What To Do If Injured By Fireworks

It’s a festive period and another time of the year that you get to see fireworks everywhere. The fireworks you see is a sign of celebration, but in as much as it triggers excitement and lights up your mood, they are also dangerous. Fireworks have every tendency of exploding, things can also go wrong and instead of going up, they come right back at you. As of last year, lots of people were injured by fireworks in the united states. Hence, you need to protect yourself and know what to do in case of any injury caused by fireworks.

What to do if injured by fireworks?

It all depends on the kind of injury you get. If it is a self-inflicted injury, while throwing your fireworks, then you will be held responsible for injuring yourself. But if you think it wasn’t out of your irresponsibility, and probably the fireworks exploded on its own causing you injuries, then you can say it is a fault from the manufacturer. At this point, you have the right to sue the store you bought the fireworks from. This might not be easy because you need to prove that the fireworks were defected from when you bought it. However, the only way you can win such a case is to prove beyond doubts that the fireworks had multiple defects when you bought it which led to your injury.

If you were a passer-by and was mistakenly hit by fireworks from some other person, you have the right to sue the person lighting the fireworks for negligence. Anyone lighting fireworks should be careful and ready to take responsibility for each of his actions.

So when you are injured by fireworks, you have the right to sew the person that inflicted the injury on you.

Types of fireworks injury

There are several types of fireworks inflicted injury which includes burns, fire outbreak, loss of hearing, loss of sight, etc. The burn is the most common because, in the case of an explosion, one can easily be burnt. Then the sound from the explosion is what causes ear damage.

Conclusion

Getting injured by fireworks is most common, but when you are able to protect yourself from the injuries, then you are safe. But getting injured by the negligence of someone else you have the right to sue the person involved. You can as well get a personal injury lawsuit lawyer to help you with your case. You also need to get proper treatment while you file a lawsuit.

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Determining Fault In A Car Accident

Road accidents happen all the time, but when they happen to you, they can cause some legal complications. It’s quite distressing that even though you are quite the careful driver, other drivers sharing the road with you might not be so, this is why there are laws that are put in place to protect you and save you from paying the cost of another person’s negligence.

Another angle to this as you know is; state laws require each vehicle on the road to be properly insured when a car accident happens a claim is filed and so the insurance companies of both parties investigate the claim by hiring the service of an adjuster whose job is to investigate the claim to determine which party was negligent. However, it will help you prove your case if you knew what to do or how to determine and prove you were not at fault.

Get A Police Report

When accidents auto accidents happen sometimes a member of your state’s police department (specifically someone from the traffic department) will show up at the scene of the accident to investigate who was negligent and write a report, and in some cases even issue a citation to the driver deemed to have been at fault. This police report can be very detailed by reporting the party who violated traffic laws, and the violations that led to the incident, but sometimes, the report could be less so and just state what had happened and the negligent behavior that had caused the accident.

However, in an event when there are no law enforcement agents at the scene, you should visit a police station close by and invite the other driver to join you because you must obtain a police report as insurance companies might not be obliged to look into the claim if a police report isn’t provided. Getting a police report is probably the best way to help determine fault and help your case.

“No Doubt” Situations

If you are in an accident involving a rear-end collision or left turns then these types of accidents are easier to prove who is at fault.

Rear-End collisions are accidents that involve a car hitting another from behind, in this situation the law is on your side if you are the driver in front because the driver behind is required to be observant and careful not to drive to close to the bumper of the car in front.

This case is easy to prove because the damages are the best evidence to prove who was at fault but if the driver in front stops suddenly, or has bad brake lights then the driver behind isn’t liable for damages.

In a left turn situation, the car going straight, the driver turning left is deemed to be at fault because the former has the right-of-way and the later should yield. This rule has exceptions too especially is the car going forward is moving over the speed limit or went through a red light.

Having all these in mind you should have a much easier time proving that you are not liable and getting compensations. It also helps to research your state traffic laws, as a decent knowledge of some of these laws can help improve your chances of winning the case and getting your claims. Always be super careful and observant when driving though, do the driving for everyone sharing the road because it is better to avoid accidents if you can.

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If Your Child Is Injured At Daycare – Who Is Liable?

Your reasons for opting for the daycare services was to get some care for your little one(s) during your busy hours in the day. And this has been the routine until some uninvited accidents sneaked its unpleasant presence into the daycare, leaving behind a gloomy atmosphere. What will you do when you arrive at the crèche to pick him/her and get greeted with wails?

Sometimes an accident can occur when the children are on a field trip but the caregivers are inexcusable and can be held responsible.

Inside the daycare, injuries often happen when the caregiver neglects and fails to keep a keen watch on the child.

When they forget to remove harmful items that put the child in harm’s way.

The child’s curiosity gets them more than they asked for.

 

When the caregiver abuses the child.

Have you had an experience like this before? If not, here is what to do in the event of this sort…

Alert the caregivers immediately.

Most times you may not meet a wailing child and you will likely notice this injury at home, whatever the case, call them immediately. If the caregiver does not supply enough information, speak with the supervisors, leave a voicemail message for them if they are unavailable to answer the call.

Let them become aware of the development while you get your child treated for the injury.

Alternatively, if you noticed the injury at the daycare find out from the care attendants how it happened, was your child naturally curious and landed in danger? Get these facts with pictures to serve as proofs if you or your lawyer decide to press for claims.

Get proper medical treatment.

Let mentioned earlier, your child’s condition demands immediate medical attention, while still gathering information on the cause. Now, it is important to keep your child’s medical document, the impact, and the cost of the injury and treatment. This information will help you get your due compensation if you seek claims.

Get your lawyer.

With the above documents and information, your attorney will help your claims press through. Did you ever think you couldn’t sue a daycare? Now you know you can if you want to when your child sustains an injury. All you need to do is to find an experienced injury lawyer if you have none. A personal injury attorney will thoroughly analyze the situation, explain the laws guarding your case and daycare injuries, this will give you a background on what to expect from the matter. Your attorney will also examine the case and counsel you on the best action path to tow.

How distressing and disappointing it feels to meet your child looking starved or neglected of care at a place where care is promised. But these situations are sometimes not deliberate and when they happen, you can still get a little succor.

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Check Your Airbags! Do They Work?

Having functional vehicle airbags are one of the “must-haves” when having a functional car. You know accidents don’t usually give pre-notice so, it is best to guard yourself and co-passengers with functional airbags before hitting the road every day. To add to that, the “Takarta airbag recall” has also made it necessary to have functional one too.

If you are just getting a car, here is why you need to get functional airbags…

• In the event of a crash, a functional airbag pops out forms a parachute and shields your head and heart from grave impact.
• Functional airbags will have functional sensors that detect an imminent crash and responds in activating the bags in milliseconds.
• In a nutshell, before having a car you need to make up mind to have a functional airbag all the time.

Now, the test here is finding out just how functional your vehicle airbags are and here is how to check.

• Check the indicator light on the dashboard.

One of your first place for observation is to check for the airbag indicator light when you engage the car ignitions. Do they come up with other indicator lights and go out later? If yes, you still a dependable airbag. If it fails to pop on, flashes or stays throughout the driving, chances of a fault should not be ruled out. This is when you reach out to your automobile technician.

• Get manual electrical testing too.

Some cars may not have electrical signals indicator systems, what you need to do if you have a car like this is to still visit your technician if you don’t have a multimeter and a clock spring, which you are unlikely to have. Your mechanic will help you conduct a manual test to verify your vehicle’s airbag functionality.

• Contact a trusted technician after a crash. If you had a crash earlier with the car and your airbag got activated, it can be replaced and still save you in the event of another mishap. But that depends on the safety it is given at the point of replacement. Safety here demands that your reliable technician have to get an original airbag and must also use original equipment with manufacturers’ parts. When this happens, you are certain of having functional and trusted airbags in your vehicle.

