The Legal Limit

Showing posts with label Personal injury lawyer. Show all posts
Showing posts with label Personal injury lawyer. Show all posts

Friday, February 28, 2014

Oklahoma Man Dies In Police Custody; Moore Cops Put On Administrative Leave


                                                                          

Man dies in Police Custody of Brutality. 

Oklahoma detectives are investigating the death of Norman resident Luis Rodriguez, who died after being handcuffed by police officers responding to a domestic disturbance at a movie theater Friday.
Before cops arrived on the scene at the Warren Theater in Moore, Okla., a fight broke out between Rodriguez’s wife, Nair Rodriguez, and his daughter, Lunahi Rodriguez, NewsOK reported. Luis intervened and tried to break up the dispute. His wife fled and Luis allegedly then fought with officers, who put him in handcuffs.
Lunahi Rodriguez claimed her father didn’t resist but was nevertheless repeatedly hit by the officers. She told News9 that the cops beat her father to death in the parking lot of the theater.
"When they flipped him over, you could see all the blood on his face. It was, he was disfigured; you couldn't recognize him,” she told the Oklahoma television station. She added to NewsOK, “They jumped on him like he was some kind of killer or drug dealer and beat him up. He never fought the officers. They beat him on the head and that's how he lost his breath.”
Nair Rodriguez said her husband was only trying to break up the fight between her and her daughter. She said she slapped her daughter in the face when her husband intervened. She said she knew her husband was dead when she saw his body.
"I saw him. His [motionless] body when people carry it to the stretcher," she said. "I knew that he was dead."
Three police officers were placed on administrative leave while detectives investigate Rodriguez’s death. Moore Police Department spokesman Jeremy Lewis told NewsOK that Rodriguez stopped breathing as the officers were restraining him. An ambulance was at the movie theater, but paramedics weren’t able to revive Rodriguez.
Lunahi Rodriguez said her mother videotaped the incident on her cell phone, but police confiscated the device. News9 was able to obtain an audio recording of the confrontation.
"My mom was taking a video and asking, ‘What are they doing this for? Why?' And they didn't give really an explanation,” she said.
Mother and daughter were taken to the hospital and were told they could see him, indicating that he was alive. But Lunahi Rodriguez said that turned out not to be the case.
"Two hours passed. They finally called [Nair Rodriguez] up to say, 'Oh you could see him,' but it turned out it was a lie. They moved his body elsewhere," Lunahi Rodriguez said.

Submit your own Legal Question Today!
PlattenLaw@aol.com
Texas Trial Lawyer
www.TylerJustice.Com

24 Hour Emergency
903-593-9100
Posted by PlattenLaw at 2:14 PM No comments:
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Labels: bad cops tyler texas, Criminal Law, Personal injury lawyer, police brutality Luis Rodriguez Oklahoma, Tyler Texas Criminal Law, tyler texas lawyer attorney
PlattenLaw
EDUCATION Texas A&M University School of Law http://law.tamu.edu/ University of Texas System, Tyler Criminal Justice and Speech Bachelor of Science AWARDS Award Name 10 Best Criminal Attorney's in Texas 2014 American Institute of Criminal Law Attorney's Client's Choice Award AVVO 2014 Top Contributor Award AVVO 2014 Client Choice Award AVVO 2013 Top Contributor AVVO 2013 People's Choice AVVO 2012 Top Contributor AVVO 2012 Mastering Scientific Evidence National College of DUI Defense/TCDLA 2005 Intoxilyzer 5000 Maintence Tech/Operator Stephen Rose M.D. Course on Alcohol/Highway Safety C.E.S. Consulting West Palm Beach, Florida 2003 FST Standardized Field Sobriety Testing Walden Platt and Associates 2002 Criminal Defense Trial Lawyers College 2001 TylerJustice.com

Thursday, February 27, 2014

What to do if involved in an 18 Wheeler Big Truck Accident?



 Texas 18-Wheeler Accident Attorney Erick Platten 

 Discusses Roadcheck 2010.


              

