Posted on March 15, 2017 in Uncategorized

In early February, an elderly driver was pulling into a parking spot when she confused the gas pedal for the brake. The woman drove forward and collided with a daycare center located in Cibolo, Texas. Six children and the driver were moved to area hospitals while a seventh child was treated at the scene and released to a parent. Many of the children’s injuries are unknown, though four were released from the hospital by the afternoon. It has been reported that one child sustained rib fractures.

Unfortunately, as drivers age, various medical conditions can increase the risk of the older driver causing an accident. Individuals hurt in these accidents may need to file personal injury claims against the older driver’s insurance or file personal injury claims in court.

The Facts about Elderly Drivers

As of 2014, the Federal Highway Administration calculated there were about 24.4 million licensed drivers at least 70 years old across the country, as reported by Insurance Institute for Highway Safety. The number of elderly individuals who have kept their licenses has increased in the past decade as the baby b+oomer generation ages. However, while there are more elderly drivers, there is not necessarily a significant increase in accidents involving them. Older drivers have a lower rate of police-reported crashes per capita compared to other age groups. Unfortunately, statistics from the IIHS also show that the more miles people over the age of 65 drive, the greater likelihood of a crash.

Continue Reading ››

 Posted on March 13, 2017 in Uncategorized

Car crashes can wreak havoc on your back. Back injuries can be minor, requiring pain management and rest to recover. They can also be catastrophic, causing limited or complete paralysis. If you are in an accident, do not ignore back pain, as it could be a sign of:

• Whiplash;
• Muscle sprain or strain;
• Broken vertebrae;
• A compression fracture;
• A herniated disc;
• Displaced vertebrae; or
• A partially or fully severed spinal cord.

Signs of a Back Injury

Small symptoms can be signs of a major problem. If you have any of these feelings following a crash, go to the emergency room or see your physician as soon as possible:

• Sharp pain in your back, neck, or shoulders;
• Difficulty rotating your head;
• Generalized pain in your lower back;
• Pain that moves down your buttocks or legs;
• Pain that moves through your shoulder and arm;

Continue Reading ››

 Posted on March 08, 2017 in Uncategorized

Last month, more than 20 vehicles were involved in a serious crash on I-35 near San Antonio. At least two 18-wheel semi-trucks were involved. Investigators believe the cause of the accident, which involved multiple independent collisions, was the heavy fog in the area and numerous vehicles speeding. Some individuals were transported to the hospital with non-life-threatening injuries and others were treated at the scene. There were no reported fatalities.

When multi-vehicle accidents like this occur, it is safe to assume that there will be a number of insurance or personal injury claims filed. One of the main issues insurers or the courts must address involves determining liability for the collision. If more than one driver was responsible, an insurer or court will need to apportion responsibility, which can greatly affect a victim’s ability to recover compensation.

Determining Liability

Continue Reading ››

 Posted on March 06, 2017 in Uncategorized

Recently, a video was released of an in-home caretaker physically abusing her 94-year-old patient in Texas. The video shows the caretaker yelling at the patient regarding feeding the dog and repeatedly hitting her on the head before ordering her to go to bed. The video is a shocking display of abuse. But what makes matters worse is that the patient’s situation is not unique. According to the National Council on Aging, one in 10 individuals over the age of 60 suffer a form of elder abuse, including physical violence.

Elder abuse can lead to civil and criminal lawsuits in Texas. If you know of a friend or loved one who has been physically or sexually abused, do not hesitate to reach out to the New Braunfels personal injury and elder abuse attorneys of the Bettersworth Law Firm. We have years of experience helping our elderly clients receive the care they need and holding those who hurt them responsible.

Continue Reading ››

 Posted on February 28, 2017 in Uncategorized

A four-year-old girl was killed in a crash involving four vehicles on I-35W on January 24th. The collision occurred around 7:45 a.m. and Burleson, Texas, police and fire responded. The accident is under investigation but it is believed that a Ford SUV struck the rear end of the Honda sedan carrying two toddlers. The Honda then collided with a Chevy truck, which in turn hit a Chevy SUV. The driver of the Honda was injured and taken to the hospital. There were no other reported fatalities or injuries. The death of the young girl raises the issue of a potential wrongful death claim. In Texas, parents can sue the at-fault driver for compensation for their daughter’s death. For more information on wrongful death claims, contact a personal injury attorney at our firm right away.

What Is a Wrongful Death Claim?

A wrongful death claim is a lawsuit seeking compensation for the death of an individual caused by another person or entity’s negligence, carelessness, recklessness, or intentional wrongdoing. This type of claim does not always exist after a death. It is only available if the individual who died would have had a personal injury claim against the at-fault party.

