Wednesday, January 29, 2020

San Antonio Named One of Deadliest Cities for Cyclists

A tiny fraction of San Antonio’s population commutes to work by bicycle on a daily basis. Even so, more than a dozen bicyclists have been killed in traffic accidents in San Antonio in recent years.

That troubling record of bicycle accident deaths ranks San Antonio among the 20 most deadly cities for cyclists in the U.S., according to a recent analysis by carinsurance.org based on federal statistics. 

The researchers identified 13 bicycle accident fatalities in San Antonio during the previous four years— a rate of 2.2 bike fatalities a year per 1 million residents. They estimated that 1,340 San Antonio commuters ride to work every day on bicycles. That translates to 243 annual bicycle accident fatalities per 100,000 commuters, which ranked San Antonio 16th among the 20 most deadly cities.

The No. 1 deadliest city for bicyclists is Cape Coral, Florida, with 4 bike accident fatalities over four years—a rate of 5.8 bicycle fatalities year per 1 million residents and 1,333 per 100,000 commuters. 

Number 20 on the list is Miami, Florida, with 16 bicycle accident deaths over four years, or 9 per 1 million residents and 193 per 100,000 commuters. 

The bicycle accident statistics were obtained from the National Highway Traffic Safety Administration’s Fatality Analysis Reporting System (NHTSA FARS) for 2014-2017. Population statistics and cyclist commuting rates are from the U.S. Census Bureau’s American Community Survey.

Abilene (No. 2) and Arlington (No. 13) were the other Texas cities that made the list of dangerous cities for bicyclists. Texas, California and Florida accounted for 41% of all U.S. cyclist fatalities from 2014-2017, though the states accounted for roughly 25% of the country’s population.

Bicycle Accidents in San Antonio

The carinsurance.org analysis was published as San Antonio seeks to reduce carbon emissions by encouraging residents to commute to work on bicycles as an alternative to driving automobiles, the San Antonio Current says

San Antonio’s local cycling community is coming to grips with a number of cyclists’ deaths, including that of beloved bike shop owner Tito Bradshaw, who was fatally struck by a woman later indicted for drunk driving. The University of Texas San Antonio (UTSA) recently opened a bicycle repair shop and named it to honor Tito Bradshaw.

Earlier in 2019, San Antonio surgeon Dr. Naji Tanios Kayruz, 58, was killed while riding his bicycle near The Dominion, a neighborhood in northwest San Antonio. A female motorist was later charged with intoxication manslaughter and failure to stop and render aid resulting in death. 

An Alamo Area Metropolitan Planning Organization advisory committee report on bicycle mobility said that 29 people had been killed or seriously injured while riding a bike in 2018. The number of fatal bicycle crashes rose from four in 2017 to seven in 2018.

Motorists are often, though not always, at fault in collisions with bicyclists. 

The carinsurance.org report says the motorist was at fault in 38% of fatal bike accidents it reviewed. The cyclist was reported as at fault only 31% of the time. In the remaining cases, fault was unknown or not reported. Also, more than 60% of fatal bike accidents occur outside of intersections on open roads, it says.

5 Tips for Safe Bicycling in San Antonio

As San Antonio bicycling advocates continue to push for protected bike lanes on Broadway Street south of Hildebrand Avenue and other locations, it’s worthwhile for active bicyclists of all ages and experience to review bicycling safety tips. 

Adult riders and parents of young riders should familiarize themselves with Texas bicycling laws and San Antonio bicycling ordinances.

The following safety tips are from the AAA auto club and a San Antonio bicycle shop.

  • Ride responsibly. Always ride to the right with and never against traffic and in single file when in a group. Stop at stop signs and lights, and use hand signals to signal turns, slowing and stopping. Stop and look before entering a roadway from a parking lot, driveway, or alley. 
  • Stay alert. Keep your eyes up and scanning what is ahead and to the left and right of you. Pay attention to vehicles, pedestrians and others on the road. Do not wear earbuds or headphones while riding because you need to be able to hear approaching cars.
  • Ride defensively. Wear a helmet and other protective gear. Always assume that drivers can’t see you unless you can look them in the eye. Ride at least 3 feet to the left of parked cars to avoid getting hit by a car door swinging open. Always watch for turning vehicles at intersections. If you have the option, avoid busy roads and peak traffic times on your commute.
  • Be seen. Wear bright colors and retro-reflective material on your clothing. Have working lights and reflectors on your bike and use them at dusk and dawn, as well as in nighttime darkness. Look at drivers, especially when starting from a stop at an intersection. Proceed cautiously.
  • Maintain your bike. Keep the chain clean and lubricated. Check tire pressure before each ride and periodically inspect brake pads and lights.

San Antonio motorists need to be aware of the city’s “Safe Passing” ordinance, which sets a requirement for motor vehicles as they encounter “vulnerable road users,” such as cyclists, pedestrians and motorcyclists. It requires motorists not to interfere with vulnerable users’ legal use of the road. Safe passing distance is defined as 3 feet for cars and 6 feet for commercial or large trucks, unless road conditions do not allow the space. Violation of the ordinance is punishable as a Class C misdemeanor, with a fine not to exceed $200.

Contact a Bicycle Accident Attorney in San Antonio

Under Texas law, cyclists may seek financial compensation for injuries and other losses that an at-fault motorist causes them in a bicycle accident. At Herrman & Herrman, PLLC, our San Antonio bicycle injury lawyers help injured bicyclists and the families of cyclists in fatal accidents seek the maximum insurance settlement available. Our personal injury attorneys have successfully handled more than 20,000 cases. 

Call now at (361) 792-3669 to schedule a free initial consultation about your legal options for a San Antonio bicycle accident claim.

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Popular Motorcycle Cruise Routes in Texas

Motorcycle riding is one of the best experiences anyone can have. Often referred to as an overload of your senses, the thrilling exercise gives you a feel like no other.

Many motorcyclists are familiar with the feeling of the wind brushing against their faces, marauding through a fleet of rather slow cars at that point. The feeling is nothing short of phenomenal; very little can be compared to it.

But you know what’s better than experiencing the life changing feel of a motorcycle ride? Enjoying the cruise while riding along amazing routes.

In this article, we bring you a few of those amazing routes from the very home of such wonders – Texas:

  • Willow City Loop

Situated few miles off Fedricksburg within central Texas, you have scenery of purely beautiful 20 miles ride which starts in the small town called Willow city.

The area provides a pleasure zone for lovers of wildflowers as they are ever-present within it. Riders get to ride up and travel around the beautiful hills.

The area being a motorcycle friendly one has a few bars which are set up to cater for the motorcyclists.

One thing to be cautious of when riding through this area though, is the heavy presence of cattle on the road.

 

  • Farm to Market Road

Cutting through the thick edges of the Sam Houston National Forest, you have approximately 30 miles of twisted road, exactly facing the west side of Montgomery .

This route provides motorcyclists with an unforgettable ride through very eye catching pines.

The route has a couple of stops for a good snack and to ease the stress of riding.

 

  • The 100 mile loop

Approximately 100 miles facing the northwest of San Antonio, you have a string of roads hugely believed by many to be the best road within Texas for motorcyclists with experience who seek a thrilling trip.

This road is not in any way recommended to riders with little to no experience due to its complications.

The area has a motorcycle museum amongst other side attractions to make the ride an exceptional experience for seasoned riders.

 

  • Galveston Seawall

This route offers riders who are adventurous a nice break away from Houston.

The trip on the way out is widely considered to be an uninspiring one but that changes once the rider is out of Houston.

The ocean provides a soothing view and feel for the riders.

Texas contains some of nature’s finest attributes and this makes it an ideal location for riders who don’t just want a ride but want a memorable one.

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Saturday, January 25, 2020

WHAT IS PERSONAL INJURY PROTECTION? (PIP)

Personal injury protection is a branch of auto insurance that deals with the passengers of a vehicle in the event of an accident. It covers the expenses incurred for medical bills and funerals of an accident occurs.

