Common Car Accident Questions and Answers

Roads and streets get us where we need to go, but they can also be dangerous for drivers and pedestrians alike. Here are some common issues that affect people on the roads.

Red Light Runners:

In 2017, over 900 pedestrians were hit and killed by vehicles running red lights. The worst thing about it is that while most drivers say they realize running red lights is very dangerous for themselves and for pedestrians, almost 33% of them still run one or more red lights on a monthly basis. Running lights is, of course, a crime in itself, but injuring someone while running a light also brings up the question of civil liability. Breaking a law designed specifically to protect people from harm has a good chance of establishing the law breaker's civil negligence in addition to the crime they committed.

If you are injured by someone running a red light, be sure to note that when you talk to your insurance and your attorney. Evidence that someone ran a light is a big boost to any case or claim you may need to bring against the offending driver.

Pedestrian Injuries:

It's not just red light runners that are a danger on the road. Pedestrian deaths in general have been on the rise. Last year was the most deadly for pedestrians in almost two decades. One of the biggest reasons is that so many people are driving larger vehicles than they did in years past. Coupes and sedans are steadily being replaced by crossover vehicles, SUVs, and full size trucks. The larger the vehicle, the less survival a collision is for a pedestrian.

Another reason for the increase in pedestrian deaths is the rapid rise in smartphone use. Just like vehicle on vehicle accidents, distracted driving has had a major effect on pedestrian deaths as well. Like with all accidents, a pedestrian needs to establish that the driver that hit them had a duty to the person hit and that they violated that duty which resulted in an actual injury or other harm.

Hit and Runs:

Sometimes, car accidents happen but the other party does not stick around to see about the damage. Fortunately, there are some thing you can do if you are the victim of a hit and run accident. First thing to remember is the driver that runs is almost always assumed to be at fault. If the hit and run driver can be found, they will have a pretty heavy burden of proving why they are not at fault.

If the driver can't be found, you may have a clause in your car insurance that deals with hit and run drivers. This is usually part of your uninsured motorists coverage. Not every policy has this coverage, though, so you'll need to check with your insurance company before filing a claim. If you ever have trouble with your insurance company, it may be time to call an attorney. At the end of the day, sometimes you and your insurance company can have conflicting interests, and it can take the involvement of a good lawyer to set things right.

So, when is the right time to involve an attorney after a car accident? There are a few incidents where it just makes sense to get legal assistance:

If there's a dispute as to who caused the car accident.
If there's a dispute as to how much you are owed after an accident.
If you suffered a serious injury that will require continued medical care.
If the other driver decides to sue or countersue you for the accident.

A lawyer team that knows the local court system can help you through the rules and requirements involved in a car accident dispute. They can help you evaluate settlement offers and make sure that insurance companies and other drivers don't try to slip past the rules or take advantage of you.

If you or a love one has been involved in a car accident or a pedestrian accident, you call the Martin Walker team at 903-526-1600.


Updates on The Opioid Epidemic

One of the biggest national crises of the last twenty years is what some refer to as the Opioid Epidemic. Deaths from overdosing on prescription and non-prescription opioid painkillers began to skyrocket in the late 1990's. This epidemic is now the leading cause of death in Americans under fifty years of age. The worst part about this drug crisis is that it should have been preventable, but dishonest doctors and scheming drug companies worked together to make billions as ordinary patients became addicted to drugs they were told had low or no risk of addiction. On the streets, opioids have become highly trafficked and have lead to further deaths. The harm the opioid epidemic has done has cost more than just human lives. Some estimates put the cost of supporting and caring for those affected by opioid addictions at over $75 billion dollars each year. The crisis has put an unneeded strain on our healthcare system that is not expected to be alleviated for decades.

We've covered a number of stories and incidents over the last year that shows just how out of hand the opioid epidemic has gotten.

 


In January of 2008, New York city brought lawsuits against eight opioid manufacturers. The city sought half a billion dollars in compensation while claiming that drug companies were misleading consumers about the safety of opioids while at the same time they were intentionally oversupplying and underreporting prescriptions of opioids in order to boost their profits.

 


As more focus has been placed on the causes of the opioid epidemic, some of the companies behind the mass production of opioids have begun distancing themselves from the drugs they themselves sold. For instance, in March of 2016, we saw that Purdue Pharma, one of the biggest names in opioids, had decided it would no longer be marketing its painkilling drugs, like OxyContin, to doctors. Multi-billion dollar companies rarely admit mistakes, but when you see one step away from a drug that made them many millions of dollars, it is practically the same thing.

 


In many ways, though, Purdue Pharma's move away from its core drugs was a too little too late moment. Just a few months earlier, reports about the company's activities painted a company that was actively looking for new and sometimes blatantly unethical ways to increase its profits from its opioid based drugs. At one point the company was looking at setting up opioid addiction treatment programs to help people with the addictive effects of the drugs they were widely marketing. When combined with their other efforts to increase opioid sales and convince doctors to prescribe larger doses, and their overall opioid strategy just starts to feel wrong. According to some reports, they even fired one of their employees who officially raised the alarm about doctors overprescribing OxyContin.


Fortunately, this bad behavior does not seem to have gone unpunished, at least not in the long run. In mid-march, Purdue Pharma publicly announced that they were considering filing for bankruptcy. At the time, Purdue Pharma was coming to terms with a lawsuit in the state of Oklahoma that might have reached the $1 billion mark. After making billions of dollars selling addictive drugs, that the company would then go into bankruptcy seemed a bit farfetched.

