor vehicle crashes, commercial vehicle crashes, and defective products.

NEW TRAFFIC LAWS GO INTO EFFECT ON SEPTEMBER 1, 2009

sws@thestewartlawfirm.net (Stephen Stewart) — Sat, 29 Aug 2009 18:10:00 +0000

Starting on September 1, 2009, several new laws that have been placed on the books will go into effect. Some of the new laws target driving safety. As responsible citizens, we should all become familiar with these new laws...not only to be safe, but to avoid violation of the laws. Some of the new laws that have been passed by Texas law makers include:

Seatbelts:
HB 537 requires all occupants of a vehicle, no matter their age, to be secured by a safety belt, no matter where they are seated in the vehicle; changes the definition of a passenger vehicle to include a passenger van designed to transport 15 or fewer passengers including the driver; removes the current exemption for third-party Medicaid transportation provisions regarding the use of child passenger safety seats; and prohibits a motorcycle operator from carrying a passenger under the age of 5 unless the child is seated in a sidecar attached to the motorcycle. SB 61 amends the existing statute regarding child passenger safety seats. The bill requires that any child younger than 8 years of age be restrained in an approved child passenger safety seat unless the child is at least 4 feet, 9 inches in height. The fine is no more than $25 for a first offense and $250 for a second offense. The law also creates a new court cost for conviction of an offense under this section to be collected and used by TxDOT to buy safety seats for low income families. The law becomes effective on Sept. 1, 2009, but tickets for this offense cannot be issued until June 1, 2010. Police officers are allowed to issue a warning before that date.

Driving:
HB 55 makes it illegal to use a wireless communication device in a school zone unless the vehicle is stopped or a hands-free device is used. Cities or counties wanting to enforce this law must post a sign at the beginning of each school zone to inform drivers that using a wireless communications device is prohibited and the operator is subject to a fine. It is a defense to prosecution if the operator was making an emergency call. HB 2730 increases the penalties for driving while intoxicated with a child passenger by adding an automatic driver license suspension period for first-time offenders and an increased suspension period for repeat offenders. The driver license re-instatement fee for completing an education program will rise from $50 to $100. Closes a loophole so a person who commits an offense as a minor cannot circumvent the driver license penalty if the person turns 21 before their court date.

HB 2730 allows a new Texas resident to operate a vehicle without a Texas license for 90 days instead of the current 30. (This provision went into effect on June 19, 2009.) HB 2012 creates two new punishment enhancements: a Class B misdemeanor if a person drives with a suspended license and without insurance; and a class A misdemeanor if the person driving without insurance or a valid driver license has an accident and someone is seriously injured or dies as a result of that accident. SB 129 authorizes neighborhood electric vehicles (NEVs) to be operated on roads with a posted speed limit of 45 miles per hour or less. The bill authorizes driver license holders to operate NEVs without having a motorcycle endorsement, clarifies that drivers and passengers in such vehicles are not required to wear helmets and specifies that enclosed three-wheeled vehicles as described in the bill are authorized to operate in preferential lanes.

Concealed handgun:
HB 2730 amends numerous provisions regarding concealed handgun licenses (CHLs), including eliminating student loan defaults as a disqualifier, to clarify that DPS must suspend or revoke a license when the licensee becomes ineligible and mandating that a magistrate suspend a CHL held by the subject of an emergency protective order. HB 2664 provides a defense to prosecution if a concealed handgun license holder carries a concealed handgun into an establishment that gets 51 percent or more of its income from the sale of alcoholic beverages, but has failed to post the statutorily required notice that it derives 51 percent or more of its income from the sale of alcoholic beverages. (Under current law, a concealed handgun licensee can be charged with a Class A misdemeanor for doing this.) HB 2730 removes DPS authority to suspend a concealed handgun license (CHL) for the holder’s failure to display the CHL to a peace officer on demand. It removes associated penalties and suspensions for the failure to display.

Driver license:
HB 2730 requires that all applicants under the age of 18 take the driving skills exam to receive a driver license. The law also requires that a provisional driver license (under 18) or instruction permit expire on an individual’s 18th birthday, removes the requirement that a provisional driver license or instruction permit be renewed annually and increases the fee for those licenses from $5 to $15. It also extends the current phase-two restrictions for holders of a graduated driver license from 6 months to 1 year. These restrictions include limited night driving, prohibited use of wireless communication devices and a limited number of passengers. HB 339 increases the total hours of behind-the-wheel driving instruction a teen receives from 14 to 34 and creates an adult driver education requirement for applicants older than 18 and younger than 21. SB 1317 creates a six-hour driver education course required for driver license applicants 18 years of age or older. It also mandates that applicants 25 or under must submit to an approved driver education course. (Goes into effect March 1, 2010.)