The difference between personal injury protection and health insurance is that health insurance only covers the medical expenses if the driver is at fault while personal injury protection does so irrespective of who the fault is from. This explains why personal injury protection is also called a “no-fault” coverage or insurance.

 

Another distinguishing factor is that personal injury protection also pays for “lost fees” in cases where the accident victim is bedridden and unable to work for some time due to the injuries sustained. However, personal injury protection is limited to car injuries alone. The victim may be a passenger, a pedestrian or even the driver of the vehicle but the only constant factor is the cause of the accident – a car.

Before approving the funds for treatment, the insurance company may have the accident victim examined by medical personnel or (in cases of emergency), issue a partial approval. One thing you should know though is that PIPs don’t cover all expenses. In Florida, it only takes care of 80% of the medical expenses and a sum of $10,000. Anything above that would have to be funded personally.

Do You Need a Personal Injury Protection?

Personal injury protection is not a must-have in most states. As a matter of fact, only 16 states in the United States request that every driver should have a minimum level of personal injury coverage. A PIP coverage takes care of most of the expenses resulting from an accident including:

  • Hospitalization.
  • Surgeries.
  • Lost fees and
  • Funeral expenses.

This, however, is not guaranteed in all states so it is essential to have accurate details on the policy for your state while considering getting a PIP coverage.

Summarily, personal injury protection insurance is not compulsory but it is advisable. It puts you on the safer side regardless of who is at fault in an accident. Also, depending on the state, a PIP may or may not be linked to your health insurance so speak with your insurance company before you get a PIP and ask as many questions as you would love to.

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Wednesday, January 22, 2020

Corpus Christi, TX Man Is Whole Again After 18-Wheeler Truck Accident

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José Farias Jr.

To this day, Corpus Christi resident José Farias Jr. is reminded of the traumatic truck accident he experienced one late afternoon in July 2019, every time he approaches an intersection.

José, 56, had finished work for the day at LyondellBasell, where he works as a shift supervisor and was on his way home in his newly purchased 2018 Chevy Silverado. Stopped at the intersection on Ave F and 2700 in Corpus Christi, José was suddenly rear-ended by a 2015 Ford F-150.

The impact was so great that it spun José’s vehicle into oncoming traffic. That traffic was an 18-wheeler truck that was fully loaded with grain.

“The driver rear-ended me and spun my vehicle into oncoming traffic,” said José. “The fully loaded 18-wheeler grain truck had no chance to avoid colliding into my newly purchased truck.”

José was taken to the ER and treated for neck, back, and right bicep injuries.

“Pain radiated down my right shoulder to the bicep,” said José. “It all hurt so bad, but I am still thankful that I wasn’t hurt worse.

“I had physical therapy, which helped, but it was a very painful process.”

To this day, the horrific accident has scarred José.

Paranoid About Every Intersection

“I now find myself more paranoid of every intersection I come to,” said José, “thinking that someone is going to run the stop sign again.”

Left with a totaled truck, mounting medical bills, and requiring time off of work due to his injuries, the unexpected predicament José found himself in was stressful, to say the least.

The side of José’s totaled 2018 Chevy Silverado where the 18-wheeler hit him.

Fortunately for José, because he was the victim in this accident, the other driver’s insurance would be able to take care of his medical bills and the cost of replacing his totaled truck, right?

José called the at-fault driver’s insurance company to file a claim.

“They would not confirm whether or not the driver that hit him was even covered,” said Herrman and Herrman case manager, Connie Polk.

“Mr. Farias came to us when he got a bad feeling about the at-fault driver’s ‘insurance’,” explained Connie. “They wanted José to answer all of their questions, like wanting to know where he worked, how much money he made, and so on.

“It seemed that the insurance company wanted José to answer all of their questions while providing him with no answers in return.

The rear-ed of José’s truck where he was initially hit.

“He quickly realized he was ‘out of his league’ and wisely hung up with them and called our firm immediately.”

Other Driver Was Uninsured

José was smart to bail on the so-called insurance of the other driver. While the at-fault driver did give insurance information to the police at the scene of the accident, that information turned out to be false.

“The driver who originally struck me,” said José, “falsely gave the authorities insurance information that wasn’t honored.”

José was understandably frustrated.

“My main concern was that I had no recourse but to absorb the entire incident be-cause of the dishonesty of someone else,” said José.

“I missed several days of work,” said José, “and had to leave work early for physical therapy.”

“The bills mounted quickly and with the at-fault driver not responsible enough to have insurance, the burden would all fall on me, not to mention my credit rating if I would’ve been paying late on my bills.”

Part of the mounting bills included a replacement truck that José had to purchase because his last truck was totaled.

“I had to purchase a replacement truck out of my own pocket,” said José, “which increased my payments by $125. All of this was definitely not planned.”

Skeptical Of Lawyers

José knew he needed help. But he was not too thrilled by the idea of hiring a law firm either.

For decades, a few greedy, dishonest personal injury attorneys have given lawyers a bad reputation.

“Honestly, I had heard all the horror stories from others about law firms and lawyers,” José admitted. Considering that José has also worked with both Nueces and Kleberg County Sheriff’s Departments for the last 32 years, it might explain his skepticism of the legal profession.

“Working with Herrman and Herrman and my case manager, Connie, has shown me a different side to the reputation that has been otherwise smeared.”

At first, José wasn’t shy about sharing his distrust of law firms with Connie.

“When we first spoke,” said Connie, ”he made it clear that he was very skeptical of lawyers and that he had heard many horror stories.

“I made it my mission to get Mr. Farias the help he deserved and to help show him that law firms like ours are truly here to help the public when they’ve been injured and have nowhere to turn.

“Fighting the massive insurance companies on your own puts you at a huge disadvantage. We’re here to help even the playing field for the victims.”

“On The Case Quickly, Results Within Hours”

José’s decision to find help and hire Herrman and Herrman paid back almost immediately.

“From the moment I first contacted the firm, they were on the case quickly,” said José.

“I saw results within the first few hours of contacting them. And even bigger results within 3 weeks of my incident.”

Going beyond the standard services a law firm may typically provide, Herrman and Herrman even helped relieve José’s transportation problems.

“They were able to negotiate reliable transportation for me and kept me on the road and mobile while my vehicle was being evaluated,” said José.

Given the circumstances of the at-fault driver’s lack of insurance and Mr. Farias’s mounting bills, the firm knew they needed to get right to work.

“When we discovered the at-fault driver had no insurance,” said Connie, “we knew we had to move fast to help give Mr. Farias some relief.

“We put his insurance company on notice immediately that there was no coverage for the liable party.”

Moving Fast

Moving fast was crucial to helping José keep his head above water from his growing debt.

“Along with his mounting medical bills, time off of work to recover and get treatment, and needing a new vehicle since his was totaled, he was also incurring storage fees on his totaled truck.

“We got his insurance company to get to work fast on his property damage and streamline the settlement.

“In Mr. Farias’s case, we knew how much stress was being caused by the mounting bills he was having to cover out of pocket, so I wanted to make sure he was relieved ASAP.”

Helping clients have hope, stay positive, and see a light at the end of their di-lemma is a top priority for Herrman and Herrman. One part of ensuring that happens is having a team available to address the concerns of clients.

“Open, honest and regular communication with our clients is a key tenet in my firm,” said Gregory Herrman, the managing partner at Herrman and Herrman.

“The people we’re helping are usually going through one of the most difficult events in their life. One way we can make that less stressful for our clients is to communicate regularly and honestly.”

Throughout the case, José was reassured that there would be a light at the end of the tunnel and would be able to get his life back to normal.

“Gave Me Hope I Would Be Made Whole Again”

“Herrman and Herrman, particularly my case manager, Connie, addressed all of my concerns and gave me hope that I would be made whole again, both physically and financially,” said José.

“Connie was always very honest and willing to talk about my concerns.”

José couldn’t be happier with the outcome of his case.

“I absolutely feel relief to be able to pay my medical bills,” said José.

“Working with the firm was much easier than I had hoped for.”

From Skeptic To Big Fan

Not only was José able to get a settlement that allowed him to be whole again, but he has also transformed from being a law firm skeptic, into a big fan of Herrman and Herrman.

