Posted on March 06, 2015 in Uncategorized

Everyone knows that automobile accidents can be deadly. According to national statistics, the chances of dying in a car crash are roughly one in 85. Car crashes are one of the leading causes of accidental death, so preventing them should be a top priority for all Americans. One of the first steps in avoiding a crash is to understand the main causes of car accidents, and this article will introduce you to three of them.

Distracted Driving

Distracted drivers contribute to thousands of accidents every year in the United States. In fact, these drivers cause nearly one-quarter of all crashes. Distracted driving includes texting behind the wheel, talking on a cellphone, putting on makeup, and slowing down to observe other accidents

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 Posted on March 03, 2015 in Uncategorized

Although some students and teachers complain about the late dismissal, the 8:50 a.m. start time in San Antonio public schools may do students and motorists a favor by reducing the number of car crashes on area roadways by decreasing the risk of fatigued driving. According to a recent study, a later start time (8:35 a.m. instead of 7:35 a.m.) translated to 70 percent fewer car accidents involving teen drivers between 16 and 18. Researchers also observed that the delayed start time led to higher grades in core subjects, better overall standardized test scores, reduced tardiness, and fewer absences. Scientists speculate that puberty triggers changes in adolescent sleep-wake cycles, so kids need more sleep at night and they feel sleepy in the morning. However, University of Minnesota Dr. Kyla L. Wahlstrom admitted that “there might [also] be social and environmental factors that influence adolescents’ sleep behavior.”

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 Posted on February 11, 2015 in Uncategorized

One woman is dead after a pickup plunged five stories off a North Side overpass.

Authorities say the wreck occurred on Highway 281 between Jones Maltsberger and Basse Roads at about 1:00 p.m. on February 12. A Ford pickup allegedly drove off the highway and landed upside down in a creek bed. First responders, including an off-duty paramedic, worked feverishly to free the two people trapped inside the vehicle. They were able to save the passenger, who was then rushed to a nearby hospital in critical condition. The driver was pronounced dead at the scene.Both the victims are believed to be in their early or mid-20s.

Distracted Driving

Although it is far too early to speculate as to a cause of this tragedy, it appears that distracted driving may be a likely culprit because the driver allegedly drove the pickup truck off the road in the middle of the afternoon, resulting in the car accident. Every day, more than 1,153 people are injured in a car accident that involved a distracted driver. Even more disturbingly, nine people are killed in these incidents every 24 hours. As the opportunities for distraction have increased, that figure has steadily increased as well.

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 Posted on February 09, 2015 in Uncategorized

Officials recently confirmed that a faulty airbag killed a Spring man in a low-speed collision last month. In its report, the Harris County Institute of Forensic Sciences concluded that the 25-year-old father of two died from blunt-force neck trauma. The man was driving his 2002 Honda Accord when he bumped into another car near a parking lot. Despite the nature of the collision – the man suffered no other injuries – the Takata-made airbag inflated with such force that it blew up a metal canister and sent shrapnel flying into the passenger compartment. This case is the sixth fatality, and 64th injury, blamed on the defective airbags. Over 19 million cars have been recalled so far.

Defective Products

Manufacturers have a duty to sell safe products that work properly. Nevertheless, dangerous products are sold every day.

• Manufacturing Defect: The hazard sometimes occurs on the manufacturing floor. A screw hole may be off-center by a few degrees, a critical sensor may be improperly calibrated, or there may be too much space between vital components.

