Saturday, May 20, 2023

Staying Safe This Memorial Day Holiday

Each year, millions of Americans look forward to the holiday. Often heralded as the unofficial start to summer activities: Memorial Day. Many receive the day off, spend time with family, and enjoy outdoor leisure activities. In many places, Memorial Day is also the marker for aquatic areas like pools, splash pads, and water parks to officially open their gates. However, as with all holidays, it’s important to know the best ways to stay safe while celebrating. Here are some of our top tips for being safe this Memorial Day holiday.

Practice Water and Pool Safety

While pools and water parks are fun for Memorial Day celebrations with family, it is integral to maintain proper water and pool safety. Ensure that young children are not swimming without a chaperone and that all who choose to swim are sufficient swimmers.

Grill Out Safely

One of the biggest hazards on Memorial Day is grilling. It would be best if you always remembered proper grilling safety: that means never grilling indoors, keeping your grill out from underneath low-hanging trees, protecting yourself with grilling mitts and long-handled grill tools, and always following the manufacturer’s instructions for setting up and use of your grill.

Get a Designated Driver

Many Memorial Day plans include drinking. While drinking responsibly is a popular and normal way to celebrate many life’s moments. It’s important to plan if you know you’ll be ingesting alcohol. That means you should get a designated driver ahead of time so you aren’t put in a hard position when it’s time to go home.                                

Practice Cautious Driving on Road Trips

Many families and friend groups choose to travel over the long Memorial Day holiday. It’s important that on any long drive, you stay safe. That means you should buckle up, use proper car seats for infants and toddlers, reduce distraction by staying off your phone while behind the wheel, and always practice defensive driving. If you’re going on an especially long drive, consider splitting it up into numerous drivers to avoid anyone getting drowsy as they drive.

Contact Herrman & Herrman P.L.L.C. at 361.882.4357

Our firm is equipped with over 100 years of combined experience handling personal injury cases across Texas. Our outstanding record of favorable settlements and verdicts includes over 20,000 successfully resolved cases. Once we take on a case, we are relentless, and you can rely on us to pursue full compensation for you.

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Thursday, May 11, 2023

Prepping for Hurricane Season in Texas

Hurricane season is dangerous in any state in the country. Following Hurricane Harvey in 2017, you should be even more vigilant about your hurricane preparation if you live in Texas. Hurricane season in Texas is from June through November, but it’s important to know the proper ways to prepare your home and family at all times throughout the year. Here’s how you can keep your home, property, and family safe during this period of potentially catastrophic weather.

5 Ways to Prepare Your Home for a Hurricane

1) Review Your Current Insurance and Consider Getting Storm Insurance

When you move to a place that experiences frequent storms, especially dangerous ones like hurricanes, you should review your current home insurance to make sure you are educated on what is covered by your policy. You may also want to consider expanding your policy or purchasing storm insurance.

2) Secure and Seal Your Roof to Prevent Leaks

Before storm season hits, make sure you invest in the “health” of your roof. Invest in roof sealants to protect your roof from leaks, and ensure that you are getting your roof regularly checked so there are no surprises come hurricane season.

3) Seal Your Windows and Doors

Another tip for preparing your home for hurricanes is to seal up your windows and doors. If you feel a draft from either of these areas, that means water and damaging winds could get through. Seal up this susceptibility as soon as possible.

4) Clear Your Lawn

While your lawn may be landscaped to perfection, you may need to bring in those cute cushioned lawn chairs and decorations. In a large wind from a hurricane, these things can be thrown about and wreak havoc on your home.

5) Reinforce Your Garage Door or Secure Your Car Port

If you have a garage or a carport, that can be a liability during a storm. Make sure that if you have a garage, you reinforce your garage door to avoid it being torn off by heavy winds. The same goes for a carport or even a covered porch. Secure the carport to the side of your house and make sure all columns attached to it are firmly in the ground.

Hurricane Season IS HERE

Like many coastal towns in South Texas, McAllen is not immune from hurricanes. Each year the residents of McAllen are on the lookout for these tremendous storms which could devastate the coastal bend. Whether you’re planning a weekend to the beach or an evacuation, it’s important to stay informed during hurricane season and be prepared for the worst-case scenario.

Hurricane season runs from June 1st through November 30th. This broad period extends essentially for the entirety of summer with peak hurricane weather occurring from August through late October. It’s important to stay vigilant during the summer as we know hurricanes are a very dangerous natural disaster.

We are all aware of what happened to south Texas last summer. Hurricane Harvey rocked the coastal bend leaving destruction and carnage for the citizens to clean up. Many fled to San Antonio and McAllen for refuge. This is a year that McAllen was fortunate. However, we cannot expect that same outcome in the future.

On average, a typical hurricane season will produce 12 tropical storms in the Atlantic basin which includes the Caribbean and Gulf of Mexico. Of these 12 tropical storms, roughly half will reach the level of hurricane status. To be considered a hurricane, the wind speed must reach 74 miles per hour.

It’s important to stay plugged into news sources that cover weather in your local area. Hurricanes are typically slow-moving storms that give you plenty of time to prepare for if you’re informed. The good news is you can completely avoid the storm altogether if you have the proper notice.

Creating and implementing a plan with the family about how to evacuate the residency will give you an advantage if a hurricane is approaching. If you plan on toughing it out at home during the storm, you need to have certain supplies as the storm could last for several days. Having a survival kit with nonperishable food items is key. Often overlooked, it’s also imperative to have enough water for each person. Other items include a battery-powered radio to stay informed during the storm, medical kit, important personal documents, and battery powered lights or candles.
While there’s no telling if this is the year that McAllen or a city in the Rio Grande Valley will be struck by a severe storm this hurricane season, there is always a significant chance. It’s best to be prepared and get to enjoy the summer without worry rather than try to manufacture a plan as the hurricane makes its way towards you and loved ones.

Healthcare Facilities in McAllen And Surrounding Areas Are Preparing For Hurricane Season

As you probably know, hurricane season is slowly approaching. Last year, Hurricane Harvey hit the coast of Texas in August 2017. During this catastrophe, no one was prepared for the destruction that would take place. However, this year the situation is quite different – and people are more prepared than ever before.

The hurricane season in Texas begins June 1st and continues through November. According to the National Hurricane Center, the most vulnerable areas are the ones around the Gulf and Atlantic Coast – all due to their topographical makeup and heavy population.

