Liability in Mass Shootings & Terroristic Acts

Mass shootings and terroristic acts are not new occurrences in most parts of the world today. These are one of the most important issues facing the governments of nations everywhere. Now, the unfortunate thing in these situations is that the liabilities are usually enormous, and sometimes it is difficult to proffer real solutions. For instance, the government can surely not restore dead persons to their families and loved ones.

 

However, there are other mass shootings and terroristic acts aftermath liabilities that can be quite effectively attended to. These liabilities are the objectives of such innovations as active shooter insurance, as well as the terrorism insurance coverage- which is now active in several countries.

 

Active shooter and terrorism insurances for mass shootings and terroristic acts

In recent times, more people are beginning to consider mass shooting insurances (sometimes referred to as active shooter insurance). According to Governing, more private companies, educational institutions, etcetera now want insurance against mass shootings. This type of insurance puts the liabilities of such occurrences, on the insurance company. Hence, the insurance pays for medicals, property loss, counseling and rehabilitation, etcetera.

 

The terrorism insurance on another hand serves a similar function for victims of terroristic acts. However, it is more directed towards property owners, private businesses and organizations- that were the targets of such acts.

 

Current issues in active shooter, and terroristic acts’ liability insurance

While it seems good enough that insurance companies now have such packages that protect people from mass shootings and terroristic acts, there are still a number of grey areas that need to be sorted out. The basic issues in this type of liability insurance, stem from how much liability the insurance company should and can bear.

 

Firstly, terrorism insurance is a delicate type of insurance package, since it is relatively harder to quantify the extent of possible loss that may occur. From observations too, they often times result in huge financial losses on the overall. As such, existing insurance companies say it’s a little more difficult to set premium rates for interested clients, or they may not be able to run the costs for paying the compensations.

Additionally, you’ll find out that most active shooter insurances cost a huge amount of money. Hence, it is sometimes not accessible to the people who need it most, while it may also be too much to bear for those who can manage to pay.

Interestingly, however, governments of developed countries- especially, are finding ways of participating more in the shouldering of mass shooting and terrorist acts’ liabilities. For instance, the United States Terrorism Risk Insurance Act (TRIA) has been useful in a number of ways.

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Facts about Workers’ Compensation Doctors and Independent Medical Exams

One of the more confusing issues for an injured worker going through a workers’ compensation claim in Texas is the requirement to see a doctor chosen from a list provided by the TX Division of Workers’ Compensation. The workers’ compensation insurer or the Division also may order an independent medical exam by a “designated doctor” selected by the insurer or division.

The workers’ compensation attorneys of Herrman & Herrman in Corpus Christi, TX, can help you pursue workers’ comp benefits after a workplace accident if they are available. We can answer questions during an initial consultation and review your claim and what benefits are available to you. The consultation is always free.

Can I Choose My Workers’ Compensation Claim Doctor?

If an employer in Texas has workers’ compensation insurance, the injured or ill worker seeking workers’ compensation benefits will be provided a list of approved physicians from which he or she may choose a doctor to see for nonemergency medical care. If the injured worker is dissatisfied with his or her initial choice, the worker may file a request in writing to see another doctor from the Workers’ Compensation program’s list.

However, you can’t request such a change just to secure a new impairment rating or medical report. You will need to present a valid reason for making the change, such as the doctor behaving unprofessionally or having a conflict of interest regarding your treatment.

In addition, the Division of Workers’ Compensation (DWC) may select a designated doctor to examine the claimant to resolve questions about an injured employee’s medical condition or resolve a dispute about a work-related injury or illness.

This examination process is known as an “independent medical exam.” The injured employee, the employee’s representative or insurance carrier, or the DWC can request an exam by a designated doctor. The DWC will determine if a designated doctor should be appointed to conduct the exam.

Is the Independent Medical Exam Obligatory?

The independent medical exam is obligatory if ordered by the DWC. Failing to undergo an exam when ordered will likely lead to denial of your workers’ comp claim. Indeed, a workers’ compensation claimant must be careful to follow all orders and directions of the DWC and doctors he or she sees.