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 Posted on February 06, 2015 in Uncategorized

A massive crash which involved two large tractor-trailers and two smaller vehicles killed five people in Dimmit County south of San Antonio in January 2015. According to state troopers, the crash occurred on Highway 83, about two miles north of Asherton. When a southbound truck tried to make a sudden left turn, a second truck was forced to try and turn out of the way. The diesel or gasoline tanker was not able to move in time, and it smashed into the other truck. A pickup truck and a van then slammed into the disabled vehicles, triggering an enormous fireball. All five van occupants were killed, and the pickup driver was rushed to an area hospital with severe burns over 80 percent of his body. None of the names were released. Winning a Large Truck Accident Case A fully loaded tractor-trailer can weigh over 80,000 pounds. Even in ideal conditions, it takes such a vehicle over 500 feet – about the length of two football fields – to fully stop. It is also almost impossible for these vehicles to safely perform an evasive maneuver. With all the cargo coming north from Mexico through The Lone Star State, Texas freeways are incredibly dangerous. Partially in response to these serious safety concerns, more and more large truck now carry Event Data Recorders – the equivalent of the black boxes in airliners. Most of these devices automatically record technical data like vehicle speed and braking, as well as nontechnical data, such as the driver’s rest periods. So far, the trucking industry has resisted calls to make these EDRs mandatory, citing excessive installation costs. Nonetheless, they are present in a number of these vehicles. If you were injured in a large truck accident, an attorney can send a spoliation letter to the trucking company. This letter puts the company under a duty to preserve the EDR evidence, which can shed considerable light on who was at fault. Without such a letter, all too often this vital evidence will disappear, either accidentally or intentionally. If you can prove that the truck driver was negligent, damages in a truck accident can include compensation for both economic damages, such as lost wages and medical bills, as well as non-economic damages, such as pain and suffering. Additional punitive damages may be available in some cases. To seek the compensation you deserve after an accident, contact a New Braunfels personal injury attorney for a free consultation. After-hours and hospital visits are available.

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 Posted on February 03, 2015 in Uncategorized

Everyone knows that driving while impaired is more likely to lead to an accident. With this in mind, it is not a far leap to recognize that more injuries and fatalities occur due to drunk driving accidents during the holiday season—when more people are presumably on the road after having spent the night drinking. According to the National Highway Traffic Safety Administration and reported by BACtrack.com, between 2001 and 2005 an average of 36 fatalities occurred per day on average as a result of an alcohol-related car crash. During the winter holiday season, this number rose to an average of 45 fatalities per day involving an alcohol-impaired driver—and rose to 54 deaths per day over the New Year’s holiday.

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 Posted on January 26, 2015 in Uncategorized

It is not required by law in Texas for businesses to have workers compensation insurance. However, when an employer does carry this insurance in Texas, then their employees are protected in case of accidental injury or death at work. In most cases, benefits will be awarded regardless of fault, unless the injury was due to roughhousing, inebriation or other circumstances that disqualify an employee from benefits. If the employee and the insurance company cannot agree about a workers compensation claim then that is a dispute. An employee’s entitlement to benefits is just one example of a possible workers compensation dispute. Additional disputes can be about the extent of the injuries, the selection of medical professionals, kinds of treatments and amount of benefits that should be paid. In cases like that it is important to contact your company’s insurance company and try to work through the issue with an adjuster. If that does not resolve the dispute then you should contact the Texas Department of Insurance, Division of Workers Compensation (TDI-DWC) to seek a resolution. A worker who decides to take this step is wise to seek legal representation because successfully completing the dispute resolution process outlined below can allow you to settle out of court. The TDI-DWC has a multiple step program in place to solve these complaints. The first stage is the Benefit Review Conference (BRC). This is an informal meeting at a TDI-DWC office between the injured worker and a representative from the insurance company. At the meeting, a discussion will take place about the issues with a Benefit Review Officer. If a compromise can be met, then a written agreement is crafted by the Officer, which can be signed by both parties and becomes legally binding. If a BRC does not resolve the issue, you can try arbitration. A third party arbitrator will be assigned to the case to listen to each side of the disagreement. After each side has a chance to explain, the arbitrator will confirm a settlement that is final and cannot be appealed. If you choose not to try arbitration, another option is to hold a Contested Case Hearing (CCH). A hearing officer settles the parts of the dispute that were not concluded in the BRC in a more formal setting. The difference between a CCH and arbitration is that a decision made by this officer can be appealed. Rather than conducting an additional meeting, each party submits a written statement to start the appeals process. The appeals panel will write a decision, which would consider the hearing officer’s decision as well as the record from the CCH. The only other recourse to resolve the dispute is to take the claim to court. Disputing a workers compensation resolution is an arduous process. It is important to have legal representation to present your case both in formal meetings and through written communication. If you are having an issue resolving these kinds of issues, then contact an experienced workers compensation attorney in New Braunfels today.

