Posted on December 15, 2016 in Uncategorized

In late October, Peg Perego USA recalled children’s riding vehicles due to a fire and injury hazard. According to an announcement by the U.S. Consumer Product Safety Commission, the company recalled 3,000 of the 850 Polaris Sportsman toy vehicles. The vehicle uses a 24-volt battery and is intended for kids between the ages of five and seven. The toys were sold in stores and online between October 2014 and May 2015. Due to the circuit board failing, the motor overheats and can ignite, causing a fire and burn hazard. There have been at least three reports of children using the toys when they have overheated, and one of these includes burn injuries.

If your child has this model of a Peg Perego children’s riding toy, you should immediately stop using it. Your child could be hurt. However, if your child has already suffered an injury because of this toy vehicle or another Peg Perego model, contact the New Braunfels personal injury attorneys of the Bettersworth Law Firm immediately.

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 Posted on December 13, 2016 in Uncategorized

Using your cell phone while you drive is not only dangerous, it is often illegal. Texas and many cities in the state have strict cell phone laws. Young, inexperienced drivers cannot use handheld or wireless communications while operating a vehicle. In most cities and in school zones around the state, it is illegal to text while driving. However, after you have been in a car accident and have come to a complete stop, a cell smartphone can be incredibly useful. The following includes information regarding how you can take advantage of having a cell phone after a collision:

Call for help immediately.

Decades ago, someone had to get to a landline to call 911. Now, if you, someone in your car, or someone in another vehicle needs help, you can pick up your cell phone and call 911. This is a major advantage; indeed, the sooner you call, the faster first responders can get to the scene and provide aid.

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 Posted on December 08, 2016 in Uncategorized

Getting into an accident with a truck can lead to severe injuries or death. When trucks are fully loaded, they can weigh 80,000 pounds and are no match for passenger vehicles. In 2015, 34,230 crashes involving tractor-trailers in Texas were reported. Of those, 601 people died and 1,522 people were left with severe injuries. Many more were left with non-incapacitating injuries.

Getting into an accident with a truck can also lead to a complex lawsuit because there could be several parties potentially liable for your injuries. In addition, the lawsuits tend to be complex because there are laws that specifically apply to trucks.

Federal Regulations

Because of the dangers trucks pose, there are many laws in place meant to keep drivers of cars safe. Depending on the truck that hits you, state or federal regulations may apply. If the truck is only driven in-state, typically state law applies. Federal law applies to trucks who drive across more than one state.

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 Posted on December 06, 2016 in Uncategorized

Similar to other types of injuries that drivers experience as a result of car accidents, whiplash is an injury that can slowly creep up on us as the days and weeks following the crash unfold. Not all of the symptoms are apparent initially, making it difficult for us to be sure we are in fact truly unharmed after the collision. Rear-end accidents, in particular, are infamous for causing cases of painful whiplash. If you have recently been in a car accident, keep an eye out for the following three telltale signs that indicate you may be experiencing whiplash injury:

1. You notice an increase in stiffness or pain in the neck.

If you notice decreased range of motion in your neck or pain that is steadily increasing as the hours after the accident pass, you may be feeling the early effects of whiplash damage. Tenderness or pain in the arms or upper back may also accompany the neck pain.

2. Emerging headaches.

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 Posted on November 25, 2016 in Uncategorized

A driver in Houston has been charged with intoxication manslaughter after he hit a worker in early October. The accident occurred just before 2 p.m. and police believe the driver was intoxicated at the time. Unfortunately, drunk driving accidents that lead to serious injuries and deaths are all too common in Texas. Less than two weeks earlier a woman was killed in Harris County after a suspected intoxicated driver ran a red light and hit her vehicle head-on. This driver will also likely face intoxication manslaughter charges.

Alcohol-Related Crashes in Texas

Despite driving while drunk or impaired by drugs being illegal In Texas and throughout the U.S., many people still choose to get behind the wheel after drinking or taking controlled substances. These actions led to more than 10,000 alcohol-related crashes in Texas in 2015, according to the Texas Department of Transportation. Of these accidents, 861 were fatal that year, killing a total of 960 individual. Another 2,187 people suffered incapacitating injuries.

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 Posted on November 23, 2016 in Uncategorized

The winter storms will soon be arriving, even in Texas. In past winters, northern Texas has seen the thermometer drop in the single digits and in south Texas, the temperatures can drop into the thirties, cold enough for snow and ice. Although these cold temperatures bring a beautiful snowy backdrop to the holiday season, they also bring dangerous road conditions and auto accidents.

