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In an age where multitasking has become the norm, the dangers of distracted driving have never been more prevalent. Each year, thousands of lives are lost and countless others are injured due to drivers not giving their full attention to the road. In fact, distracted driving crashes have cost $98 billion in 2019 alone. While distractions can come in many forms, there are three primary culprits that stand out as the most common causes of distracted driving. Understanding these forms of distraction is crucial for promoting safer driving habits and reducing the risk of accidents on our roads.

Mobile Devices

From texting and browsing social media to making phone calls, the temptation to check our phones while driving can be irresistible. However, the consequences can be catastrophic. Taking your eyes off the road for just a few seconds to read or send a text can result in a serious accident. Despite widespread awareness campaigns and legislation aimed at curbing cellphone use while driving, the allure of our devices remains a significant threat on the road.

Inattention to the Road

Distraction isn’t always caused by external factors like smartphones; sometimes, it’s simply a matter of failing to focus on the task at hand. Daydreaming, zoning out, or letting your mind wander while driving can be just as dangerous as any other form of distraction. It only takes a split second of inattention for an accident to occur. Whether you’re lost in thought, preoccupied with personal issues, or simply not paying attention, failing to remain fully engaged with the road ahead puts you and others at risk.

Multitasking

In today’s fast-paced world, the pressure to juggle multiple tasks simultaneously is ever-present. However, when it comes to driving, multitasking is a recipe for disaster. Eating, drinking, grooming, adjusting the radio, or even conversing with passengers can all divert your attention away from the road. While these activities may seem harmless in isolation, they can significantly impair your ability to react quickly and make split-second decisions while driving. By attempting to multitask behind the wheel, you not only endanger yourself but also everyone else sharing the road with you.

So, what can be done to combat these forms of distracted driving? Awareness is key. Recognizing the dangers posed by mobile devices, inattention, and multitasking is the first step towards promoting safer driving habits. 

Additionally, education campaigns, stricter laws, and enforcement measures can help deter drivers from engaging in distracting behaviors. Ultimately, it’s up to each individual to prioritize safety and commit to giving their full attention to the road whenever they’re behind the wheel.

Call a Katy Car Wreck Lawyer for Help

If you’ve found yourself the victim of a car wreck caused by a distracted driver, it’s important to engage with a qualified lawyer to understand how best to proceed with your claim. Lawyer Scott Callahan is board-certified in personal injury trial law and has over 25 years of experience of handling cases where distracted driving has resulted in tragic consequences.

By understanding the risks associated with distracted driving and taking proactive steps to minimize distractions, we can all play a part in making our roads safer for everyone. Whether it’s putting down our phones, staying focused on the road ahead, or avoiding multitasking while driving, every effort counts towards preventing accidents and saving lives. Let’s pledge to drive with care, consideration, and undivided attention – because no text, call, or distraction is worth risking your life.

As anyone who has suffered serious injury knows, it is not easy and there are a lot of things to consider to move your life forward. Sometimes, despite being injured, we see people put medical treatment on the back burner, stress about medical bills, struggle to take off work, or not going for treatment altogether. We’re here to talk about why treatment is so important not only for your health and recovery, but why it is critical to your personal injury claim.

Don’t Delay, Seek Medical Treatment Right Away

After you’ve been injured, it’s important to seek medical care right away. Especially if you did not go to the emergency room or get immediate medical attention on the scene, do not wait days, weeks, or months to go for your first appointment after your injury. A large gap in time between the accident and seeking treatment can incorrectly lead the insurance company to think your injuries are not serious or that your claim lacks credibility. They could low-ball the amount they offer for your claim, or even deny compensation altogether.

Medical Records for Your Treatment Are Key

In addition to medical records, things like treatment plans, test results, hospital bills and any other documentation related to your treatment can help build a stronger claim. This is factual evidence to support the severity of your injuries and justify any long-term and ongoing medical treatment. Medical records can also help quantify financial losses, such as lost wages or out-of-pocket expenses one is likely to incur after a serious injury.

Medical records also serve as proof of consistent medical care which validate the severity of your injuries. These medical records are also essential for down the road should you decide to apply for Social Security disability benefits.

The Physician You Choose For Treatment Is Important

Though we encourage you to seek competent treatment of any kind following an accident or injury, the type of treatment you receive can matter in a personal injury claim. For example, an insurance company may give more weight or consideration to a claim with extensive specialist treatment over treatment with an alternative or holistic therapy provider. We know this might not always be possible given your finances or the availability of specialists in your area. However, we encourage you to seek treatment with a physician best suited to treat your injuries.

It’s also important you are comfortable with the physician treating your injuries. Make sure you are detailed in describing your pain and limitations, so the doctor can provide thorough documentation in your records and potentially be a strong ally in your personal injury claim.