SB 328 gives DPS the power to suspend a minor’s driver license if they fail a breath or blood alcohol test while operating a watercraft. Chapter 524 of the Transportation Code also clearly defines the suspension period for an individual who was under the age of 21 at the time when the offense of boating under the influence or driving under the influence of alcohol occurred. The law also increases the reinstatement fee for a license suspended under sections 49.04-49.08, Penal Code from $50 to $100. HB 2730 increases the driver license sanction from a one-year CDL license disqualification to a lifetime disqualification if a person uses a motor vehicle to transport, conceal or harbor an alien. If a child is engaged in conduct involving a severe form of trafficking persons, a judge at a juvenile hearing is required to order the juvenile’s driver license or permit to be suspended. HB 2730 prohibits DPS from issuing a driver license or identification card to a person who has not established a domicile in Texas. The law specifies that an applicant may receive a driver license at a post office box only if the applicant’s residence address has also been provided, with some exceptions.

Crime:
HB 558 allows minors to be charged with public intoxication. HB 2386 allows courts to immediately seal juvenile criminal records if the juvenile successfully completes a drug court program, or another special program ordered by the court. HB 1282 makes it a Class B misdemeanor to steal a driver license, commercial driver license or personal identification. SB 554 makes it illegal to own or possess dog-fighting equipment and establishes that such equipment and property where dogs are found to be engaged in dog fighting is contraband and is subject to forfeiture. The law also makes dog-fighting subject to the elevated penalties authorized in the Texas Penal Code, Section 71.02(a), in an effort to deter organized criminal activity. HB 1813 makes it a third-degree felony to tamper with forensic, medical, chemical, toxicological and ballistic reports, as well as reports of certification, inspection or maintenance of instruments used to examine or test physical evidence. (Currently, someone who does this can only be charged with a state jail felony.) HB 358 allows law enforcement authorities to store only a small part of gambling machines that have been seized, instead of storing the whole machine. They would be able to remove and store just the computer chips in gambling machines, which are the core of the machines and contain the information necessary for prosecutions to go forward.

Registered sex offenders:
SB 689 restricts Internet usage by certain registered sex offenders, and requires registered sex offenders to provide information about their e-mail addresses when they register.

Motorcycles etc.:
Senate Bill 1967 requires that applicants for an original class M license or class A, B or C driver license (including commercial driver licenses and permits) with authorization to operate a motorcycle, provide evidence of completion of an approved motorcycle operator training course. It also repeals the helmet exemption sticker program. Current law requires a person be covered with a minimum of $10,000 in health insurance for injuries incurred in a motorcycle accident to be eligible for an exception for the offense of operating or riding a motorcycle without a helmet. As of Sept. 1, the minimum amount is removed. The bill requires the Texas Department of Insurance to prescribe a standard proof of health insurance for issuance to persons who are at least 21 years of age and covered by an applicable health insurance plan. The law also increases the penalty for failure to yield the right-of-way if there is a crash that results in injury to a person other than the motorcycle operator.

Vehicle inspection:
SB 589 requires that a vehicle equipment safety compliance label be placed on a windshield, side or rear window stating that the window tinting complies with the appropriate provisions of the Transportation Code. Failing to place the required label on the vehicle could lead to a $1,000 fine.

Miscellaneous:

HB 2730 increases the fine for a parking violation at the state Capitol from $10 to $25, and increases the late fee from $2 to $5. SB 1188 authorizes a Texas resident to buy firearms, ammunition or firearms accessories in any other state, not just those contiguous to Texas, to reflect updated federal statutes.

The Stewart Law Firm is an Austin, Texas based firm handling cases throughout Central Texas, South Texas, East Texas, North Texas, and the United States. We are proud to have a nationwide practice. Cases handled by The Stewart Law Firm include those involving catastrophic personal injury, wrongful death, and defective products. The Stewart Law Firm can be reached, toll-free, by calling (877) 326-0411. Learn more about The Stewart Law Firm by visiting our website at: www.thestewartlawfirm.net. The Stewart Law Firm is steadfast in the pursuant of justice for victims. Call for a free consultation today.