“It’s great to work with a law firm that’s not only known for its integrity but also known for being involved and vested in my community,” said José.

“They kept me informed and up to date throughout my case. They always responded promptly and were friendly.

“Having an actual person and voice to answer my questions is a huge plus when dealing with a situation that I do not have the expertise in – such as Connie and the Herrman and Herrman firm.”

“Don’t Take On Battles You Don’t Understand. Leave It To The Pros.”

“I feel like I have a friend with Connie and feel like I could contact her or anyone at the firm to give me the right direction in the event that I need representation.

”I will also no doubt convey my great experience with my friends and colleagues!” said José. “I would tell them not to take on battles you don’t understand.

“Things such as legal matters are best handled by the professionals at Herrman and Herrman.

“If you don’t seek their help, the experience may be full of injustice or even worse, may cost you more in the long run.

“Let Herrman and Herrman be your spokesperson in the world of legal matters and justice.”

Connie’s mission of helping José while also changing his perception of law firms was also a great success.

“I’m so happy that we were able to make a believer out of José!” exclaimed Connie.

“I started this firm to help the underdogs win their fights against big corporations and insurance companies,” said Gregory Herrman.

“But, it’s clients like Mr. Farias, ones that are skeptical and have lost hope that there is anyone that is on their side, and showing them that my team and I are truly here to fight for them – we love making them into believers.”

 

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Tuesday, January 21, 2020

Corpus Christi Roads Prove Dangerous for Pedestrians

No one expects to get hit by a car while walking. We learn while very young to look both ways and to cross the street with the lights. But highways in Corpus Christi have grown wider and intersections busier.

Half of the fatal traffic accidents that occurred in Corpus Christi in 2018 involved a person trying to cross a roadway or intersection on foot, according to Corpus Christi Police Department data published by the Caller Times.

Across Texas, 621 pedestrians were killed in traffic accidents in 2018, the Texas Department of Transportation (TxDOT) says.

The problem of pedestrian accidents continues, with a 36-year-old pedestrian left in critical condition in May 2019, a man in his 30s struck and killed by an intoxicated driver in November, and a 60-year-old man found dead on the side of the road after a hit-and-run on January 15, 2020, to cite a few incidents.

At Herrman & Herrman, P.L.L.C., our compassionate Corpus Christi injury attorneys help pedestrians who have been hurt in automobile accidents and the families of pedestrians who have been killed. We have seen the trauma that negligent drivers cause the people they hit and the grieving families of those killed.

As experienced Corpus Christi personal injury lawyers, we help victims of pedestrian accidents hold negligent drivers accountable and pursue compensation for their losses.

What Are the Most Dangerous Corpus Christi Roads for Pedestrians?

The Caller Times used Corpus Christi Police Department data to identify the Corpus Christi roads that were the scenes of the most pedestrian crashes in 2016-2018. The newspaper said more people were hit by cars on South Padre Island Drive than any other road in Corpus Christi during those three years.

Police reports indicate that 26 pedestrians were hit by motor vehicles on South Padre Island Drive, the access road to TX Highway 358. Two pedestrians were killed.

Other dangerous roads in Corpus Christi listed in the report were:

  • TX Highway 358. 15 pedestrian crashes with 5 deaths
  • Ayers Street. 24 pedestrian crashes with 2 deaths
  • Staples Street. 24 pedestrian crashes with 2 deaths
  • Leopard Street. 21 pedestrian crashes with 2 deaths.

Corpus Christi Police Capt. Russell Sherman said pedestrians are least likely to survive being hit by a motor vehicle on a high-speed roadway. Speed limits on TX 358 reach up to 65 mph, for example. Sherman said people on foot should never try to cross a freeway because it is hard to judge the speed of a vehicle travelling at high speed.

In one of the fatal pedestrian collisions in 2018, the person was using a crosswalk. The others were attempting to cross the road without using a crosswalk.

Texas Law and Pedestrians

Corpus Christi does not have a local ordinance barring jaywalking; city ordinance  §53-15 addresses how motorists should pass pedestrians and bicyclists using local roads.

Texas law requires vehicles to yield the right-of-way to pedestrians in crosswalks. Pedestrians are to obey “walk,” “don’t walk” and “wait” signals if present or cross only when there is a green traffic signal for their direction if at a controlled intersection.

The law says, “A pedestrian shall yield the right-of-way to a vehicle on the highway if crossing a roadway at a place other than in a marked crosswalk or in an unmarked crosswalk at an intersection.”

The law also says a pedestrian may not suddenly enter a crosswalk when a vehicle is approaching and is so close that it is impossible for the vehicle operator to yield.

However, the law also admonishes drivers to:

  • Exercise due care to avoid colliding with a pedestrian on a roadway
  • Give warning by sounding the horn when necessary
  • Exercise proper precaution upon observing a child or an obviously confused or incapacitated person on a roadway.

In the end, it is up to everyone on the road to reduce the number of pedestrian accidents in Corpus Christi and throughout Texas.

Tips for Pedestrian Safety To Avoid Being Hit by a Car

The National Highway Traffic Safety Administration (NHTSA) offers 10 tips for staying safe along and while crossing roads and highways:

  1. Be predictable. Follow the rules of the road and obey signs and signals.
  2. Walk on sidewalks when they are available.
  3. If there is no sidewalk, walk facing traffic and as far from traffic as possible.
  4. Keep alert at all times. Don’t be distracted by electronic devices that take your eyes and ears off the road.
  5. Whenever possible, cross streets at crosswalks or intersections, where drivers expect pedestrians. Look for cars in all directions, including those turning left or right.
  6. If a crosswalk or intersection is not available, locate a well-lit area where you have the best view of traffic. Wait for a gap in traffic that allows enough time to cross safely; continue watching for traffic as you cross.
  7. Never assume a driver sees you. Make eye contact with drivers as they approach to make sure they see you.
  8. Be visible at all times. Wear bright clothing during the day and reflective materials or carry a flashlight at night.
  9. Watch for cars entering or exiting driveways or backing up in parking lots. Assume that they do not see you.
  10. Avoid alcohol and drugs when walking; they impair your abilities and your judgment.

Contact a Corpus Christi Pedestrian Accident Law Firm

If you or your loved one has been seriously injured in a pedestrian accident in Corpus Christi or anywhere in South Texas, you should seek the help of an experienced pedestrian injury lawyer. A pedestrian accident that is not fatal can result in a lengthy recovery during which the individual is unable to work while medical bills and other expenses continue to mount.

A pedestrian accident lawyer at Herrman & Herrman can provide a free, no-obligation review of the facts of your case and explain your legal rights. If you have a valid pedestrian accident claim, we can seek full compensation for your injuries and other losses. We handle pedestrian accident cases on a contingency basis, so you do not have any upfront costs. Contact us now for aggressive legal representation.

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Monday, January 20, 2020

Move Over Or Slow Down Law

Law enforcement agencies and the government have been trying so hard to help save lives from highest accidents from reckless drivers. But as the year passes by, it is realized that the law enforcement agents and traffic workers are the ones most involved in these high way accidents, hence, prompting the government to bring out a law that authorizes drivers to either move over or slow down.  Most drivers are ignorant of these laws which happens to be a bigger problem because if you are caught going against the laws, you will be forced to pay a fine.

 

What is a move over/ slow down law?

This is the question most people ask especially when they are caught violating the laws. It may interest you to know that these move over/slow down law vary from state to state, and every state has it’s own laws and fine attached for defaulters.

However, the move over or slow down law states that motorists should kindly switch James when they see an emergency vehicle, Like ambulance, firefighters or law enforcement agents on the road. These emergency vehicles will keep flashing their headlights so as to make a motorist aware of them and move over to another lane. If at the time you notice the emergency vehicle or law enforcement agent you feel it is too late to move over from the emergency and, then hit your brake and slow down.