Continue Reading ››

 Posted on February 23, 2017 in Uncategorized

Recently, Texas has witnessed a number of dump truck accidents. On January 4, the lower levels of Interstate 10 were closed after an 18-wheel dump truck accidentally released the trailer mechanism, causing the trailer to rise and hit an overhead sign. No injuries occurred, but the highway was closed for nearly six hours to ensure it was safe for motorists. Another dump truck accident that occurred in late December was far more traumatic. A dump truck apparently rolled away from where it was being loaded and ran into a home in Hillsborough, striking a five-year-old boy. The child was pronounced dead at the hospital.

While dump trucks are necessary vehicles, negligent operation and driving of these trucks can lead to serious and deadly incidents. Individuals who are hurt or lose a loved one in an accident with a dump truck should speak with an experienced Texas personal injury and wrongful death attorney for help filing a claim.

Continue Reading ››

 Posted on February 21, 2017 in Uncategorized

Last month, a vehicle carrying the driver and one passenger crashed into a utility pole and gas line in New Braunfels. The accident caused a serious gas leak resulting in a road closure and two home evacuations. Crews worked hours to repair the damage. The driver and passenger both fled the scene of the accident and were later arrested and charged. While property damage may have been minimal outside of the gas leak, the crash is an example of the unexpected damages that can occur from collisions. Negligent drivers can be held liable not only for damage to other individual’s cars during collisions, but also for damage to personal and government property.

Property Damage to a Vehicle

After an auto accident, you are entitled to recover compensation for your damaged vehicle. Most insurance providers will pay out the difference between what your car was worth before the accident versus what it is now worth after the accident. This may simply lead to the insurer paying out the cost of repairing your vehicle or if it is totaled, compensating you for the value of your vehicle.

Continue Reading ››

 Posted on February 16, 2017 in Uncategorized

Unfortunately, vehicle-pedestrian accidents are all too common across Texas. For example, in late December, a Honda Accord ran a red light and was struck by a delivery van on San Jacinto Boulevard in Austin. This impact caused the Accord to collide with a pedestrian within the crosswalk on 15th street. The man was taken to UMC Brackenridge where he was pronounced dead shortly after arrival.

None of the vehicle drivers were charged with a crime the day of the crash, but local authorities are investigating what happened and who may be responsible for the man’s death. Like all collisions, vehicle-pedestrian accidents range in severity. While some men and women are able to walk away from a crash with minimal harm, others lose their lives. When someone loses their life in a vehicle-pedestrian accident, the family may be able to bring a wrongful death suit in order to recover compensation.

Like all collisions, vehicle-pedestrian accidents range in severity. While some victims are able to walk away from a crash with minimal harm, others lose their lives. When someone loses their life in a vehicle-pedestrian accident, the family may be able to bring a wrongful death suit in order to recover compensation.

Continue Reading ››

 Posted on February 14, 2017 in Uncategorized

After a car accident, you are probably in shock and in pain. Even a relatively minor crash can lead to you slamming forward into the seat belt or the airbag deploying. The pain from the collision can make it difficult to tell if you have broken bones and other serious injuries or whether you are heavily bruised. And unless you have a medical degree, you do not know the signs of hidden trauma like traumatic brain injuries and internal bleeding. You should not simply assume the pain will go away and you will be fine.

Following an auto accident, you should go to the emergency room to get checked out. If you feel well enough and are worried about costs, you can decline the ambulance and have a friend or family member drive you. Just remember to get there as soon as you can. Once you have been checked out, your next best step is to call a New Braunfels personal injury attorney at our law firm. We can handle the insurance claims process and determine whether a personal injury suit is necessary for you to recover compensation.

Continue Reading ››

 Posted on February 09, 2017 in Uncategorized

Four individuals in their New Braunfels home were surprised when an ultra-light aircraft crashed into their roof. The pilot of the plane was trying to land in a nearby field after losing power when he hit an electrical line. The crash led to a small fuel leak that the New Braunfels Fire Department quickly contained and a power outage that was swiftly restored. While none of the five individuals involved were injured, plane crashes lead to serious injuries and deaths every year. Those injured in plane accidents, whether a passenger in a large commercial plane or in a small personal craft, need to work with experienced personal injury lawyers to determine how to recover compensation for their injuries.

Airplane Accidents in the U.S.

According to the National Transportation Safety Board, 1,290 civil aviation accidents occurred in 2014, causing 444 fatalities and hundreds of additional injuries. The general aviation category, which likely covers the ultra-light aircraft involved in the recent New Braunfels crash, witnessed the most accidents and fatalities in 2014, at 1,223 accidents involving 424 deaths. Of general aviation accidents that year, more than 80 occurred within Texas. There were also two non-scheduled commuter/on-demand carrier accidents and four scheduled air carrier accidents in Texas in 2014.

Continue Reading ››