Posted on May 03, 2013 in Uncategorized

Did you know that every three hours a person or vehicle is hit by a train? According to the Federal Railroad Administration, a branch of the Department of Transportation, injuries and accidents can be prevented with simple tips and wise choices.

Trains come in two different transportation modes: freight and passenger. Passenger trains run on a schedule and can change, while freight trains do not have a set time frame. Since the system is unpredictable, it is important to never take for granted a train’s comings or goings. At every intersection, pay attention to what is going on and always act as if a train is coming. It is important to always take the necessary precautions.

An average train weighs between 200 to 6,000 tons, depending on the cargo, and can squish a car like a soda can. A train’s extreme weight and lack of ability to stop immediately give it way to all other vehicles, including emergency vehicles. So if you are walking on the tracks, know that a train is not able to stop for you either. Roughly stating, it takes about 18 football fields for a train to stop completely on the tracks. Be careful!

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 Posted on April 29, 2013 in Uncategorized

Being in a car accident can be traumatic and in the case of serious injury, life changing. In most cases, both drivers involved tend to blame the other driver for the accident and no one wants to take the blame themselves. So how is the fault determined in an accident?

There are several factors that are considered. The law enforcement agency is just one part of assessing the fault. While a law enforcement agency does not actually determine who was at fault, they are the ones that will collect evidence that will support the decision of who was at fault. It is usually an insurance investigator that will gather the information that is collected by law enforcement and determine fault. This evidence will include things such as the statements that are made by the drivers as well as any eye witnesses that were at the scene. There will also be photos taken and if applicable any video footage that was obtained at the scene as well as any other physical evidence that is available.

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 Posted on April 25, 2013 in Uncategorized

With almost any case that can be brought before a court of law, there is a statute of limitations that is implemented. A statute of limitations is a time limit during which legal action can be taken after a crime occurs. The statute of limitations is set by the state of Texas legislature and serves a dual purpose. The first purpose is that it gives the plaintiff enough time to make the decision if they really want to file a suit. The second purpose is that it protects the defendant from being able to be sued for an indefinite amount of time. So how does this statute of limitations affect your case?

In the state of Texas, the statute of limitations for car accidents is two years. That means that you have two years from the date of the accident to file and settle a suit for personal or property damage in a court of law. This statute does not apply to the filing of an insurance claim, however. Most insurance companies require that you file your accident claim within 30 days of the accident. (Check with your insurance provider for details) Many accidents end up being settled and do not end up going in front of a judge. However, settlements can take time.

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 Posted on April 21, 2013 in Uncategorized

Those of us who desire to be parents dream of having a healthy, happy child as we wait patiently for nine months for the little one to arrive. Taking care of every health detail becomes an obsession. So when a child comes out and something is wrong, be it genetics or the poor healthcare that caused it, the new parents want to find the best solution to help their child. Cerebral Palsy (CP) is one possible problem that can be caused by nature or the by healthcare professionals.

CP affects muscle tone, movement and motor skills and affects about 500,000 adults and children. It is a disorder that can happen before birth, during birth or 3-5 years after birth.

There is no cure for this brain damage and it can hamper things such as vision, hearing, speech and learning. Therapy, special equipment and even surgery can help, but again, there is not a cure. Though most of the time the cause is unknown, there are times when it can be the fault of the health professional.

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 Posted on April 18, 2013 in Uncategorized

If you have been injured in a car accident, you may be entitled to compensation for your injuries. The amount of money you get from a personal injury settlement depends on the type of injuries you have sustained in the accident and how well you are able to prove your pain and suffering, according to an article. The more severe your injuries are, the higher the settlement will be. There are two general categories for car accident injuries, soft and hard injuries. Most injuries sustained in auto accidents are soft injuries. Soft injuries only concern muscles and other soft tissue. For example, sprained knees or ankles, back spasms, and similar injuries are soft injuries. Often these types of injuries are not severe or life-threatening. Therefore, settlement amounts for these kinds of injuries are usually low. It is also often difficult to prove just how severe a soft injury is because they are subjective. Hard injuries are more serious and can be permanent and life-threatening. In most cases, it is easier to prove a hard injury in a court than a soft injury. Personal injury settlement amounts for hard injuries are often big. There are different types of hard injuries from head injuries to spinal injuries, all of which can seriously threaten your long term health. The bottom line is that the type of injury plays an important role in determining the amount that you will receive in a settlement. A soft injury will likely get you an amount equal to your medical expenses and loss of income. The amount of the settlement for a hard injury on the other hand will be significantly higher because they are more painful and easier to prove in court. If you have sustained injuries in an auto accident, you may be eligible for compensation. Contact a skilled personal injury attorney in New Braunfels, Texas today.

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 Posted on April 14, 2013 in Uncategorized

Accidents are bound to happen. Usually we expect them to occur outside of our homes, however, accidents can happen right in your own home. Even worse yet, you could have people over, whether invited over or not, who can be injured on your property and hold you accountable. Know what your basic insurance coverage is so you can be prepared in case of an accident.