Your car needs to have functional airbags because you deserve to drive your vehicle without fears or unnecessary worries about car components like a functional airbag. So, remember to check yours every morning and have a safe trip every day, you must have it!

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Tips to Avoid Rip Currents in TX

Did you know you there were six surf and four rip current fatalities in Texas in 2018 alone? According to the United States life-saving association, over 100 people die due to rip current related incidents. We know how fun it is to hang out with friends and family at the beach during the summer scorching heat, but we mustn’t forget to stay safe when having fun. The National Oceanic and Atmospheric Administration have pinpointed Padre Island, Galveston beach and Horace Caldwell Pier as the beaches with the highest possibility of experiencing rip waves. In this article, we will be giving you little tips on how to avoid rip currents on beaches in Texas.

 

What are rip currents?

If you’re trying to avoid rip currents you must know what rip currents are and how it is caused. Rip currents are powerful waves of water flowing away from shore. They are usually strongest near the surface of the water. Rip current can be very risky for swimmers in the water who don’t know how to navigate this occurrence.

Rip currents are caused by strong winds and breaking waves pushing water towards dry and causing the water level to rise at the shoreline.

Knowing how to navigate rip currents is essential for all beach lovers, but there is a better idea; avoiding them. We will give you some time on how to avoid rip currents in the next section of the article.

 

How to avoid rip currents in Texas

Always check the weather and water conditions before going to the beach and jumping into the water. You should try to check the Texas local beach forecast and also have a little chat with any available lifeguard to know the water conditions before taking a dip.

You must know how to spot a rip current, it might save your life. If you know how to spot a rip current, then you’ll know how to navigate one.

Keep yourself informed! Like we stated earlier in the article NOAA pinpointed the beaches with higher chances of experiencing rip currents. When you’re swimming in these beaches, always take precautionary measures.

Always swim in beaches with lifeguards. It is rare to drown in beaches with functional lifeguards. A 1 in 18 million chance of you getting drowned.

Never swim alone! This is one unwritten rule for every beach swimmer. Your chances of surviving a rip current increases when you have a swimming partner.

 

Rip currents are dangerous and you don’t want a summer of laughter turning into one of sorrow. Knowing how to avoid rip currents can make your summer experience more fun and safe in a beautiful state like Texas.

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How Motorcycle Accidents Commonly Occur

Motorcycle riding makes for a fun past-time. The adrenaline-filled sport is also one of the fastest ways to cover the distance by road.

But for all its wonderful, adrenaline-pumping attributes, it has also proven to be very dangerous and extremely prone for road accidents.

These accidents are often life-threatening to the motorcyclist, and in most cases, his or her passengers alike.

We outlined a few ways motorcycle accidents occur for you to be cautious of when you take your next ride:

When cars make turns by the left hand

One very deadly situation motorcyclist’s face is when cars make turns by their left hand. These types of collisions occur frequently, they account for a whopping 42% of all accidents that have to do with a motorcycle and a car. In most cases, the turning car collides with the motorcycle when:

The motorcycle attempts to overtake the vehicle.

The motorcycle tries to breeze right through a small intersection.

The motorcycle tries to go past the car.

Usually, the motorcycle is not fully visible to the turning vehicle due to its small size.

Even more vulnerable are those that try to pass cars that are on the same lane as the cars are often caught unaware.

 

When motorcycles and cars collide head-on

These situations are in most cases, fatal to the motorcyclist and often to his passenger alike. Accounting for a large, 56% of all deaths involving motorcycles, this is one situation you should be highly wary of.

Drinking and driving

The cry against drunk driving has been on for ages to no avail. Drunk driving also causes a car to car accidents but those are usually not as fatal as that of motorcycle to car or motorcycle to any other object because of the extra protection available to cars.

 

Lane splitting when driving

One of the advantages most motorcycle drivers thrive on is the ability to switch between two lanes at will, especially in cases of huge traffic jams. While this can be helpful to the motorcyclist and in most cases, his or her passenger, helping them saving time. It can also prove to be highly dangerous and fatal to both parties involved.

While there are many more causes of motorcycle accidents, we believe with these few; if you’re a motorcyclist, you can drive safer. And if you’re a passenger, always ensure to call your motorcyclist to order should he exhibit any of the above red flags.

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5 Steps To Take After a Hit & Run Accident

Hit and run accident cases in Texas has become a source of concern to innocent motorists. The best we can do is to know how we can protect ourselves and our rights to reduce our loses when affected. Fortunately, Texas car insurance have policies that cover for both an uninsured motorist, just in case, the ‘hit and run’ driver does not have insurance. However, you as the victim must have uninsured motorist insurance within your policy. Below are 5 steps to take if you become a victim of a hit and run accident in Texas.

 

Don’t be in a hurry to leave the accident scene

Unless urgent medical attention is needed, don’t be in a hurry to leave the hit and run accident scene. Stay there and capture as many details about the accident as you can. Note any information you can about the other car before it zooms off, take photographs of the scene, get eye-witness contact information and call the police while at the scene.

Contact a Texas car attorney

An experienced auto accident attorney can help you manage your claim-filling process and protect you from claim adjusters whose sole job is to ensure you don’t get as much benefit as you deserve. An experienced lawyer can also help with further investigations.

Speak to your insurance agent

Like we suggested earlier, it will be in your best interest to do this while still at the scene of the accident. Report only the facts and details of the crash and be careful not to accept any aspect of the blame because your insurance agent will be looking out for that.

Call the police immediately

Even if the police fail to unravel the identity of the other motorist involved in the hit and run accident, their arrival at the scene of the accident will help with uncovering a lot of other evidence that you could have neglected. Again, call the cops while still at the scene of the accident.

Go and see a doctor

We also advise that you get medical help as soon as you can, not just for the treatment of any bodily injuries that might have arose from the accident, but a doctor’s report will help for proper documentation and claim filing. This will help your financial recovery move.

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Dealing with Head Injuries in San Antonio Car Accidents

Among the most serious injuries suffered in car accidents are head injuries. Motor vehicle crashes are the most common cause of traumatic brain injuries (TBI) requiring hospitalization among adolescents and adults ages 15 to 44 years old, according to the Centers for Disease Control and Prevention (CDC).

Head injuries, which include concussions as well as more serious TBIs, are of great concern. The signs and symptoms of a head injury may appear immediately or may not be apparent for days or weeks after the impact that caused the injury. Symptoms may come and go, particularly pain or headache immediately after the injury.

The Mount Sinai School of Medicine says that the number of people in the U.S. with undiagnosed TBIs that cause substantial and persistent cognitive, behavioral and social difficulties may exceed 30 million. Undiagnosed head injuries, often due to initial pain subsiding, have caused many deaths, including the loss of celebrities like actress Natasha Richardson and TV salesman Billy Mays.

Anyone who suffers a blow to the head in a car accident should see a doctor as soon as possible. If a doctor recommends further treatment, including hospitalization for traumatic brain injury, it is crucial to follow the doctor’s orders. If the car crash was caused by another motorist, after receiving medical treatment, contact a car accident lawyer at Herrman & Herrman in San Antonio, TX, to discuss your options to seek compensation from the at-fault driver.

Types of Head Injuries in a San Antonio Car Accident

Head injuries in auto accidents can happen because of a blow to the head – such as striking the side frame or windshield of the vehicle in reaction to the impact of a collision – or violent movement of the head in a rear-end collision. The forceful movement of the head can cause the brain to move inside the skull, causing bruising.

If an object breaks the skull, such as metal sheared from a car in the crash, it can also cause a penetrating head injury. In some cases, pieces of a broken bone can tear into brain tissue and cause damage.

