Posted on June 15, 2016 in Uncategorized

Since 2014, more than eighty rock-throwing incidents have occurred along I-35. Most have simply resulted in broken windshields and windows, but authorities believe there has been at least one traffic fatality and four injuries during that time. Police have yet to determine who the suspect or suspects may be, and that continues to leave Texas drivers at risk. If you have been a victim, the following can help you determine what your next steps should be.

Property Damage Only

If you were victim in a rock-throwing incident and only suffered property damage, you may be able to file for compensation from your insurance company. Keep in mind, however, that you will need to have comprehensive insurance to file such a claim. You will also need to provide your insurance company with important information about the incident, including the time and place. Photographs are also encouraged.

Personal Injury or Wrongful Death

Continue Reading ››

 Posted on June 10, 2016 in Uncategorized

Although speed limits on most state roadways are set at the state maximum as required by Texas law, the maximum is not there as a symbol to encourage drivers to push the limit. Unfortunately, though, many drivers take advantage of these limits and operate under the assumption that it is acceptable to drive over those magic numbers. This mentality often results in careless collisions, needless injury, and, at times, tragic fatality.

Basis for Speed Limits

The state of Texas determines highway speed limits using what is known as the 85th percentile method. This method is based on an engineering principle that estimates the speed that a majority of drivers usually travel. It has been used for the past 60 years to set highway speed limits across the nation. These limits reflect speeds that drivers travel at or below, and they continue to be a country-wide standard.

Certain factors such as hills and curves, local crash history, and whether an area is residential or developed are also taken into consideration when deciding on any variation in speed limit, such as a drop of ten miles-per-hour or a five mile-per-hour spike. The Texas Department of Transportation reports that various studies have been done to demonstrate the effectiveness of this speed-setting method, emphasizing that there are certain disadvantages to setting speed limits below the 85th percentile speed.

Continue Reading ››

 Posted on June 08, 2016 in Uncategorized

Like anywhere else, the state of Texas experiences its share of car crashes due to common dangers such as speeding, distracted driving, running red lights, and driving under the influence. Driving behaviors such as failing to yield and following another car too closely lead to rear-end collisions and pedestrian accidents, not to mention countless personal injury claims and tragic deaths. While some crashes are inevitable, many can be prevented entirely when basic collision safety practices are applied and highway laws are obeyed.

Texas Crash Safety Tips

The Texas Department of Transportation (TxDOT) advises you to do the following to avoid a car wreck:

• Follow proper speed limits;
• Slow down when road conditions are less than ideal;
• Yield to other drivers and refrain from aggressive road rage behaviors;
• Follow at a safe distance (do not crowd other drivers);

Continue Reading ››

 Posted on May 27, 2016 in Uncategorized

The non-profit organization committed to informing consumers about the products they purchase, Consumer Reports, recently conducted a full, comprehensive review on a variety of the new and advanced safety features in today’s automobiles. Forward-collision warning was one of the features that they highly recommended. Unfortunately, further testing revealed that all are not all created equal, which could, in some instances, increase the risk of an automobile accident or nullify the system’s benefits.

Forward-Collision Warning Systems

Statistics and studies indicate that approximately 90 percent of auto accidents are directly related to driver error. Now standard on some newer vehicles, forward-collision warning systems (FCW) seeks to counteract that by notifying drivers of a potential collision through the use of lasers, radar, or cameras that monitor driving speed and detect objects up ahead. Some are also paired with emergency braking systems that can slow or stop the vehicle if the driver does not take action in time.

Continue Reading ››

 Posted on May 25, 2016 in Uncategorized

Whiplash, which most often occurs in rear-end collisions, is usually a temporary injury. However, an estimated 25 percent develop chronic, debilitating pain that can last for months, sometimes even years. Sadly, these same sufferers are often accused of fraud, of “faking” their injuries or somehow trying to get more out of the insurance companies. Thankfully, science may have finally found a way to validate their injuries, and the cause.

Whiplash Still a Highly Misunderstood Condition

To date, medical and scientific understanding of whiplash has been limited. This is due, in part, to the lack of visible signs of injury in victims. Chronic whiplash is even less understood since most other body strains and sprains heal within a matter of weeks. In fact, most doctors must simply diagnose and provide treatment to the best of their abilities, despite truly knowing if chronic whiplash is the cause of their patients’ pain. A new study, conducted by Northwestern University Feinberg School of Medicine, could soon change all of that.