 


More recently, in July of this year, new information came to light that showed an outrageous amount of opioids being prescribed in some states in towns. The Washington Post managed to obtain a secret database that the DEA had kept on opioid sales and distribution data from at least 2006 to 2012. After digging into the data, investigators found some truly shocking numbers such as the state of West Virginia having so many opioid pills distributed that each of its residents would have received 60 of them each year. Even more outrageous, one town in Virginia had prescribed enough opioid pills that each of its 4,000 residents could have received 306 pills each year. These kind of numbers help explain why opioids had become so widespread that they have now become known as a crisis or epidemic.

 

Update, soon after we complied this report, a new story about opioid manufacturer Purdue Pharma broke. Here are the details: 

A big update in the ongoing opioid crisis was widely reported yesterday. Purdue Pharma and the Sackler family have apparently floated the idea of a $10 to $12 billion settlement in response to the nearly 2,000 city, state and county lawsuits pending against them.

In order to pay for this settlement, Purdue Pharma would need to declare bankruptcy, and even then, roughly half of the $7 to $8 billion would be made up in opioid-overdose medication that Purdue Pharma produces. The rest would come from ongoing profits of the company's drug sales. The Sacklers would pay for their part of the settlement in large part by selling off their international drug company Mundipharma.

All this came to light during a meeting with several state attorneys general, but this deal also came with a warning. Lawyers from Purdue Pharma and the Sackler family said if this deal was not agreed to, Purdue Pharma would most likely declare bankruptcy all the same which, without the deal in place, would make it a lot tougher to collect fines and payments from the company.

In what feels like an insincere twist, Purdue Pharma put out an official statement that included: "The people and communities affected by the opioid crisis need help now. Purdue believes a constructive global resolution is the best path forward, and the company is actively working with the state attorneys general and other plaintiffs to achieve this outcome." That seems a bit much for one of the larger companies that helped drive this opioid epidemic in the first place.

 

Taken individually, these stories and cases point to bad decisions and unfortunate actions on behalf of opioid manufactures and the doctors that prescribed the pills to patients. When considered together as part of more than a decade of behavior, the severity of the opioid epidemic starts to become clear. These companies were doing everything they could to influence doctors to overprescribe their drugs. They encouraged larger doses, managed to get significant health organizations to repeat their, at best, unverified claims about the safety of their medications, secretly looked into playing both sides of the game by prescribing the drugs and then set up programs to help those who became addicted, and finally threatened to declare bankruptcy when their actions came to light.

Opioid addictions and drug overprescription are not just national issues. They can affect people in East Texas just as easily as they can in West Virginia. If you or a love one think may have been affected by the opioid crisis you need someone who handles medical malpractice cases on a daily basis. Give the Martin Walker law firm a call at 903-526-1600 for a free case evaluation.


Congressional Report Shows World Health Organization Republished Opioid Industry Talking Points

The case against opioids and opioid manufactures gets more disturbing each time a new investigation comes to a conclusion. This time, a congressional report titled "Exposing Dangerous Opioid Manufacturer Influence At The World Health Organization" brought to light at least two World Health Organization guidance documents that appeared to mirror some of the discredited claims previously made by Purdue Pharma about the risk of opioid addiction.

For instance, one of the discredited claims that the WHO repeated was the false idea that less than 1% of opioid users ever became addicted to the powerful drugs. The congressional report notes that the 1% figure was already in question at the time that the WHO included it in its guidance documents, and that the 1% figure has since been shown to be closer to 8 to 12% of opioid users who become addicted after taking drugs like OxyContin.

WHO documents also used industry terms like "opiophobia" and made suggestions that there was no limit on the dosage of opioids that should be given to children, another drug industry supplied fact that has since been shown to be false. The same documents even did away with the middle range of pain management treatments for children and instead suggested that doctors go from prescribing normal pain killers on the low end then move straight to opioids without first trying mid-level treatments.

This congressional report just goes to show how big a push opioid producers made to get their own claims into places that they generally did not deserve go. Unwinding the opioid epidemic is going to take more investigations like this one revealing the truth.


Co-Founders of Texas Firm Martin Walker Named to Best Lawyers for 2020

Lawyers with focus on medical malpractice cases honored

 TYLER, Texas – Trial lawyers Reid Martin and John F. (Jack) Walker III, co-founders of the Tyler-based trial law firm Martin Walker PC, have earned recognition in the 2020 issue of The Best Lawyers in America, the oldest and one of the most respected legal guides in the nation.

Mr. Martin and Mr. Walker are among the few lawyers in Texas who still take on medical malpractice cases, a rarity. Mr. Martin is Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization, and he has more than 25 years of courtroom experience. Mr. Walker has been Board Certified by the Texas Board of Legal Specialization in Personal Injury Trial Law since 1999.

“We have had a very exciting year,” said Mr. Martin. “It’s rewarding to be able to help our clients achieve justice, and Jack and I are honored to see our hard work recognized by our peers.”

Best Lawyers in America honorees are chosen through voting by lawyers in the same practice and geographic areas. The publication’s research team then evaluates those nominees and makes the final selections. For the full list visit https://www.bestlawyers.com/.

“This is truly special because of the fact you have others in our own profession who are looking at our names and saying, ‘Yes, those two are among the best,’” said Mr. Walker.

This is just the latest honor for both Mr. Martin and Mr. Walker. Earlier this year, they were recognized in Texas Lawyermagazine for having won the largest medical malpractice verdict in Texas in 2018. In that case, jurors awarded $43.32 million to Martin Walker client Billy Pierce in a case he brought against East Texas Medical Center and one of its doctors.

Martin Walker PC is a Tyler-based law firm with significant trial expertise representing individuals and businesses in high-stakes litigation, including medical malpractice, catastrophic injuries involving 18-wheeler accidents, oilfield injuries, wrongful death, and product liability. For more information visit: http://www.martinwalkerlaw.com/

Media Contact:

Mark Annick

800-559-4534

mark@androvett.com