This certainly includes the major cities in Texas, but also areas like McAllen, Brownsville and the Rio Grande Valley. During the annual National Hurricane Preparedness Week, many officials urge individuals to get ready and prepare for the hurricane season. Some of the key things to have in mind include:

  • Creating a plan for your family
  • Having an emergency kit
  • Preparing to evacuate (both your home and vehicle)
  • Creating evacuation routes

Still, the biggest focus this year when it comes to the hurricane season – is put on the healthcare facilities that are expected to work full-steam from June to November. Currently, the city of McAllen, Texas, as well as the surrounding cities, are all gathering resources, organizing themselves and preparing plans that will help us all tackle what Mother Nature has in store for us this year.

According to Texas Governor Greg Abbott, early preparation is what makes the difference between life and death when hurricanes (like last year’s Harvey) occur. As he stated:

“The impending hurricane season presents the potential for powerful storms and dangerous conditions across the state that could endanger lives and cause extensive damage — something many Texans have already endured this year. I encourage all residents to be mindful of the dangers, closely monitor weather warnings in their areas and always comply with evacuation orders issued by local officials.”

If you or someone you know needs assistance during a disaster this hurricane season, make sure to register for the State of Texas Emergency Assistance Registry (STEAR). To do that, contact 211 Texas, the states’ free helpline or dial 877-541-7905 for community resources no matter where you live in Texas.

Get Hurricane Insurance

Many in Texas and other coastal states choose to get hurricane and storm insurance. This is especially vital if you live close to the water. Storm insurance is often added to your standard home or car policy. Even though it’s an add-on insurance product, it should be taken very seriously. Make sure you purchase a policy that is adequate to cover the loss of your property. Take photos and make a list of everything of value that you would need to replace in the event of a storm.

Hurricane insurance is a type of insurance policy that provides coverage for damages or losses caused by hurricanes. A hurricane is a severe tropical storm that is characterized by strong winds, heavy rain, storm surges, and flooding. Hurricane insurance can help protect homeowners, renters, and businesses from the financial impact of hurricane-related damage.

Hurricane insurance policies typically cover damage to a building’s structure, as well as its contents, caused by hurricanes, tropical storms, and other wind-related events. The coverage can include damage caused by wind, rain, hail, and storm surges, and may also cover additional living expenses if the policyholder is forced to relocate due to the damage.

It’s important to note that hurricane insurance is often a separate policy or endorsement that is added to a standard homeowners, renters, or commercial property insurance policy. The coverage and premiums for hurricane insurance can vary depending on the specific location and level of risk for hurricanes in the area.

Preparing for an Imminent Storm

If you are on hurricane alert or a hurricane warning in your area, you should read up on how you can prepare. Make sure you secure all windows and doors in your home with thick plywood or hurricane shutters. Buy enough non-perishable food and clean water to make sure you can survive a longer stay-at-home order. Store extra water for sanitation purposes as well. You should also make an at-home first aid kit in case of emergency. You may also want to purchase a generator for your home. If you live on a property that can accommodate it.

Preparing for a hurricane can help you and your loved ones stay safe and minimize damage to your property. Here are some steps you can take to prepare for a hurricane:

  1. Stay informed: Monitor the weather reports and any alerts or warnings issued by local authorities. Follow their instructions for evacuation or sheltering in place.
  2. Create a disaster preparedness plan: Make a plan with your family or household members for what to do in the event of a hurricane, including where to go, what to bring, and how to communicate with each other.
  3. Stock up on emergency supplies: Have a stockpile of emergency supplies, such as food, water, batteries, flashlights, and first aid supplies. Make sure you have enough supplies to last for several days.
  4. Protect your property: Install storm shutters or board up windows and doors to protect against high winds and flying debris. Secure loose objects outside that could become projectiles in high winds.
  5. Have important documents and valuables ready to go: Keep important documents, such as insurance policies, passports, and birth certificates, in a waterproof and portable container. Have a plan for how to transport valuables or sentimental items.
  6. Evacuate if necessary: Follow the instructions of local authorities and evacuate if you are in a mandatory evacuation zone. Bring your emergency supplies and important documents with you.
  7. Stay safe during the storm: Stay inside and away from windows and doors. If you lose power, use generators or other fuel-powered devices outside and away from windows and doors to avoid carbon monoxide poisoning.

Preparing for a hurricane can take some time and effort, but it can help you and your loved ones stay safe and minimize damage to your property.

Don’t Be Scared. Be Prepared.

Living in the coastal bend, hurricanes are not an uncommon occurrence during hurricane season. Hurricane season starts on June 1st each year and lasts until November 30th.

Hurricanes are enormous, spiraling storms that can let loose more than 2.4 trillion gallons of rain per day and can reach winds speeds of 160 miles per hour. Hurricanes are formed by warm, moist air in combination with warm water. These storms can have a significant impact on individuals, communities, animals, and the environment. Although hurricanes can be beneficial to our oceans and to coral reefs by breaking them down and allowing for new ones to grow, the amount of dissolved oxygen in the ocean, along with rapid salinity changes, can result in vast amounts of dead fish, turtles, oysters, and crabs. The high currents can also cause oil pipelines to break, displace a large amount of sand on the seabed, and relocate shipwrecks.

Strengthen Community Resilience

Some scientists believe that global warming has and will continue to play a large role in hurricanes forming. The latest research suggests that more hurricanes are yet to come, along with higher wind speeds, increased precipitation, and bigger storm surges. Due to global warming, fresh water is warming, sea levels are rising, and ice is melting. It is averaged that sea levels are expected to rise by 1-4 feet during the next century, which is believed will help boost storm surges. Although there is no definite way to prevent a hurricane, there are a number of ways a community can help strengthen their resilience and lessen the impact of a hurricane by:

  • Preserving coastal wetlands to absorb storm surges
  • Replenishing beaches and improve infrastructure, such as seawalls
  • Raising vulnerable buildings to lessen flood damage
  • Constructing structures to be resilient to any flying debris and high winds
  • Acting out policies that discourage development in highly vulnerable areas

Know Where to Go

Depending on the strength of the storm, a mandatory evacuation can be put in place by local officials. Some people choose to evacuate voluntarily, while others prefer to wait out the storm in their own homes. Families should have a plan in place if they are forced to leave their homes behind such as:

  • Check local evacuation routes before leaving home
  • Make arrangements to stay with family, friends, or at a hotel
  • Listen to local news and radio stations for continuous updates on weather conditions
  • Make a supply kit for emergencies with items such as water, food, flashlights, batteries, money, clothes, personal identification, social security cards, as well as necessary medications. (This applies to evacuations and non-evacuations)

Preparing Your Home

There are also ways one can get prepare their home for a hurricane whether they choose to evacuate their home or not.

