Dallas Vehicle Recall Attorney

Friday, April 20, 2018

A vehicle recall may come about when a manufacturer or the National Highway Traffic Safety Administration (NHTSA) recognizes a dangerous defect or fault in a vehicle that has already reached consumers. A recall signals to consumers that their vehicles may not be safe to drive and gives them the opportunity to repair the issue free of charge. If a defective auto part caused your car accident before you received the recall notice, you may need a vehicle recall lawyer in Dallas.

The Law Firm of Aaron A. Herbert, P.C. has experienced product liability attorneys ready to represent victims of defective auto part accidents. Aaron A. Herbert and his team have won thousands of dollars in successful settlements and jury verdicts throughout Texas. If you need aggressive, reliable, and talented attorneys representing you against prominent auto manufacturers and insurance companies, contact us.

How Does the Recall Process Work?

The need to keep the nation’s roads safe sometimes results in vehicle recalls. A recall might be necessary if a vehicle has safety defects that make it prone to issues or accidents. Recalls in the past have involved seat belts, brakes, airbags, ignition switches, and windshield wipers. Recalls can come about from the vehicle manufacturer or the NHTSA. The manufacturer might issue a recall on its own if it learns about a defect in its vehicles or parts – either through reports of problems from consumers or insider testing.

The NHTSA might step in to force a manufacturer to recall an item if the manufacturer will not do so itself. The National Traffic and Motor Vehicle Safety Act gave the NHTSA authority to create and enforce vehicle safety standards back in 1966. The NHTSA may issue a safety-related recall at any time if it finds that a problem exists in a vehicle or vehicle component. Recalls mean the item in question poses a risk to motorist safety and likely exists in more than one vehicle.

How to Find Out If Your Vehicle Has a Recall

Under a recall, a manufacturer must notify all registered vehicle owners and buyers by mail of the existence of an issue. The notification must explain the nature of the problem, including potential safety hazards. It must also give a description of the free remedy, such as when and for how long it will be available and where to take the vehicle. The notification may or may not tell the driver not to operate the vehicle until he or she has fixed the issue. A recall notice may give owners the opportunity to repair, replace, or repurchase the vehicle.

Often, the NHTSA also makes manufacturers notify the public of the recall through other means, such as advertisements or posters at the point-of-purchase. The goal is to make as many consumers as possible aware of the issue. It is not, however, the manufacturer’s duty to individually make sure everyone who purchased the vehicle in question has heard about the recall. For this reason, it’s important to check recall databases yourself to make sure your vehicle isn’t part of a recall announcement that you missed. The NHTSA’s website has a VIN search feature that can tell if your vehicle has any recalls.

Your Dallas Vehicle Recall Lawyers

Some of the most infamous vehicle recalls have involved General Motors for a rapid acceleration motor problem, Ford for a park-to-reverse transmission defect, Ford again for faulty cruise control deactivation switches, Bridgestone-Firestone for tire defects, and Toyota for stuck gas pedals. Many ongoing lawsuits and class actions currently involve defective vehicle parts and recalls. To find out if you have grounds for a lawsuit, speak with an attorney at the Law Firm of Aaron A. Herbert, P.C. Call (214) 200-4878 to schedule your free consultation in Dallas.

Posted by Aaron Herbert at 11:28 am

Dallas Tire Defects Attorney

Friday, April 20, 2018

Defective tires can cause blowouts and flats that lead to serious and often deadly auto accidents. If a defective tire caused your recent crash in Dallas, talk to an attorney for free during a consultation at the Law Firm of Aaron A. Herbert, P.C. Our firm will help you understand Texas’ product liability laws and your rights as an injured consumer.

We can help you get the most for your claim through aggressive settlement negotiation and litigation. Aaron A. Herbert is one of less than 2% of attorneys in Texas board-certified in personal injury trial law. Let us help you seek justice from a careless or negligent manufacturing company and shed light on the dangers of vehicle defects.

What to Do After a Defective Tire Accident

Defective tires can go bald or wear down faster than regular tires. They can show premature signs of deterioration, such as excessively worn tread, uneven wear, blisters, or bubbles. Tire defects can make them more easily prone to flats or blowouts. Both can make the driver lose control of the vehicle and could even cause the car to flip. In the past, tire defects such as tread separation have led to lawsuits against major tire companies, including Goodyear, Dunlop, and Michelin.

After a car accident in Dallas, stay calm and call for help. You must notify the police of your crash if it caused injuries, death, or more than $1,000 in property damage. Calling the police can help you receive an official record of the crash, which can be especially helpful as evidence in a single-vehicle collision or rollover. If you have a tire blowout, the police will make note of this on your crash report. Take photographs of the scene of the accident, the vehicle(s) involved, and of the blown or flat tire. If the tread has come off and is in the road, take a photo of this as well.

Get medical attention for your injuries. Keep copies of all medical documents and hospital bills. Call your vehicle insurance company and file a claim. Stick only to the facts of the accident when speaking to your insurer or that of another driver. Do not speculate about or admit to fault for the crash. Tell the insurance company you want to talk to an attorney before agreeing to a settlement or giving a recorded statement. Then, contact us at the Law Firm of Aaron A. Herbert, P.C. We offer cost-free case evaluations to every client.

Why Hire a Product Liability Attorney in Dallas?

When you think about a product liability lawsuit, you might imagine a daunting courtroom with a judge and full jury. You might associate personal injury suits with lengthy and expensive legal processes. With the right attorney, a lawsuit doesn’t have to mean any of these things. It simply means standing up for your rights and fighting for financial compensation for the harms that a faulty vehicle part such as a defective tire caused you and your family. It means seeking justice in the face of a negligent, wanton, or criminal tire manufacturer.