By doing this, you are providing a safety zone for the utility workers or enforcement agents that are on the road. Sometimes you get to see people cleaning the road or a towing van packed by the side of the road, with a traffic sign to indicate that the road isn’t safe. The best thing to do is move over to another lane when you notice the signal or slow down until you have passed that area.

 

Conclusion

Why ignore the law and risk the lives of others? Ignorance is never an excuse to do some certain things, like getting involved in an accident that could have been obviously avoided. This shouldn’t be a law in the first place, every motorist should know that once you see an emergency or utility vehicle or tow vans parked by the roadside you should leave the lane for them to avoid stories. But because most people still act ignorant, drive recklessly and accidentally kill law agents, the government brought out the laws with a fine attached to it. So failure to comply, you will have to pay the fine.

Try to learn about your state’s move/slow down laws and adhere strictly to it. The safety of others lies in your hands as a motorist.

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Friday, January 17, 2020

Highway to South Texas Rated Worst for Drowsy Driving

Several Texas highways, including a 145-mile interstate between Corpus Christi and San Antonio, have been called among the worst in the nation for drowsy or fatigued driving fatalities. Texas counties as a whole including Hidalgo County appear near the top of various counts of sleep-related car accident fatalities.

“Falling Asleep At the Wheel,” names Interstate 37 in southern Texas and U.S. 285, which runs through Texas, New Mexico and Colorado, as the nation’s most dangerous roads for fatal sleep-related driving accidents. I-37 had the highest volume of fatal drowsy driving accidents.

On I-37, drowsy driving accidents account for nearly one of every five fatal motor vehicle accidents, the study says. Commercial truck drivers spend many hours behind the wheel to transport goods. They are among the drivers most likely to drive when fatigued and struggling to stay awake, the report says. Large trucks can weigh up to 80,000 pounds, which makes truck accidents especially dangerous.

I-37 runs through a largely rural part of Texas and there aren’t many towns or roadside stops for drivers to take a break and get refreshed, Fox 44 News in Waco says in its coverage of the study.

Interstate 40, which runs across the Texas Panhandle, is also listed among the most dangerous for sleep-deprived drivers with 7.06% percent of fatal accidents sleep-related.

On U.S. 285, of which about 100 miles stretch between Fort Stockton and the New Mexico state line north of Pecos, 18.09% of fatal accidents are sleep-related.

Bexar County (San Antonio) is No. 2 of 10 counties in the US. with the most sleep-related driving fatalities in the past six years, with 35. Dallas County and Atascosa County (Jourdanton), each with 19 sleep-related driving fatalities in the last six years, are No. 6.

Overall, Texas is fourth in the nation with 5.7% of fatal accidents linked to fatigue or drowsiness. Wyoming (8.6%), Vermont (6.8%) and Colorado (6%) are the Top 3 and Montana (4.6%) is No. 5.

The study is by Sleep Junkie, a website that publishes sleep health information along with comprehensive mattress reviews and sales guides. Its authors used National Highway Traffic Safety Administration (NHTSA) data from 2010 to 2015 to analyze how many sleep-related fatalities occurred by road, road type, state, time of day, type of car, and county. The definition for sleep-related accident is a fatal car accident in which at least one driver of a vehicle involved in the crash was reported to have been asleep or fatigued.

Why Is Drowsy Driving So Common?

The report says some estimates suggest that more than 1,500 people die every year due to someone falling asleep behind the wheel. Some studies indicate that being awake for more than 18 hours can produce impairment of judgment and reflexes similar to a blood alcohol level of .05. A blood alcohol level of .08 is considered legally drunk.

The Centers for Disease Control and Prevention says no one knows the exact moment when sleep comes over their body. The danger of falling asleep at the wheel is obvious but being sleepy also affects your ability to recognize and respond to dangerous traffic situations and avoid accidents. Being drowsy …

  • Makes you less able to pay attention to the road.
  • Slows reaction time necessary to brake or steer suddenly.
  • Affects your ability to make good decisions.

People can become sleepy or fatigued behind the wheel because they:

  • Drive for extended periods of time
  • Drive without having had adequate sleep the previous night
  • Have had too little sleep over a long period
  • Have consumed alcohol or medications that have a sedative effect
  • Suffer from untreated sleep disorders such as sleep apnea.

The report also says getting on the road before you’re fully awake and alert can be as dangerous as not having had enough sleep.

Weather and light may also contribute to dangerous conditions that promote falling asleep at the wheel.

The Sleep Junkie study says the most frequently cited factors in drowsy driving fatalities are:

  • Interstate highways
  • The hours of 6 a.m. to 7 a.m.
  • Dawn lighting conditions
  • Foggy weather
  • Utility vehicles and pickup trucks.

People who are more likely to drive drowsy are:

  • Younger male drivers who do not get enough sleep because of working part-time in addition to school and/or active social lives
  • Young mothers, particularly those who also work outside of the home
  • Commercial drivers who operate vehicles such as tractor-trailers and buses
  • Drivers on long trips
  • Shift workers who work night shifts or split shifts
  • Drivers who use certain medications, alcohol or illicit drugs
  • Drivers with untreated sleep disorders.

Contact a McAllen, TX, Drowsy Driving Accident Lawyer

If you or a loved one of yours has been in an accident in which a car or truck did not brake or attempt to avoid the collision, the other driver may have been drowsy and nodding off at the wheel or actually asleep at the wheel at the time of the crash. A car accident attorney from Herrman & Herrman in McAllen, Texas, may be able to help you obtain compensation for your medical bills and other losses.

The attorneys at Herrman & Herrman offer a free, no-obligation review of the facts of your case. If you have a valid claim, we can gather evidence, contact the insurance company and seek the full compensation appropriate for your injuries and other losses.

Our fatigued driving accident injury lawyers have a successful track record of recovering high-value settlements and verdicts for accident victims like you. Contact our firm now for aggressive representation in your drowsy driving accident claim.

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Thursday, January 16, 2020

Oilfield Dangers In Texas

The great state of Texas is oil country indeed as there many oilfields in places like the Permian basin and as a result, the companies in charge of these oilfields are in the forefront of leading what is now called the Oil boom in the US and driving the growth of the oil and gas sector, meeting the ever-growing demand by Americans for energy, and boosting the economy of both Texas and the country. What all this means is that; there are more jobs available for both skilled and unskilled labor in these, as the companies seek to meet up with demand and their goals and operate at full capacity.

While this is very good news overall, it doesn’t come with significant drawbacks especially with the issue of accidents and injuries which do happen in the field. Occupational hazard, right? Well, if you are thinking of taking up a job at one of these oilfields, you should know that even though they pay pretty, and have great benefits, the dangers that workers face could lead to life-changing injuries and could even be fatal.

To drive the point home about just how dangerous life in an oilfield can be, we found a statistic online that showed that; Texas accounts for more injuries and deaths on oilfield sites than any other state, which is up to 40% of the total deaths and injury that has occurred on oilfields in The US. Having in mind these statistics, it is important you are aware of the dangers that you could face.

Exposure To Toxic Chemicals or Fumes

Because the job involves oil and gas, it very likely that you will be exposed to toxic substances that could be inhaled or that could come in direct contact with any part of the body even the eyes. What is more worrying about this problem, is that signs of any damage to a person’s health might not show up immediately until they become a serious problem later in life.

Explosions and Fires

It is a well-known fact that that the products produced in the field are very volatile and so, it is no surprise that cases of fires are sort of common and there have been cases of serious explosions in these oilfields. Needless to say, situations like these are very dangerous and could cause physical injuries or even lead to fatality.

Burns

Burns are very common in this line of work because some of the equipment and machine that workers work with or around are extremely hot or even produce steam that typically leads to burns.

These are just some of the dangers that you could face, and the root cause of these hazards could come from; under-staffing which could cause fatigue of the workers, which makes them vulnerable to complacency, also lack regular maintenance of the equipment, none compliance to safety measures and industry best practices, or even lack of adequate training of under-skilled workers.

However, you should know that the oil companies that own these oilfields are responsible for their staff, so workers who are affected are entitled to the payment of medical bills and other financial compensations. Also, ensure you understand the terms of your contract and ensure that the company you will be working for is committed to the safety of its staff, and remember to be careful as you go about your job.