  • Covering all windows and doors with hurricane shutters or boards to help prevent damage from flying debris
  • Staying indoors and away from all windows and doors
  • Head and foot bolts can be placed on doors for extra protection
  • Designate a safe room; preferably a room with no windows

Hurricane Harvey and PRICE Gouging: Who Can You Trust?

If you have turned on the TV in the last two weeks, you would have almost certainly seen coverage on Hurricane Harvey. “[Harvey] is an active tropical cyclone that is causing unprecedented and catastrophic flooding in southeastern Texas. It is the first major hurricane to make landfall in the United States since Wilma in 2005, ending a record 12-year period with no major hurricanes making landfall in the United States. Harvey is also the first hurricane to hit the state of Texas since Ike in 2008, and the strongest to hit the state since Carla in 1961. In addition, it is the strongest hurricane in the Gulf of Mexico since Hurricane Rita in 2005 and the strongest to make landfall in the United States since Hurricane Charley in 2004. It joined Matthew as one of only two U.S. hurricanes to cause an extreme wind warning to be issued, indicating “tornado-like winds” within the storm including isolated tornadoes.

The eighth named storm, third hurricane, and the first major hurricane of the 2017 Atlantic hurricane season, Harvey developed from a tropical wave to the east of the Lesser Antilles, reaching tropical storm status on August 17. The storm crossed through the Windward Islands on the following day, passing just south of Barbados and later near Saint Vincent. Upon entering the Caribbean Sea, Harvey began to weaken due to moderate wind shear and degenerated into a tropical wave north of Colombia early on August 19. The remnants were monitored for regeneration as it continued west-northwestward across the Caribbean and the Yucatán Peninsula, before redeveloping over the Bay of Campeche on August 23. Harvey then began to rapidly intensify on August 24, regaining tropical storm status and becoming a hurricane later that day. While the storm moved generally northwestwards, Harvey’s intensification phase stalled slightly overnight from August 24–25, however, Harvey soon resumed strengthening and became a category 4 hurricane late on August 25. Hours later, Harvey made landfall near Rockport, Texas, at peak intensity.[1]

There have been reports that Store Owners in Corpus Christi, TX and other hurricane-affected areas have been gouging prices on survival essential items, like canned food and water. Texas law prohibits businesses from charging exorbitant prices for gasoline, food, water, clothing, and lodging during declared disasters. The Texas Governor declared a disaster early in the Hurricane Harvey Destruction.

Attorney General Ken Paxton’s office received more than 75 consumer grievances related to Hurricane Harvey price gouging from Thursday to Friday, as reported by the Houston Chronicle Friday.

There were photos taken of the Academy Sports and Outdoors in Corpus Christi, TX that was trying to sell cases of water for $42/ case. If you have evidence of a store committing the crime of price gouging, please report the crime to AG Ken Paxton’s office.

[1] https://en.wikipedia.org/wiki/Hurricane_Harvey

Hurricane Aftercare

After a hurricane has blown through your area, it’s important to take stock of everything that has been damaged. After you do this, you should contact the insurance provider through whom you have storm coverage. If you need help navigating the process or believe that you were not paid out adequately for the damage you incurred, you can contact an experienced insurance attorney in your area.

After a hurricane, it’s important to take certain steps to ensure your safety and start the recovery process. Here are some steps to take for hurricane aftercare:

  1. Stay informed: Continue to monitor local news and follow the instructions of local authorities for any recovery efforts, such as debris removal or curfews.
  2. Assess the damage: Take photos or videos of any damage to your property and contact your insurance company to report the damage and start the claims process.
  3. Make any necessary repairs: Repair any damage to your property as soon as possible to prevent further damage or safety hazards.
  4. Avoid dangerous areas: Avoid standing water, downed power lines, and other hazardous areas until they have been cleared by authorities.
  5. Check on your neighbors: Check on your neighbors, particularly elderly or vulnerable individuals, to ensure their safety and offer assistance if needed.
  6. Document any expenses: Keep track of any expenses related to the hurricane, such as repairs or emergency supplies, as they may be covered by insurance or eligible for tax deductions.
  7. Seek support: If you are experiencing emotional distress or trauma as a result of the hurricane, seek support from friends, family, or mental health professionals.

Recovering from a hurricane can be a long and challenging process, but taking these steps can help you stay safe and start the recovery process as soon as possible.

Contact Herrman & Herrman P.L.L.C. at 361.882.4357

Our firm is equipped with over 100 years of combined experience handling personal injury cases across Texas. Our outstanding record of favorable settlements and verdicts includes over 20,000 successfully resolved cases. Once we take on a case, we are relentless, and you can rely on us to pursue full compensation for you.

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Wednesday, May 3, 2023

World Ovarian Cancer Day

What is World Ovarian Cancer Day?

World Ovarian Cancer Day was established in 2013 by the World Ovarian Cancer Coalition. The day is recognized worldwide on May 8 to raise awareness about ovarian cancer and acknowledge the suffering of people with ovarian cancer and the efforts of their families. World Ovarian Cancer Day’s social media reach has grown significantly over the past few years, from 3 million in 2020 to 18 million in 2021 to 28 million in 2022.

Per Globocan’s 2020 data, ovarian cancer is the 8th most common cause of death from cancer and the 7th most common among women globally. More than 300,000 women are diagnosed, and 207,000 die from the disease every year.

Early symptoms of ovarian cancer are generally subtle, leading to a longer time before the disease is diagnosed. It is critical to know the signs and see your doctor quickly. Common symptoms include abdominal or pelvic pain, increased abdominal size, bloating, changes in bowel habits, eating less while feeling fuller, urinating more often or urgently, and fatigue. If you experience these symptoms for two weeks, visit your doctor.

How can you raise awareness?