A brain injury in a car accident may be described by doctors as:

• Concussion: The most common types of head injuries may cause a temporary loss of awareness or consciousness. Most people recover from concussions with several days of rest. However, having had one concussion makes you more susceptible to concussion from an additional blow to the head. Repeated concussions can cause cumulative, irreversible brain damage.
• Focal or diffuse axonal brain injury: A focal brain injury affects a single area of the brain. A diffuse axonal brain injury indicates widespread damage to tissue throughout the brain. Where the brain has been injured will dictate which bodily functions are affected. A wider area of brain damage will be more consequential.
• Intracranial hematoma: This refers to a blood clot located in the brain or near the brain. Intracranial hematomas can cause pressure on the brain, which may lead to permanent brain damage if not relieved. Depending on the blood clot’s location, hematomas are described as intracerebral hematomas, subdural hematomas or epidural hematomas.
• Brain bleeding/hemorrhages: Bleeding can occur within the skull outside of the brain, or within the tissue of the brain. Coma or death may result without immediate medical attention to address the bleeding.

A severe brain injury can cause a car accident victim to lapse into a coma. In the most serious cases, a person could be in a coma indefinitely.

Traumatic Brain Injury Symptoms and Treatment

UT Health San Antonio says an individual with a concussion may experience:

• Headaches
• Memory problems
• Dizziness
• Nausea
• Confusion
• Difficulty sleeping
• A brief loss of consciousness.

Patients with moderate to severe brain trauma might have any of the above symptoms, plus:

• Seizures
• Convulsions
• Repeated vomiting
• Dilated pupils
• Weakness or numbness
• Loss of coordination.

A car crash victim with mild injuries might be sent home from the hospital with instructions to follow up with his or her primary care doctor. Severe injuries might require a hospital stay for close monitoring and neurological exams to check possible neurological injuries. Sometimes neurosurgery is necessary to help manage swelling of the brain or to repair damaged tissue.

Functional recovery, in which a brain injury patient is responsive and able to manage his or her own follow-up medical care, can last months or even years depending on the severity of the injury, UT Health San Antonio says. A patient may need rehabilitation and skilled care during recovery. When important parts of the brain are injured, patients are not always able to achieve functional recovery and may require assistance with basic needs.

Some TBI victims benefit from the shared experience and belonging found in support groups, such as the Alamo Head Injury Association’s support group in San Antonio. The group meets monthly and is open to any acquired brain injury survivors, their families or caregivers, and others with interest.

How Can a San Antonio Lawyer Help Me with My Brain Injury Case?

If another driver caused the car accident in which you or a loved one sustained a head injury, you shouldn’t have to pay for your accident-related expenses. The at-fault driver or the driver’s insurance company should be held responsible for covering your medical bills and related costs from the accident.

Our traumatic brain injury lawyers at Herrman & Herrman have extensive experience representing clients and their families in cases involving auto accidents that have caused serious and life-changing brain injuries. We attend to every detail of the TBI car accident case and pursue maximum compensation aggressively.

In a severe brain injury case, an experienced San Antonio personal injury attorney from Herrman & Herrman would consult with top-level physicians, psychologists, and life care planners to document the physical and cognitive deficits your injury has caused and develop ongoing care and financial plan for the challenging future you will face.

Contact us today in San Antonio for a free explanation of how our lawyers can help you pursue a legal claim for a traumatic brain injury suffered in a car accident.

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Holiday Safe Travel Tips

The holiday is the most suitable period to go on pleasant travel trips, and the most popular time for travelers, as it comes with extensive travel time. It is, however, essential to be aware of certain safety precautions while planning your trip at this time of the year.

 

Holiday safety issue ranges greatly from late November to mid-January, when people gather massively for reunions with their families and relatives. It is, however, important to take several basic precautions to ensure your safety through the season.

 

The holiday travel comes with a lot of flying and airports, despite being the fastest means of transportation, most people ultimately travel with their cars; parked for drives, which has been identified with the highest fatality rate for accidents than other major forms of transportation.

 

It is therefore imperative that while planning your holiday travels you take the following safety precautions:

 

 

Prepare safety measures for your home against while you are away, ensuring proper security systems are installed and in proper working conditions.

 

Ensure you do adequate car maintenance check, keep emergency safety kits, and check state laws of the course you’d drive. Ensure everyone in the vehicle is buckled up, and do away with any form of distraction.

 

Know the terrain you’d be driving in, plan ahead and identify alternate routes, understand the safety regulations of driving on icy roads, how to maneuver your vehicle on such roads, and practise defensive driving. Also check on the weather condition and know the climatic state of areas you’d be driving in through your course of travel.

 

Make adequate plans for frequent rest stops, and not travel for too long each day. As it is essential to rest your legs to maintain your energy level and remain alert on the road.

 

Ensure you have the right gadget with you. Carry a mobile phone with you and charger, importantly a portable mobile travel charger and a car phone charger, and any navigation system of your choice.

 

Keep a few bottles of water in handy to stay hydrated. As dehydration during a long drive can cause fatigue and decrease alertness which is dangerous on the road.

 

Keep your hands clean and sanitised at all times, with soap and hand sanitizer, as it is important to maintain a healthy lifestyle against contagious germs and diseases. Simultaneously considering the safety of your food during your trip, packing healthy nutritional food rather than fast foods.

 

Ensure someone close to you has a copy of your travel plans, contact information and keep copies of any form of your identification. And remember to drive safely.

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Apartment Fires In Texas – Who Is Liable?

Fire accidents associate with trauma, injury, loss of lives, destruction of properties, and displacement from homes, with victims uniformly sent into turmoil and puzzling circumstances such as payment of medical bills, replacement of destroyed personal possessions, difficulty in finding alternative housing, and the most overwhelming; the question of who is responsible for the expenses of the fire-damaged apartment building.

The response to that question however varies, depending on the circumstances that caused the fire, the insurance involved, and the terms of agreement of the residential lease. The following procedures are however essential to determine who is liable for the damage.

■ Investigation and Document on the damage

The Landlord, tenant and any insurance carriers’ rights will be obligated to investigate and document the damage focusing on the scope and cause of the damage. Reports will, however, be made written with photographs to describe as well as illustrate the damage.

■ Insurance companies expert advice

The insurance carrier will survey the damage. However, prompt notice by the landlord to the Insurance company is essential as several policies have been made that relieve an insurance company from liability if the company isn’t informed promptly. As paragraph Eight of the Texas Apartment Association however states that: ‘the owner’s insurance does not cover loss to a resident’s personal property’ as such properties do not have an insurable interest. But this can be argued if the insurance company is promptly notified.

■ Determine the landlord’s as well as the tenant’s obligations

Ordinarily, the owner’s insurance covers damages to the building and its premises and destroyed properties of the third party ‘only’ due to the landlord’s negligence. Most of the time when the owner fails to maintain proper smoke detectors, provide emergency exits, provided hazardous materials that accelerated the fire, and generally failed to abide by the fire code standard of construction, they would be liable for the damages of the apartment’s fire.

It should, however, be considered carefully that a third party can also be liable for the damages caused by the fire if the cause of the damages is a result of faults caused by such person. Such a person’s rental insurance may cover some Fire-Related losses.

However, in the absence of proper documentation of lease provisions and rental insurance, the law provides that:

• The lease is terminated: As a tenant has the right to occupy the property until the right of occupancy is terminated by law, at the end of the agreed term or when both the landlord and tenant agree to terminate the lease.
• Responsibilities of Repair: A landlord is ever obligated to maintain the rental premises in a habitable condition. However, if evidence indicates that the landlord neglected in their responsibility, they must repair it. And if the tenant out of his way damaged the property; is obligated to make repairs.
• Other Payments: If a fire accident is caused by a landlord’s negligence, then the landlord becomes liable for the tenant’s inconvenience. If a tenant causes a fire and if found responsible, the tenant is liable to pay damages to the landlord in addition to rental payments.