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Wednesday, January 15, 2020

San Antonio Rethinks Transit Amid Increased Traffic and Accidents

San Antonio is one of the fastest growing cities in the United States. An additional one million people are forecast to move to Bexar County in the next 20 years, adding to traffic congestion and making transportation planning critically important to avoid gridlock.

The current discussion about the future of San Antonio’s transportation system is prompted in part by the Texas Department of Transportation’s proposal for a $1 billion project to expand Loop 1604 to a 10-lane roadway between Bandera Road and Interstate 35.

While evaluating whether to expand San Antonio highways to accommodate more traffic or increase access to public transit, a recent article by the Rivard Report, a San Antonio news outlet, says:

“The resulting congestion mitigation strategies of the Texas Transportation Institute’s annual Urban Mobility Report are typically to build wider roadways for people to drive private vehicles more easily, making it more dangerous for people walking and biking and often encouraging more congestion….”

In short, the theory is if you build wider roads, then more traffic and more traffic accidents will inevitably follow. That has inspired efforts by San Antonio leaders to rethink the approach to dealing with traffic congestion.

As part of reimagining San Antonio’s transportation system, San Antonio city leaders are backing an expansion of VIA, San Antonio’s public bus system, through a November 2020 ballot initiative that would dedicate a one-eighth-cent sales tax to VIA and the VIA Reimagined expansion plan.

What is San Antonio’s ‘VIA Reimagined’ Public Transit Plan?

Instead of building 10-lane highways, the VIA Reimagined plan is to develop more frequent bus service, a rapid transit network that bypasses traffic in dedicated lanes, and innovative solutions built around smart transit technology. Since 2018, VIA has increased bus frequency on key routes, rebuilt 1,000 bus shelters and debuted a trip-planning and payment app, all of which have been followed by growth in ridership.

VIA Reimagined is a 10-year plan based on VIA’s Vision 2040 Long-Range Plan. According to VIA and a previous Rivard Report explanation, a rapid transit network will consist of a network of dedicated lanes that allow modern, high-capacity buses to bypass traffic backups on routes between the region’s major communities and employment centers.

The Rivard Report said in March: “VIA Reimagined is the transformative plan needed to accommodate unprecedented growth in the region. It provides a blueprint that doesn’t aim to eliminate traffic but envisions a transportation network with the freedom to move outside of traffic.”

By 2030, according to VIA’s plan:

  • 68% of riders will have access to a bus within 12 minutes or sooner, an increase of 24%.
  • 86% of Bexar County residents will be within a 10-minute walk of VIA services.
  • 47% more jobs will be within a 10-minute walk of VIA services.

“For more than four decades, San Antonio has dedicated only one-half-cent sales tax for public transportation, while other Texas cities have applied the maximum 1-cent sales tax approved by the Texas Legislature,” the Rivard Report says in its argument for November’s sales tax initiative. “Those cities now have mass transit systems far superior to VIA, and Dallas and Houston, in particular, have received hundreds of millions of dollars in federal matching funds.”

The tax currently goes to the Edwards Aquifer Protection Program and the buildout of the city’s linear hike and bike trails, which the Rivard Report says are nearing completion and can be funded via other sources in their final years.

San Antonio Growth and Increased Traffic Accidents

VIA officials say the Bexar County region will grow by 1.6 million residents by 2040, which will cause a 35% increase in traffic congestion and add 41 minutes to the average commute.

Meanwhile, 139 people were killed and 5,277 were injured in crashes in San Antonio in 2018, according to the Texas Department of Transportation (TxDOT). In Bexar County in 2018, there were 49,191 motor vehicle accidents, with 180 fatalities and 6,139 injuries, according to TxDOT.

Here’s a count of traffic accidents in San Antonio and Bexar County from TxDOT for 2018 and the prior five years:

  • 2018: 49,191 in Bexar County, 42,043 in San Antonio
  • 2017: 50,548 in Bexar County, 43,895 in San Antonio
  • 2016: 52,644 in Bexar County, 46,132 in San Antonio
  • 2015: 48,291 in Bexar County, 42,438 in San Antonio
  • 2014: 42,724 in Bexar County, 37,238 in San Antonio
  • 2013: 39,693 in Bexar County, 34,741 in San Antonio

While we can be thankful for the dip in the number of accidents in the last couple of years, it’s clear that the trend is upward.

There are many types and causes of car accidents. Studies of car accident trends have cited several factors including the economy and the age of the population. The effect of the economy is demonstrated by the dip in accidents during the 2008 recession when fewer cars and trucks were on the road. Younger drivers are less experienced and more likely to take risks, as a June 2018 study suggests.

Meanwhile, a 2018 analysis by the American Public Transportation Association and the Vision Zero Network, which seeks to eliminate all traffic fatalities and severe injuries nationwide, concluded that using public transit is 10 times safer than traveling by private vehicle and using commuter/intercity railroads is 18 times safer.

According to National Safety Council’s Safety + Health magazine, researchers found that metro areas where residents take more than 40 bus or train trips a year have about much lower fatality rates than areas where residents average fewer than 20 trips a year. One of the ways public transit can help reduce traffic-related fatalities is by decreasing the number of high-risk drivers on the roads, it says.

Contact a San Antonio Accident Lawyer If You’ve Been In A Traffic Accident

Drivers who drive carelessly and cause car, truck, motorcycle, pedestrian and bicycle accidents in San Antonio can be held accountable for the harm they inflict upon others. The San Antonio accident attorneys of Herrman & Herrman can help you seek compensation for your medical bills, lost income, pain and suffering, and more if you have been injured or lost a loved one in an accident that was someone else’s fault.

Contact us in our San Antonio office for a free, no-obligation legal consultation today.

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How Common Are Fatal Car Accidents in Brownsville?

Texas had the most deaths in car accidents of any state in the union in 2018, the National Highway Traffic Safety Administration (NHTSA) says. There were 3,303 fatal motor vehicle accidents and 3,639 deaths across Texas in 2018, according to Motor Vehicle Crash Statistics published by the Texas Department of Transportation (TxDOT).

Residents of Brownsville and Cameron County may wonder how common fatal traffic accidents are in their border town.

The TxDOT report says there were 33 fatal accidents and 35 fatalities in Cameron County in 2018. That is just shy of 1 percent of fatal car accidents and car accident deaths in all of Texas occurring in the Brownsville area. It also amounts to about one fatal motor vehicle accident every 11 days.

Comparing Brownsville Fatal Car Accident Rates

A better way to look at car accident statistics is to compare the raw numbers in light of the population of the area. This way, for example, we can more logically compare the 368 fatal car accidents in Texas’ largest county, Harris County (Houston), where you would expect there to be more accidents, to the 33 fatal car accidents in much smaller Cameron County.

Based on a 2017 population of 4.65 million, the 368 fatal car accidents in Harris County translates to a rate of 7.9 fatal car accidents per 100,000 population. Cameron County, with a population of 423,725, had a fatal car accident rate of 7.78 per 100,000 population. As you can see, the rate of fatal accidents in Brownsville is comparable when you adjust for population size.

(To find that rate, divide the number of accidents by the total population of the county. Then multiply the result by 100,000 to provide the number of fatal car accidents per 100,000 people.)

It might be more appropriate to compare the fatal accident rate in Cameron County with Texas counties of similar population size. Unfortunately, there are not any close population comparisons among Texas counties. Cameron County’s population of 423,725 falls between:

  • Williamson County (Georgetown) north of Austin with a 2017 population of 547,545. Its 36 fatal car accidents in 2018 mean a rate of 6.57 per 100,000 population.
  • Brazoria County (Angleton) on the Gulf Coast with a 2017 population of 362,457. Its 31 fatal car accidents in 2018 mean a rate of 8.55 per 100,000 population.