Use your voice to get involved and increase awareness of ovarian cancer. Raising awareness leads to action, and action saves women’s lives. Using your voice can be as straightforward as a social media post urging others to learn and share ovarian cancer, or you can organize your friends to all wear teal outfits and share photos to increase the reach of your message.

 

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Sunday, April 30, 2023

May is Motorcycle Awareness and National Bike Month

May is Motorcycle Awareness and National Bike Month.

National Motorcycle Bike Month is a month-long celebration held annually in the United States to promote motorcycle safety, awareness, and camaraderie among motorcycle enthusiasts. The month of May is designated as National Motorcycle Bike Month, and various events and activities are organized throughout the country to engage riders and raise awareness about motorcycle safety.

The origin of National Motorcycle Bike Month dates back to the early 1980s when the Motorcycle Riders Foundation (MRF), a leading advocacy organization for motorcyclists’ rights, started promoting May as Motorcycle Awareness Month. Over the years, the event has gained momentum and has been recognized by motorcycle clubs, organizations, dealerships, and individual riders across the country.

During National Motorcycle Bike Month, motorcycle safety is a key focus. Many events and activities are geared towards educating riders and promoting safe riding practices, including rider training programs, safety seminars, and awareness campaigns. These initiatives aim to reduce motorcycle accidents and promote responsible riding habits, such as wearing appropriate protective gear, obeying traffic laws, and being vigilant on the road.

National Motorcycle Bike Month also serves as a platform for motorcycle enthusiasts to come together and celebrate their passion for motorcycles. Various social events are organized, such as group rides, charity rides, bike shows, and rallies. These activities provide opportunities for riders to connect, share their experiences, and build a sense of community among motorcyclists.

In addition to safety and camaraderie, National Motorcycle Bike Month also highlights the economic impact of motorcycling. The motorcycle industry contributes significantly to the U.S. economy through the sales of motorcycles, parts, accessories, and services. National Motorcycle Bike Month often features promotions and discounts at motorcycle dealerships, encouraging riders to support the industry and stimulate economic activity.

Overall, National Motorcycle Bike Month is a month-long celebration that promotes motorcycle safety, awareness, and camaraderie among riders. It provides an opportunity for riders to come together, learn about safe riding practices, and celebrate their love for motorcycles while also highlighting the economic impact of the motorcycle industry.

Motorcycle accidents are a significant concern as they can result in serious injuries or fatalities. According to the National Highway Traffic Safety Administration  (NHTSA) in the United States, in 2019 (the most recent year with available data), there were 4,985 motorcyclists killed in motor vehicle crashes in the U.S., accounting for 14% of all traffic fatalities that year. Additionally, motorcyclists are about 29 times more likely to die in a crash than passenger vehicle occupants per vehicle mile traveled.

The causes of motorcycle accidents can vary and may include factors such as speeding, alcohol or drug impairment, distracted driving, lack of proper training or experience, inadequate protective gear, and other road user behaviors. Motorcycle safety organizations and government agencies continually work to raise awareness, promote safe riding practices, and implement measures to reduce motorcycle accidents, injuries, and fatalities.

It’s important to note that motorcycle accident statistics can vary by region, country, and year, and the most up-to-date and accurate data on motorcycle accidents can be obtained from reliable sources such as government agencies, traffic safety organizations, and official accident databases.

Top 6 Motorcycle Safety Tips

Motorcycles can be an exhilarating and stylish way to get around, but unfortunately, they can also be incredibly dangerous without the proper training and equipment. Taking a motorcycle cruise through scenic locales like mountains and beachy highways has become a popular way to spend time outside, but without the right safety measures, you could make a fatal misstep. If you want to learn the best ways to stay safe while you’re out on your motorcycle, here are the top six motorcycle safety tips.

 

1. Get Licensed to Ride

Before you mount your motorcycle, make sure you’re licensed to ride. Taking a motorcycle certification course can get you acquainted with how to ride your motorcycle safely on the road.

 

2. Get a Motorcycle You’re Comfortable With

Make sure that whatever motorcycle you’re riding, you’re comfortable with. That means taking a few test drives and making sure that the fit of the motorcycle and its size are properly suited to your frame and that you understand where all the controls are.

 

3. Always Wear Appropriate Safety Gear

This should go without saying, but you need to wear appropriate safety gear when you’re going out on a motorcycle. Get a proper helmet, a full leather jacket, and long protective pants. You may also want some motorcycle boots made of protective material and some sunglasses to keep the sun out of your vision.

 

4. Follow Traffic Rules

Abiding by all the same traffic rules that other motorists must follow will keep you safe and keep others safe. Don’t put anyone in harm’s way by swerving through traffic or blowing through stop signs and lights.

 

5. Don’t Ride Under the Influence

Never, under any circumstances, ride your motorcycle under the influence of drugs or alcohol. These can impair your judgment and your riding and could cost you your life.

 

6. Familiarize Yourself With What to Do If Something Goes Wrong

We don’t like to think about the worst-case scenarios, but sometimes, it’s necessary. Ensure you understand what to do if you are in an accident, including tending to your injuries, recording details of the accident, reporting it to local authorities, and finding proper personal injury lawyers in your area if needed.

Preventing a Motorcycle Accident: Tips to Keep in Mind on the Road

Motorcycling can be freeing. The open road, a revving engine, there’s little not to like about the experience. However, riding a motorcycle can be extremely dangerous, even if you’re an experienced biker if you do not take the proper precautions. Here are some of the top tips to keep in mind as you take your next motorcycle journey.

Watch your speed.

One of the best things to keep in mind as you’re riding is to make sure you’re going slow and abiding by the speed limit if applicable. Speeding makes your reaction time more difficult, so it can result in an accident if you do not see a turn or an obstacle in the road and you don’t have enough time to stop or slow down. 

Never ride between parked cars and moving traffic.

Try not to ride between parked vehicles and moving vehicles. Even if you think it’ll save you time, you may be putting yourself at higher risk. You could get “doored,” which is when someone in a parked car on the street opens their door and hits an oncoming cyclist or motorcyclist. This can cause severe injuries to both you and the person in the car. 

Don’t ride under the influence of anything.

This should go without saying but never ride after drinking or doing any kind of drugs. It’s much easier to call a cab or a trusted friend or family member. Additionally, read the labels on your prescriptions or allergy pills and make sure you heed any warnings not to operate machinery after taking them.