Our team will start on your case right away, preserving evidence and analyzing your accident. We might consult vehicle recall lists, histories of similar accidents with the tire model, engineering experts, and others to get to the bottom of what caused your crash. If we suspect a defective tire, we know what steps to take to help prove your case. We can interview witnesses, get expert testimony, and take other steps to give your claim its best chance of a positive outcome. We can help you find out if a defective tire caused your accident.

Retaining Aaron A. Herbert or one of his associates can make the legal process easy on you during this difficult time. We can gather the appropriate documents and evidence, build a strong case against the tire manufacturer or other defendant, and take care of all the paperwork involved in filing your lawsuit. We’ll make sure you don’t miss Texas’ two-year filing deadline for product liability claims or other important filing requirements. Most importantly, we’ll stand by your side every step of your journey to answer any questions or concerns you might have about your claim. Contact us today to learn more.

Posted by Aaron Herbert at 11:21 am

Defective Brake Systems

Friday, April 20, 2018

Brake failures and defective braking systems can be deadly. A vehicle’s brakes are often the only things preventing a collision. If the brakes fail at an important moment, the vehicle can continue moving and crash at high speed and could potentially even rollover, causing traumatic injuries.

The Law Firm of Aaron A. Herbert, P.C. is here for drivers in Dallas who suffer broken bones, brain injuries, spine injuries, internal injuries, or other damages due to brake failure in auto accidents. We can help identify whether the brakes had defects, and, if they did, who might be liable for damages.

What Might Cause Defective Brake Failure?

Brakes can fail for a number of reasons, from lack of proper maintenance to dangerous roadway conditions. Car accident victims in Dallas should always consult with an attorney after any type of brake-related crash, as they might have grounds to file a claim against the at-fault driver or other party.

When brakes fail due to a manufacturer defect, victims might have grounds to file product liability lawsuits. Three main types of product defects could result in brake failure:

  1. Design flaw. A design flaw might stem from the manufacturing company’s desire to save time or cut costs. The design of the brake system might use poor-quality parts, for example, or cut corners to save money. If brakes have design flaws, they can be inherently dangerous to consumers even if no manufacturing errors occur. Brake systems that overheat, crack, leak, or fail are examples of defective designs. It is the company’s legal responsibility to thoroughly test brake designs to make sure they meet accepted safety and performance standards.
  2. Manufacturing error. Sometimes the design of the brakes is sound, but a mistake occurs during manufacture that compromises the integrity of the product. A manufacturing error such as accidentally missing a component or improperly installing discs or other pieces could cause brake failure down the road. Companies can avoid manufacturing errors by adhering to strict factory protocols and standards for properly manufactured products with consistency.
  3. Marketing mistake. This type of defect is less common with brake failure claims but could still be relevant to product liability lawsuits. A marketing mistake occurs when the manufacturing company fails to issue warnings, labels, or instructions regarding a known risk that might not be obvious to consumers. For example, failing to include instructions not to install the brakes a certain way for fear of hydraulic line leaks could be a brake defect that results in manufacturer liability.

If the brakes on your vehicle or the vehicle that struck you contained one of these defects, odds are you have a strict product liability lawsuit on your hands. Texas’ strict product liability laws hold that an injured consumer does not have to prove the defendant’s negligence or breach of duty if the plaintiff can show that the item had a defect and that the defect caused the injuries. Strict liability laws aim to make it easier on consumers to seek retribution from manufacturing companies when it would otherwise be difficult or impossible to prove negligence.

Call (214) 200-4878 For Free Brake Failure Legal Consultation

When brake failure causes an auto accident, victims should always question whether the brakes were sound and met auto manufacturing standards. A conversation with one of our Dallas attorneys can give you information about brake system recalls, manufacturer negligence, and state product liability laws. You could discover that you’re eligible to file a claim to recover your medical costs, lost wages, pain and suffering, and other damages. To learn more about your unique case, call (214) 200-4878 or contact us online. Initial case evaluations are always free.

Posted by Aaron Herbert at 10:45 am

Vehicle Fires

Thursday, April 19, 2018

A car fire can result from almost any type of collision, but sometimes it’s not the accident at all that sparks the flames. Sometimes it’s a design flaw or manufacturing defect in the vehicle’s electrical system that causes the fire. Car fires can cause traumatic injuries such as severe burns and amputations, as well as wrongful death. Find out if you have grounds to bring a claim against a vehicle manufacturer for a car fire that caused your injuries or a loved one’s death in Dallas.

The vehicle defect lawyers at the Law Firm of Aaron A. Herbert, P.C. have years of experience handling complex claims against vehicle manufacturing companies. Our Dallas firm has gone up against major multinational companies in pursuit of compensation for our clients’ serious and debilitating injuries, including burns from car fires due to electrical defects. If you need legal assistance with your claim, speak with one of our attorneys today.

About Electrical Component Defects in Vehicles

Statistics gathered from 1995 to 2015 show that electrical problems were the fourth-most common type of vehicle defect, responsible for about 8.2% of all vehicle recalls. Electrical issues have become more common as high-tech vehicles hit the market, but that does not excuse manufacturers for creating cars with faulty and defective systems.

Manufacturers should take due care to design, produce, and distribute vehicles with safe and effective electrical systems. Otherwise preventable accidents, car fires, and even explosions could ensue. The following are some types of electrical defects that could cause car fires:

  • Defective, exposed, or loose electrical wiring
  • Bad battery cables or loose battery connection
  • Defective car battery
  • Missing or defective electrical fuses
  • Defective starters or ignition switches
  • Electrical system that’s prone to corrosion
  • Cracked or loose alternator belts
  • Defective spark plugs

Electrical defects can cause lights to flicker or malfunction. “Lights” was the number one type of vehicle defect on Statista’s list with 22%. Malfunctioning vehicle lights can leave drivers abruptly without headlights or brake lights, causing accidents. They can also cause sudden engine failure, disabled safety systems, burnt components, smoke, and fires. Manufacturers can cause electrical defects through design flaws, poor-quality parts, improper installation, and failure to properly test the safety of the system.