Drivers are used to the warm, dry roads, especially in Texas, so when the snow hits, it is especially important to take extra precautions. Auto safety advocates suggest the following tips:

• Avoid driving: If you can help it, stay off the roads until the conditions have improved. Avoiding dangerous roads means avoiding car accidents.
• Pay attention to the weather: Check the daily forecast before you head out so you will be expecting snow showers or any other changes in weather before they occur. You may even be able to plan your day accordingly so that you will be off the roads before the snow hits.

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 Posted on November 18, 2016 in Uncategorized

When you are in an accident with one or more other vehicles, your recovery depends on who was responsible for the accident. If one other driver is found to be entirely at fault for the collision, you will seek to recover from that person. However, few auto accidents are that cut and dry. Many crashes are caused by more than one driver doing something they should not have done. You may have even been one of those drivers during your accident. Because of the complexities of fault and liability for auto accidents, Texas has a comparative negligence rule that requires judges to apportion responsibility. This can greatly affect how much you recover and from whom.

Comparative Negligence in Texas

When you are hurt in a car accident, you will either seek to recover from the at-fault driver’s insurance or by filing a personal injury claim in court. When your case is before a judge or jury, this is when the theory of comparative negligence matters most. Under Section 33.003, each defendant is only responsible for their portion of the recovery based on the percentage of their responsibility. For example, if you sue two different drivers and one driver is deemed 90 percent responsible for the accident while the other only 10 percent, then each driver is liable for that percentage of your compensatory and non-compensatory damages.

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 Posted on November 16, 2016 in Uncategorized

The culture surrounding marijuana has changed drastically in recent years. Research has pointed to marijuana as an effective treatment for constant pain, seizures, and other medical issues. Many states have approved some type of medical marijuana while other states have legalized both medical and recreational use. While marijuana and its related products may turn out to be important medical discoveries, it has become clear to safety agencies that a rise in marijuana use around the U.S. is associated with an increase in marijuana-related car accidents. If you were hit by a driver who you believe was impaired due to marijuana use, contact an attorney right away. Marijuana has the potential to impair a driver’s abilities like alcohol or drowsiness. An individual who is high and causes an accident must be held responsible.

Drivers Who Recently Smoked Marijuana More Likely to Crash

According to an analysis performed by Columbia University Mailman School of Public Health, eight of nine studies found marijuana increased the likelihood of a car accident. After alcohol, marijuana was the most commonly detected drug in drivers involved in an accident. Drivers who test positive for marijuana in their systems are twice as likely to be involved in a crash as drivers who test clean for drugs or alcohol. Additionally, the more THC in a person’s system, the higher the risk of an accident.

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 Posted on November 11, 2016 in Uncategorized

Parents of children who are teething understand the struggle of calming their children and easing their pain. When infants have their baby teeth coming in, they can be uncomfortable, fussy, and unable to sleep. Parents who need their babies to rest so they can get some shut-eye may turn to over-the-counter products to soothe their children’s achy gums, such as homeopathic teething tablets and gels. However, the U.S. Food and Drug Administration recently warned parents against these products, asserting that these homeopathic remedies may be related to multiple children’s deaths and injuries. You may desperately want a quick fix to your child’s pain, but the FDA recommends getting through teething without OTC products or medications.

If you child was harmed by a teething or other OTC product, call a personal injury attorney as soon as possible to learn about your legal options. You may be able to hold the maker of these products responsible for the injuries and pain your child has suffered.

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 Posted on November 09, 2016 in Uncategorized

The San Antonio Spurs started the regular season against Golden State on October 25. They began away from home but were back on October 29 against New Orleans Pelicans. As fans crowd into the stadium throughout this season and enjoy typical basketball game fare including beer, nachos, and hotdogs, it is important to be aware of the potential for drunk driving after games. Many basketball fans who enjoy games up close and personal end up having too many drinks to get safely behind the wheel to go home. The same can be said for other professional sports, like football, baseball, and hockey fans. It is only natural to have a few beers at the game, but this can lead to alcohol-related crashes, personal injuries, and fatalities. If you were in a car accident caused by someone leaving a Spurs game, you should reach out to an attorney immediately for help.

Drunk Driving after Sporting Events

Alcohol and sports are consistently linked. Professional sporting events are so closely associated that alcohol producers and brewers often sponsor teams and major events. This is why it is no surprise that when fans attend games in person, they often enjoy a few beers at the event. One previous study, though not overly large or representational of every fan base, found that 8 percent of fans who agreed to be tested for alcohol after 13 major league baseball games and three national football league games were too intoxicated to drive. This may seem like an insignificant percentage, but as one of the researchers pointed out, in a stadium with thousands of fans, that equates to hundreds of people who need designated drivers or could cause serious accidents. The 8 percent figure may also be too low because many fans did not participate in the study and researchers did not ask to test underage fans.

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