Never share a lane with a car, always ride in front or behind.

Do not share a lane with a car. This means you should not ride in the same lane alongside a vehicle. This can be extremely unsafe for both you and the driver, as neither of you has the breadth needed to make important responses on the road. Always ride either in front of or behind the car or cars in the same lane as you.

Motorcycle Safety Information

If you’re a bicyclist or a motorcyclist, there are a few things you should do. Before you head out the door, you need to ask yourself if you are road ready. Most importantly this means you should be wearing protective gear, especially a helmet. If you were to get in an accident, a helmet is the best chance you have to protect your brain from serious injury. And once you hop on your motorcycle or bicycle, you should always be fully alert, which includes riding alcohol and drug-free. Riding unimpaired is part of riding responsibly, but it also means you should know the local laws and don’t take risks.

Statistics show the majority of crashes happen when motorists did not see the motorcyclist or bicyclist, so be sure to make yourself visible. If you want to increase your visibility, apply reflective materials and keep your lights on. Along with this, you should ride defensively (you can take a defensive driving course that will provide you with practical knowledge and techniques to avoid crashes.) When it comes down to it, be smart out there. Proceed cautiously, and leave sufficient room between yourself and motorists on the road. Don’t forget to yield to others when necessary.

If you’re a motorist, you might be thinking it’s enough for bicyclists and motorcyclists to look out for themselves, but it’s not. Motorists play an equally important role in keeping bikers safe. Whether someone is riding a bicycle or a motorcycle, he or she may be difficult to see. So the first thing you as a motorist should do is be understanding of the safety challenges that cyclists face. Then, be alert. And be sober. Pay attention to your surroundings. This means check your blind spots and mirrors. Always use your turn signals, including when you’re changing lanes or passing. Obey all of the local laws. And don’t be a distracted driver. When it comes to sharing the road with motorcyclists and bicyclists, distractions can make all the difference, so put your phone away.

Whether you’re in the car or riding a motorcycle or bicycle, it’s important to remember we all want to enjoy our ride and make it home safe, not just in May, but all year round. Let’s do our part to protect ourselves and others on the road.

MOTORCYCLE ROAD TRIP PACK LIST

With summer around the corner, a motorcycle road trip looks like a better idea every day. While that sounds exciting, creating a list of what items are necessary to bring can be a lot. Luckily, we have compiled a list for you to go over before your next motorcycle road trip.

SAFETY FIRST

Before any ride, make sure to bring your helmet. Wearing a helmet while riding is critical to protecting your safety and preventing a serious injury on the road. If you plan to buy a helmet, choose a breathable and comfy one to keep it on while traveling. If you are not buying a new helmet, check it for any cracks and confirm that you can easily see through the visor. Replace the helmet if there are any cracks. Even if the crack seems only superficial, it can cause real damage to the helmet and jeopardize your safety.

 

Flashlights, batteries, spare keys, and multi-tool or pocket are useful for many situations while traveling. Similarly, you should bring water, filling snacks, and a first aid kit to keep yourself safe during your trip. Other small items that can help improve a road trip are duct tape, portable chargers, a backpack, and Tylenol or other painkillers.

TOOLS AND SPARE PARTS

Next, pack tools and spare parts for your bike. You do not need to pack everything, but you should bring the essentials to keep yourself from having to find them on a road trip with no friends or family nearby. The tool kit should be compact. A small bag or pouch with a wrench and socket set, allen wrenches, screwdrivers, pliers, and cable ties cover the basic needs in an emergency. Spare parts like spark plugs, wires, light bulbs, and fuses are easy to carry and replace if ever needed while on the road.

CLOTHES AND HYGIENE ITEMS

Finally, pack spare clothes and hygiene items for the road trip. Before leaving, check the weather where you are headed and pack accordingly. If you are traveling far, it is best to pack for every type of weather to avoid riding with the wrong clothing on. Rain clothes, gloves, boots, and other waterproof clothing are critical to keeping the ride dry and fun. If you will be on the road a lot, pack plenty of socks and underwear to stay comfortable. People will not notice if you repeat outfits, but you will notice not changing your socks or underwear. For hygiene items, get the travel size or transfer your home items into smaller containers to keep things light.

Avoiding Cold Weather Motorcycle Issues

Freezing temperatures slowly decrease battery voltage over time, leading to a difficult time trying to start the motorcycle. Extended freezes also make the oil in a motorcycle’s engine thicken up, meaning the engine needs more battery power to start. These issues explain why starting your motorcycle may be more difficult in cold weather.

Fortunately, we got you covered! First, use a multimeter and ensure the battery has at least 12.2 volts. If the battery is too low, you must let it charge for a few hours so the bike may start.

Next, heat the engine. Place a portable heater near the engine so that the oil inside the engine can warm. When placing the portable heater, ensure it is not touching anything or too close to a flammable item. Oil in cold temperatures thickens and requires more energy from the battery to start. Heating the oil means the engine requires less battery power to start since the oil is more fluid.

If the motorcycle is still not starting, make sure the choke is on. You may have turned off the choke to prevent gas leaks and forgot to turn it back on before trying to start the motorcycle.

ABOUT HERRMAN AND HERRMAN PLLC

With over 100 years of combined experience among the legal team of Herrman & Herrman, P.L.L.C., our Texas personal injury attorneys have successfully resolved over 20,000 cases. When representing injured Texas residents, we fight for justice against wrongdoing and aggressively pursue the best resolution to complex personal injury claims.

If you or a loved one was injured, please contact us for a free initial consultation and case evaluation. Herrman & Herrman, P.L.L.C., is a locally based law firm focused on holding negligent individuals and companies accountable for their wrongdoing. We are not a personal injury mill that advertises nationwide. We provide individualized advocacy in attending to all aspects of claims that involve. Our firm has offices in the following locations: Corpus ChristiCorpus Christi South SideBrownsvilleMcAllenSan AntonioHouston, and Ft. Worth, TX.

We remain by our clients’ side, handling all aspects of their claims and attending to all legal, medical and financial needs. That dedication is combined with experience, legal knowledge, and insight from a former insurance adjuster and several former insurance defense attorneys. Whether our clients are suffering from physical pain from an accident or the emotional grief of death, we treat clients with compassion. We put their mind at ease during difficult times by answering their questions concerning the length of their claim, medical bills, financial compensation and their overall need for a lawyer.