When Should You Hire an Attorney?

As the victim of a car fire, it’s your right to investigate whether an electrical defect is at the heart of your injuries. Do so with help from our Dallas attorneys. A product liability attorney can be a significant asset to you after any type of car accident, as he or she can investigate your crash and uncover evidence of defective or dangerous parts. Your lawyer can also negotiate higher insurance settlements on your behalf, as well as protect your rights in the face of insurance claims adjusters who may try to take advantage of crash victims. If you suffered catastrophic injuries or the death of a loved one in a car fire, however, retaining a lawyer is even more important.

Catastrophic injuries are those that inflict long-lasting harm on the victim, such as long-term or permanent pain, scarring, disfigurement, or disability. Burns from car fires are often catastrophic, causing third-degree burns and lifelong physical changes. Bad burns can require long hospital stays, surgeries, skin grafts, and lengthy recovery and rehabilitation times. The risk of infection is high with severe burns, as is the risk of amputation of infected or mangled limbs.

If this sounds like your recent injuries from a car fire, don’t hesitate to talk to our lawyers. Our initial client consultations are always free, so you have nothing to lose in getting our legal opinion. You could be eligible for significant compensation through a defective auto part product liability claim in Dallas. Call (214) 200-4878 to talk to an attorney today.

Posted by Aaron Herbert at 11:23 am

Takata Airbag Attorney

Thursday, April 19, 2018

An enormous Takata airbag recall is currently affecting more than 37 million vehicles. If you or a loved one has suffered harm from a Takata airbag deploying aggressively, exploding, or expelling metal shards, contact the Law Firm of Aaron A. Herbert, P.C. in Dallas. Our product liability attorneys have decades of experience handling defective auto part claims and can help you pursue maximum compensation for your injuries or the tragic death of a loved one.

About the Takata Airbag Recall

Currently, safety organizations estimate the number of defective Takata airbags at around 50 million. By December 2019, experts predict the total number of Takata airbags recalled to reach around 70 million. Takata, a major supplier of vehicle safety systems, created airbags that may explode when an accident triggers them, putting occupants at risk of serious injuries and death. The National Highway Traffic Safety Administration (NHTSA) issued a recall for Takata airbags on a national level back in 2014. Since then, many people have brought lawsuits against Takata for making faulty airbags and delaying a recall. These lawsuits allege the following:

  • Takata airbags use a volatile chemical called ammonium nitrate, which can cause the airbags to explode or deploy too aggressively.
  • The metal cartridge that inflates the airbag can cause the bag to inflate too quickly, rupture, and/or shoot metal shards.
  • Takata knew about the defective and dangerous airbags back in 2004 – years before it filed recall paperwork with federal organizations.
  • Takata failed to cooperate with the NHTSA on investigations into the airbag problem, possibly delaying a recall.
  • Takata denied and delayed the release of safety information that could have prevented motorist injuries and deaths.
  • Takata’s defective airbags have caused deaths and injuries worldwide that would not have happened were it not for the defect.

The defective Takata airbags could cause lacerations, puncture wounds, burns, bruises, or more severe injuries by exploding and shooting shrapnel into the cab of the vehicle upon impact. So far, faulty Takata airbags have taken 15 lives and injured more than 100 others. Some injuries have been catastrophic, with metal shards exploding from the airbags and piercing victims’ necks and faces. If you’re one of the victims of a defective airbag, arm yourself with an experienced attorney.

Join a Takata Lawsuit

Those in the auto industry have referred to Takata’s defective airbags as “live bombs waiting to go off.” In 2017, Takata pleaded guilty to criminal misconduct under the prosecutor of the U.S. Department of Justice. Of the $1 billion settlement that resulted, $125 million will go toward compensating the victims. Victims are continuing to bring lawsuits against Takata for airbag-related harms in the form of individual lawsuits and class actions. You might be able to receive your own settlement or verdict with help from our lawyers.

Since Takata pleaded guilty to misconduct, it can be easier to prove product liability lawsuits against the company. While a guilty criminal verdict doesn’t automatically mean proof of guilt in the civil courts, plaintiffs can use this information as evidence against Takata. Other successful lawsuits for the same or similar harms can also help a case against Takata to succeed. Working with experienced personal injury attorneys can give you an edge in the courtroom. You’ll have someone standing up for your rights and making your voice heard.

At the Law Firm of Aaron A. Herbert, P.C., you’re not just a number. You’re a real person suffering serious ramifications because of Takata’s criminal misconduct. We will provide legal services with a strategy tailored toward your specific needs and goals for your claim. We operate on a contingency-fee basis, so you don’t pay a dime unless we win. Learn more about the ongoing Takata airbag recall and lawsuits at (214) 200-4878 or schedule a free consult online.

Posted by Aaron Herbert at 11:16 am

Seat Back Failure Attorney in Dallas

Thursday, April 19, 2018

The experienced legal team at the Law Firm of Aaron A. Herbert, P.C. can help you and your family with a seat back failure claim in Dallas, Texas. We understand Texas product liability laws and can quickly and efficiently file your claim. Our team will work tirelessly to secure the best compensation possible for your accident-related hospital bills, missed wages, and pain and suffering. Count on us for reliable, personalized legal services in Dallas.

About Seat Back Failures

Rear-end collisions often result in driver injuries such as whiplash or concussions. What most people don’t expect is for a rear impact to seriously or fatally injure someone riding in the back seat. The back seat should be the safest place for children to sit in a vehicle. Unfortunately, an auto defect known as “seat back failure” is endangering the lives of backseat riders (mostly children) by launching front-seat passengers into the back. Our lawyers are passionate about helping the injured seek justice for auto defects such as seat back failures and want to hear from you about your recent accident.