The problem is that an employer’s objective for ordering an independent medical exam is often to have their worker declared fit to return to work. The exam may lead to a declaration that the worker can assume light duty, which reduces benefit payments, or that the worker has reached maximum recovery, which may lead to a settlement that closes the claim.

You may expect to be referred for an independent medical exam if:

• The insurance company disagrees with your treating physician’s medical opinion.
• Your claim is becoming too expensive.
• The insurer needs to resolve a dispute about your claim, limit your benefits or deny your claim entirely.

What Should I Avoid Doing with a Work Comp Doctor?

You must follow doctors’ orders during the course of a workers’ compensation claim. But you also must protect yourself when dealing with a doctor assigned to your claim. Your medical treatment and what you say to your workers’ comp doctor will be a part of the medical records seen by your employer’s insurance company. It is easy to make mistakes in dealing with a workers’ compensation doctor that can be used to undermine your claim.

To ensure your claim record reflects well on you, you should:

• Seek prompt medical treatment. Seek medical care promptly after an accident and report it to your employer. Failing to seek immediate medical care after a workplace injury makes it easier to contend that you were not substantially injured.
• Keep medical appointments. You should follow doctors’ orders for treatment, including attending all medical appointments. Otherwise, it may look like you are not trying to get better, or that you have not really been hurt. If you truly disagree with your doctor’s recommended treatment, a workers’ compensation lawyer may help you dispute it, and request an independent medical exam. Until a different medical opinion is part of the record, do as the doctor tells you.
• Disclose medical information. When the doctor asks about your medical history and any similar injuries you have had, answer truthfully. The doctor needs this information to properly treat you. If the workers’ comp insurer discovers a prior injury that you have failed to disclose, it may be enough to claim your medical issues are due to a preexisting condition and jeopardize your workers’ comp claim.
• Never embellish your injury. Give the doctor the straightforward facts about the accident and your injury. Don’t use overly descriptive language. If later statements don’t match, it could reduce your credibility and damage your claim.
• Avoid downplaying your injury. This is no time to be a hero. Tell your doctor you are in pain if you are and explain any physical limitations or difficulties your injury continues to cause you. The doctor will record your comments as part of the medical record. This will help ensure you are properly treated and that you are not sent back to work before you are ready to resume your job duties.
• Return to work when ready. If you are not physically and psychologically ready to return to work after an accident, say so and explain why. The objective of workers’ compensation is to assist you until you are fit to return to work, but you must be ready or it can be detrimental to your health and more expensive if you relapse or re-injure yourself. Many employers will pressure workers to return to work before they are ready. Ask a workers’ compensation attorney for assistance.

Contact a Workers’ Compensation Attorney in Corpus Christi, TX

The Texas workers’ compensation system is a complex program with rules that do not necessarily benefit the injured worker. At Herrman & Herrman, P.L.L.C., our workplace injury lawyers in Corpus Christi, TX, pursue work-related injury claims on behalf of injured South Texas residents. Our decades of experience can guide you through a claim and help ensure you recover all of the benefits Texas law says you deserve to have.

Contact us today for a free, no-obligation discussion of your claim and the benefits you are due.

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Child Drowning – Accidents & Rights

Beyond the lurking dangers that surround kids and water, their bond is almost inseparable. To most children, water holds an undertone of fun and adventure. But while you want your kids to always have the best time at the water park, pools or beaches, it’s also important you know what your rights are should they get involved in a drowning accident.

Often times, kids drown due to the recklessness or negligence of others. This could be caused by what the pool or waterway operators did or failed to do or just sheer recklessness of other swimmers. For instance, if a lifeguard or another kid behaved in ways that may have resulted in the drowning of a kid, what the victim’s family do?

Know the pool regulations

The truth is, you wouldn’t know what your rights are if you don’t know the regulations that should guard the operation of a pool, water park, and hot tubs. There are Federal and State laws that have been put in place to prevent (especially children) from drowning. For example, operators of public swim houses are mandated to install drain covers to prevent kids from drowning by suction. When that is not in place, then you have strong evidence to build your case.