Need a motorcycle lawyer? Call us!

If you or someone you love has been in a motorcycle accident and was seriously injured, you will need all the help available. Our motorcycle attorneys handle cases on behalf of those seriously injured. We also analyze the accident to identify all the potentially responsible parties and their insurance companies.

Our team works with life planners to determine estimates of your future treatment needs and living expenses because of the injury. It is vital to account for future medical costs and lost income in addition to current medical bills when preparing a claim for compensation.

Our motorcycle accident lawyers negotiate aggressively on behalf of our clients for a settlement that reflects the severity of the motorcyclist’s injuries. A settlement is the quickest way to get the money that you need to regain control of your life.

Unfortunately in some instances, an insurance company will simply refuse to do what is right. Our attorneys are prepared to go to court to seek justice and we are confident of our litigation skills.

If you or your loved one has been injured in a motorcycle crash caused by someone else, request a free consultation to speak with our attorneys on how we can help you.

 

Want more information on what to expect from a motorcycle lawyer? Visit this webpage for more info!

https://www.herrmanandherrman.com/texas-personal-injury-firm/motorcycle-accident-lawyers/

 

While you are here, read some of our blogs and enter a giveaway to win a Harley Davidson motorcycle!

What pictures to take after a car accident

Motorcycle Road Trip Pack List

Motorcycle Accident Statistics

Motorcycle Safety Inspection Guide

Stylin’ In Sturgis Giveaway

 

Our law firm has locations across Texas, connect with any of our law firms here!

Brownsville Office location

Corpus Christi Office location

Corpus Christi Southside Office location

Ft. Worth Office location

Houston Office location

McAllen Office location

San Antonio Office location

 

Follow us on social media for more events, blogs, and giveaways!

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Monday, April 24, 2023

Hot Car Deaths

In the summer months of Texas temperatures regularly soar into the triple digits. Extreme heat like that is bad enough when you’re outside, however, that type of summer heat can quickly become deadly for children left alone in a car. One of a parent’s worst nightmares could quickly become reality if you’re not careful. While you may think, “Oh that will never happen to me” please keep in mind that most parents who have experienced this tragedy said the same exact thing.

Hot car deaths, also known as vehicular heatstroke or hyperthermia deaths, occur when a child or a pet is left unattended inside a hot vehicle and the temperature inside the vehicle rises to dangerous levels, leading to serious injury or death. Hot car deaths are entirely preventable and can occur in various weather conditions, not just during extreme heatwaves.

The interior of a parked vehicle can heat up rapidly, even on a mild day, due to the greenhouse effect, where sunlight enters the vehicle but is trapped inside, causing the temperature to rise quickly. Studies have shown that the temperature inside a vehicle can increase by 20 degrees Fahrenheit (11 degrees Celsius) within 10 minutes and by 50 degrees Fahrenheit (28 degrees Celsius) or more within an hour, even when the outside temperature is moderate.

Hot car deaths can have devastating consequences for families and communities, and they are considered a serious public health concern. Children and pets are particularly vulnerable to heat-related injuries or death due to their smaller size, higher metabolic rate, and limited ability to regulate body temperature.

Statistics About Hot Car Deaths

According to data from the National Highway Traffic Safety Administration (NHTSA) and the advocacy organization KidsAndCars.org, an average of 39 children die each year in the United States from heat-related deaths after being left in hot vehicles. Many of these incidents occur when a child is accidentally forgotten in a vehicle, or when a child gains access to a vehicle and becomes trapped inside without being able to exit. Cracking a window open for the child or even parking in the shade aren’t sufficient ways to protect a child in a locked car. Studies show that a child’s body temperature can rise up to five times faster than adult’s. Even if you think it’s “not that hot outside” even in 60-degree Fahrenheit temperatures your car can heat up to 110 degrees in a matter of minutes. Also, it’s important to keep in mind that heatstrokes are more common with the elderly and young people

Beyond the dangers that an overheating car pose to the children, the parents can receive criminal charges for leaving their little ones in the vehicle. This year a Georgia man is facing murder charges and child abuse for leaving his son in a locked vehicle. Although the parent might be seen as careless in forgetting about the child, the law takes a hard stance on these incidents.

Whether you are simply running errands and believe you’ll “just be a minute” running into a building, it’s a MUST that you take your child with you. The hot Texas summer is nothing to leave to chance when it comes to your loved ones. It’s important to take the extra steps in protecting our little ones just in case the unexpected happens.

Hot Cars Babies and Dogs

As the weather begins to warm and the summer approaches one of the real dangers of the summer has come upon us. People mistakenly leaving their loved ones, whether human or furry, unattended in hot cars. In South Texas, we are already experiencing 100 plus degree days so we can only expect it to get hotter.  Whether a child is left in a car by accident or intentionally it only takes a matter of minutes for them to overheat. On 70-degree day temperatures inside of a car can reach over 100 degrees so it is ridiculous to consider how hot the inside of your car can reach in triple-digit weather. Your vehicle essentially becomes an oven. These extreme temperatures will cause a kid to quickly overheat leading to heatstroke, dehydration, seizure, and/or even worse death.

Small Children

Small children are sometimes forgotten because they are in rear-facing car seats, miscommunication, or distraction on behalf of the adult. Overheating on the part of an infant or toddler can happen in a matter of minutes. But an even worse situation is when a child is left in the car while an adult goes running a quick errand. Even with the windows rolled down the temperature inside a vehicle can and will immediately spike. Anything can happen to cause a delay but even if the errand is an in and out trip it only takes a few minutes to cause irreversible harm. In Corpus Christi, it is unlawful to leave a child in a motor vehicle. The city ordinance  reads as follows:

Sec. 53-10. – Leaving children in motor vehicles.

It is unlawful for a person to knowingly, intentionally, or with criminal negligence, leave a child in a motor vehicle for longer than five (5) minutes if the child is:

(1) Younger than seven (7) years of age, and

(2) Not attended by an individual who is fourteen (14) years of age or older.

The terms knowingly, intentionally, and criminal negligence as used in this section shall have the same meaning as set out in the definitions of these terms in the Texas Penal Code.