Safety costs money. Theres simply no way around that and many trucking companies try to save money at the risk of public safety as a recent sting operation by the Tx DPS clearly illustrates. But before we delve too far into the results of this operation lets first provide some context.
The goal of our national and state legislatures police and other investigatory and regulating bodies such as the Federal Motor Carriers Safety Administration and indeed the most important goal of personal injury lawyers such as myself is to compel trucking companies to make safety a priority. This is accomplished in a variety of ways. For instance the legislature compels safety policies by way of enacting laws for which there are administrative or criminal penalties if the laws are broken. Alternatively my firm does its part by holding trucking companies financially accountable when they break the law and cause someone to suffer an injury or die. Or another way to look at it some trucking companies take shortcuts on safety because its cheaper in the short run; I sue them on behalf of my clients thereby making them realize that in fact being safe is actually a prudent business decision in the long run.
If left to their own devices many trucking companies would simply put safety on the back burner. For instance if there was no law telling truck drivers that they can only drive for some maximum number of hours in a given day many trucking companies would push their workers too hard and there would be a greater number of drivers falling asleep at the wheel.
However in our collective pursuit to ensure that drivers and trucking companies put safety first police officers lawyers and law makers certainly must strike a reasonable balance such that trucking companies are not unfairly burdened while still insisting that they put forth a good faith effort to keep our highways safe. We dont ask trucking companies to do anything that is unreasonable and in most cases we really only ask that they do the bare minimum. As such it is disheartening when trucking companies cant even live up to those obligations.
On that note during the summer of 2010 the Texas Department of Public Safety participated in the multi-state sting operation known as Roadcheck 2010. Essentially Texas DPS officers randomly pulled over nearly 7000 18-wheelers and inspected their safety features in addition to inspecting the drivers and their status and compliance with federal and state laws.
Shockingly (but honestly not a huge surprise) a staggering 25% of the trucks they pulled over were found to have serious enough safety concerns as to warrant taking the vehicles out of service altogether and numerous others were found to be non compliant at least in part. All of this can be read about in the official TX DPS press release.
Therein youll find some particularly infuriating highlights such as Vehicle out-of-service violations included 900 for brakes out of adjustment 702 for brake system problems 283 for tire or wheel issues… I think we can all agree that having functioning brakes is not asking too much from the trucking industry yet nearly 10% of the trucks inspected had brake system problems. Additionally the press release states Overall 27143 violations were documented as a result of the 6906 inspections conducted. This means that on average each tractor trailer/ driver had roughly 3.9 violations under their belt.
But averaging out the number of problems by the total number of trucks inspected is actually downplaying the problem. In fact 2516 of the trucks were found to be fully compliant. As such their drivers were awarded with a decal which exempted them from further inspections for 90 days; sort of a gold star if you will. However 3490 (approximately 64%) of the vehicles that were inspected failed to pass in some capacity. That means that literally most of the trucks that were inspected did not meet basic safety and/ or compliance guidelines. That information combined with the assumption that the trucks which were given a gold star did not share in any of the 27143 infractions (a reasonable assumption) means that the average violation per problem vehicle was actually 6.18 violations per tractor trailer/ driver! Or put another way roughly 36 % of the trucks inspected follow all of the rules but the other roughly 64% (the overwhelming majority) on average were breaking the rules in a profound way.
Excluding some statistical anomaly that would make the trucks randomly chosen for inspection somehow not an accurate representation of trucks in operation (thats hard to believe) it is safe to say that most of the 18-wheelers on Texas highways are not following basic safety requirements. Its staggering to see in black and white that what Ive suspected all along is true. Staggering… but not surprising.  As a trial lawyer who represents the victims of 18-wheeler accidents you do everything you can to make a difference but theres always a little part of you that thinks Maybe the worlds not really as dangerous as it seems to me. Maybe Im just seeing the worst because I represent people whove been through the worst. But with sting operations like Roadcheck 2010 it just goes to show that the concerns are indeed real and that many trucking companies are putting profits ahead of public safety.



Erick Platten 18 Wheeler Lawyer, Erick Platten 18 Wheeler Attorney, Erick Platten 18 Wheeler trial lawyer

Submit your own Legal Question Today!
PlattenLaw@aol.com
Texas Trial Lawyer
www.TylerJustice.Com
24 Hour Emergency


903-593-9100
Posted by PlattenLaw at 1:25 PM No comments:
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Labels: 18 Wheeler Accident, Personal injury lawyer, Tyler Texas Accident lawyer. Texas 18 Wheeler Lawyer., What to do if injured in a truck accident
PlattenLaw
EDUCATION Texas A&M University School of Law http://law.tamu.edu/ University of Texas System, Tyler Criminal Justice and Speech Bachelor of Science AWARDS Award Name 10 Best Criminal Attorney's in Texas 2014 American Institute of Criminal Law Attorney's Client's Choice Award AVVO 2014 Top Contributor Award AVVO 2014 Client Choice Award AVVO 2013 Top Contributor AVVO 2013 People's Choice AVVO 2012 Top Contributor AVVO 2012 Mastering Scientific Evidence National College of DUI Defense/TCDLA 2005 Intoxilyzer 5000 Maintence Tech/Operator Stephen Rose M.D. Course on Alcohol/Highway Safety C.E.S. Consulting West Palm Beach, Florida 2003 FST Standardized Field Sobriety Testing Walden Platt and Associates 2002 Criminal Defense Trial Lawyers College 2001 TylerJustice.com
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PlattenLaw
Texas
EDUCATION Texas A&M University School of Law http://law.tamu.edu/ University of Texas System, Tyler Criminal Justice and Speech Bachelor of Science AWARDS Award Name 10 Best Criminal Attorney's in Texas 2014 American Institute of Criminal Law Attorney's Client's Choice Award AVVO 2014 Top Contributor Award AVVO 2014 Client Choice Award AVVO 2013 Top Contributor AVVO 2013 People's Choice AVVO 2012 Top Contributor AVVO 2012 Mastering Scientific Evidence National College of DUI Defense/TCDLA 2005 Intoxilyzer 5000 Maintence Tech/Operator Stephen Rose M.D. Course on Alcohol/Highway Safety C.E.S. Consulting West Palm Beach, Florida 2003 FST Standardized Field Sobriety Testing Walden Platt and Associates 2002 Criminal Defense Trial Lawyers College 2001 TylerJustice.com
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