SCHOOL ZONE SAFETY

sws@thestewartlawfirm.net (Stephen Stewart) — Mon, 24 Aug 2009 13:35:00 +0000

Today marks the first day of school for many Texas youngsters. Motorist should take time to be become familiar with school zones that they travel in. Motor vehicles and small children pedestrians can make for a dangerous combination. It is incumbent upon motorists to use all due care when operating their motor vehicle where children are present. Motorists should slow down and observe all traffic laws and speed limits. Motorists should be mindful of school buses, watching for bus movement, flashing lights, and loading and unloading children. Children often do not think about safety. Watch for children who may not be paying attention and those that might dart into the street. The secret for safety is SLOW SPEED…that is why we have reduced school zone speed limits. In addition, school zones and cell phones do not mix. Using any cell phone or other hand-held communication device in a school zone is an accident waiting to happen. Texas lawmakers recently passed a new law, which will begin on September 1, 2009, that actually bans cell phone use in school zones. If the school zone has proper signage banning cell phone use, the fines for a violation of this new law can be substantial. The safe course of action is to put your cell phone down at any time you are operating a motor vehicle…this is especially true if you are in a school zone.

The Stewart Law Firm, P.L.L.C. is an Austin, Texas based law firm that prides itself in being on the front-line in fighting for victims’ rights and keeping proper checks and balances in place to assure that corporations, wrong-doers, and dangerous products do not injure or harm innocent people. The Stewart Law Firm, P.L.L.C. handles cases involving: injuries caused by drunk drivers, catastrophic personal injuries, wrongful death, car crashes, commercial truck/18-wheeler crashes, bus crashes, aviation accidents, motorcycle crashes, defective automobiles (SUV rollovers, defective seat systems, defective seat belts, defective airbags, defective tires, post collision fuel-fed fires, door latch failure, roof crush, lack of crashworthiness/intrusion, park-to-reverse injuries), unsafe manufacturing/construction equipment, defective swimming pools, defective consumer goods, defective children’s toys, defective child seats, train collisions, catastrophic child injuries/molestation, industrial/construction injuries, oilfield injuries, explosions, toxic/environmental injuries, birth injuries, burn injuries, traumatic brain injuries, spinal cord injuries, paraplegia, quadriplegia, amputation injuries, electrocution injuries, national consumer class action/fraud litigation, business torts, and business litigation.

If you or someone you love has suffered a personal injury caused by the negligent acts of someone else, call The Stewart Law Firm. We can be reached, toll-free, at (877) 326-0411. Our address is: 3000 South, IH-35, Suite 150, Austin, TX 78704. Visit our website at: www.thestewartlawfirm.net.

TEEN DRIVER SAFETY

sws@thestewartlawfirm.net (Stephen Stewart) — Wed, 19 Aug 2009 14:59:00 +0000

The statistics associated with fatal and catastrophic personal injuries with teens operating motor vehicles is staggering. The thought of your teenager behind the wheel can be a scary thought…and it should be. According to the Institute for Highway Safety, teenagers are ten (10) times more likely to get involved in a motor vehicle crash than drivers between the ages of thirty (30) and fifty-nine (59). Before parents allow a teenager access to any motor vehicle, safe driving tips should be considered. Teen driver safety tips that should be considered include:

Know Traffic Laws: Even though a teen driver may have passed a driving course and obtained his or her license, driving laws should be reviewed and re-reviewed often, particularly for a young driver. Keep a copy of the relevant driver’s handbook available for review and reference. Ask your teenager specific questions about various traffic laws. Provide your teenager hypothetical situations that they might face on the roadway.

Practice, Practice, Practice: Let your teenager drive with you. If it is raining and the roadway is wet, give the keys to your teen driver. Let them experience firsthand driving in inclement weather. As a passenger, you will be able to provide input for your teen driver and allow your teen to develop good driving habits.

Limit Nighttime Driving: Statistics show that nighttime is a dangerous time for teens to be driving. 42% of teen deaths occur in motor vehicle crashes on Friday, Saturday, and Sunday nights. Restricting nighttime driving can keep your child safe.

No Cell Phone Use: Cellular phone use and texting while driving is a crash waiting to happen. Strict rules should prohibit any cellular phone or other handheld device use while operating a motor vehicle. Studies now show that cell phone use and/or texting while driving is just as dangerous as drinking and driving. 100% focus should be on the roadway. If your teenage driver has a handheld communication device, it should be turned off while they are operating a motor vehicle.