You protect yourself with liability insurance for your vehicle, so it only makes sense for you to cover yourself with home liability insurance. Every insurance carrier is different, as is every insurance policy, so check with your insurance carrier for details. This type of policy is intended to cover the homeowner if someone were to get hurt or incur any type of injury on the homeowner’s property. This type of coverage is meant to protect the homeowner against someone suing for negligence, such as something structural falling and hitting someone. It also covers anything someone 13 years of age or younger does. Dog bites fall under this type of insurance as well, if if the dog does not have a history of being violent. Natural disasters are covered such as if a wind-blown tree knocks into a car.

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 Posted on April 11, 2013 in Uncategorized

Ever wonder what someone must go through in order to become a truck driver? How they are able to maneuver such a large vehicle with precision without causing a truck accident? How can they possibly stay in a small cab, seated for hours upon hours and not be in excruciating pain? In order to answer any of the above questions, you must realize that physicals are an important part of receiving a Commercial Drivers License (CDL). In order to avoid truck accidents, the Department of Transportation requires individuals to take, pass and prove, with a Medical Examiner’s Certificate, that they are able to safely drive a commercial vehicle. The physical requirements from the US Department of Transportation are clear and concise in order to avoid accidents.

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 Posted on April 08, 2013 in Uncategorized

Most of us, if not all, are aware that workers should be compensated for work-related injuries. However, very few of us are actually aware of when those laws were put in place and how it happened. The Texas Medical Association recently posted an article addressing the history of workers’ compensation laws.

The entire concept of compensating workers for injuries suffered while on the job and the fact that it should be done by the government originated in Europe. It did not spread to the United States until the beginning of the 20th century. In the state of Texas specifically, the first workers’ compensation law was put into effect in 1913. The trend grew very quickly, and today all 50 United States and the District of Columbia have Workers’ Compensation laws.

According to the article, the United States Supreme Court ruled that states could legally require employers to provide compensation to those workers who had been injured on the job. Because of this, many states went back and revised their current laws in order to incorporate mandatory Workers’ Compensation. Texas revised its law in 1917, only four years after its original creation. However, Texas chose to keep voluntary employer participation in its law. Currently, Texas is the only state with this as part of their Workers’ Compensation law. They allow employers to choose whether or not to provide compensation to injured workers. However, public employers, and employers who enter into a contract with a government entity must provide Workers’ Compensation.

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 Posted on April 05, 2013 in Uncategorized

Most people use cars daily to go to work, run errands, and visit friends and family. While cars allow us to get to where we need to be in a timely fashion, they sometimes create more of a hassle. If the cars are involved in accidents with other cars, then there could be increased traffic for other drivers and headaches for those involved in the wreck. Following these instructions can limit the opportunities for car crashes to create more problems.

The first step in dealing with a car accident is to assess the well-being of those involved. If anyone is injured it is important to call 911 and receive medical attention, even if there is any doubt. It may also be necessary to move your vehicle out of harm’s way or set up cones and signal flares to warn other motorists and eliminate additional accidents. Also, call the police and your insurance agency to have a record of the accident.

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 Posted on March 31, 2013 in Uncategorized

While their truck was being pursued by police, six suspected undocumented immigrants were killed and nine were injured after crashing into a security barrier at the Naval Air Station in Kingsville Texas. Spokesman for the Naval Air Station Jon Gagne said that the gate guard tried to greet the vehicle, a 1996 GMC Sierra pickup, as it approached the gate that night, but the driver sped through without stopping. According to Senior Cpl. Charlie Ramirez, pop-up barriers were activated beyond the gate, which the vehicle crashed into. “There are two guardhouses when you enter the grounds of the base,” said Ramirez. When the vehicle did not stop at the first door and tried to enter the naval base, the guards activated the safety barrier, and the car crashed head on. Accidents involving undocumented immigrants on or near the border have become more frequent as U.S. border security has been improved and immigrants have taken more drastic measures to enter the country. In April 2012, four undocumented immigrants who were traveling in Texas’ Rio Grande Valley were injured when their truck rolled over several times. Just days later, nine more undocumented Mexican immigrants were killed when a minivan carrying 19 people rolled over in Palmview, Tex. Palmview authorities reported that the accident happened only blocks away from where the Border Patrol had conducted a traffic stop. The driver had stopped for a brief moment but then sped off in a failed attempt to get away with his human cargo. All of these accidents were caused due to smugglers overloading their vehicles in order to maximize their profits. Captain Tom Copeland from the Goliad County Sheriff’s Officer said, “The more people he can pack into a vehicle and get through, the more money he makes.” Following a July 2012 accident in which 15 people were killed. He added, “It’s a tragedy for the families that are wondering if their family members made it.” If you have been injured in a car accident, perhaps caused by these smugglers, contact an accidents attorney today. Attorneys at the Bettersworth Law Firm can assist you in Texas court today.

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