Posted on July 17, 2017 in Uncategorized

On Saturday June 10 around 4 p.m., a pickup truck drove into oncoming traffic on F.M. 973 and collided with a motorcycle. The driver of the motorcycle was pronounced dead at the scene and the pregnant female passenger, who had been thrown from the bike, was taken to a local hospital. The child did not survive and the woman remains in critical condition. The driver of the pickup truck who caused the head-on collision has been charged with intoxication assault and intoxication manslaughter. If the woman recovers, she may have the right to hold the at-fault driver responsible for her injuries and the loss of her child’s life.

A Personal Injury Claim Following a Motorcycle Accident

After a motorcycle accident caused by another driver or bike, the injured victims have the right to seek compensation through a personal injury insurance claim or lawsuit. Most auto accident injuries are resolved through an insurance settlement. The injured party files a third-party claim against the at-fault driver’s insurance policy. After the insurance company investigates the crash and the claimant provides evidence of his or her injuries, then the insurer will often offer a settlement. The claimant can work with an attorney to negotiate a fair settlement amount.

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 Posted on July 12, 2017 in Uncategorized

On the night of July 11, 2017, two adults and four children wound up in the hospital after a single vehicle crash in Austin. Law enforcement logged the call as ‘auto vs. fixed object,’ which means that the automobile hit an object like a telephone pole or a guardrail under its own power, rather than being pushed into it. While the majority of people think that single vehicle accidents like this must by definition be the fault of the car’s driver, the truth is that there are multiple external factors that can cause a driver to lose control.

Texas Law Is Specific

Single-vehicle accidents tend to happen due to one of three common causes: (1) driver error; (2) vehicle failure on some level; and (3) unforeseeable occurrences. Driver error as an accident cause is fairly self-explanatory, but the other two causes are more nuanced. More importantly, they are more likely to be caused by another person, rather than any fault of one’s own, and when one is injured due to reckless or malicious conduct of another person, that is the textbook definition of negligence. If you are able to successfully show that another person’s negligent conduct played a major role in your injuries, you may be entitled to compensation.

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 Posted on July 10, 2017 in Uncategorized

One Texas metalworker is suing two companies due to injuries he sustained while working. He alleges in his suit against Alabama Metal Industries and Automation Temporary Service that they failed to follow all relevant Occupational Safety and Health Administration (OSHA) regulations, properly train him for his job, provide adequate supervision, and provide necessary tools and safety gear. Because of this negligent behavior, he hurt his right hand at work in October 2015 and suffered medical expenses, physical pain, mental suffering, and lost earnings. Ultimately, the worker is seeking between $200,000 and $1 million in damages for his physical, psychological, and financial injuries.

Workers’ Compensation in Texas

Under Texas law, most employers are not legally required to purchase workers’ compensation insurance. When businesses do provide workers’ compensation coverage, injured employees have the ability to get their medical expenses covered and obtain a portion of their lost wages. In this situation, workers usually do not have the right to sue their employer. Workers’ compensation is their exclusive remedy.

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 Posted on July 04, 2017 in Uncategorized

On June 3, around 1 a.m., a vehicle struck a bicyclist from behind near downtown San Antonio. The cyclist was found on the ground on West Ashby by a passerby. The responsible driver was nowhere in sight, having fled the scene of the accident. Emergency medical personnel took the cyclist to a nearby hospital. Initial reports indicated the victim may have had head injuries.

Reports like this hit-and-run accident act as a reminder for motorists and cyclists to focus on safety when they are on the roads. As summer gets underway, more cyclists will head out to commute to and from work, participate in long-distance races, and enjoy leisurely rides. While cyclists have to be ready to take common sense precautions and obey the rules of the road, motorists may need to consider how to best drive around bikes.

Tips for Sharing the Road with Bikes

There is no denying that cars, trucks, vans, and SUVs all have advantages on the road versus bicycles. They are larger, heavier, and faster. If there is a competition between the two – the vehicle will win. Unfortunately, this means that when there is a collision between a passenger vehicle and a bike, the cyclist is the individual who suffers the most injuries. What could be considered a mild crash between two cars could cost a cyclist his or her life. That is why motorists should consider the following safety tips to share the road with bikes:

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 Posted on July 03, 2017 in Uncategorized

Not every driver and passenger is physically similar. Just as everyone has a unique set of physical features, like eye and hair color, each person’s health is a bit different. Some individuals involved in a car accident will have no pre-existing health conditions. Others will suffer from serious illnesses or conditions. This means similar collisions will not cause the same types of injuries. If one person has brittle bone disease, hemophilia, or another serious condition, then a relatively minor or moderate collision could result in that individual suffering catastrophic injuries no one could expect. The driver who caused the accident will be responsible for all of that individual’s injuries even though they are more extreme than could be anticipated. People who are negligent and hurt others must take the victims as they come. This is known as the eggshell skull rule.