Restrict the Number of Passengers in the Car: Teen driving crash rates increase by 50% with just one (1) teen passenger in the car…and by 400% with three (3) or more teen passengers. Parents should limit the number of passengers in their teen’s motor vehicle. This rule limits the amount of distractions in the vehicle…allowing the teen driver to focus on road safety.

Seatbelts and Speeding: Young drivers should be reminded to always wear their seatbelts. In addition, young drivers should also be reminded to not speed. Remind your young driver in a loving manner…but do it often. Make it a habit for them.

Parent/Teen Driving Agreement: It is a good idea for parents and teens to enter into a formal contract regarding vehicle use and driving protocols. Both the parent and the teen sign the agreement. Such agreements are good in that it puts certain rules in writing, in the form of a contract. The terms of the contract apply at all times. Parents and teens can agree on items such as: vehicle operation hours, seatbelt rules, the number of passengers allowed in the vehicle, cellular phone use, drinking and driving, speed limitations, emergency plans, or other items. An agreement like this is a great idea in that it commits the young driver…in writing.

The Stewart Law Firm is committed to teen driving safety and crash avoidance. We see, all too often, the senseless deaths and catastrophic personal injuries that occur when young and inexperienced drivers are behind the wheel. Keep your young driver safe. Stay involved. Constantly monitor. If you would like a free Parent/Teen Driving Agreement, contact The Stewart Law Firm today.

The Stewart Law Firm an Austin, Texas based law firm that prides itself in being on the front-line in fighting for victims’ rights and keeping proper checks and balances in place to assure that corporations, wrong-doers, and dangerous products do not injure or harm innocent people. The Stewart Law Firm handles cases involving: injuries caused by drunk drivers, catastrophic personal injuries, wrongful death, car crashes, commercial truck/18-wheeler crashes, bus crashes, aviation accidents, motorcycle crashes, defective automobiles (SUV rollovers, defective seat systems, defective seat belts, defective airbags, defective tires, post collision fuel-fed fires, door latch failure, roof crush, lack of crashworthiness/intrusion, park-to-reverse injuries), unsafe manufacturing/construction equipment, defective swimming pools, defective consumer goods, defective children’s toys, defective child seats, train collisions, catastrophic child injuries/molestation, industrial/construction injuries, oilfield injuries, explosions, toxic/environmental injuries, birth injuries, burn injuries, traumatic brain injuries, spinal cord injuries, paraplegia, quadriplegia, amputation injuries, electrocution injuries, national consumer class action/fraud litigation, business torts, and business litigation.

The Stewart Law Firm can be reached, toll-free, at (877) 326-0411. Our address is: 3000 South, IH-35, Suite 150, Austin, TX 78704. Visit our website at: www.thestewartlawfirm.net.

TEXAS TRUCK LAWYER

sws@thestewartlawfirm.net (Stephen Stewart) — Wed, 12 Aug 2009 18:10:00 +0000

Every year, commercial trucking collisions cause senseless catastrophic personal injuries and wrongful death. According to the National Highway Safety Administration, there are in excess of 400,000 collisions involving commercial trucks each year in the United States. Unfortunately, these collisions result in thousands of fatality injuries to innocent victims. Due to the size and weight variance between large commercial trucks and passenger cars, the magnitude of injuries and damages are often substantial.

When truck collisions occur, it is not uncommon for trucking companies and their insurance companies to start collecting evidence at the collision scene in order to gain an early jump on anticipated claims by victims and their families. Steps should be taken to see that evidence is preserved at the very earliest of claim stages. The Stewart Law Firm has the experience, capabilities, and resources to handle all aspects of an 18-wheeler or commercial trucking case. Immediately upon being called in to handle a commercial trucking case, our dedicated staff and expert team begin work to assist victims. Our Truck Victim Rapid Response Program was created to assist victims by dispatching attorneys, staff, investigators, and experts out into the field in a matter of only a few hours. The specific items that our team focuses on include:

-Survey and reconstruction of the collision scene;

-Vehicle and commercial truck and trailer inspections;

-Hand-in-hand work with law enforcement to review and inspect all obtainable data;

-Assessment of: electronic control module data; truck owner and operator trip and load records; driver logs; driver employee files; owner and operator compliance with federal and state trucking regulations; driver qualifications and fitness to operate; onboard communications systems; employer hiring, training, and supervision practices; driver background records; and truck and equipment maintenance protocols.