Among the next smaller counties:

  • Bell County (Belton) had a 2017 population of 347,833. Its 28 fatal car accidents in 2018 mean a rate of 8.04 per 100,000 population.
  • Galveston County (adjacent to Harris County / Houston) had a 2017 population of 335,036. Its 37 fatal accidents in 2018 produced a rate of 11.04 deaths per 100,000 population.
  • Lubbock County had a 2017 population of 305,225. Its 24 fatal accidents in 2018 mean a rate of 7.86 per 100,000 population.

Where Do Fatal Car Accident Fatalities Happen in Brownsville?

The Texas DOT crash statistics break down the types of roads on which fatal car accidents occur. For Cameron County, the TxDOT reports fatal accidents in 2018 on:

  • Interstate highways, such as I-69E or I-2 (2 fatal accidents, 2 deaths)
  • U.S. and Texas state highways, such as U.S. 77 and TX-4 (11 fatal accidents, 11 deaths)
  • Farm to Market roads, such as FM 803 or FM 511 (14 fatal accidents, 15 deaths)
  • County roads, such as Paredes Line Road in Cameron County (1 fatal accident, 1 death)
  • City roads, such as E. Harrison Street in Brownsville (5 fatal accidents, 6 deaths)

Farm to Market roads are a type of secondary road unique to Texas that are narrower and more winding. They were designed to connect rural areas to city markets and make up well over half of the Texas highway system, according to Texas Monthly. Some FM roads are officially known as RM, or ranch-to-market roads because, when they were built in the 20th century, local ranchers objected to being called farmers by implication.

Top Causes of Fatal Car Accidents in Texas

The majority of Brownsville car accidents are caused by driver error, careless driving or recklessly disregarding traffic safety laws.

The NHTSA says approximately one-third of all motor vehicle fatalities involve speeding. In Texas in 2018, there were:

  • 219 fatal accidents caused by exceeding the speed limit
  • 440 fatal accidents due to unsafe speed
  • 494 fatal accidents caused by failure to control speed

Among 251 Texas deaths caused by speeding in 2018, there were:

  • 133 speeding drivers
  • 56 occupants of other vehicles not speeding
  • 47 passengers in speeding vehicles
  • 11 pedestrians
  • 4 others killed.

Almost 30 people a day die in drunk-driving crashes in the U.S., according to the NHTSA. That’s nearly one person every 50 minutes and more than 10,000 per year.

The TxDOT reports 513 fatal crashes caused by a driver under the influence of alcohol in Texas in 2018. Of 1,243 fatally injured drivers tested in 2018, 456 had a blood-alcohol concentration of 0.08 or more, which is per se evidence of drunk driving.

There were 850 DUI crashes overall and 940 DUI deaths in Texas in 2018. There were 189 more fatal crashes in which the driver had been drinking, the TxDOT says.

Texas statistics show 357 fatal accidents and 398 deaths in car accidents caused by distracted driving across the state in 2018.

How Can A Car Accident Attorney Help Me in Brownsville?

Too many car accidents in Brownsville lead to unnecessary deaths as well as serious injuries. If you have lost a family member in a car accident in Cameron County, Texas, caused by someone else’s negligence or recklessness, a Brownsville car accident attorney at Herrman & Herrman can help you seek full compensation for your losses and justice for your loved one.

Herrman & Herrman’s attorneys in Brownsville are ready to help if you have significant medical bills caused by another driver’s negligence or your auto insurance company is refusing an uninsured motorist policy claim. Let one of our knowledgeable Brownsville car accident attorneys review the facts of your case and explain your legal options in a free legal consultation. Contact us today.

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Kingsville, TX Mom Gets 5-Figure Settlement And Life Back To Normal

After enjoying an Easter Sunday afternoon at Loyola Beach in April 2019 with her family, Raquel Alvarez was returning home when her “life was completely turned around for the worst” by a careless driver.

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The family’s Chevy Silverado after the accident

With her husband, Michael, a former U.S. Marine, at the wheel of their 2009 Chevy Silverado, and their 2-year old son in the back seat, the 31-year old Kingsville, TX, resident was tired after a “beautiful day spent with family”. Easter Sunday at Loyola Beach had been an opportunity for the busy family to have some quality time together, away from the local bakery they own, El Pastel, on N. 7thSt.

Without warning, as Michael crossed the intersection on the 4000 block on 6thSt. in Kingsville, a driver heading in the opposite direction made a sudden and unsafe turn across their path. Michael was unable to stop in time and ended up T-boning the other driver’s 1999 Honda Civic, totaling the family Chevy.

While neither Michael nor their son were injured, Raquel suffered a serious injury to her right ankle. “Fortunately, I was the only one who was injured,” said Raquel, who was concerned about the wellbeing of her son in the back seat.

Everyday Activities Became a Struggle

Since the accident, Raquel has struggled with everyday activities from working at the family bakery and housework, to playing with her then 2-year-old son. Being unable to bear weight on her injured ankle has affected not just Raquel, but the whole family.

“I went from being able to drive myself and my son wherever we wanted – to having to wait for a ride to go anywhere,” said Raquel. “I would drive him to the park so that we could run and play. I can’t do that now.

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Raquel, her husband Michael and their son

“What’s worse is that I have to watch other people running with my son, having the fun that I should be sharing with him.”

What Raquel wanted, above all else, was to “get her life back to normal,” and she hired Herrman & Herrman to help her do that.

In the accident, Raquel suffered a ruptured anterior talofibular ligament (ATFL) that would require surgery to fix.

“My main concern has always been getting what is needed to get my surgery,” said Raquel. “I thought it was important to work with Herrman & Herman because they’re a local firm that’s involved in the community. No one could make you feel more at home than someone who is actually from ‘home’”.

Raquel knows that she made the right decision.

“It was easier than I expected because they made sure I really had to do nothing but focus on myself getting better,” she said. “They went the extra mile in caring about how I felt.

“I thought I would be just another case to the firm – but I left feeling like family”.

Law Firm & Case Managers Provide Peace of Mind

Raquel’s ankle injury meant that she needed a number of appointments with a variety of medical specialists. During the slow recovery, the team at the law firm have done everything they can to give her peace of mind.

“Connie, my case manager, was always there for me, promising everything would be taken care of,” said Raquel. “She was always there to make me feel better about the horrible situation. She remembered small details I’d mentioned. To me that is huge, since I know she deals with dozens of cases at one time.”

“Right from the beginning, we established a great relationship with Raquel,” said Herrman & Herrman case manager, Connie Polk. “Raquel had some low moments in her recovery and I reminded her how awesome she was doing and encouraged her to ‘hang in there’”.

“This accident would not have happened, but for the carelessness of the Honda Civic driver,” said Lupe Gonzalez, a legal assistant at the law firm who worked on the case with Gregory Herrman, the Managing Partner. “After a lovely family day at the beach over Easter, Raquel had her life turned upside down by a car accident caused by a driver who should have waited.

“Thankfully, nobody else was injured, but the accident and her ankle injury has really affected Raquel, as well as her whole family. No mother should be prevented from having fun with her kid.”

“Settlement Lifts a Huge Weight Off Me and Family”

“We wanted to do everything we could to help her get her life back to normal,” said Gregory Herrman. “Now that we’ve settled the case, Mrs. Alvarez can do that.”

“Knowing that the case has been settled has lifted a huge weight off me and my family,” said Raquel. “I now know I can finally have the surgery I need to get my life back to normal.”

The law firm won Raquel a 5-figure settlement.

“We needed to arrange multiple appointments with different specialists to understand the true extent of the injury and what medical care would be required,” explained Gregory Herrman. “Once it was determined that Mrs. Alvarez would need surgery, we were able to claim against the full policy limits of the other driver.”

“Herrman & Herrman Made My Life Easier”

Raquel is glad she chose Herrman & Herrman to represent her.

“Knowing that they were taking care of everything to do with the accident and my medical expenses made my life easier,” said Raquel.

“The fact that they actually cared about my well-being was a big thing for me. I loved everyone I ever spoke with at the firm. I was always received with a warm greeting.

“And they lived up to their slogan of ‘Always putting you first’ by listening and actually caring about how I was feeling.

“They were there for me when I felt I was alone.”