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 Posted on January 22, 2015 in Uncategorized

The start of the New Year brings with it a new state legislative session, where bills will be introduced and new laws passed. Many of those bills will possibly involve proposals to enact laws which are aimed at reducing the number of traffic accidents with the goal of keeping drivers and passengers safer on the roads.

One Texas citizen advocacy group recently announced the issues they are asking lawmakers to make a priority this year. Texas Watch is a non-profit, non-partisan organization which keeps watch over the actions of insurance companies and corporations act responsibly for their customers. The organization has been advocating for Texas citizens since 1998.

The group has put together the Safe Texas Agenda, which its director says, outlines the “common sense steps to put the safety of Texas families and small business owners first” that lawmakers should make a number one priority to follow.

The issues on the agenda include:

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 Posted on January 20, 2015 in Uncategorized

Motorcyclists face their own risks separate from drivers who operate four-wheel vehicles. Due to several factors, including the difference in size and speed between a car and motorcycle, both types of licensed drivers need to be fully aware of each other on the road to prevent accidents from occurring. Motorcycles are less visible to other drivers and pedestrians and are more vulnerable to hazardous weather and road conditions, which may lead to an increase in safety concerns.

According to the Insurance Information Institute, when it comes to crashes involving motorcycles, statistics revealed:

• 4,668 fatalities in 2013;
• 88,000 injuries in 2013;
• An accident fatality was 26 times more likely to involve a motorcyclist than a passenger car occupant; and
• Accident injuries were five times more likely to involve a motorcyclist than a passenger car occupant.

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 Posted on January 16, 2015 in Uncategorized

The statistics from Mothers Against Drunk Driving (MADD) are frightening. Every day, 300,000 people drive drunk, yet only 4,000 are arrested. Every day, 28 people are killed in car accidents caused by drunk drivers. Why do so many people get behind the wheel of a car when they have been drinking? In surveys conducted in 2012, over 29 million people admitted to driving after they had been drinking. That number is more than the entire population of the state of Texas. The problem is many people who have had a few drinks do not always realize that they may be impaired. Alcohol impairment has nothing to do with the kind of alcohol you have consumed, but instead it is determined by the amount of alcohol you drink and the period of time you drink it in. In an effort to combat drunken driving accidents, there have been many apps developed that people can download on their smartphones, which will help them determine if they have had too much to drink and should not get behind the wheel of a car. One example is the BreathalEyes app, which uses the phone camera to record a user’s Horizontal Gaze Nystagmus (HGN). This is what law enforcement checks during a sobriety field test. HGN is when a person’s eye twitches or jerks when they look to the left or to the right. This commonly occurs when a person has been drinking alcohol. Some states have developed their own apps to help stop drunk drivers. Maryland has recently launched the ENDUI app, which estimates users’ blood-alcohol level. The app also has two games which can test users’ cognitive abilities. Wisconsin developed the Drive Sober app, which offers several options. The app estimates what the user’s blood alcohol content is and gives either a red or green light to drive. The app also offers Find A Ride and Designated Driver Selector features. Whether a person uses an app or not, the responsibility of not getting behind the wheel of a vehicle unless a person is sober lies with the person themselves. If you have been injured in an accident caused by drunk driver, contact an experienced New Braunfels personal injury attorney to find out what legal recourse you may have against the negligent driver.

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