Commercial trucking claims often require time, experience, and resources in order to obtain unprecedented results. The attorneys, staff, and dedicated team of cutting edge experts and consultants utilized by The Stewart Law Firm stand ready to assist you with every aspect of your commercial trucking case. The Stewart Law Firm remains steadfast in the pursuit of justice for victims injured by commercial truck operators. If you or a loved one has been injured by a commercial truck, contact The Stewart Law Firm at (877) 326-0411, toll-free. Visit our website at http://www.thestewartlawfirm.net/.

Cell Phone/Texting Increases Risk of Vehicle Crashes

sws@thestewartlawfirm.net (Stephen Stewart) — Wed, 29 Jul 2009 20:10:00 +0000

A recent study by the Virginia Tech Transportation Institute concludes that texting while driving greatly increases the risk of motor vehicle crashes, personal injuries, and possibly even fatal injuries. The study was financed by the Federal Motor Carrier Safety Administration. Although studies on issues like this are beneficial, good common sense dictates that it is dangerous to take your eyes off of the road while operating a motor vehicle…even for a few seconds. If your attention is not focused on the roadway and what is going on around you, bad things can happen in a blink of an eye.

The Stewart Law Firm is steadfast in the pursuit of justice on behalf of victims who suffer personal injuries or fatal injuries from negligent motor vehicle operators, especially those that defy common sense and text while driving. If you or a loved one have been injured by a negligent motorist who was texting or using a cellular phone while driving, call The Stewart Law Firm today at (877) 326-0411 for a free consultation. Visit our website at www.thestewartlawfirm.net.

July 28, 2009
In Study, Texting Lifts Crash Risk by Large Margin (from the NY Times)
By MATT RICHTEL
The first study of drivers texting inside their vehicles shows that the risk sharply exceeds previous estimates based on laboratory research — and far surpasses the dangers of other driving distractions.
The new study, which entailed outfitting the cabs of long-haul trucks with video cameras over 18 months, found that when the drivers texted, their collision risk was 23 times greater than when not texting.
The Virginia Tech Transportation Institute, which compiled the research and plans to release its findings on Tuesday, also measured the time drivers took their eyes from the road to send or receive texts.
In the moments before a crash or near crash, drivers typically spent nearly five seconds looking at their devices — enough time at typical highway speeds to cover more than the length of a football field.
Even though trucks take longer to stop and are less maneuverable than cars, the findings generally applied to all drivers, who tend to exhibit the same behaviors as the more than 100 truckers studied, the researchers said. Truckers, they said, do not appear to text more or less than typical car drivers, but they said the study did not compare use patterns that way.
Compared with other sources of driver distraction, “texting is in its own universe of risk,” said Rich Hanowski, who oversaw the study at the institute.
Mr. Hanowski said the texting analysis was financed by $300,000 from the Federal Motor Carrier Safety Administration, which has the mission of improving safety in trucks and buses. More broadly, the research yielding the results represent a significant logistical undertaking.
The overall cost was $6 million to equip the trucks with video cameras and track them for three million miles as they hauled furniture, frozen foods and other goods across the country.
The final analysis of the data is undergoing peer review before formal publication.
Tom Dingus, director of the Virginia Tech institute, one of the world’s largest vehicle safety research organizations, said the study’s message was clear.
“You should never do this,” he said of texting while driving. “It should be illegal.”
Thirty-six states do not ban texting while driving; 14 do, including Alaska, California, Louisiana and New Jersey. New York legislators have sent a bill to Gov. David A. Paterson. But legislators in some states have rejected such rules, and elected officials say they need more data to determine whether to ban the activity.
One difficulty in measuring crashes caused by texting drivers — and by drivers talking on phones — is that many police agencies do not collect this data or have not compiled long-term studies. Texting also is a relatively new phenomenon.
The issue has drawn attention after several recent highly publicized crashes caused by texting drivers, including an episode in May involving a trolley car driver in Boston who crashed while texting his girlfriend.
Over all, texting has soared. In December, phone users in the United States sent 110 billion messages, a tenfold increase in just three years, according to the cellular phone industry’s trade group, CTIA.
The results of the Virginia Tech study are buttressed by new laboratory research from the University of Utah. In a study over the last 18 months, college students using a sophisticated driving simulator showed an eight times greater crash risk when texting than when not texting.
That study, which is undergoing peer review and has been submitted for publication in The Journal for Human Factors, also found that drivers took their eyes off the road for around five seconds when texting.
David Strayer, a professor who co-wrote the University of Utah report, offered two explanations for the simulator’s showing lower risks than the Virginia study. Trucks are tougher to maneuver and stop, he noted, and the college students in his study might be somewhat better at multitasking.
But the differences in the studies are not the point, Mr. Strayer said. “You’re off the charts in both cases,” he added. “It’s crazy to be doing it.”
At Virginia Tech, researchers said they focused on texting among truckers simply because the trucking study was relatively new and thus better reflected the explosive growth of texting. But another new study from the organization is focusing on texting among so-called light-vehicle drivers, specifically teenagers.
Preliminary results from that study show risk levels for texters roughly comparable to those of the truck drivers. The formal results of the light-vehicle study should be available later this year. By comparison, several field and laboratory studies show that drivers talking on cellphones are four times more likely to cause a crash than other drivers. And a previous Virginia institute study videotaping car drivers found that they were three times more likely to crash or come close to a crash when dialing a phone and 1.3 times more likely when talking on it.
Researchers focused on distracted driving disagree about whether to place greater value on the results of such a so-called naturalistic study or laboratory studies, which allow the scientists to recreate conditions and measure individual drivers against themselves.
But, in the case of texting, laboratory and real-world researchers say the results are significant — from both scientific methodologies, texting represents a much greater risk to drivers than other distractions.
A new poll shows that many drivers know the risks of texting while driving — and do it anyway. The AAA Foundation for Traffic Safety plans on Tuesday to publish polling data that show that 87 percent of people consider drivers texting or e-mailing to pose a “very serious” safety threat (roughly equal to the 90 percent who consider drunken drivers a threat).
Of the 2,501 drivers surveyed this spring, 95 percent said that texting was unacceptable behavior. Yet 21 percent of drivers said they had recently texted or e-mailed while driving.
About half of drivers 16 to 24 said they had texted while driving, compared with 22 percent of drivers 35 to 44.
“It’s convenient,” said Robert Smith, 22, a recent college graduate in Windham, Me. He says he regularly texts and drives even though he recognizes that it is a serious risk. He would rather text, he said, than take time on a phone call.
“I put the phone on top of the steering wheel and text with both thumbs,” he said, adding that he often has exchanges of 10 messages or more. Sometimes, “I’ll look up and realize there’s a car sitting there and swerve around it.”
Mr. Smith, who was not part of the AAA survey, said he was surprised by the findings in the new research about texting.
“I’m pretty sure that someday it’s going to come back to bite me,” he said of his behavior.