 

Notably, it is essential to talk to a lawyer during conflicts regarding “who is liable for the fire damages” as this simultaneously calls for an investigation into the cause of the fire. As the owner of the damaged property may sue the renter for the fire damage and unless there is a contract that says otherwise, a tenant will be liable to the fire damages over negligence.

Ultimately, determining who is liable for the apartment fire requires determining the cause of the fire. It is therefore paramount that tenants in Texas uphold legal options in such accident cases and obtain renter’s insurance for themselves.

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Where Is Vaping Banned, And Why?

With smoke-related diseases on the rise among young people, American society is looking into how vaping or e-cigarette could be the silent cause. Vaping was introduced into the market to curb the effect of excess smoking but obviously, the purpose was not met.

As more people fall victim to illnesses caused by vaping, the health industry is taking note and insisting on tougher laws to curb the dangers related to vaping. The following states have taken the bull by the reins and banning vaping and vaping related ailments among its citizens.

San Francisco

The city of San Francisco happens to be the first city in the United States to ban the sale and usage of e-cigarettes which is also known as vaping. And this ban happened on the 25th of June.

 

Michigan

Michigan government placed a ban on the sale of flavored vaping products on the 4th of Sept.

 

New York

The city of New York isn’t left out, as they also placed a ban on the sale of e-cigarettes.

 

India

On citing the way death rates increased in the United States, the country of India fears for the life of its citizens, hence, they happen to be the first country to place a nationwide ban on vaping products.

 

Massachusetts

Massachusetts government placed a temporary ban of four months on the sale of all vaping products. The government did this to buy time for researchers to investigate the effects of the usage of vaping products, and how it is related to so many illnesses. This ban was placed on the 25th of September, 2019.

 

University of Texas

The University of Texas also placed a ban on the usage of vaping products due to health issues that are rising and death rates.

 

Los Angeles

Los Angeles also placed a ban on vaping products because of kids so they don’t get addicted to it before they are old enough to make a choice.

 

Oregon

Oregon placed a six months temporary ban on the sale of all flavored vaping products.

 

Why is vaping banned?

The countries that banned the sale and usage of vaping products have a good reason for doing that. Due to the increase in lung injuries and the growth of death which is linked to the usage of vape, most countries have decided to ban it.

It is said that vaping products contain nicotine that is harmful to the body system, it increases high blood pressure and also lung injuries which lead to untimely deaths of so many people. Although most countries are still investigating it, while some cannot withstand the increase in death rate because of e-cigarettes, hence the ban is necessary.

 

Although it is said that e-cigarettes are not as harmful as tobacco, world health organization still insists that it poses a health risk in society and due to the various flavors been introduced, it makes the young ones get addicted to vape which is bad for their health. Hence, the need for countries to ban vaping products completely. If you want to go on a vacation with your vape pen, be careful not to take it into a country that has banned it. With the list above, you should have an idea of which country not to go with a vape.

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New Vehicle Safety Features For 2020

As vehicles evolve and improve, it is also important to improve on their safety features. So over the decades, components such as shatter-resistant glass, anti-lock brakes, airbags, electronic stability control, child safety locks and more have been added and constantly improved upon to ensure better safety and efficiency of the vehicle.

As new technologies are utilized in the manufacturing of vehicles, safety will remain a top priority to both the producer and the consumer.

 

Here are some improved or entirely new safety features to look out for in 2020 vehicle models

360° vision for the drivers-

An improvement over the rear-view camera you may see in 2020 and beyond is the 360° view. Several cameras are stitched together in these models to make up for blind spots both in front and at the back of cars.

Pedestrian detection alert-

This will alert the driver of any passers-by and bicycle users on its path. This feature in no doubt will reduce road accidents.

This feature mostly uses infrared light hence can aid the driver’s sight at night.

Adaptive cruise control-

We all desire a long road trip once in a while. This necessitated the inclusion of cruise control as one of the safety measures in earlier models. However, constantly adjusting it to account for vehicles before you can be quite cumbersome.

The adaptive cruise control is made of dynamic radar to make up for this. It can adjust or maintain the speed concerning that of an oncoming vehicle on its path.

Lane departure alert-

One of the most severe forms of road accidents is usually due to lane diversion. The near future models are fitted with measures that will either alert the driver or redirect the vehicle to the original lane to avoid a collision.

Inter vehicle communication-

Cars may have the ability to communicate using fitted Wi-Fi. This is a perfect way to update each other on their speed, direction, location, etc to avoid a collision. This feature can also help with car searches in cases of missing vehicles or persons.

 

The good news is that some manufacturers (for example, Toyota) has included these features as part of the standard in 2020 ( Toyota corolla 2020) models. Therefore, one doesn’t have to pay extra to get them.

You will appreciate these more if you’ve even been involved in or lost someone dear to road accidents that could have been avoided if the vehicle producer paid more attention to the safety needs of the users.

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Liability Risk of Loaning Out Your Car

Every now and then, we get to hear the words “please can I borrow your car for a few hours” from close friends, family members, and sometimes neighbors. At that point saying no becomes really difficult, especially if the person happens to be really close to you and have somewhere important to go.

But, loaning out your car to that one person may cause you a huge loss. So sometimes, no matter how urgent the situation may be, it is always wiser to say no because there is some liability risk that comes with it.

Read on to discover what liability risk is involved in loaning out your car.

 

The insurance

Lending out your car to your friend or loved ones means you have given them your insurance alongside your car. And this has a great consequence. In a situation that an accident happens along the line which happens to be the fault of the person driving your car, you will be held responsible. First, it is most likely that your insurance company might not be willing to respond to such a claim. Second, your insurance premium will skyrocket and you will have to pay even when you are not at fault. You will also be left with no other choice than to take up the financial liabilities.

 

Driving reputation

Lending out your car also means your driving reputation is at stake. If the person driving your car happens to get a parking ticket or breaks any driving rules, then there is a dent to your good driving. If the person gets himself into a streetcar racing, then you will face the penalty.

 

Liability as to the owner

If your friend or whosoever borrowed your car for few minutes happens to run into someone or crashes into someone else’s car, you as the owner will be held liable for whatever follows afterward.

 

Legal problem

The case involving your car might be extreme and might land you in jail for something you have no knowledge about. How can you prove your innocence at this point? Or how can you prove that you are not an accomplice to the crime? You need to be well prepared to face any legal action if your car was located at a crime scene.

 

Conclusion

No one is saying you shouldn’t lend out your car, but we are only trying to open your eyes to the liability risk involved if peradventure something goes wrong. You stand a chance to face all of the things listed above and you can even go as far as losing your car. Furthermore, if it happens to be your teenage child who was caught driving drunk in your car, you will pay a huge price. So think wisely and properly of the risk involved in loaning out your car, before you lend it out.

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Slip and Fall Insurance Claims in Texas

Slip and fall injuries; most especially when you slip and fall on someone else’s premises; is a serious issue that could get legal in most states. This is as a result of the term known as ‘’premises liability” which binds a property owner to ensure that all guests are kept safe when visiting premises.

 

According to Injuries; ‘’Premises Liability is a set of rules that entail that a property owner must take certain measures that make sure that their property is safe for visiting guests.’’

 

And in a place like Texas, these rules are taken seriously to the extent that a property owner can be held responsible when a slip and fall occurs on his grounds; and the victim (the guest) can file a premises liability insurance claim against the property owner.

