Posted on May 19, 2013 in Uncategorized

Once the scene of the accident is cleaned up, there is still plenty of work that needs to be done. One of the things that is ongoing is the actual investigation of the accident. The investigation needs to be done in order to determine who was at fault and how the accident occurred. The accident investigation will also determine whether there will be any criminal charges filed. This investigation can also be the cornerstone of a personal injury lawsuit.

The first step in the investigation is to do a forensic interview with the driver of the vehicle that caused the accident. This is an in depth interview that will chronicle everything that the suspect did in the last 24 hours. This includes everywhere he went, anything that he consumed etc. The investigator will also assess whether stress or fatigue were a factor. The law enforcement officer will have already done a field sobriety test and/or a breathalyzer test if alcohol was believed to be a contributing factor.

The investigator will also interview any witnesses that were present at the time of the accident as well as the people who were with the driver prior to the time of the accident. This will help determine how the driver was acting before he got into the car. This is especially true if the driver was intoxicated. If there is an issue with alcohol or other intoxicants, the investigator will determine whether the accident would have happened in the absence of this intoxicant.

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 Posted on May 15, 2013 in Uncategorized

In the state of Texas, vehicular homicide is a felony offense. Here, it is defined as “the willful killing of a human being through the use of a motor vehicle.” This offense is much different from other crimes such as negligent homicide. The criminal penalties for this very serious offense can vary depending on several different variables.

Individuals convicted of vehicular homicide can be sentenced to up to 20 years in prison. In Texas, vehicular homicide includes the killing of any human being, including a fetus being carried by a pregnant woman. Once the offender is released, there will be additional restrictions based on the terms of the parole and probation agreement.

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 Posted on May 08, 2013 in Uncategorized

There is a lot of evidence that drinking alcohol and then driving can cause car accidents. That is why there are laws which regulate alcohol consumption and designate a range of acceptable intoxication. The state of Texas finds that being “intoxicated” means that normal mental or physical functioning is impaired. Driving under the influence of marijuana including prior to three hours of smoking can also be detrimental according to multiple studies. Since the 2009 National Survey on Drug Use and Health estimates that over 10 million Americans have driven under the influence of marijuana, this is no small deal. A study conducted by the Dalhousie University in Canada compiled the statistics of nine other studies which studied marijuana’s effects on car accidents from all around the world. Overall, more than 49,000 people who were involved in accidents were under the influence of marijuana. That lead these researchers to conclude that people who smoked weed before driving were almost two times more likely to cause car accidents. “Despite being regulated in many jurisdictions, cannabis (marijuana) is the most widely used illicit substance in the world,” the report stated in the British Medical Journal. The report also suggests “that cannabis impairs performance of the cognitive and motor tasks necessary for safe driving, increasing the risk of collision.” It may be difficult to avoid car crashes even if you are as careful as possible. But if you are injured because of the negligence of someone else, it is good to know that they may be liable for damages such as medical bills and lost wages. Filing a personal injury lawsuit can also help you deal with the emotional trauma that you have experienced from the accident. Contact a skilled personal injury attorney in New Braunfels who can represent your interests.

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 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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