If your loved one recently suffered a serious or fatal injury because of seat back failure, you might think this is a relatively new problem. Otherwise, vehicle manufacturing companies would have fixed it by now – right? Sadly, the truth is that major car manufacturers such as GM and Chrysler knew about the risks of weak seat backs all the way back to the late 1960s. The auto industry kept the issue quiet to avoid having to pay more money for safer vehicle design and defect repairs – despite the fact that the defect would only take a few dollars per vehicle to repair.

The auto industry trying to save money has led to thousands of preventable deaths and injuries. Seat back failures can injure and kill not only passengers sitting in the back seat but the driver as well. Drivers can suffer severe spinal cord injuries when they strike the back seat that result in loss of movement and sensation in some or all limbs. Spine injuries are generally permanent. Most experts agree that seat back failures are completely preventable. Vehicle manufacturers are aware of the problem and know how to fix it but doing so would cut into the profitability of the industry.

How to Bring a Lawsuit for Seat Back Failure in Dallas

Today, injured parties and the loved ones of the wrongfully deceased (mostly parents filing claims on behalf of fatally injured children) are bringing lawsuits against major vehicle manufacturers in pursuit of justice and monetary recovery. Lawsuits have come on the basis of strict liability, breach of warranty, and negligence. Texas’ strict liability laws state that a product manufacturer will be strictly liable for injuries product defects cause. This means that the victims do not have to prove the company’s negligence to be eligible for compensation.

A breach of warranty lawsuit is on the grounds that the manufacturer or distributor failed to fulfill the terms of a claim or representation it made regarding the product. For example, if GM represented its seats as sturdy in the event of a crash, people injured in seat back failure incidents could bring a suit on the grounds that GM misrepresented the seats and thus breached a warranty. A seat back failure negligence claim would require the victim to prove that the defendant owed him/her a duty of care, breached this duty, and that the breach caused the injuries.

If you believe you have grounds to file a claim seeking damages for your seat back failure injuries, contact our attorneys. We have decades of experience handling a variety of auto defect claims in Texas and want to help you seek justice as well. Call (214) 200-4878 to schedule your free consultation today.

Posted by Aaron Herbert at 11:12 am

Roof Collapse or Crush Injuries in Dallas

Thursday, April 19, 2018

If a vehicle rolls over, the roof of the car alone protects occupants from the crushing weight of the car. The metal roof should have a strong support system that prevents it from folding or crunching in the event of a rollover – acting like a shell to protect those inside from serious injuries should the vehicle turn over.

A poorly designed roof, or one with a manufacturing defect, might not perform as it should, resulting in severe or deadly occupant injuries.

If your roof collapsed and exacerbated your accident-related injuries, you might have a product liability lawsuit on your hands. In these scenarios, victims and their loves ones should contact us to discuss potential legal opportunities. We can help you go up against major vehicle manufacturers in Texas in pursuit of maximum compensation. Aaron A. Herbert and his team of experienced product liability attorneys can get to the bottom of your recent car accident case and resultant injuries.

Why Do Roof Collapses Happen?

Rollovers are generally serious accidents, but they do not have to be fatal. The structural integrity of the roof can go a long way toward protecting a driver and his/her passengers. If roof pillars collapse during a rollover accident, it can result in incapacitating and fatal injuries. Roof pillars should not collapse unless the vehicle has a design or manufacturing defect that impacted the roof’s performance. Safe roof systems adhere to federal standards, with pillars, roof cages, and outer shells that don’t buckle or compress in crash scenarios.

Vehicle manufacturers must adhere to strict federal and state laws when designing, manufacturing, and distributing vehicles and auto parts. These standards include running thorough tests to ensure all vehicle components perform as they should according to high industry standards. Mechanical engineers must design roof structures, systems, and support columns to withstand a force of at least one and half times the weight of the vehicle (for vehicles under 6,000 pounds). If the roof crushes more than five inches downward in a rollover, it fails the test and needs reworking.

Unfortunately, not all vehicle manufacturers adhere to federal safety standards. They might ignore the rules or cut corners to save money, resulting in unsafe vehicles. In other situations, manufacturers might do everything correctly yet still create a vehicle that suffers from roof collapse in an accident. In most cases, injured crash victims do not need to prove the manufacturer was negligent to qualify for compensation. Proving the roof had a defect and that this defect caused the injury is enough.

What to Do After a Roof Collapse Accident

Roof crushes in rollover accidents can cause debilitating injuries. If the roof supports collapse, the metal can crunch inward and injure or kill occupants inside. Common injuries in roof collapse incidents include crushed and broken bones, severe head and brain injuries, spinal cord injuries that can result in paralysis, traumatic amputations, and wrongful death.

If your family was in a rollover where the roof collapsed, don’t suffer in silence. Retain our experienced attorneys to have your voice heard in the Dallas civil court system.

Our lawyers know how to negotiate with insurance companies and other parties for fair settlements after catastrophic car accidents. If a defective roof design or manufacturer error contributed to your injuries, we can go up against the manufacturing company responsible and demand retribution. We can help you receive payment for your accident-related medical bills, pain and suffering, property damage, and lost wages.

It all starts with a free case evaluation at our Dallas location, where we’ll listen to your story, assess the merits of your claim, and give you an estimated value we believe your case could be worth. Call (214) 200-4878 to talk to an attorney today.

Posted by Aaron Herbert at 11:10 am

Faulty Vehicle Parts

Thursday, April 19, 2018

The Law Firm of Aaron A. Herbert, P.C. has one main mission: to fight for clients who have suffered personal injuries because of the wrongful conduct of others. This includes the conduct of vehicle manufacturers who release cars that are unreasonably dangerous due to faulty parts. Our lawyers will fight aggressively for the compensation you deserve after a defect-related car accident in Dallas.

A new car should literally be a well-oiled machine. To operate safely and effectively, all parts of a vehicle must work seamlessly together. Unfortunately, this isn’t always the case, even when a vehicle is fresh off the lot. Defective and dangerous vehicle parts can end up in the finished product due to design errors, manufacturing mistakes, and lack of proper safety testing. When vehicle manufacturers distribute vehicles with faulty parts, they put everyone on the road at risk.