 

But for the guest to successfully file for an insurance claim and win; some factors are taken into consideration before the slip and fall insurance claim can be pursued and won by the plaintiff (the guest).

The Factors Considered In A Slip And Fall Insurance Claim

Was there a breach in the premises liability rules by the property owner?

 

This is one of the factors that are considered during a slip and fall case, as every property owner in TX is mandated to make sure that their property is safe for guests.

 

But if any property owner is found guilty of not following the premises liability rules and ensuring that guests are shielded from slip and fall and other accidents on their property; the injured guest can hold the property owner responsible.

 

Classification of the guest

In a slip and fall case, guests are classified into three categories; invitees, licensees, and trespassers. The category the plaintiff falls into will determine if he/she is liable to win the insurance claim.

If the guest was an invitee (someone who was on the property with the owner’s permission and who was there for the mutual benefit of both parties), they have the right to win the insurance claim. If the guest was a licensee also (someone who was on the property with the owner’s permission but for the guest’s sole benefit), the guest can also win the insurance claim.

 

But if the guest was a trespasser (someone who was on the property without the knowledge and permission of the owner), such a person can’t file or win the insurance claim.

The degree of the plaintiff’s injuries

The degree of the injuries suffered during the slip and fall is another factor the determines if the plaintiff in a slip and fall insurance claim can win. If the injuries sustained are much, and they result in the hospitalization of the plaintiff for a long period of time.

Also, if these injuries cause psychological/emotional pains to the plaintiff; then the plaintiff can file and win the insurance claim.

 

 

Not every slip and fall injury claim is taken seriously. In fact, so many insurance companies always try to find a way to sweep the complaints of slip and fall plaintiffs under the carpet; but once the plaintiff has valid evidence that tally with the factors listed above, they can easily file for an insurance claim and win effortlessly.

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Truck Driver Shortage Poses MAJOR Safety Risks

If you’ve recently sat in the comfort of your bedroom and ordered a product from an e-commerce site and wondered why the price for delivery is so high or why the last delivery took so long to get to you – It’s because there’s a shortage of truck drivers in the trucking industry.

This decline has been ongoing for over 15 years now and it’s a lot likely to get worse. In 2018, the American trucking associations released reports that highlighted several things:

1. The trucking industry is responsible for transporting more than 70% of freight volumes in the country
2. Over 800,000 new truck drivers are needed to cope with the demand in the industry
3. The average age of truck drivers is 55 years. As a result of this, new and young drivers are desperately needed to balance a large number of drivers nearing retirement.

 

Here’s where the big problem lies – the young drivers that are desperately needed aren’t interested in taking up truck driving jobs. The lifestyle of drivers (oftentimes staying on the road for a long time) isn’t appealing to millennials who would rather opt for alternative jobs with better appeal and pay.

 

Not to mention that truck driving is up there amongst the most dangerous jobs in the United States.

The effect of this fatigue in the trucking industry is a lot more than hiked delivery prices: lives are in danger with an increasing rate of truck accidents in the U.S.

 

Below is how the lack of truck drivers poses safety risks to the public.

1. Exhausted and Overworked Drivers: With fewer truck drivers in the U.S, there is a lot of pressure on the available guys to make deliveries – they spend an unhealthy number of days on the road and end up being overworked and exhausted. This increases the rate of truck accidents and puts other motorists in danger.
2. Incompetent and Underqualified drivers: A trailer loaded with goods will reach tens of thousands of pounds in weight. Expertise is needed to handle such a vehicle. Yet, due to immense pressure to move freight volumes, trucking companies are hiring below standard drivers to meet up with the demand. The risk that inexperienced drivers pose to other drivers cannot be overstated.
3. Negligence of Regulations: Since most truck drivers are constantly in a race against time to distribute goods, they will often time violate or completely ignore safety regulations that exist in truck driving – like taking mandated breaks, maximum hours to drive in a day, etc. All these put all the other drivers, sharing the road, at a huge risk.

 

The safety concerns that exist because of the shortage of truck drivers are almost endless. More work needs to be done to make the roads trustworthy again for people living in the U.S

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Injuries At School Sporting Events – Who Is Liable?

Sporting events are part of school life for kids. A lot of children look forward to it for the swell time they’ll have and the break it affords them from classes. We all hope for these sporting events be it Basketball, Swimming, Football, and other sporting activities to go well. things do not always turn out the way we’ve planned them and accidents can occur. Now in the case that an accident occurs, it can be very tricky deciding who is liable. Sport-related injuries often cost a whole lot to treat. This is why deciding who is liable is an important decision because this is who the bill falls to.

Some common sports-related injury that students are in risk of are listed below:

• Exhaustion and Fatigue
• Bone fractures and sprained joints
• Concussion or other head-traumas
• Severe paralyzing injuries like spinal injury

These are just a few off the list of injuries students can suffer during a sporting activity. It is imperative to state the difficulty in filing a lawsuit against a school when your child gets injured. It is difficult because the law assumes the participants are conscious of the ‘inherent risks’ linked with sporting activities. In other words, the law assumes participants know what they were getting into when they signed up for a sport. Some factors make it difficult to hold a school responsible for the eventuality of a child getting injured. Some of those factors are:

Public schools are shielded from liability for sports-related injuries. This is because they are regarded as a government agency.

Some schools get athletes to sign a waiver containing a release clause that exempts them from being liable for any injury that is regarded as an inherent risk of that particular sport. Schools are not allowed however, to waive risks that are not considered intrinsic to the sport.

 

There is a case that can make a school completely liable for a child’s sports-related injury. Even though schools are generally protected from liability for an athlete’s sporting injuries, they have a duty of care to students. If they are found in violation of this duty of care, they can be sued successfully. This means that if it can be proven that the school was negligent, they can be held liable for a child’s sports-related injury.

There is no direct answer to the question of who is liable in the case of a kid getting injured during a sports-related activity. An outstanding point, however, is that the law does seem to shield the school more, in which case, the child’s medical bills don’t fall on their account.

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Dog Bites and How to Handle the Accident

When dealing with dog bites, seeking medical help immediately is highly recommended; but what do you do before those few minutes or even hours it takes to seek the nearest medical attention? 

 

Move away from the dog

Once bitten by a dog, you should move away from the dog and stay somewhere safe to ensure you don’t get attacked by the same dog again. While locating somewhere safe, you can also control the bleeding at the same time.

 

Gently press the wound

You should press on the wound gently; doing this will result in some bleeding that will help to flush out as much bacteria from the wound as possible. Surface wound tends to heal fast and in the process, some bacteria might be trapped in. 

 

Clean the wound with soap and warm water

While cleaning the wound, you should also clean inside the affected area with soap. After this is done, be sure to rinse away the soap thoroughly to avoid further skin irritation later on. This can be done by simply placing the wound under a running tap and allow it run for like five to ten minutes. 

 

Dress the wound

After washing, gently press a clean piece of cloth over the wound. Also, you can apply some antibiotics on the wound, this is however not necessary. 

 

Stitch if necessary

Sometimes, dog bites wounds may require stitching. If the wound is so deep that the fatty tissues underneath the skin surface can be seen, then stitches are necessary to reduce possible scarring. It is however recommended that this should be carried out by a medical practitioner.

 

Check out for redness

While a bit of redness is normal after being bitten by a dog, it usually should not last for more than twenty-four hours. Anything longer than this and if it gets bigger, that is a clear sign of an infection and should be treated with urgency.

 

Visit the hospital

After a dog bite, you should see the doctor to get tested for some infections especially if you got bitten by a dog you know nothing about its rabies history. This will help to prevent and treat any possible infections.

 

While dog bites might appear seemingly slight and harmless, it is very important to get the appropriate medical treatment to prevent further complications.