Continue Reading ››

 Posted on May 20, 2016 in Uncategorized

Recently, the American Academy of Pediatrics increased the age at which children should remain in rear-facing car seats. On the heels of that recommendation came a study that revealed infants in rear-facing car seats could be prone to head injuries in rear-end automobile accidents. Experts have expressed concerns – in both terms of safety and parental compliance – since the publication of that study. Know and understand the risks, and how you can best prevent injury to your child in a rear-end collision.

Why Rear-Facing Until Age Two?

Infants and children under the age of two are still developing neck and back control. Their spines, heads, and internal organs are also still especially prone to injury during this time. Rear-facing child seats help support the head, neck, and spine and can reduce the odds of injuries to internal organs. In fact, according to numerous studies, infants are five times safer riding backwards, thanks to the extra support that rear-facing car seats provide. This is true, despite the recent findings.

Continue Reading ››

 Posted on May 18, 2016 in Uncategorized

As another school year draws to a close, South Central Texas children will be spending more time on area playgrounds. According to a recent report, these children risk traumatic brain injury almost every time they slide down slides, climb on monkey bars, or swing on swings.

Between 2001 and 2013, over 21,000 children aged 14 and younger were rushed to an emergency room with a TBI. Girls between ages 5 and 9 were the most at-risk group. Only about 4 percent of these victims received any follow-up care, even though injury incidents were higher in the study’s later years.

The study authors strongly recommended that parents inspect the facilities before allowing children to play, especially if they are built atop hard surfaces, like bare ground, asphalt or concrete.

Landowner Liability

Many of these injuries occur at communal playgrounds in common areas at area apartment complexes and housing developments, while others happen at backyard jungle gyms and swing sets. These private owners all have a duty of care that is predicated upon the child’s purpose for being on the land.

Continue Reading ››

 Posted on May 13, 2016 in Uncategorized

In most negligence matters, including car crashes, and landowner liability, the plaintiff must prove duty, breach, cause in fact, proximate cause, and damages. In some instances, however, a legal shortcut may be available.

Alcohol-related crashes are a good example. Impairment begins with only one drink, in most cases. Such impairment violates the duty of care and, if that breach causes injury, the defendant is liable for damages. But if the defendant had a BAC of .08 or above, a case in civil court might be easier to prove.

Negligence Per Se

Some conduct is negligent not because the defendant breached a legal duty, but because the defendant violated a criminal statute. The elements of negligence per se (negligence “as such”) are:

• Legal Violation: A law does not necessarily have to be a criminal law that may lead to incarceration; traffic tickets and code violations may also qualify as negligence per se in Texas, so long as they carry a penalty.

Continue Reading ››

 Posted on May 11, 2016 in Uncategorized

As the sharing economy continues to expand, employment and personal injury law sometimes have a hard time keeping up.

Uber has been in and out of court over the last several months, dealing with labor organization issues, as well as compensation and employee benefits. Lyft recently settled a major lawsuit over whether its drivers should be considered employees or independent contractors, for tax and labor law purposes. And Airbnb, the real estate sharing service, finds itself increasingly at odds with various cities which accuse users of trying to circumvent the hotel tax.

Despite these controversies, given the financial success of these former startups, it is only a matter of time before additional companies try to get a piece of the pie.

Third-Party Liability

If a snowbird is injured at an Airbnb rental in Alamo Heights, who is legally responsible for the plaintiff’s injuries? Likewise, if an Uber or Lyft driver causes a car wreck on Interstate 10 that injures a passenger, is the company liable for damages?

Continue Reading ››

 Posted on May 06, 2016 in Uncategorized

An area man faces serious charges after he was allegedly intoxicated while traveling on the wrong side of the road just before smashing into an oncoming vehicle.

The wreck took place near the intersection of West Military and Chinook. A male driver of a compact car collided head-on with another car. Three people – the male driver and the two occupants of the other vehicle – were all rushed to an area hospital. One victim, a 50-year-old woman, was subsequently pronounced dead. Police are unsure how long the male driver, who was described as “heavily intoxicated,” had been driving on the wrong side of the road.

The driver is currently facing one count of intoxication manslaughter along with one count of intoxication assault, and the charges could be upgraded later.

Alcohol Impairment

As little as one drink makes it dangerous to drive. Even low alcohol levels impair both judgment and motor skills. Alcohol is a depressant that makes it difficult to concentrate or multitask, and the reduced brain processing speed also reduces reaction time and muscular control. There are emotional effects as well, such as a feeling of euphoria and heightened responses (sad things become even sadder, and so forth).

Continue Reading ››