Never Be Afraid to Seek a Second Opinion

If you feel it is too difficult to get appointments, or you feel your physician isn’t listening to you or acknowledging what you are saying, seek a second opinion! You want to be on the path to getting better and getting your life back, while also maximizing the amount rightfully owed to you in a personal injury claim. Thus, you want to treat with a physician who is very much on your side.

Seek a Free Legal Consultation from a Board-Certified Houston Personal Injury Attorney

Much like choosing the right physician, we encourage you to seek the appropriate Katy car accident lawyer to help you win your claim. We are here and available 24/7 at 713-888-9000 to provide a free and confidential consultation to get your case started. There are no fees until we win; and we are on your side every step of the way.

A Renewed Look at the Evidence in the Infamous Case

It has been nearly 30 years since the McDonald’s hot coffee lawsuit went to court, but interest in the case remains high. People around the world dismissed the lawsuit as “frivolous” and a prime example of runaway juries. A look at the facts of the case, however, tell a different story.

Despite what most people think, plaintiff Stella Liebeck, a 79-year-old grandmother, was not driving when the coffee spilled. She was a passenger in her grandson’s car. As the car was parked, she tried to hold the cup securely between her knees while removing the plastic lid. However, the drink tipped over, spilling scalding hot coffee all over her lap, according to the Texas Trial Lawyers Association.

Here is some of the evidence presented to the jury:

  1. McDonald’s Knowingly Sold Their Coffee at Scalding Hot Temperatures.

It was company specification to sell their coffee at temperatures of 180 to 190 degrees Fahrenheit.

  1. Liquid at These Temperatures Can Cause Third-Degree Burns in Seconds.

McDonald’s coffee, if spilled, causes full thickness burns (third-degree to the muscle/fatty tissue layer) in as little as two seconds.  According to the U.S. Consumer Product Safety Commission, an adult can suffer third-degree burns after being exposed to 150-degree water for two seconds.

  1. The Plaintiff Suffered Third-Degree Burns Across 16% of her Body.

Ms. Liebeck was hospitalized for eight days and had to undergo a variety of procedures including skin grafting and whirlpool treatment for debridement. She also suffered permanent scarring as a result of the burns, as well as disability for over two years.

  1. McDonald’s Knew About the Danger.

From 1982 to 1992, there were more than 700 reported claims to McDonald’s of people suffering severe injuries from their hot coffee, including burns to the genital area, perineum, inner thighs, and buttocks. It was not only adults that were injured, but also infants and children.

  1. McDonald’s Would Not Lower the Temperature

Despite knowing the risk of harm, McDonald’s testified – through its own witnesses – that it did not intend to turn down the heat and it did nothing to warn consumers about the dangers.

A quality-control manager testified that not only were consumers unaware of the risk, but that consumers would not anticipate such severe burns if coffee was spilled.

  1. McDonald’s Agreed That the Coffee Was “Not Fit for Consumption.”

At trial, the fast-food giant admitted that the drink was “not fit for consumption” as sold because of the scalding hot temperature and risk of injury to the consumer. The jury agreed, finding that the coffee was “unreasonably dangerous” and was sold in “breach of the implied warranty of fitness.”

  1. The Plaintiff Had Tried to Settle the Case for $20,000.

McDonald’s initially refused to settle the case. Eventually, a jury would award the plaintiff $200,000 in compensatory damages (reduced by 20% as she was found to be partially at fault for her injuries) and $2.7 million in punitive damages.

  1. A Judge Later Significantly Reduced the Punitive Damages.

Punitive damages were later reduced by a trial judge to $480,000; however, the parties agreed to a “post-verdict settlement.” The confidential agreement prevented further appeals, which could have taken years to resolve.

  1. McDonald’s Conduct Was Considered “Callous.”

The Court refused to grant McDonald’s request for a new trial.  The Judge found the chain’s conduct regarding the sale of scalding hot coffee and failure to warn customers about the risk of harm if spilled was callous. For ten years, McDonald’s had seen hundreds of reports of customers receiving third-degree burns after spilling coffee, but they did nothing. Injuries included burns to the “genital area, perineum, inner thighs, and buttocks.”

  1. The Plaintiff’s Burns Were Substantial.

According to Ms. Liebeck’s treating physician, the 79-year-old’s burns were some of the worst scald burns he had ever seen.

THE TRUTH ABOUT HEADLINE-MAKING LAWSUITS

News headlines often spin lawsuits as being frivolous or juries as runaway.  However, every case has its own facts and evidence serving as the basis for how a specific verdict or settlement is reached. The judge and jury are presented with all of the evidence, testimony, and law in a case. They are the fact-finders and decision-makers after weighing all of the evidence — evidence and facts that are often not known to the public or reported in news headlines.

The McDonald’s hot coffee case involved far more than what most people realize.  There are always two sides to a story and the McDonald’s jury heard both before reaching their verdict. And, ultimately, the case was instrumental in eventually changing how coffee is served, including improved lids, insulated sleeves, and safer temperatures for consumers.