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Types of Truck Accidents and Injuries in San Antonio

Thousands of large commercial trucks transport cargo through Bexar County and San Antonio each day. Texas is one of the 10 states with the highest average of fatal large truck and bus crashes in recent years, according to the Federal Motor Carrier Safety Administration.

If you have been injured in a collision caused by a tractor-trailer or semi, you will need the help of a knowledgeable truck accident lawyer to fight for full compensation to you. A San Antonio truck accident lawyer at Herrman & Herrman, P.L.L.C. can review the details of the 18-wheeler accident that caused your injuries and discuss your legal options.

If you have received a quick settlement offer from an insurance company representing the truck driver or trucking company, let our San Antonio truck accident attorneys help you determine whether it is a reasonable offer based on the projected cost of your injuries and other losses.

How Many Truck Accidents Happen in Texas?

According to the Texas Department of Transportation (TxDOT), fatal motor vehicle accidents across Texas in 2017 involved:

• 126 trucks
• 433 truck-tractors or semi-trailers
• 5 fire trucks
• 17 buses
• 8 school buses.

In Bexar County alone, there were 2,660 crashes involving trucks and buses in 2017. These involved:

• 8 fatal crashes with 8 deaths
• 69 suspected serious injuries
• 269 non-incapacitating injuries
• 650 possible injuries.

The 2,660 commercial motor vehicle accidents in Bexar County in 2017 represent one of every 20 motor vehicle accidents in Bexar County.

Recently, we discussed the most dangerous intersections in San Antonio. Our article cites a San Antonio Express News report with accident statistics for 26 intersections in San Antonio and Bexar County that were the site of anywhere from 40 to 216 collisions each in 2017.

Types of Truck Accidents in San Antonio

The Large Truck and Bus Crash Facts (LTBCF) is an annual report that contains statistics about fatal, injury, and property-damage-only crashes involving large trucks and buses. The latest edition lists the top causes of fatal truck accidents. They are:

• Collision with Vehicle in Transport: 74%
• Collision with Fixed Object: 9.2%
• Collision with Pedestrian: 7.4%
• Rollover: 4%
• Collison with Bicycle: 2.1%
• Collision with Parked Motor Vehicle: 0.9%
• Collision with Train: 0.3%
• Collision with Other Object: 0.2%
• Collision with Animal: 0.4%
• Jackknife: 0.3%
• Cargo / Equipment Shift or Loss: 0.2%.

Truck crashes can be caused by many factors, but driver error is the most frequent cause. Driver negligence that can lead to an accident includes speeding or driving too fast for traffic conditions, improper lane changes, tailgating and driving while dangerously fatigued. Truck drivers on long trips sometimes become inattentive or distracted, which can lead to a crash.

Large trucks and buses are more susceptible to rollover accidents because they are top-heavy. Typically, another vehicle hits a truck and knocks it over because it is on an incline and/or because the impact causes cargo to shift the truck’s center of gravity.

A truck driver also may turn too sharply and cause the truck to lose stability and rollover. In some cases, a trucker may collide with a guardrail, or uneven ground on the road shoulder and cause the truck to overturn.

A jackknife accident occurs when the cab and trailer of a large truck slide toward one another like a folding pocketknife. Drivers can jackknife their rigs if they lose traction by hitting the brakes too quickly, exceed safe speeds on slick roads or make a sharp turn.

Cargo can shift or spill if is not properly secured. The sudden change in the center of gravity caused by shifting cargo can send a truck out of control. Cargo that falls onto the road can hit other vehicles or cause crashes when drivers swerve to avoid it or hit the object in the road.

Can I Recover Damages After a Texas Truck Accident?

After a serious truck accident, the party or parties responsible for the accident may be held responsible through a civil lawsuit and compelled to compensate the injured.

Because of the commercial nature of truck accidents, there are multiple parties that may be liable for a truck accident. They may include the:

• Truck driver. A negligent driver and his insurance company may be held responsible for dangerous driving behavior such as speeding, inattention, improper lane changes, distracted driving, and spending too many hours behind the wheel without adequate rest.
• Trucking company. The motor carrier that puts commercial trucks and truck drivers on the road is legally responsible for the actions of employees and the performance of their vehicles. Truck companies often pressure drivers to meet unreasonable delivery deadlines that can lead to serious accidents involving drowsy drivers.
• Cargo handlers. Cargo in a truck may be handled by a shipping company responsible for loading it onto a trailer and securing it. While the truck driver is responsible for regularly checking cargo, if a problem with how the cargo was loaded and secured contributed to a crash, the cargo handlers may be liable.
• Truck mechanic. Truck maintenance may be outsourced to a third party, as well. A trucking company or truck’s mechanic may be liable for a mechanical failure that leads to a crash if it is due to faulty or delayed maintenance. Sometimes, motor carriers put off maintenance to save money, which would make the company liable.
• Truck or truck parts manufacturer. If the part or system failure that leads to a truck accident occurs because of the defective part or faulty design, the manufacturer may be held accountable for the accident through a product liability lawsuit.

Like the many moving parts in a big rig, there are many people that help to put a fully loaded long-haul truck on the road. When an accident occurs, one or more parties may be at fault. With a properly investigated legal claim, those parties that are liable can be made to compensate the injured.

Contact an Experienced San Antonio Truck Accident Lawyer

If you have been injured or lost a loved one in a truck accident in San Antonio or anywhere in Bexar County, contact our dedicated San Antonio truck accident attorneys at Herrman & Herrman, P.L.L.C. for help. Our truck accident attorneys have successfully handled thousands of injury cases.

The sooner we start working on your truck accident claim, the better we will be able to protect your right to recover full compensation. Contact us online or at 844-426-3000 for a free initial consultation.

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Whiplash Symptoms After a Car Accident

Whiplash is a common injury that happens after a car accident. It happens when there is a forceful and rapid movement on the head in a back and forth motion.

The symptoms usually come up within the first 24 hours after the accident. While whiplash is very much treatable and those affected just might get better in a few days, some cases of whiplash extend over time and the person affected might have to suffer neck pain for as long as they live.

Symptoms

The symptoms of whiplash can either be mild or strong, either way, they demand instant medical attention.

Mild symptoms: The mild symptoms of whiplash includes; headache (usually starts from the skull base, just a little above the nape), pain in the shoulder, pain in the upper arms, a stiff feeling in the neck, neck pain( especially when you attempt to move it). You might also experience a tingling sensation in the arm (this might be numbness, it depends), a feeling of tenderness when you touch your shoulders. There is a chance that you might feel dizzy or fatigued generally.

Stronger Symptoms

The stronger, rarer symptoms include a blurred vision, tinnitus( having a ringing sound in the ear), loss of focus, temporary loss of memory, loss of sleep, and depression. These symptoms might take a bit longer to the surface, but granted they will surface within few days of the accident. These symptoms show that the whiplash might be chronic and would require immediate treatment.

Whiplash might be more severe if the symptoms began to show immediately. If the pain goes from your neck to your arms rapidly and it comes with a headache, you might have a stronger case of whiplash than expected and you need to call 911 immediately to get the medical care you need.

While some of these symptoms seem mild and like they would go away, they will not in most cases, and if you start experiencing any of these symptoms, no matter how mild, within the first 24 hours after a car accident, see a doctor immediately.

It is however advised that you see a doctor immediately after an accident and stay under supervision for at least 24 hours to sure there are no critical conditions in need of medical attention. This gives them a chance to start treatments early and reduce the chance of having to deal with some of the symptoms.

 

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New Texas Laws – Effective Sept. 1, 2019

From the 1st of September 2019, new laws took effect in Texas. These new laws range from feral hog hunting to the breastfeeding of infants. 