Most Common Faulty Vehicle Parts

While any car part could contain a defect that ultimately causes an accident or injuries, there have been a few common culprits. Learning about the most common fault parts can help you identify whether your recent crash or injuries might have stemmed from a defective product. If so, you could be eligible for compensation through a product liability claim in Dallas. The following are vehicle parts often involved in faulty product lawsuits:

Faulty parts have caused thousands of accidents, injuries, and deaths over the years. In 2015 alone, vehicle part issues caused an estimated 44,000 car accidents. Not all of these were defective parts, but too many were in an industry that should prioritize consumer safety. Vehicle manufacturers know what steps to take, protocols to follow, and standards to obey to create safe products. Failure to do so to save money or for any other reason is negligence.

Do You Have Grounds for a Faulty Vehicle Part Product Liability Lawsuit?

Lawsuits against vehicle manufacturers or distributors typically take the form of product liability claims in Texas. A product liability claim aims to hold a product manufacturer legally responsible for allowing a defective product to reach the hands of consumers. The law in Texas permits injured consumers to take legal action against manufacturing companies in pursuit of financial recovery for all defect-related harm. To have the grounds for recovery, you must show the following elements:

  1. You used the vehicle as intended.
  2. The vehicle was in the same state as it left the manufacturer or distributor.
  3. The vehicle contained a faulty or defective part.
  4. The faulty part caused your accident and resultant injuries or damages.

A consumer’s misuse of a product could bar him or her from recovery or result in comparative fault. As long as you were less than 51% at fault, however, you could still qualify for compensation in Texas. The vehicle also must not have alterations that might have contributed to the accident. The attorneys at the Law Firm of Aaron A. Herbert, P.C. have years of experience handling product liability claims and can help you with your burden of proof during a lawsuit in Dallas.

Contact Us for a Free Consultation

Our lawyers have secured impressive results and excellent testimonials from clients thanks to their open and honest communication, personalized attention, and dedication to justice. We can help you get to the bottom of your recent Dallas car accident and find out if a faulty vehicle part caused or contributed to your injuries.

If so, we can file a claim on your behalf within the state’s strict statute of limitations. Trust us with your claim and experience the Aaron A. Herbert difference. Contact us online or call (214) 200-4878 to learn more during a free case evaluation.

Posted by Aaron Herbert at 11:00 am

Defective Seat Belt Attorney Dallas

Thursday, April 19, 2018

If you or a loved one has suffered an injury due to a defective seatbelt, talk to the local Dallas attorneys at the Law Firm of Aaron A. Herbert, P.C. We will discuss your rights, the duties of the manufacturing company, and what your case could be worth. If your injuries were caused by a defective seatbelt, you have the right to pursue a legal claim against the seatbelt manufacturing company. Our lawyers can help you with the filing process. Our aggressive litigation could be what you need to secure the highest possible compensation.

Why Do Some Vehicles Have Defective Seat Belts?

Wearing a seatbelt is usually one of the safest choices drivers and passengers can make as one of the most effective ways to reduce the risk of injuries and death in a car accident. Unfortunately, seat belts don’t always work according to accepted standards. While a working seatbelt can reduce the risk of accident-related injuries and deaths by about 50%, a defective seatbelt might not protect an occupant at all. Airbags work in conjunction with seat belts. Airbags are not substitutes for seat belts and won’t always safeguard from injury alone.

Ensuring seat belts perform as desired is crucial for the safety of consumers. Seat belt and vehicle manufacturers must take the utmost care to design, create, and install the safest seatbelt systems possible. They must obey national safety standards and safety-test their equipment thoroughly before allowing the product to reach the hands of drivers. If a defective seatbelt does slip through inspections and end up in a consumer’s vehicle, the results in the event of an accident can be devastating.

Over the years, defective seat belts have caused and contributed to thousands of serious injuries and deaths. One of the most severe outcomes that could arise from a seat belt failure is a spinal cord injury. The spine may sustain an injury if a seat belt doesn’t sit right across the body or comes unsnapped in a collision. Other injuries from seatbelt failure can include traumatic brain injury, broken bones, contusions, and internal bleeding. Whether a manufacturing company was negligent or not, it could face liability for injuries that stem from a seatbelt defect or malfunction in Texas.

What to Do About Defective Seat belt Injuries

A defective seatbelt can turn a minor auto accident into a catastrophic collision. In designing vehicles, manufacturers know the importance of adequate safety features. Failure to design and produce vehicles that are crashworthy can result in a product liability lawsuit. In Texas, accident victims have two years to file a claim against a seatbelt or vehicle manufacturer. The statute of repose on these claims is 15 years. The sooner you talk to an attorney about your claim, the better.

Product liability claims that involve manufacturing defects, design flaws, or marketing mistakes typically do not require the victim to prove negligence. This is good news for you, as it could remove the burden of proof from your shoulders. Instead, your attorney will simply have to prove that the seatbelt contained a defect, and that this defect caused or exacerbated your injuries in a car accident. Retain a lawyer to learn all the Texas product liability laws that could work in your favor.

Our Dallas personal injury lawyers don’t believe injured accident victims should suffer in silence. We help clients take a stand against negligent vehicle manufacturers in pursuit of compensation. You don’t have to fight this battle alone. Our lawyers have the skill and experience to go up against major corporations on behalf of their clients.

When you partner with us, you can recover from your injuries with peace of mind knowing that we have everything taken care of. Start with your free consultation with one of our Dallas lawyers. Call (214) 200-4878 to schedule yours.

Posted by Aaron Herbert at 10:50 am

Burn Classification and Treatment

Wednesday, April 18, 2018

Burns are painful injuries that leave long-lasting effects such as scars, nerve damage, and disfigurement. Most people associate burns with fire, but there are actually several types of burns, and medical professionals use a degree scale to classify the burns they treat. It’s important to understand the different types of burns and how they happen to prevent injuries to yourself and others.