Putting Everything Back Together

“We’re happy that with her settlement, Mrs. Alvarez can get her surgery and start putting her life back together,” said Herrman. “I’m looking forward to seeing her running around and playing again with her son.

“I’m also proud of the extra mile our employees go to help our clients. The attention to detail and thoughtfulness that Mrs. Alvarez experienced from Connie and Christi, our case managers, is the level of service we think every client should have.”

Raquel has high praise for the law firm and every employee she worked with. “My case was handled in the best way possible,” she said. “Not only have I found a law firm I can trust, but I’ve made lifelong friends.

“Herrman & Herrman are amazing,” concluded Raquel. “Don’t hesitate to make the call. It’s time to put yourself first – and with this law firm, you know you will always be in good hands.”

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Monday, January 13, 2020

Child Behavior & Parental Responsibility in a Personal Injury Lawsuit

Being a parent is not an easy task as you are obligated to take proper care of your children. And in a case where you fail to look out for your child, you might be held responsible for whatever troubles they find themselves. In some states, they have a legal binding that parents be held responsible for every act of their child.

 

Personal Injury Lawsuit

In a case of personal injury, the victims are allowed to hold any party involved in their accident or injury liable for damages. This damage can be medical expenses or lost income. If the party responsible proves stubborn, you have the right to sue the person. Laying a lawsuit against the party involved will trigger the person to pay for every and suffering inflicted on you. But in the case where the party involved is a minor, who takes the blame? That’s where parental liability comes in.

 

Parental Responsibility

The parental responsibility laws are one in which most stares don’t joke with, because it is believed that every parent is legally responsible for every act of their children, be it criminal or civil actions. Although sometimes it may seem unfair to blame a parent for their children’s mistakes or actions, it is assumed that the child was being neglected that is the minor committed the crime. However, parents can only be held responsible if their child is a minor, but if the child is up to 18years, then that child is already considered to be an adult and will be held for any crime he/she commits.

 

Examples of parental responsibility

Knowing that the parental responsibility laws vary in States, let’s look at a few examples;

When a child is involved in willful misconduct that causes personal injury like accidents or property damage to another person, the parent is held responsible for such actions and made to fulfill every financial obligation that comes with the injury. In some states, they have no limit to parental responsibility, whatever personal injury or crime your child commits you are held responsible.

If your child drives your car and gets involved in an accident, the parent is held responsible for any damage caused by that child. And if a personal injury lawsuit is filed against the child, the parent will be sued and made to take up every financial obligation and in some cases, compensate the victim.

 

Conclusion

Every parent is obligated to supervise their minor child’s behavior so they don’t get into trouble. Because if your child gets into any sort of trouble with another person that results in personal injury, you as the parent will be held responsible. So, to avoid spending unnecessarily, parents are legally and religiously advice to look after their kids and never neglect them.

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Friday, January 10, 2020

Can Social Media Be Bad For My Personal Injury Case?

The number of social media users continue to grow rapidly, partly thanks to the fact that all a lot of folks all over the world now have access to mobile technologies that allow them to do so, and also partly because it is a great way to stay in touch with your buddies and family, connect to people everywhere and make new friend, share your experiences with people and learn about theirs.

However, whatever you do or post on social media can potentially make or break you, there is no going around this fact especially if have filed a personal injury lawsuit. So, what does this mean for you? Thankfully, you do not have to go cold turkey and stay off your social media pages while the case is still on or is starting, even though it isn’t the worse idea, but you must be careful and be smart about what you post.

Why Should I Be Cautious?

For starters, if you have taken an individual, group, a government agency, or organization to a civil court over a personal injury case, it means that you have suffered an injury or damages that the defendant is possibly legally responsible for, and they or their insurance company will be asked by the court to pay medical bills and or including monetary compensation. So, just as you will be represented by a personal injury attorney and you will be going up against their attorney and an attorney representing the insurance company.

How can They Use Your Social Media Against You?

  1. The Opposing Lawyers Carry Out Research

Any lawyer worth his/her salt will do what they can to win the case and typically this involves a lot of researches into your personal life and even your social media profiles, which means they could use your social media post against you.

  1. To Discredit Your Testimony

If your case is based on bodily harm caused to you and you post photos of you being active and performing activities you shouldn’t be able to, this could be very harmful to your case and could even destroy it.

  1. What Your Family and Friends Post

During this time, even the things the people close (who could be potential witnesses) post on their profiles could be used to ruin your case, by posting pictures or making statements about the case that could be damaging.

However, while you should always talk to your attorney before making any post or being extremely cautious about and also dissuade your family and friends from making posts related to the lawsuit on social media, it isn’t all bad. Given the number of people in the community that are also on social media, used the right way, you could use your pages to garner support and speak in your favor which could have a positive influence on the case. But remember, be responsible with your posts and you might come out on top.

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Tuesday, January 7, 2020

How Common Are Car Accident Fatalities in Corpus Christi?

With Texas DOT statistics showing more than 3,300 fatal car accidents in a year across Texas, Corpus Christi and Nueces County residents might wonder how often people are killed in car accidents in their home on Texas’ Coastal Bend.

The most recently published TX DOT Texas Motor Vehicle Crash Statistics report shows 36 fatal accidents and 40 fatalities in Nueces County in 2018. That equates to a fatal motor vehicle accident happening here about every 10 days. Corpus Christi is a dangerous place to drive.

Comparing Fatal Car Accident Rates in Corpus Christi and Texas

Stated another way, 36 fatal car accidents a year in Nueces County is 9.96 fatal accidents per 100,000 population. This figure, based on a 2017 Nueces County population of 361,221, allows us to compare the fatal accident rate in Corpus Christi to the rate in other Texas counties, which provides a better picture than raw numbers do.

For example, Harris County (Houston), Texas’ largest county, had 368 fatal car accidents in 2018 or, based on a 2017 population of 4.65 million, 7.9 fatal car accidents per 100,000 population.

More appropriate comparisons might be a made with counties that have populations similar to Nueces County, such as:

  • Brazoria County (Angleton), another Gulf Coast county. 31 fatal car accidents in 2018 and a 2017 population of 362,457 mean a rate of 8.55 per 100,000 population.
  • Bell County (Belton). 28 fatal car accidents in 2018 and a 2017 population of 347,833 mean a rate of 8.04 per 100,000 population.
  • Galveston County (adjacent to Harris County / Houston). 37 fatal accidents in 2018 and a 2017 population of 335,036 mean a rate of 11.04 per 100,000 population.
  • Lubbock County. 24 fatal accidents in 2018 and a 2017 population of 305,225 mean a rate of 7.86 per 100,000 population.

While fatal car accidents appear to be a little more common in Nueces County than they are in comparably sized counties (excepting Galveston), they occur less often in Corpus Christi than they do statewide. Across Texas, with a 2017 population of 28.32 million, the 3,303 car accident fatalities in 2018 equate to 11.66 per 100,000 population.

Statistics from the National Highway Traffic Safety Administration (NHTSA), which counts motor vehicle accident deaths, show that Texas had the most fatalities of any state in the union in 2018 and was second only to California in 2017.

Where Do Corpus Christi Car Accident Fatalities Occur?

The Texas DOT also provides a breakdown of the types of roads on which fatal car accidents occur. For Nueces County, the TX DOT report shows fatal accidents in 2018 on:

  • Interstate highways, such as Interstate 37 in Corpus Christi (6 fatal accidents, 7 deaths, all in urban areas)
  • U.S. and Texas state highways, such as U.S. 181 and TX-358 in Corpus Christi (11 fatal accidents, 11 deaths; 3 accidents and deaths in rural areas, 8 accidents and deaths in urban areas)
  • Farm to Market roads, such as FM 624 in Corpus Christi (6 fatal accidents, 9 deaths; 3 accidents and 5 deaths in rural areas; 3 accidents and 4 deaths in urban areas)
  • City roads, such as 3rd Street or Craig Street in Corpus Christi (13 fatal accidents, 13 deaths; 3 accidents and deaths in rural areas, 10 accidents and deaths in urban areas).