Dogs

Just like small humans overheat and cannot withstand the extreme temperatures inside a closed vehicle neither can our furry friends. Unfortunately, the only way dogs can cool themselves is through panting. In a matter of minutes, a dog can suffer from heatstroke. Heatstroke symptoms include restlessness, excessive thirst, thick saliva, heavy panting, lethargy, lack of appetite, dark tongue, rapid heartbeat, fever, vomiting, bloody diarrhea, and lack of coordination. If you notice that a dog is exhibiting these symptoms immediately move them to an air-conditioned space. One can also spray the dog with cool (not ice cold) water. It is also not a bad idea to take the animal to the vet.

During the dog days of summer, a travesty can be avoided by simply checking your vehicle car when exiting. Remember to remove children and animals before emptying groceries or any purchases. It is also not a bad idea to leave a note or purchase a mirror that faces the child for the headrest to quickly check their car seats to see if a child has been left in the car.

How to Prevent Hot Car Deaths

To prevent hot car deaths, it is important to follow some safety measures:

  1. Never leave a child or a pet unattended in a vehicle, even for a short period of time. Always check the back seat before exiting the vehicle.
  2. Lock your vehicle at all times, even when parked in your driveway or garage, to prevent children from gaining access to the vehicle.
  3. Educate caregivers, such as grandparents, babysitters, and daycare providers, about the dangers of leaving children unattended in vehicles.
  4. Place a reminder, such as a stuffed animal or a bag, in the front seat as a visual cue to help you remember that a child is in the back seat.
  5. If you see a child or a pet alone in a hot vehicle, take immediate action by calling 911 and, if necessary, taking steps to remove the child or pet from the vehicle.
  6. Be vigilant during the warmer months and be aware of the risks of heat-related injuries or death in vehicles, even on mild or overcast days.

It’s important to spread awareness about the dangers of hot car deaths and take preventive measures to ensure the safety and well-being of children and pets.

About Herrman & Herrman Personal Injury Lawyers

With over 100 years of combined experience among the legal team of Herrman & Herrman, P.L.L.C., our Texas personal injury attorneys have successfully resolved over 20,000 cases. When representing injured Texas residents, we fight for justice against wrongdoing and aggressively pursue the best resolution to complex personal injury claims.

If you or a loved one was injured, please contact us for a free initial consultation and case evaluation. Herrman & Herrman, P.L.L.C., is a locally based law firm focused on holding negligent individuals and companies accountable for their wrongdoing. We are not a personal injury mill that advertises nationwide. We provide individualized advocacy in attending to all aspects of claims that involve. Our firm has offices in the following locations: Corpus ChristiCorpus Christi South SideBrownsvilleMcAllenSan AntonioHouston, and Ft. Worth, TX.

We remain by our clients’ side, handling all aspects of their claims and attending to all legal, medical and financial needs. That dedication is combined with experience, legal knowledge, and insight from a former insurance adjuster and several former insurance defense attorneys. Whether our clients are suffering from physical pain from an accident or the emotional grief of death, we treat clients with compassion. We put their mind at ease during difficult times by answering their questions concerning the length of their claim, medical bills, financial compensation and their overall need for a lawyer.

 

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Your Insurance Rates Are Likely Going Up Even If You Didn’t Cause the Accident

Clients often raise serious concerns about using their own insurance after a not-at-fault accident for fear that their insurance company may raise their rates.  Insurance companies are likely to raise your rates after not-at-fault accidents regardless of whether you make a claim or not.

The Consumer Federation of America performed research regarding not at fault accidents and insurance rates and concluded that “[s]afe drivers who are in accidents caused by others often see auto insurance rate hikes.”  The Federation studied insurance rates after not-at-fault accidents in 10 major cities.  In 8 of the cities, insurance rates increased.  The only two cities that did not see a rate increase were Los Angeles and Oklahoma City.  California and Oklahoma are the only 2 states with consumer protection laws that prevent rate increases after not-at-fault accidents.

That is not the entire story.  Almost every major insurance company raised rates.  Progressive penalized not innocent drivers the most by an average of 16.65%.  Geico and Farmers were not far behind Progressive at 14.1% and 11.1%, respectively. Allstate occasionally penalized not-at-fault drivers and State Farm did not raise rates at all.

Additionally, the report also indicates that insurance companies raised rates more on lower income drivers than higher income drivers by a staggering margin.

In Texas, there is no law protecting consumers from rate increases after not-at-fault accidents.  In fact, insurance companies have the right to cancel your coverage after two not-at-fault accidents within a year.

If you are paying an insurance company for underinsured motorist coverage and/or personal injury protection it is probably in your best interest to make claims on those policies.  These claims can increase your recovery and ensure that you can pay for proper medical treatment.  Of course, it may also allow you to pay for the rate increase your insurance company is going to make you pay just because someone else hit your car or truck and caused your injuries.

Will My Insurance Rates Go Up If I File a Personal Injury Claim in Texas?

Logic would seem to dictate that the less severe the injury, the simpler it should be to resolve your personal injury claim. However, that is not always the case. All too many insurance companies are refusing to be fair in settling personal injury claims, knowing full well that consumers will have to seek a qualified attorney to collect what is rightfully due. For now, suffice it to say, the insurance company is probably not going to bend over backward trying to be fair with you. Therefore, what you are about to learn here should be invaluable in your efforts to understand and deal with insurance companies when you have a personal injury claim. With this in mind, let us proceed.

Will my insurance premiums go up?

The short answer is, it depends on your insurance company. Insurance companies generally consider a number of factors when deciding whether or not to raise your insurance premiums after a motor vehicle collision. Some of these factors include the amount bodily injury and property damage that was caused, which party was listed at fault for the collision, your personal history with your insurance company such as the amount of time you have been with them or if you have had previous claims in the past, and how recent those previous claims were. Often times, if a number of claims have not been made against your policy, and you are not listed as the at-fault party, your insurance premium will not be affected significantly.

What Rate Increase Can I Expect?

There is no actual firm rule of thumb when it comes to an expected increase in your premium following an accident. In fact, these rates often vary by state, and can be as little at 12% in the state of New York or as large as 87% in Minnesota. You can truly expect additional premiums to add up over the years if you have multiple accidents on your record or if you were at-fault for the accident.

What Can I Do About an Insurance Premium Increase?