Thermal Burns

The most common type of burn is a heat burn or thermal burn. This type of burn occurs when a person comes into contact with a hot surface, boiling liquid, open flame, or explosion. Some common examples of thermal burns include touching a hot stove burner, spilling hot tea on exposed skin, or suffering a burn from a flare-up on a gas grill.

Electrical Burns

High-voltage electrical discharges can cause severe burns as well as a host of other medical issues. The human body conducts electricity, so people are vulnerable to electrocution and electrical burns. Exposure to electrical currents can also cause severe nerve damage, interfere with the rhythm of the victim’s heartbeat, and cause other neurological problems.

Chemical Burns

A chemical burn occurs when a person comes into contact with corrosive or toxic substances. An example would include touching wet concrete, which can cause severe burns if it remains on the skin for too long. Breathing in corrosive gasses can also cause burns in the respiratory tract and esophagus, and some inhaled chemicals can cause brain damage.

Radiation Burns

Exposure to dangerous radiation can burn the skin and increase the risk of developing certain cancers. Sunburn occurs from overexposure to the sun’s rays and is the most common type of radiation burn. Most people experience this type of burn at least once in their lifetimes. The sun emits ultraviolet rays that can burn the skin, cause eye damage, and increase the risk of skin cancer over time.

Treating Burns

Doctors and medical professionals use a degree scale to classify burns. A first-degree burn is the least severe and a victim can generally treat such a burn at home with over-the-counter first aid supplies, such as burn ointment and bandages. Most people can also treat mild sunburn at home using aloe-based ointments and over-the-counter pain medication such as ibuprofen. However, a first-degree burn in a sensitive area of the body or one that covers more than 10% of the surface area of the skin should receive medical attention.
Second-degree burns are more severe, penetrate more deeply through the skin, and have a high potential for scarring. Third-degree burns penetrate completely through the skin and are medical emergencies. Chemical burns and electrical burns almost always require medical attention due to the high chances of secondary issues such as respiratory problems, neurological interference, and altered heart rate.

Long-Term Medical Issues from Burns

Most severe burns carry a high potential for scarring and long-term damage. Scar tissue in certain areas of the body, such as the joints, can limit range of motion or cause discomfort when moving. Scar tissue doesn’t have the same elasticity as healthy skin, and a burn victim will notice as he or she moves the affected part of the body, the scarred skin tugs on the healthy skin surrounding it, causing itching, discomfort, and pain.
People who suffer severe burns must often undergo multiple skin-grafting surgeries and other restorative procedures to correct function in the affected parts of the body. Scars can also be emotionally devastating, and many burn victims experience psychological trauma as well as physical issues. It’s vital to understand how to tell the difference between a burn that is treatable at home and one that demands medical attention.

Posted by Aaron Herbert at 2:48 pm

Finding a Safe and Appropriate Toy for My Child

Wednesday, April 11, 2018

Today’s children have more choices for entertainment than any other generation in history, and parents can easily feel overwhelmed at the sheer number of kids’ toys available. It’s vital for parents to carefully consider their choices to find safe and age-appropriate toys for their kids. Some toys are only acceptable for older children, while specially designed toys are safe for infants and toddlers. Parents must take age recommendations into account when purchasing toys for their children, as well as a few other factors.

Tips for Young Children’s Toys

Parents should look for age recommendations when shopping for children’s toys. For example, a toy manufacturer may list a stuffed bear as acceptable for ages 6 months and up, while a building set with small parts may have an age range of 3 years and up. These are important guidelines, because certain toys can pose a risk to younger children, particularly when it comes to choking hazards.
Many older children’s toys like LEGO sets, action figures, and dollhouses include small parts that are dangerous for infants and toddlers. It’s important for families with children of varying ages to keep the toys separate. Babies and toddlers are naturally curious, and toddlers have a habit of putting everything they can find into their mouths, so choking is a very real danger for many kids’ toys. A good rule of thumb: Start with larger toys and move to smaller toys as the child grows older.
Check product reviews before purchasing any toys. Most parents are critical of children’s products, so you are sure to find a wealth of product reviews online for any given child’s toy. Check the manufacturer’s website for product ratings and be sure to do an internet search for reviews on third-party sites such as Google and Amazon. Read the reviews carefully to see if parents with children around your child’s age had anything to say about a particular toy. Age-appropriate toys are important, but quality also matters. Poorly made toys that break and don’t hold up to wear and tear can injure children.

Toys for Older Children

Children about 10 years or older will generally prefer more complex toys than younger kids, and parents should carefully review these toys before purchasing them. For example, chemistry sets or any play sets that involve mixing chemicals or making food could include toxic substances or heat sources that can cause serious burns. Make sure that any such toys you buy for a child do not include flammable or corrosive substances.
Older kids also tend to prefer electronic toys, and parents should make sure they only buy high-quality products. Make sure any electronic game system, tablet, or other electronic device is a legitimate product with UL approval, meaning the product meets acceptable safety standards for electronics. “Knockoff” or counterfeit electronics are common and parents should avoid them. Cheaply made imitations of larger manufacturers’ products generally don’t meet the same levels of quality and safety as the originals.
Ultimately, parents need to take the ages of their children into account as well as their children’s ability to understand how to play with toys appropriately. It’s also vital to consider the child’s changing interests and needs at various stages of growth. Do your research before making a purchase, supervise your child while playing, and be sure your child understands how a toy works to have the best chances of avoiding injuries.

Posted by Aaron Herbert at 4:04 pm

Bicycle Safety Tips

Tuesday, April 10, 2018

Bicycles are responsible for more injuries than skateboards, trampolines, playground equipment, and swimming pools combined across all age groups, according to significant findings from a 2015 report by the National Safety Council. According to this study, nearly half a million people received treatment in emergency rooms for bicycle-related injuries. For comparison, this number is significantly higher than the number of injuries sustained playing football, at 399,873.
The report noted that 1,100 cyclists lost their lives in accidents involving motor vehicles in 2015. There are more than 80 million bike riders around the country, all at risk of injury. Fortunately, there are a few simple ways you can remain safe on the road. Follow these bicycle safety tips to reduce your risk of injury.