Sue if you may – it’s your right

You don’t have to go through the trauma and hurt alone; you have the right to sue for wrongful death. Make all necessary contacts to get an expert personal injury attorney as soon as possible. It’s their duty to carefully examine all evidence against whoever is responsible for the downing as well as to protect your rights while pursuing recovery.

Your family has a right to due compensation

There’s already the pain of losing your little one to deal with, the financial burden shouldn’t be added to that. We know that no amount of money will fill the void the incidence left behind; however, due compensation will definitely help with the cost of a funeral, medical expenses and intangible losses like companionship or consortium. Your family deserves this money; therefore get it if you can.

 

Drowning accidents, especially one that takes away the breath of the source of one’s joy, can be a hard pill to swallow. As is usually the case, you can be trapped in the ‘if only…, then this could have been avoided’ for a long while. Don’t go through it alone. Get all the help you need, arm yourself with your rights and have the negligent party and their insurance company drink from your cup of pain.

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What To Know About DUI Accidents in McAllen, TX

Drunk driving accidents continue to be a deadly threat on American roads, and Texas has the dubious distinction of consistently ranking among the states with the highest number of drunk driving fatalities year after year.

The National Highway Traffic Safety Administration (NHTSA) says 40% of all traffic deaths in Texas in 2018 were caused by alcohol-impaired driving. Only Montana had a higher percentage of alcohol-related traffic fatalities at 43%.

In Texas, a person with a blood or breath alcohol concentration (BAC) of .08 g/dL is legally intoxicated and can be charged with driving while intoxicated (DWI). A Texas driver can be convicted of driving while impaired even if his or her alcohol level is lower than .08 if the person does not have normal use of his or her mental or physical faculties as a result of alcohol or drugs. If you are under age 21, it is illegal in Texas to have any detectable amount of alcohol in your system while operating a motor vehicle.

If a person who caused a car accident was found to be legally intoxicated – guilty of DWI – this is considered “negligence per se.” In other words, no other evidence is necessary to show that the drunk driver bears responsibility for the accident and injuries that ensued.

Because driving drunk shows willful disregard for public safety and the law, the defendant in a drunk driving accident lawsuit is more likely to be assessed punitive damage by a jury. This is an extra payment to the injured exacted as punishment for gross negligence or intentional acts that cause harm and as a warning to others who would act with similar disregard for the well-being of others.

Texas’ Dram Shop Law Regarding Commercial Establishments and DWIs

Texas also has a Dram Shop Act that allows bars and restaurants in Texas to be held liable for drunk driving accidents in certain situations. An employee at a Texas bar or other place that serves alcohol may be liable in a drunk driving accident if the server:

• Sold alcohol to an individual who was obviously intoxicated
• Sold alcohol to a minor who caused a drunk driving accident.

Owners of commercial establishments can protect themselves by requiring employees to attend training before selling alcohol and by encouraging employees not to ignore the Dram Shop Act.

In a claim made under the Texas Dram Shop Act, the plaintiff will typically rely on witnesses and security footage to establish that the person being served alcohol was “obviously intoxicated.” Additional evidence, such as recent debit card deductions for alcohol purchases, are strong evidence of intoxication, as well.

In a personal injury claim, such evidence may allow individuals injured by a drunk driver to seek compensation through the negligent bar or restaurant owner’s business liability insurance. This is beneficial when the actual drunk driver in the case is found to be uninsured, for example.

Texas DWI Statistics and Recent Fatalities

Harris County (Houston) had the most DWI crashes of any Texas County in 2018, with 3,186, according to the Texas Department of Transportation (TxDOT). These crashes resulted in 121 deaths. Hidalgo County had 717 DWI accidents, with 22 people killed.

There were 24,211 DWI-related crashes in all of Texas in 2018, according to TxDOT. Of them, 850 were fatal accidents resulting in 940 deaths.

David Garcia Jr., 22, was arrested for DWI after an accident on North 10th Street in McAllen in August 2019. News reports say Alma Rodriguez and 2-year-old Patricia Vargas were killed when Garcia’s pickup truck struck the SUV they were riding in. Seven others in the SUV were injured.