The Stewart Law Firm is Honored With Crime Victims Award

sws@thestewartlawfirm.net (Stephen Stewart) — Fri, 17 Jul 2009 20:16:00 +0000

Stephen W. Stewart, founder of The Stewart Law Firm, P.L.L.C. in Austin, Texas, announces that The Stewart Law Firm, P.L.L.C. has received an Outstanding Service Award in recognition for the firm’s service and commitment to victims of crime from Crime Victims First.

Regarding the law firm’s Outstanding Service Award from Crime Victims First, attorney Stephen W. Stewart explains that his law firm is honored and humbled to receive such an award. “The Stewart Law Firm has always been, and will always remain, steadfast in the pursuit of justice on behalf of victims. Thousands of people each year suffer serious personal injuries or death as a result of being a victim of a crime. The Stewart Law Firm is proud to support Crime Victims First, which aids and assists victims and families who are so tragically impacted by crime. The Stewart Law Firm is a helping hand and resource for victims, whether it is a victim of a drunk driver or child who has been sexually abused. The Stewart Law Firm will remain steadfast in its goal to hold wrongdoers accountable, seeking justice on behalf of its clients, one case at a time,” said Stephen Stewart.

Pictured (left to right) is Jim Currier, Founder of Crime Victims First; Ginger Stewart, Firm Administrator of The Stewart Law Firm; and Stephen W. Stewart

July 4th Safe Driving Tips From The Stewart Law Firm

sws@thestewartlawfirm.net (Stephen Stewart) — Thu, 25 Jun 2009 20:18:00 +0000

When most people think of July 4th, they think of the freedoms that we enjoy in our amazing country, rest, relaxation, grilling, baseball, parades, picnics, and fireworks. Most, however, don’t appreciate July 4th as being one of the deadliest days to drive on public roadways. On July 4th, there are generally more motor vehicles on roadways. To make matters worse, there are increased instances of drinking and driving. Drinking and driving accounts for countless catastrophic personal injuries and deaths each year. This July 4th will be no different. If you happen to be on the roadways this July 4th holiday, it is recommended that the following safety tips be followed:

Don’t Drink and Drive. If you plan to attend an event where alcohol will be served, make alternative transportation plans, such as appointing a designated driver, taking a taxi, or staying overnight at the location you plan to visit. Planning ahead can save lives.
Buckle Up! Seatbelts save lives. In any motor vehicle crash, your chances of avoiding serious or even fatal injuries greatly increase with the use of seatbelts. Even if you are taking a trip around the block, buckle up.
Avoid Distractions. Cell phone use, texting, and playing with children while driving are all recipes for disaster. Most motor vehicle collisions relate to lack of driver attention. Avoid any distraction while you are operating your motor vehicle. Make sure that you are well rested before starting your trip. Take time to take periodic rest stops, stretch your legs, and relax for a bit.
Limit Late Night Driving. Most drunk driving collisions occur late at night. If you can, avoid late night driving trips. If you happen to be on the roadway late at night, pay particular attention to your surroundings at all times. Drive defensively, keeping a safe and clear distance from other late night traffic as best you can.
Car Maintenance. Before starting your trip, make sure that your motor vehicle is also well rested and good for the trip. Be sure to check all fluids, including oil, antifreeze, transmission fluids. It is important to check the air pressure on all tires. If your tires have lost significant tread, get them checked by a tire retailer prior to your trip. Numerous tire blow-outs and de-treads occur in the summer months. Check your tires and make sure they are safe.
Keep Check of Your Speed. Speeding can be deadly. The goal is to make it to your destination safe and sound. The most practical way to accomplish that is to avoid speeding. Slowing down also limits the amount of fuel your vehicle consumes. Slow down and enjoy your road-trip.
The Stewart Law Firm is an Austin, Texas based law firm that prides itself in being on the front-line in fighting for victims’ rights and keeping proper checks and balances in place to assure that corporations, wrong-doers, and dangerous products do not injure or harm innocent people. The Stewart Law Firm handles cases involving: injuries caused by drunk drivers, catastrophic personal injuries, wrongful death, car crashes, commercial truck/18-wheeler crashes, bus crashes, aviation accidents, motorcycle crashes, defective automobiles (SUV rollovers, defective seat systems, defective seat belts, defective airbags, defective tires, post collision fuel-fed fires, door latch failure, roof crush, lack of crashworthiness/intrusion, park-to-reverse injuries), unsafe manufacturing/construction equipment, defective swimming pools, defective consumer goods, defective children’s toys, defective child seats, train collisions, catastrophic child injuries/molestation, industrial/construction injuries, oilfield injuries, explosions, toxic/environmental injuries, birth injuries, burn injuries, traumatic brain injuries, spinal cord injuries, paraplegia, quadriplegia, amputation injuries, electrocution injuries, national consumer class action/fraud litigation, business torts, and business litigation.

Zicam WARNING

sws@thestewartlawfirm.net (Stephen Stewart) — Thu, 18 Jun 2009 22:22:00 +0000

On Tuesday June 16, 2009, the FDA issued a warning to consumers to discontinue the use of three popular over-the-counter cold remedies produced by Matrixx. The nasal products are Zicam Cold Remedy Nasal Gel, Zicam Cold Remedy Nasal Swabs, and Zicam Cold Remedy Swabs, Kids Size. Matrixx was also issued a warning letter by the FDA, stating that the company needed the FDA’s approval to market the medication. Numerous complaints were filed with the FDA from people who have lost their sense of smell, known as anosmia, after using nasal Zicam.

Anosmia, is the permanent loss of smell, which is a dangerous condition. People suffering from anosmia cannot detect harmful gasses or fumes. There is also the potential for such individuals to unknowingly eat spoiled or tainted foods due to the fact that the sense of smell is closely related to the sense of taste.

If you or a loved one has suffered serious side effects after using Zicam, please feel free to call The Stewart Law Firm, PLLC at (877) 326-0411.

The Stewart Law Firm proudly announces sponsorship of this year's Walk Like MADD

sws@thestewartlawfirm.net (Stephen Stewart) — Tue, 28 Apr 2009 16:18:00 +0000

Stephen W. Stewart, founder of The Stewart Law Firm, P.L.L.C. in Austin, Texas, announces that The Stewart Law Firm, P.L.L.C. will sponsor the 2009 Austin Walk Like MADD, a 5k walk benefiting Mothers Against Drunk Driving (MADD)—Texas. This year’s Austin Walk Like MADD will take place on Saturday, May 2, 2009 at Old Settler’s Park in Round Rock, Texas. The event ceremonies will start at 9:00 a.m. The walk will start at 9:30 a.m. Walk registration packets and information about the event can be obtained by contacting Walk Like MADD organizer, Jessica Cullitan, Senior Development Officer with MADD, 611 South Congress Avenue, Suite 505, Austin, Texas 78704, Phone (512) 445-4976.