Understanding the Eggshell Skull Rule

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 Posted on June 28, 2017 in Uncategorized

The Fourth of July is meant to be a day of celebration. From cookouts in the afternoon to fireworks at night, it is a day intended to be spent with friends and family. Unfortunately, for many individuals in the U.S., a fun day off of work quickly becomes tragic when drunk drivers head onto the road. July 4th weekend is one of the deadliest holiday weekends each year – often worse than New Year’s Day, according to the Insurance Institute for Highway Safety.

Fourth of July Accident Statistics

Every year on July 4th, an average of 118.4 individuals are killed in accidents, IIHS reported. Coming in a close second is New Year’s Day with an average of 118.2 deaths per year, for the years between 2010 and 2014.

The reason for the record-setting number of fatalities each year is a combination of increased drunk driving and motorcycles on the road. The IIHS reported alcohol was a factor in 47 percent of July 4th traffic fatalities. The normal daily average is only 35 percent. For motorcycle riders, there is an average of 26 deaths on July 4th, compared to the normal daily average of 12.1 the rest of the year.

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 Posted on June 21, 2017 in Uncategorized

A retired kindergarten teacher and baker was killed on May 1 after a head-on collision on U.S. 67. The woman, 63, of Glen Rose, Texas, was driving her Kia Rio northeast when she was struck by another Kia driven by a 17-year-old boy. The young driver was moving southwest behind another vehicle. Initial reports state he did not see the woman’s vehicle when he attempted to turn onto County Road 1119. The boy and three other teenager passengers in his vehicle were all transported by helicopter to a Forth Worth hospital where they were admitted in serious-to-critical condition. The woman was transported to John Peter Smith Hospital in Fort Worth and passed away shortly after. The Texas Department of Public Safety (DPS) is investigating the accident.

The Young Driver May Have Had Too Many Passengers

It is common knowledge that adolescent drivers are particularly prone to distractions when driving. Having multiple passengers in the vehicle while they drive is one way to cause a distraction, which increases the likelihood of an accident. That is why many states, including Texas, restrict how many passengers young drivers are allowed to have in the vehicle at any given time.

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 Posted on June 19, 2017 in Uncategorized

Learning your child has autism is tough for any parent. There are too many things to consider all at once: What is best for my child? Will he learn to read and write? Will she be able to be independent? How will this affect his future? While physicians and experienced teachers can provide parents with guidance, some parents turn to sources that claim they can treat children with autism or even cure them. However, the U.S. Food and Drug Administration (FDA) is reminding parents that there is no cure for autism and products on the market that claim to be a cure could pose a significant danger to your child.

Fake Cures for Autism Are Serious Health Risks

Some companies make claims that their products can treat an autism spectrum disorder (ASD) by improving the effects of the condition, or can cure autism altogether. It is not possible to cure autism at all. An ASD can affect an individual’s social skills, speech, and nonverbal communication, and often results in repetitive behaviors. Children who are autistic can display a range of symptoms and will have unique strengths and challenges. According to the U.S. Centers for Disease Control and Prevention, about 1 in 68 children are diagnosed with an ASD. The symptoms of the condition should only be handled by licensed physicians who can recommend certain types of education and therapy or prescribe medications when absolutely necessary. False cures and treatments not prescribed by a doctor are often substances that could pose serious health risks to children.

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 Posted on June 14, 2017 in Uncategorized

On March 29, 13 members of the First Baptist Church of New Braunfels were killed when a truck collided with the bus they were riding in Uvalde County. Only one individual from the bus was hospitalized in critical condition and survived the crash. The 20-year-old driver of the truck was also injured and survived. While the exact cause of the collision is being investigated, there are reports that the young driver of the pickup truck was on prescription medication that could affect his faculties and was texting immediately prior to the crash. An affidavit from the driver uncovered he had taken Clonazepam, Ambien, and Lexapro prior to the accident and he admitted to being distracted by his cell phone. Considering the nature of the accident and its consequences, it is not surprising that a wrongful death suit has already been filed.

Wrongful Death Suit Following the New Braunfels’ Church Bus Crash

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 Posted on June 12, 2017 in Uncategorized

Last month, a Texas man was killed after being struck by a vehicle on State Highway 155, according to the Texas Department of Public Safety (DPS). The DPS is looking for a dark-colored truck, potentially a Chevrolet, which was traveling west on SH 155. The victim was standing at the end of his driveway when the truck apparently veered onto the shoulder and hit him. He was pronounced dead at the scene. The driver of the vehicle did not stop at the accident and render aid as required by law. The DPS is looking for the driver who may be charged with hit and run.

The Criminal Consequences of a Hit and Run

Texas law requires that any individuals who are involved in an accident stop immediately, keeping their vehicle out of the way of traffic. For an accident involving damage to another vehicle, a driver must stop, provide their information, and if possible, render aid. If an individual does not stop and fulfill these requirements, then they can be charged with a misdemeanor. The level of the misdemeanor depends on the amount of damage to the vehicle. For a minimal amount of damage valued at less than $200 it will be a Class C misdemeanor, punishable by a fine. A greater amount of damage results in a Class B misdemeanor, punishable by up to 180 days in jail and up to a $2,000 fine.

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