Some important new Texas laws for the year 2019 include:

 

           •Lemonade stands: The HB 234 states that Children without license can open lemonade stands without going against the law. Neighborhood associations will no longer be allow to stop children younger than 18 from selling lemonades and other non-alcoholic beverage on private properties. 

           •Tobacco sales: The SB 21 states that anyone younger than the age of 21 is prohibited from buying cigarettes. The purpose of this law is to reduce the addiction level.

           •Feral Hog Hunting: The SB 317 states that landowners no longer require hunting license to hunt feral hogs on their property. This law is only applicable on private properties.

           •Cough Syrup: According to SB 1518 0nly people older than the age of 18 can purchase drugs that contain cough suppressant dextromethorphan from stores. This is because this ingredient has been found to be abused by teenagers who use it to get ‘high’.

           •Increased Driver Fines: The SB 2408 law will put an end to the Driver Responsibility Program. Traffic tickets fees in Texas will have a 20 dollars increase. Fines for people driving under the influence will also be increased. 

           •Fishing and Hunting License: The HB 547 permits the people of Texas to present authorities with digital fishing and hunting licenses. 

           •Abortion Providers: Under the SB 22, state and local government bodies will be prohibited from partnering with organizations that conduct abortions. This also applies to services that are not related to abortions.

           •Nude Pictures: The HB 2789 states that it is illegal to send a person unsolicited nude pictures through any social media platforms, emails or texts. 

           •Female Inmates: The HB 650 bans the chaining of pregnant inmates in a hospital. The prisons will also be made more accommodating for female inmates. 

           •Free Speech: The SB 18 states that everybody on a campus should be allowed to be expressive and to speak freely. 

           •Pumping Breast Milk: The new law permits women to pump breast milk whenever and wherever they want. The previous law gave mothers the freedom to breastfeed anywhere but did not include breast milk pumping. 

           •Telemarketers: According to the new law, telemarketers are banned from using fake numbers to call Texans.

           •Handguns: The HB 1177 permits people to carry handguns the week after a natural disaster has been declared by the governor. 

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Cyclists Are Not Safe on San Antonio Roads According To Recent Reports

If you ride a bicycle on San Antonio roads or elsewhere in Bexar County, you are risking your life in a bicycle accident, according to recent reports.

Most striking is a report from Texas Public Radio (TPR) headlined “San Antonio Roads Aren’t Safe for Cyclists.” It says 29 people were killed or seriously injured while riding a bike in San Antonio in 2018 – more than two every month – representing an increase from 2017.

TPR reports the deaths of at least two cyclists in the first few months of 2019 and there have been more since, including a 40-year-old man killed in a bicycle accident at Blanco Road and Dresden Drive on San Antonio’s North Side on the evening of October 30.

The National Highway Traffic Safety Administration (NHTSA) said that three cyclists were among 146 total traffic fatalities in San Antonio in 2017. Cyclists made up 2.1% of traffic fatalities in San Antonio.

Bexar County Among Most Dangerous for Fatal Bicycle Accidents

The Texas Department of Transportation (TxDOT) reported 2,426 total cyclist crashes statewide in Texas in 2018, including 617 fatal accidents and 621 deaths.

Share the Road Texas says statistics from 2009 to 2014 demonstrate that Bexar, Harris, Travis, Dallas, and Tarrant counties are the most dangerous in the state for bicyclists:

• Bexar County (San Antonio): 595 total bicycle/auto crashes, 14 fatalities
• Harris County (Houston): 1,149 total bicycle/auto crashes, 46 fatalities
• Travis County (Austin): 1,112 total bicycle/auto crashes, 11 fatalities
• Dallas County: 681 total bicycle/auto crashes, 16 fatalities
• Tarrant County (Fort Worth): 459 total bicycle/auto crashes, 9 fatalities

Share the Road Texas says two-thirds of bicycle crash injuries occurred on city streets and the largest percentage of bicycle crash fatalities (33%) occurred on U.S. and state highways. Not surprisingly, crashes that happen on higher-speed roads are more likely to result in fatalities, the organization says.

NHTSA says that, across the country, three-fourths of bicyclists and other cyclists, including riders of two-wheel, nonmotorized vehicles, tricycles and unicycles powered solely by pedals who died in motor vehicle crashes in 2017 died in crashes in urban areas.

According to NHTSA:

• 96% of cyclists killed were in crashes involving a single motor vehicle.
• 27% of cyclist fatalities occurred at intersections, and 63% did not. The remaining 10% percent occurred at other locations, such as roadsides/shoulders, parking lanes/zones, bicycle lanes, sidewalks, and medians/crossing islands.
• Slightly more cyclist fatalities occurred in daylight crashes (48%) compared to when it was dark (47%).
• Cyclists were struck by the front of the motor vehicle in 82 percent of fatal crashes.
• Light trucks were the type of vehicle most frequently involved in motor vehicle crashes in which a cyclist was killed. 44% of cyclists killed were hit by light trucks.
• When a large truck was involved in a fatal cyclist accident, the vehicle’s right side was the collision point 28 percent of the time, compared to 7 percent in passenger car accidents. This could be due to the wide right turns required of large trucks, NHTSA says.

Cyclists Call for More Bike Lanes in San Antonio

The bicycling advocacy group Bike San Antonio is petitioning the city to establish a bikeway with a physical protective barrier along the three-mile length of the Broadway Street Bond Project.

The group says 53% of people would like to bike more but are concerned about their safety from car traffic. Bike lanes not only benefit the individual, but also businesses. In New York City, the addition of a protected bike lane on two major streets led to “a 50% increase in sales receipts.”

“This is an excellent opportunity to showcase San Antonio as a city of the future, a city that cares about the safety/needs of its citizens, and a city that understands more bikes on the road is a good thing,” Bike San Antonio says.

However, city engineers and consultants say there is not enough room to add protected bike lanes on the lower, mile-long section of Broadway, where the City expects commercial growth, according to the Rivard Report. Others argue that voters approved the “complete street” project with the understanding that bike lanes would be included and that provisions of the 2010 River North Zoning plan include a transportation design plan with a five-foot bike lane suggested for lower Broadway from 3rd Street to Jones Avenue.

Previously, the Rivard Report said the city was planning to put protected lanes on Avenue B and North Alamo Street, which run parallel to Broadway, with a $6 million reimbursement deal from the Midtown Tax Increment Reinvestment Zone (TIRZ).

Cyclist Brian Clements said during a mass bicycle ride down Broadway that the Avenue B and North Alamo Street compromise won’t push more experienced cyclists off of Broadway Street, and therefore would not significantly improve safety for cyclists.

“There’s a bunch of riders, people like myself, who won’t get off Broadway, bike lane or not,” he said.

A required zoning change for bike lanes on Broadway would be considered first by the Zoning Commission, which would make a recommendation to City Council, the Rivard Report said. No meeting had been scheduled as of the November 1 report because the zoning change request has not yet been submitted by City staff.

Seek Help From a San Antonio Bicycle Accident Attorney

Under Texas law, injured cyclists may have a right to seek financial compensation for their economic and noneconomic losses in a bicycle accident caused by a motorist. The attorneys of Herrman & Herrman have extensive knowledge and experience in bicycle accident cases, and we are proud of our record of success in helping injured victims and their families in the greater San Antonio area.

If you or a loved one has been injured in a San Antonio bicycle accident, speak with one of our compassionate bike law attorneys as soon as possible. Call now at (361) 245-1263 to schedule a free initial consultation so we can discuss your legal options.

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Car Accident Fatalities in San Antonio Area Increase in 2018

Officials say a spike in fatal car accidents in San Antonio over the last three years is due to driver negligence as well as population growth.