If you find that your insurance premium goes up after an accident, there are courses of action you can take. First of all, if this is your first accident or you were proven to not be at fault, you can talk to your auto insurance provider and ask if they could lower your premium back down. Many insurance companies offer accident forgiveness, which allows a literal forgiveness of the accident on your record so that your premium won’t climb too high. 

Avoid an Accident in the First Place

The number one way to keep your insurance premiums low is to make sure there are no accidents on your driving record. You can avoid an accident by making sure you practice good driving habits, including not engaging in distracted driving or texting while driving, not drinking or using substances before driving, and keeping your eyes on the road and following the speed limit. Being a safe driver will not only keep your insurance rates low, it will also keep you safe and protect you and your passengers from harm.

Can I use my insurance to fix the damage to my vehicle even if it wasn’t my fault?

Yes! It will speed the process up, so you don’t have to wait for the at-fault party’s insurance to accept liability for the collision.

What happens if you use your insurance to fix the damage to your car, but it was the other person’s fault?

If you are involved in a motor vehicle collision and you are not at fault, you can always pay your deductible to your own insurance carrier, and they will take care of fixing your vehicle damages for you. After this process is complete, your insurance company will begin the process of subrogation, in which your insurance company will contact the insurance company for the at-fault party after liability has been accepted, at which time your insurance carrier will be reimbursed the amount they paid out for the property damage to your vehicle.

Rights and Obligations – Yours and Theirs

If we were to go into details and subtleties here you would probably lose all interest in reading further, so let’s try to keep this simple. To begin with, you have the obligation to prove who is responsible for your personal injury. Because this is a “comparative negligence” state, YOU also have to prove that YOU were NOT guilty of any negligence that may have contributed to you having sustained a personal injury. Then YOU have the obligation to “mitigate” (minimize) your damages and YOU have to prove your damages. Are you beginning to see a pattern here?

Will my insurance rates go up if I file a personal injury claim in Texas?

One of the most common reasons accident victims don’t file a personal injury claim is because they fear it will have a negative impact on their insurance rates. If you were injured through no fault of your own, how can the company penalize you for something you didn’t have control over?

Pursuing, and even winning a personal injury claim doesn’t mean your insurance rate will increase. When you pursue a claim, there’s no guarantee that you will win, so the insurance company won’t have cause to increase your rates. When you win a case, it means the court found you to be not at fault for your accident (or at least less than 50% at fault), which also does not give them the right to raise your rates.

The only time companies have a right to raise your insurance rates is when you are found to be the negligent or at-fault party. The defendant in your case may have his or her rates raised because they were the ones found to be the cause of your personal injury.

Be Aware of Repetitive Claims

There is one red flag that can be raised when the insurance company reviews your policy. Too many collision claims in a car insurance policy can cause the company to raise questions of your liability. Some insurance companies do limit the number of claims you can submit before they will drop your coverage, so it’s important to have a Texas personal injury attorney who is well-versed in car insurance rates and coverage working on your side.

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Friday, April 14, 2023

Motorcycle Safety Awareness Month

Motorcycle Crash attorney

Your favorite Motorcycle Crash attorney wants to remind you May is Motorcycle Safety Awareness Month. Statistics have shown that motorcyclists are 28 times more likely to die in motor vehicle accidents than passenger vehicles. Studies like this show why motorcycle safety awareness is so critical in today’s world. Everyone on the road must practice motorcycle safety at all times.

Motorcycle safety as a rider

If you are going to ride a motorcycle, you must follow these three steps, wear the appropriate gear, follow the rules of the road, and do not ride under the influence of drugs or alcohol.

Wearing the appropriate safety gear

You should always wear the proper safety gear when riding your motorcycle. Wearing a high-quality helmet, full leather jacket, protective pants, gloves, and boots will protect you in an accident and make you feel more stylish when riding.

Follow the rules of the road

Learn the different rules of the road for a motorcycle compared to a car. Completing a motorcycle safety course is valuable to confirm you have the adequate knowledge and experience to ride a motorcycle safely. Do not place yourself in harm’s way by breaking traffic laws or not knowing the proper rules of the road for motorcyclists.

Do not ride under the influence

Drugs and alcohol, even prescribed medications, will negatively affect your judgment and ability to ride safely. Any of these substances can severely affect your reaction time and situational awareness. Motorcycle riding is dangerous even when fully alert. Riding under the influence of drugs or alcohol is extremely dangerous and could cost you your life.

Motorcycle safety as a passenger vehicle driver

Anyone driving should know how to make the road safer for motorcyclists and everyone else on the road.

Avoid distracted driving

Always be vigilant when on the road, especially when changing lanes. No cell phones while driving. It could be the difference between an unfortunate accident and a safe trip.

Check twice for motorcycles

Motorcycle accidents often start with drivers missing them in their blind spots. Check twice, and save a life.

Obey all traffic laws

Same as on a motorcycle, you must follow all traffic laws to keep both yourself and others on the road safe.

motorcycle crash attorney

DO YOU NEED A MOTORCYCLE CRASH ATTORNEY?

If you are in a motorcycle accident that results in a personal injury- no matter the severity—and you are not at fault, you may be eligible for compensation. If this may be your case, you should consult with a personal injury attorney with experience in motorcycle accidents so that you can better your chances of a payout in court.

OUR MOTORCYCLE CRASH ATTORNEY CAN HELP YOU

If a motorcyclist is injured in an accident due to the negligence of another driver, the motorcyclist can recover compensation for losses that result through a personal injury lawsuit. Compensable losses include property loss, medical expenses, lost wages, loss of future earning capacity, and pain and suffering.

Furthermore, if a loved one was killed in a motorcycle accident, family members may be able to recover damages in a wrongful death lawsuit. If you are a loved one was injured in a motorcycle accident, do not hesitate to contact a Texas motorcycle accident attorney at Herrman & Herrman, P.L.L.C., who will review the facts of your case and represent you through this difficult period.

CONTACT OUR ATTORNEYS

For more information or to schedule an appointment with an experienced Texas lawyer regarding a motorcycle accident injury or death, please contact us first!

Our firm has offices in the following locations: Corpus Christi, Corpus Christi South SideBrownsvilleMcAllenSan AntonioHouston, and Ft. Worth , TX.

Follow us on social media for more events, blogs, and giveaways!

While you are here, read some of our other blogs!

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