Wear a Helmet

The importance of this simple safety tip cannot be overstated. While most people know that wearing helmets is the safest option, they don’t know how much of a difference it makes – according to the National Safety Council, cyclists who don a helmet reduce their risks of injury by 60% and a traumatic brain injury by 58%. Bicyclists who lose control or collide with an object are most likely to fly forward and contact with the ground at high speeds can prove devastating, even fatal.
For maximum safety, choose a helmet that meets minimum federal safety standards. Always wear a helmet snugly with the strap flush with your chin.

Follow the Rules of the Road

Motorists and bicyclists have an implicit duty to “share the road.” Motorists must provide a safe passing distance and be aware of bicyclists, but cyclists also must follow the rules of the road. If you routinely take the same route, become acquainted with local traffic laws and ride single file in the direction of traffic.
Cyclists are most vulnerable at intersections, so use extra caution in these areas. Look to the right, to the left, and over the shoulder before crossing or entering traffic. Use appropriate hand signals when turning and be aware of hazards like opening car doors.

Equip Your Bike

Make sure your bike has proper safety features like reflectors. At minimum, your bike should have them on the front, rear, pedals, and spokes. Attach a rear-view mirror for enhanced visibility and use a horn or bell to alert drivers to your presence.

Suit Up

If you’re biking in traffic, dress for the occasion. Wear bright or reflective clothing that makes you visible to drivers. Avoid biking at night if possible, but if you must ride at night, all your clothing should be reflective.

Be Aware of Common Hazards

Some bicycle accidents are more common than others. In an urban environment, a common scenario called a “right hook,” occurs when a cyclist travels in the same direction as a vehicle, and the motorist turns to the right and into a cyclist’s path. This is most common at intersections, by highway entrance and exit ramps, and driveways. Mitigate your risk of injury by glancing over your left shoulder frequently and using exaggerated hand signals to make your intentions known to other drivers.
Another common hazard is car doors – specifically, a vehicle door opening and striking someone when a motorist exits his or her car. The best way to avoid this risk is to assume that every door in your path will open. Leave a door-sized space between you and the side of the road when passing parked or stopped cars.
Bicycling can be a wonderful way to commute while getting a little exercise, but it’s not without its dangers. Observe these basic safety tips to reduce your risk of injury.

Posted by Aaron Herbert at 2:29 pm

How to Stay Safe in Extreme Heat

Tuesday, April 10, 2018

Spring is on the horizon, which means sweltering temperatures will once more prevail in the Texas area. Extreme heat can be dangerous, especially to populations such as young children and the elderly. Prolonged exposure to hot temperature can cause dehydration, fatigue, and a deadly condition called heat stroke. Fortunately, there are a few simple steps you can take to stay safe, even on the hottest of Texas spring and summer days:

Drink Up

One of the simplest ways to reduce your risk of heat stroke is by drinking plenty of water. Aim for at least 64 ounces a day – the equivalent of eight glasses. If you work outdoors, you might need more to replace the fluids you lose through perspiration. Electrolyte drinks such as Gatorade can also help replace important nutrients you may lose working outside.
Fluids are important; but so is their quality. Avoid sugar-laden sodas and other beverages with caffeine. These drinks act as diuretics and cause you to lose water, not replace it. Stick to refreshing iced water and consider adding a lemon or other fresh fruit for taste if desired.

Take Breaks

If you work outside, try to schedule most of your activities for the cooler times of day. Temperatures are generally hottest between 10 am and 4 pm, so try to complete any outdoor work in the early morning or evening hours.
If you must work during the hottest part of the day, seek shade whenever possible. Use umbrellas, canopies, or any other device that can limit your exposure to the sun. Wear clothing with UV protection if possible and load up on the heavy-duty sunblock.

Know the Signs of Heat-Related Illness

There are several kinds of heat-related illness that can lead to dangerous consequences. Here are some of the most common:

  • Heat rash. This is skin irritation that’s triggered by sweating. You may have heat rash if you notice red clusters of blisters on your body. Though not life threatening, heat rash can be uncomfortable and is a sure sign that you need a break from the heat.
  • Heat cramps. These are painful cramps that result from imbalanced electrolytes, usually due to excessive sweating. You may notice pain or spasms in the arms, legs, or abdomen.
  • Heat exhaustion. This heat-related condition is your body’s response to dehydration. You may notice weakness or fatigue, dizziness, difficulty concentrating, muscle cramps, flushed skin, excessive sweating, or clamminess.
  • Heat stroke. The most serious of the heat-related illnesses, a heat stroke occurs when the body stops sweating and your internal body temperature rises. Symptoms include redness in the absence of sweating, a rapid pulse, chills, slurred speech, mental confusion, and a high body temperature. This is a life-threatening emergency that requires immediate medical attention.

If you notice any signs of heat-related illness, stop what you’re doing and go indoors. Drink cool water, but not too fast. If you or someone you know exhibits signs of heat stroke, call emergency medical services, or take them to the nearest emergency room.
If you routinely work in extreme heat, pace yourself. Take frequent breaks, seek shade, and drink plenty of water and other electrolyte-balancing fluids. Avoid sugary liquids and carbonated drinks. Wear light reflective clothing with SPF protection if possible and be aware of any signs of heat-related illness. Do whatever it takes to avoid being in direct sun for prolonged periods of time.
The Texas summer swelter will be here before you know it. Working in our extreme heat can be dangerous, but there are a few simple ways you can enhance your safety. Follow these tips for a safe and healthy summer.

