September 2004

Why Are You Getting This Newsletter?

This free e-mail newsletter is sent to current and former clients of our law firm, to those who have specifically asked to receive it, and to those who have contacted our firm for legal advice in the past.

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Mothers Against Drunk Driving

MADD is dedicated to reducing or eliminating traffic injuries and deaths from drunk driving. You can help in this cause.

Go to MADD’s Issue Briefs to learn about the issues.

Visit MADD’s Action Center to make your voice heard on these issues.

MADD has more than 1500 trained victim advocates across the United States. If you or someone you know would like to talk with a counselor about a drunk driving crash, please call MADD at 1-800-GET-MADD.

Free Legal Advice?

Yes, at Kraft & Associates we are glad to provide our clients and friends with free information on a variety of subjects. If you want details about how to lower your automobile insurance rates, Texas Workers' Compensation law or Social Security Disability claims please call or write us and we will send you any of these brochures without charge or obligation.
 

 


  Suite 1300
  2777 Stemmons Freeway
  Dallas, TX 75207
  (214) 999-9999
  (817) 999-9999
  (800) 989-9999
 

 FOR THE RECORD


Vehicle Rollover Injuries and Deaths Continue to Occur


Van and SUV rollover cases have been in the news for so long that many people may assume the danger of these vehicles rolling over has been resolved. Unfortunately, that is not the case. Thousands of American citizens are killed or seriously injured every year in vehicle rollovers.

In an average year, crashes in which a vehicle rolls over account for more than half of all single-vehicle crash deaths. Vehicle rollover crashes are especially serious because they so often result in head injuries. Head trauma is the most frequent type of fatal and nonfatal injury in rollovers. The high fatality and injury rates in rollovers are due in part to the high percentage of rollover crashes in which passengers are ejected from their vehicles. Ejections account for more than 60 percent of all fatalities in rollover crashes, and often result in costly and debilitating head injuries. This is another reason you should wear your seatbelt every time you drive or ride in any vehicle. Make certain everyone else in the vehicle is wearing a seatbelt also. There is absolutely no excuse not to wear a seatbelt at all times when driving or riding in an automobile or truck.

These rollovers can be caused by defective tires, tire tread separation, defective design of the vehicle itself, or a combination of these and other factors. Trucks, vans and SUVs are especially dangerous, due to their increased height. Furthermore, since trucks, vans and SUVs are not classified as "passenger vehicles," they do not have to meet the same safety regulations as cars and station wagons.

Sport utility vehicles have the highest rate of deaths occurring in rollovers. Vehicles such as the Ford Explorer, Ford Bronco, Toyota 4 Runner, Isuzu Rodeo, and Honda Passport have been involved in many SUV rollovers that have resulted in serious injuries and death. SUV rollovers are almost three times more likely to occur than rollovers of the average passenger car, and government tests indicate the most stable SUV is still more unstable than the most unstable automobile. SUVs simply have specific design defects that make them more likely than other vehicles to roll over during a crash, and thus cause serious injury. However, other trucks and vans can be just as dangerous.

Fifteen-person passenger vans have an especially dubious safety history. Their side-impact protection and structural integrity in roll-overs has been questioned, and they are known to handle poorly when fully loaded. The extra weight of the passengers in a fully-loaded van moves the center of gravity higher and farther to the rear of the vehicle, making the van more difficult to control in emergency maneuvers.Our law firm frankly advises people not to ride in a fifteen-person van if there is any possible alternative. Serious injuries and deaths have been reported for these vans, among others:

● Ford: Econoline E-350, Club Wagon E350, Super Club Wagon

● Chevrolet: Express 3500

● Dodge: Ram Wagon B350, Van B3500, 3500 Van

● GMC: Savanna G3500, Vandura G3500

If you or a loved one has been injured in a vehicle rollover, please contact our law firm as soon as possible. We may be able to help you, but gaining access to the vehicle is critical. Do not wait! We must be able to secure the vehicle before other persons accidentally or purposefully alter vital parts of the vehicle, and before rain or other natural processes make it impossible to reconstruct the vehicle's exact condition at the instant of the collision.
 

 FOR YOUR INFORMATION

Social Security Disability Starter Kits

Our firm recommends that you retain a lawyer as early as possible in the Social Security disability claims process. However, if you are going to attempt to obtain disability benefits without the aid of a lawyer, we want you to be prepared.

The Social Security Administration has made available online a "Starter Kit" for people applying for benefits. This kit will help you get ready for your disability interview or online application. Kits are available for adults and for children under age 18.

The Starter Kits provide information about the specific documents and information that the Social Security Administration will request from you. The kits also provide general information about the disability programs and the decision-making process that can help take some of the mystery out of applying for disability benefits.

You can find the Starter Kits online by clicking here. Good luck to you in your claim for disability benefits. If we can assist you, please call us.

 FEATURED EMPLOYEE

Elizabeth SalinasClick for color photo
New Case Clerk

E-mail: lizs@kraftlaw.com

Ms. Salinas is a Dallas native who graduated from Sunset High School. Before joining our firm in 2003, Ms. Salinas worked as a receptionist in a large medical clinic and as a legal secretary at other local law firms. Ms. Salinas is responsible for setting up new personal injury files and performing all the tasks involved in confirming insurance coverage.

 

 FEATURED CASE
Slip and Fall Cases in Texas

Over the years, our law firm has represented hundreds of clients who were injured in "slip and fall" cases. Unfortunately, in recent years, the Republican Texas Legislature and the Republican Supreme Court of Texas have changed the laws to make it much more difficult for an injury victim to pursue a slip and fall case.

Many of the people who contact us about such a case do not realize that the mere existence of a defective condition in a store or public place of business does not make the owner liable for an injury caused by the defective condition. The burden is on the injured party to prove that the owner is liable under the law.

The general rule in a slip and fall case is that to succeed you must prove that there was a dangerous substance, that the owner or operator knew or should have known about the dangerous substance, and that the dangerous substance wasn't obvious and easily avoided.

As an example, if a grocery store customer slipped on a small puddle of clear liquid on the floor, the store probably would not be liable for the injury unless the customer could prove that a store employee actually knew the liquid was on the floor and did nothing about the situation.

The length of time a substance must remain on the floor before the owner should have discovered it will vary with each case, depending on the nature of the business, the size of the store, the number of customers, and the nature of the dangerous condition.

If you have questions about slip and fall injuries, please contact our law firm.

 HOW CAN WE HELP YOU?
Our law firm has helped thousands of clients over the years. Sometimes clients who use our firm for one type of case may not realize that there are other legal problems we could help them solve.

We handle most types of injury claims — including automobile collisions, "slip and fall" cases, injuries suffered as a result of defective products, injuries resulting from inadequate security, medical malpractice claims, nursing home negligence claims, prescription drug injuries and many others. We invite you to call us about any serious injury to see how we can help you.

Kraft & Associates also represents people who have been denied their Social Security Disability benefits. We can help at the Initial stage, the Reconsideration stage or the Hearing stage.

Our firm represents people who have been injured on the job and are making a claim for workers' compensation. We help people who have problems regarding family issues, such as divorce, child support, adoption, modifications, enforcements, attorney general disputes, paternity and other similar matters. We also represent clients who have been arrested or charged with committing a crime.

Please feel free to call us with any legal questions you may have. If we cannot represent you, we will attempt to refer you to another attorney or to a government agency that can help you. There is never any charge or obligation for our initial consultation.

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Automobile Accident, Wrongful Death, Nursing Home Negligence, Social Security Disability.

DISCLAIMER: This newsletter is presented by Kraft & Associates for informational purposes only, and not as legal advice.

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