“Farm to Market” roads are secondary roads of a style unique to Texas. They are narrower and more winding, as they connect rural areas to city markets and reportedly make up well over half of the Texas highway system. Some FM roads are officially known as RM, or ranch-to-market roads because, when they were built in the 20th century, local ranchers objected to being called farmers by implication, according to veteran journalist Paul Burka and Texas Monthly.

Leading Causes of Fatal Car Accidents in Texas

The majority of Corpus Christi car accidents are caused by drivers who make driving errors, drive carelessly, or disregard traffic safety laws.

The NHTSA says speeding is involved in approximately a third of all motor vehicle fatalities. Texas DOT statistics depict how vehicle speed contributes to car accidents several ways. Statewide in Texas in 2018, there were:

  • 440 fatal accidents caused by unsafe speed
  • 494 fatal accidents due to failure to control speed
  • 219 fatal accidents caused by exceeding the speed limit, or speeding.

Among 251 Texas fatalities caused by speeding in 2018:

  • 133 were the speeding driver
  • 56 were people in other vehicles that were not speeding
  • 47 were passengers in speeding vehicles
  • 11 were pedestrians
  • 4 are listed as “others killed.”

Every day, almost 30 people in the United States die in drunk-driving crashes — one person every 50 minutes and more than 10,000 per year, according to the NHTSA.

The Texas DOT says there were 513 fatal crashes caused by a driver under the influence of alcohol in Texas in 2018. Of 1,243 fatally injured drivers tested for blood-alcohol concentration in 2018, 456 had a BAC of 0.08 or more, which is per se evidence of drunk driving.

There were 6 fatal crashes and 6 deaths in Nueces County in 2018 reported to have been caused by driving under the influence of alcohol. There were 850 DUI crashes statewide and 940 DUI deaths.

Distracted driving caused 3,166 deaths in motor vehicle accidents in 2017 or approximately one of every 10 crash deaths, the NHTSA says.

Texas statistics for 2018 show 357 fatal accidents and 398 deaths in car accidents caused by distracted driving across Texas in 2018. Among these, 2 accidents and 2 deaths occurred in Nueces County crashes. That figure likely undercounts the prevalence of distracted driving as a contributing factor.

How Can A Car Accident Attorney Help Me in Corpus Christi?

There are numerous other types and causes of car accidents in Corpus Christi that lead to unnecessary deaths as well as serious injuries. If you have lost a loved one in a car accident in Nueces County, Texas caused by another driver’s negligence, a Corpus Christi car wreck attorney at Herrman & Herrman may be able to help you hold the at-fault driver accountable and seek compensation for your loss.

The process starts with a phone call to Herrman & Herrman for a free consultation. One of our knowledgeable car accident attorneys can review the specific facts of the accident and explain your legal options.

All initial consultations are free, and if we can pursue compensation for you, we will do so aggressively. Contact us today.

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San Antonio’s Weirdest Intersection to Receive a Makeover

San Antonio motorists who have endured the traffic congestion where Harry Wurzbach Road goes under Austin Highway may look forward to a redesign meant to eliminate dangerous turns and frequent backups at the freeway interchange.

In a $22 million, two-year project to begin in February, the San Antonio intersection, near the intersection of Wurzbach and Eisenhauer Road, is to be redesigned as a single point urban interchange (SPUI), in which all traffic is controlled by one signal light, the San Antonio Express News explains. A single point interchange is an innovative design used to improve the efficiency of urban intersections. This will be the first SPUI in San Antonio and one of the few in Texas.

The newspaper describes the existing intersection as requiring drivers to execute “the Wurzbach Workaround” by cutting through either an H-E-B or Lowe’s parking lot to avoid backups and get access to the Austin Highway. The redesign will eliminate the lengthy stoplight, and a raised median is meant to prevent collisions.

“(B)y using the SPUI design over a traditional multi-lane interchange requiring flyovers, such as at Loop 1604 and U.S. 281, the new project will save an estimated $5 million to $7 million and a year of time,” the Express News says. “The city promises that all the area’s businesses will remain accessible during the construction.”

What is a Single Point Urban Interchange (SPUI) Intersection?

The San Antonio transportation blog On The Move explains that an SPUI connects a freeway to a surface street with a single traffic signal that allows opposing left turns to be conducted simultaneously. That eliminates multiple traffic signal phases and traffic backups as cars wait for a turn arrow. It also eliminates the straight-through movement between the freeway ramps. A driver coming off the freeway must turn either left or right onto the cross street.

“The ‘single point intersection’ of a SPUI is where all four left turns cross,” the blog post explains. “Typically, at a freeway/cross street intersection, you have two separate intersections where left turns are made. With a SPUI, those are collapsed into one single intersection midway between where the two traditional intersections would be. Drivers turning left pass to each other’s right, just like at a regular intersection, although the angle of the left turns is notably ‘softer.’”

The author of that post, urban and regional planner Brian Purcell, fully explains and illustrates the project at Harry Wurzbach and Austin Highway at his The Texas Highway Man blog. “The new interchange will allow traffic to more easily and intuitively get from Harry Wurzbach to Austin Highway and vice-versa, reducing congestion at the Eisenhauer intersections and eliminating cut-through traffic in adjacent parking lots.”

The Texas Department of Transportation (TxDOT) explains and illustrates the SPUI concept in a fact sheet. It says a SPUI enhances safety and mobility by reducing potential crash points at intersections and by allowing more cars to move through an intersection. This means a reduction in both delay and travel time.

At a SPUI, according to TxDOT:

  • Through-traffic is able to bypass the intersection without stopping at a traffic signal
  • Additional “green time” at traffic signals improves travel time by allowing more vehicles to pass through the intersection
  • Additional sidewalks increase safety and better accommodate pedestrians and bicyclists
  • Intersection design is relatively low cost and utilizes space more efficiently.

Do Most Car Accidents Happen at Intersections in Texas?

The TxDOT recently redesigned and reopened the intersection at Bandera Road (Texas 16) and Loop 1604 in San Antonio. The Texas Highway Man explains that project created another intersection design likely new to many drivers, called a Displaced Left Turn (DLT) intersection, or a Continuous Flow intersection. This is the first DLT in San Antonio, he says.

Why so much attention to intersections? The Federal Highway Administration (FHA) and the National Highway Transportation Safety Administration (NHTSA) say about 40 percent of motor vehicle accidents in the United States are intersection-related.

The NHTSA says that, in 2018, 734 fatal accidents in Texas occurred within an intersection or within the approach to an intersection. Of those, 49 fatal intersection accidents occurred in Bexar County.

In a 2010 study of intersection accidents, the NHTSA found that 96 percent of intersection accidents were caused by driver error. The most common driver errors are:

  • Not looking before pulling ahead or turning (“inadequate surveillance”)
  • False assumption of what another driver is about to do 
  • Turning with an obstructed view
  • Illegal maneuvers, such as running red lights or stop signs, or illegal turns
  • Distracted driving, such as texting while driving
  • Misjudging another vehicle’s speed and/or the gap between vehicles.

In the study’s conclusion, the NHTSA refers to driving too fast for conditions and aggressive driving as contributors to intersection accidents.

The FHA says T-bone collisions, or angle-impact crashes, are the most common types of car accidents in intersections (47%) followed by single-vehicle accidents (30%). Opposite-direction crashes, including head-on and rear-end collisions, account for 15% and 6% of fatal intersection crashes, respectively.

Contact A San Antonio Car Accident Lawyer After an Intersection Accident

If you or a loved one has been injured in a collision someone else caused at a San Antonio intersection, the car accident attorneys of Herrman & Herrman may be able to help you. Under Texas law, you have two years from the date of an accident to file a personal injury claim for compensation to cover your losses in the accident, such as medical care costs and lost income.

Before accepting an insurance payment for injuries suffered in a car accident occurring at an intersection in Bexar County, let a knowledgeable attorney review your case and any settlement offers made to you during a free legal consultation. We may be able to do better for you. Call us today at (210) 405-7039, chat with us live 24/7, or fill out our online contact form to set up an appointment.

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