Posted by Aaron Herbert at 10:32 am

Safety Tips for Hunting in Texas

Monday, April 9, 2018

There are an average of 20 hunting accidents in Texas each year, according to the Texas Parks and Wildlife Department (TPWD). While the majority of these are not fatal, hunting accidents can lead to serious or debilitating injury. These accidents are also not exclusive to novice or amateur hunters. Per the TPWD:

  • Many shooters involved in hunting accidents have not been drinking.
  • Most hunters have plenty of hunting experience.
  • Most hunting accidents involve people over the age of 40.

Even experienced hunters can reduce their risk of injury while enjoying their pastime. Observe some simple safety tips from a Dallas personal injury lawyer before packing up for your next hunt.

Take a Hunter Safety Training Class

The majority of hunting accidents occur with experienced hunters, but the Texas Parks and Wildlife Department also notes that most people who sustain injuries on a hunting trip did not have specific safety training. You can take an online safety course through the TWPD website, where you’ll learn basics such as what to wear, when to hunt, and how to communicate with others in your party.

Practice Smart Firearm Safety

Controlling your weapon is one of the simplest ways to avoid injury to others. For example:

  • Point the muzzle in a safe direction. Never point at anything you don’t intend to shoot, and never use your foot as a resting spot. Leave your finger off the trigger until you’re ready to fire and keep the safety on when not actively shooting. Treat your firearm or bow as if it’s loaded or nocked and ready to fire, even when it’s not.
  • Properly identify your target and surrounding area. Before raising your firearm to take a shot, use binoculars to identify what else is around before using your scope. Never shoot at an animal positioned at the top of a hill or ridge, as there’s no way to identify what’s on the other side.
  • Unload your weapons when not in use and store them properly in cases when traveling. Always store ammunition and firearms separately, under lock and key.

Practice Proper Etiquette

Whether you’re shooting on a range or in a field, know your safety zone and stick to it. Be aware of your companion’s position and never swing your gun or bow outside of your safety zone. Encourage your hunting party to wear fluorescent orange, so you and your companions are visible to one another, even under heavy cover or at a great distance.
Never drink while on a hunting trip. Alcohol inhibits your physical and mental functions, slows your reaction time, and puts your entire hunting party in danger. It can also affect your ability to control your emotions, which could lead to dangerous consequences. Save your celebrations for after your hunt.

Wear Proper Protective Gear

If you’re shooting at the range, make sure you’re wearing both ear and eye protection, as exploding shells can cause hearing loss or eye damage from burnt powder or flying debris. When shooting in a field or out on a trip, always wear your safety glasses, but don’t use hearing protection, as you must be aware of your surroundings.
The majority of hunting accidents are preventable. It doesn’t matter if you’re a novice shooter or a seasoned pro, there are still steps you can take to assure your safety. Always wear appropriate safety gear and outline basic rules with your party before leaving on a trip. Treat your firearm as if it’s loaded and ready to shoot at all times, and never drink alcohol or use drugs on a trip. By observing these basic safety tips, you can reduce your risk of injury while hunting and make the experience safer for everyone in your party.

Posted by Aaron Herbert at 2:14 pm

Common Water Slide Injuries and the Question of Liability

Wednesday, April 4, 2018

Water parks, amusement parks, and other attraction-based businesses can common places family spend time during the summer months. These organizations have a legal obligation to prevent injuries to attendees. Depending on how a water park injury happens, one or more parties may absorb liability for the victim’s damages. You should understand liability before you and your family head to the water park this summer in case anyone happens to suffer an injury while riding a water slide.

When the Park Is Liable

A water park or amusement park is liable for an attendee’s injuries if they happened on one of its water slides. The park may also absorb liability due to the actions of its employees. For example, if a ride attendant fails to instruct a child how to go down a water slide correctly and the child suffers a serious cut as a result, the water park may be liable for that injury. The water park is liable for the child’s injury in this situation because of a park employee’s negligence. Management is responsible for ensuring park employees understand their roles prior to opening the park.
An amusement park will also face liability for injuries that occur to visitors due to poor upkeep. Like all equipment, water slides degrade over time, and parks must diligently inspect, repair, and replace all of their slides and other attractions in a timely manner. Catastrophic damage may happen if a water slide or other attraction falls into disrepair. Deep cuts, broken bones, traumatic brain injuries, spinal injuries, and drowning are all possible results of a defunct water park attraction.

Product Liability

A defective ride may be to blame for an attendee’s injuries. If a product manufacturer released a defective product, the injured party can file a product liability claim against the manufacturer. A plaintiff in a product liability lawsuit does not necessarily need to prove the manufacturer was negligent: The plaintiff must simply show the court the product in question was defective and the defect caused the plaintiff’s damages. A manufactured product can be defective by design, by assembly, or by inaccurate marketing.

Individual Liability

Some water slide injuries occur outside of water parks. Homeowners who have pools with water slides need to ensure their guests are safe. This includes proper care and maintenance of the pool and any slides that could potentially cause injuries. A homeowner must also warn guests to the property about any known potential hazards with which they may come in contact.
Property owners do not owe the same courtesy to trespassers. That is, property owners have no obligation to make sure a trespasser does not suffer injuries while interloping on private property. If a trespasser slips near a pool and suffers a broken bone, the trespasser cannot file a lawsuit against the property owner because the trespasser was illegally present on private property. The same applies to water parks. A water park would not be liable for injuries to a trespasser who enters the park illegally after hours and suffers an injury.
A water slide injury can lead to expensive medical bills, missed time from work, and other costly damages for which a victim can claim through a personal injury lawsuit against the negligent party. Damages typically cover all of plaintiff’s harms resulting from an incident of negligence, and plaintiffs may also receive compensation for the physical pain and emotional suffering endured after a serious water slide injury. An experienced Dallas personal injury attorney is the best resource for navigating a water slide injury claim. He or she can assess your situation and explain your options for legal recourse after a water slide injury.

Posted by Aaron Herbert at 2:23 pm