Regarding The Stewart Law Firm’s sponsorship of the Walk Like MADD event, attorney Stephen W. Stewart explains that his law firm is steadfast in the pursuit of justice on behalf of victims of drunk drivers. “Thousands of people each year suffer catastrophic personal injuries or death as a result of a collision with a drunk driver. The Stewart Law Firm, P.L.L.C. is proud to sponsor such a wonderful event benefiting MADD, which raises the much needed funds to help victims and families who are so tragically impacted by such an event. Drunk and impaired driving kills almost 17,000 adults, teens, and children each year. It injures, often seriously, another half a million people. Many of these victims will need real help in order to deal with the resulting physical, emotional, and financial consequences in their lives.”

Mothers Against Drunk Driving (MADD) has as its mission to stop drunk driving, support the victims of this violent crime, and prevent underage drinking and driving. MADD meets it mission goals through activism, victim services, and education. MADD-Texas may be reached at 611 South Congress, Suite 505, Austin, Texas 78704, Phone (512) 445-4976. MADD can also be found on the web at www.madd.org.

The Stewart Law Firm, P.L.L.C. is an Austin, Texas based law firm that prides itself in being on the front-line in fighting for victims’ rights. The Stewart Law Firm, P.L.L.C. handles cases involving: injuries caused by drunk drivers, catastrophic personal injuries, wrongful death, car crashes, commercial truck/18-wheeler crashes, bus crashes, aviation accidents, motorcycle crashes, defective automobiles (SUV rollovers, defective seat systems, defective seat belts, defective airbags, defective tires, post collision fuel-fed fires, door latch failure, roof crush, lack of crashworthiness/intrusion, park-to-reverse injuries), unsafe manufacturing/construction equipment, defective swimming pools, defective consumer goods, defective children’s toys, defective child seats, train collisions, catastrophic child injuries/molestation, industrial/construction injuries, oilfield injuries, explosions, toxic/environmental injuries, birth injuries, burn injuries, traumatic brain injuries, spinal cord injuries, paraplegia, quadriplegia, amputation injuries, electrocution injuries, national consumer class action/fraud litigation, business torts, and business litigation.

The Stewart Law Firm, PLLC
Stephen W. Stewart
3000 South IH-35
Suite 150
Austin, TX 78704
Phone: (877) 326-0411
Fax: (512) 326-8228
e-mail: sws@thestewartlawfirm.net
www.thestewartlawfirm.net

4th Annual Donor Recognition Awards for Make A Wish

sws@thestewartlawfirm.net (Stephen Stewart) — Thu, 20 Nov 2008 17:49:00 +0000

My wife, Ginger Stewart, has served on this committee for the past three years. She always enjoys working with the MAW staff, volunteers, and other committee members to honor the very special donors of Make A Wish, who make the dreams of children with life threatening illnesses come true.

Bob Bright and Stephen Stewart
Austin Fireman, Ginger Stewart, and Shirley Bright
Some of this year's guests and distinguished honorees.

If you would like to learn more about Make A Wish Foundation of Central and South Texas, please visit http://www.centralandsouthtexas.wish.org/.

The Stewart Law Firm seeks justice for child victims.

sws@thestewartlawfirm.net (Stephen Stewart) — Wed, 24 Sep 2008 17:41:00 +0000

The Stewart Law Firm routinely handles cases involving physical, emotional, and sexual abuse of children, often on a nationwide basis. Tragically, thousands of families find themselves in this traumatic situation each year and don't know what to do. Treatment is needed to help victims deal with the emotional and psychological scars. No child should ever have to suffer.

In the Headlines:

"Stephen W. Stewart of The Stewart Law Firm, PLLC has filed a claim for personal injury damages on behalf of two minor boys who were abused by the manager of the Budget Lodge Motel in Austin, Texas."

http://www.24-7pressrelease.com/press-release-rss/the-stewart-law-firm-pllc-files-civil-lawsuit-for-personal-injury-damages-on-the-behalf-of-two-minor-boys-who-were-sexually-molested-at-the-budget-lodge-motel-in-austin-texas-65810.php

To report suspected child abuse of any kind, please call 911.
To view your states child welfare service information:
http://www.childwelfare.gov/pubs/reslist/rl_dsp.cfm?rs_id=5&rate_chno=11-11172