The numbers published by the Texas Department of Transportation (TxDOT) are striking:

• 159 fatal motor vehicle accidents and 164 deaths in Bexar County in 2017.
• 174 fatal motor vehicle accidents and 180 deaths in Bexar County in 2018.

That’s a 9.4% increase in fatal accidents in a single year, and a 9.75% increase in car accident deaths.

Within the city limits of San Antonio, there was actually a slight decrease from 2017 (140 fatal accidents and 143 deaths) to 2018 (135 fatal accidents and 139 deaths). It’s a 3.5% decrease in fatal car accidents and a 2.8% decrease in deaths.

San Antonio Police Sgt. Brian Sullivan told News 4 SA at the end of September that, “We’re up (in fatal car accidents) right now compared to where we were this time last year. And every year they seem to tick higher and higher.”

Sullivan also said distracted driving is a factor in the increase. “All the electronics that are on your car can distract you,” he said.

Fatal Car Accidents in San Antonio Stats

As of November 1, the TxDOT crash database showed:

• 43,668 car crashes in San Antonio in 2019, of which 117 included at least one fatality.
  • Through the same period in 2018, there were 43,158 crashes, including 115 fatal accidents.
• 20,883 distracted driving crashes in 2019 – almost 48% of the total crashes
• 30 fatal car accidents blamed on distracted driving in 2019

In wider Bexar County, the numbers are higher:

• 51,368 car accidents, of which 145 included at least one fatality.
  • Through the same period in 2018, there were 50,215 crashes, including 152 fatal accidents.
• 24,670 distracted driving crashes in 2019 – 48% of the total
• 39 fatal car accidents blamed on distracted driving in 2019.

What Are the Leading Causes of Fatal Car Accidents in Texas?

​​​​​​​The TxDOT defines distracted driving as any activity that takes your attention away from the task of driving. Distractions can include anything from texting and talking on a cell phone to eating and drinking, putting on makeup, shaving, reading, programming a navigation system, watching a video and even adjusting the radio. TxDOT says distracted driving of any kind is dangerous and that distracted driving continues to be a problem in Texas.

What do the numbers show? In TxDOT’s report of Crash Contributing Factors 2018 statewide, the leading causes of fatal car accidents include:

Total Distracted Driving Accidents: 382 fatal crashes (101,644 total crashes)

• Driver Inattention: 260 fatal crashes (84,835 total crashes)
• Distraction in Vehicle: 61 fatal crashes (12,484 total crashes)
• Cell / Mobile Device Use (Talking, Texting): 61 fatal crashes (4,325 total crashes)

Total Speed-Related Accidents: 1,322 fatal crashes (166,258 total crashes)

• Failed to Control Speed: 494 fatal crashes (138,269 total crashes)
• Unsafe Speed: 440 fatal crashes (25,714 total crashes)
• Speeding (over limit): 388 fatal crashes (2,275 total crashes)

Total Alcohol-Related Accidents: 707 fatal crashes (23,185 total crashes)

• Under Influence of Alcohol: 513 fatal crashes (14,345 total crashes)
• Had Been Drinking: 189 fatal crashes (8,840 total crashes)
• Failed to Drive in Single Lane: 575 fatal crashes (37,719 total crashes).

Other Causes of Accidents:

• Under Influence – Drug: 214 fatal crashes (3,058 total crashes)
• Wrong Side of the Road (not passing): 184 fatalities (2,067 total crashes)
• Fatigued or Asleep: 172 fatal crashes (9,496 total crashes)
• Ran Stop Sign: 109 fatal crashes (27,020 total crashes).

The TxDOT notes that multiple factors may contribute to a crash.

How Can a Car Accident Attorney Help Me in San Antonio, TX?

If you have lost a loved one in a car accident that someone else caused, you have a right to legally address the anguish and stress that the loss of a family member can cause. Your family may be facing large hospitals bills, funeral expenses and the prospect of maintaining your household without the financial support of your lost loved one.

Texas grants the immediate family of a person who is killed as a result of someone else’s negligence the legal right to file a wrongful death lawsuit to recover compensation for the losses. Texas law says a spouse, child or parent may file a wrongful death lawsuit after a fatal car accident.

If Herrman & Herrman represents you and/or your family in a fatal car accident case, our San Antonio accident attorneys will explore all options to pursue compensation for you and ensure your family’s future is financially secure. We will take all the necessary actions to get your case resolved as quickly as possible. If we cannot reach a satisfactory settlement of the case through negotiations with the insurance company, we will consult with you about whether to proceed to court to seek justice.

A wrongful death claim following a fatal car accident may demand compensation for:

• Medical expenses and funeral costs
• Loss of the deceased’s earning capacity, services and household support
• Loss of parental guidance, counsel and instruction that a parent would have provided a child
• Pain and suffering.

In any substantial personal injury or wrongful death claim, you can expect the insurance company to try to pay out the least amount possible so that the payment does not cut into company profits.

When the stakes are high, you need an experienced attorney representing you and advocating for you against the insurance company’s low-ball settlement offers. We will calculate all that you are due and push hard for compensation that helps your family pay all outstanding bills and reestablish financial security.

Contact Herrman & Herrman Car Accident Lawyers in San Antonio

If you have lost a loved one in a car accident in San Antonio or the greater Bexar County area through someone else’s negligence, contact a San Antonio lawyer at Herrman & Herrman, P.L.L.C. to discuss how we can help you move forward. We handle wrongful death cases involving car accidents and other acts of negligence in San Antonio. Herrman & Herrman, P.L.L.C. has offices in San Antonio, Brownsville, Corpus Christi and McAllen to assist clients throughout the Rio Grande Valley and South Texas.

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Self-Driving Cars and Accidents – Who’s to Blame?

Self-driving cars may be less prone to accidents but they are not safe. The question arising from this fact is this; who takes the responsibility for crashes involving autonomous cars? 

Technology has advanced, innovations and ideas are coming up. One of these advancements is in the manufacturing of self-driving cars. Tesla, Uber, and Google are among the top guns driving maximum efforts to advance the technology of autonomous cars since they not at their best yet. The safety of people around the vehicle has become an issue of concern, yet the great support for the push of the advancement of technology still thrives. 

 

Not too many years ago, reports on car accidents have stated numbers that call for serious concern. The development of autonomous cars has promised safer roads with driving not affected by human errors nor affected by situations like fatigue, being sick or stress. 

 

Waymo, a company that contributes to the self-driving technology predicted that autonomous cars will be available for purchase in 2018. Some other predictions made for the release of the vehicles are yet to see a confirmation of the foretellings. The best thing so far is that self-driving vehicles are available in some regions. Texas is one of those regions approved for the self-driving cars, and there have been crashes involving these cars. 

 

The irony here is that the autonomous car technology touted for improved safety by its manufacturers has not lived up to its expectations. 

 

Self-driving cars may be less prone to accidents but they are not safe. The question arising from this fact is this; who takes the responsibility for crashes involving autonomous cars? 

 

The Government has made legislation regarding these self-driving cars. In 2016, the federal government rolled out its first policy for automated vehicles. The policy does not delve into details of manufacturing but outlines a safety checklist for the manufacturers to adhere to. 

Also, some state laws have created guides for the manufacturers to follow, well-known ones involve the test cars having standard vehicle registration and following approved routes with police escorts. However, none of the laws place any proactive emphasis on the protection of human lives. 

 

With recurring accidents, lawmakers are not yet making tangible laws regarding self-driving vehicles in Texas. 

Another potential situation worth taking into consideration is that when filing claims against these companies, victims might face stumbling blocks since non-existence of proper laws put in place concerning the autonomous vehicles 

 

Regardless, Texas might see more lawsuits filed against the manufacturers of these vehicles and the situation concerning casualties involving these self-driving vehicles won’t see any improvement if appropriate laws are not put in place.

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