In December, Orlando Rodriguez admitted to drinking beer and liquor, as well as using cocaine and marijuana, before he drove through a stop sign and crossed the median on Highway 281, crashing head-on into Hidalgo County Sheriff’s Office dispatcher Sandra Coronado’s vehicle and killing her. A news report says Rodriguez had a previous DWI conviction and that the night before the fatal collision, friends told Rodriguez he would be arrested if he left home to party in downtown McAllen. He responded that he could control himself.

Community Response to Drunk Driving

Since 1982, drunk driving fatalities on our nation’s roadways have decreased 50%, while total traffic fatalities have declined nearly 17%, according to the Foundation for Advancing Alcohol Responsibility. Among persons under 21, drunk driving fatalities have decreased 81%.

From 2008 to 2017, the number of alcohol-impaired driving fatalities per 100,000 population in Texas increased by 12.1%, according to the Foundation. Alcohol-impaired driving fatalities per 100,000 population among drivers under age 21 fell by 7.5%.

The Centers for Disease Control and Prevention (CDC) says these strategies to combat drunk driving have been effective where adopted in the U.S.:

• Stricter laws. Drunk driving laws have made it illegal nationwide to drive with a BAC at or above 0.08%. For people under 21, “zero tolerance” laws make it illegal to drive with any measurable amount of alcohol in their system.
• Sobriety checkpoints. Checkpoints allow police to briefly stop vehicles at specific, highly visible locations under standardized procedures to see whether drivers are impaired.
• License suspension and revocation. State laws allow police to take away the license of a driver who tests at or above the legal BAC limit or who refuses testing when arrested. States decide how long to suspend the license; a minimum of 90 days is effective.
• Ignition interlocks. Interlock devices prevent a vehicle from starting if the driver has a BAC above a certain level, usually 0.02%. People convicted of drunk driving may be required to have them installed, and they are highly effective at preventing repeat DWI offenses, the CDC says.
• Public awareness. Mass media campaigns have been used to spread the message about the physical dangers and legal consequences of drunk driving. They can persuade people not to drink and drive.
• Public school programs. School-based instructional programs can teach teens not to ride with drunk drivers. More evidence is needed to see whether these programs can also reduce drunk driving and related crashes, the CDC says.

Contact a DUI Accident Lawyer in McAllen

Unfortunately, innocent drivers, passengers, pedestrians and others continue to be injured and killed by drunk drivers in McAllen and across Texas. If we cannot stop drunk driving accidents, we at Herrman & Herrman can help the accident victims to hold drunk drivers accountable.

Our drunk driving accident attorneys in McAllen are committed to helping individuals and families who have been harmed by another driver’s carelessness or disregard for safety. At-fault drivers and their insurance companies should pay for the damages they cause.

We work aggressively to obtain full compensation for those who have been injured through the fault of others. Contact us today for a free initial legal consultation about your rights and how we can help you.

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What You Should Know About Automation & Automobiles

Going by all the information available, we believe everyone would agree with us that the period of transitioning to automated automobiles is very close. Automation automobiles have been talked up in many quarters over the years with limited success, but if any of the developments coming up in recent times is anything to go by, then, we can all be sure that the time to rely on self driven automobiles is really around the corner.

What the proponents of automated automobiles are trying to do is providing artificial intelligence for automobiles that would enhance them to drive themselves with minimal or no interference from humans. The argument has been that the process would make things better on many fronts, including safer driving on our roads, an extreme reduction in traffic gridlocks, lesser fuel consumption, among other benefits.

As expected, there have been a number of critics, but none of these criticisms have been successful in derailing the match towards the era of driverless automobiles, which is expected to hit us anytime soon, going by what we have seen so far. Since the whole process cannot be ushered in fully at the same time, the proponents of automation have created five different levels of automation that would be embarked on once the whole process kicks in. The levels include:

• Level 1-Autonomy: In level 1-autonomy, the driver still has a lot of work to do in driving the car. Although the automobile is equipped to perform some basic functions like steering and accelerating at different times, yet, the whole process still requires the guidance of the driver to work safely and effectively.
• Level 2 Autonomy: In level 2-autonomy, there is a slight difference as the human influence is somehow reduced to just observation and checking out that everything is working fine within the automobile. Here the car can drive and park itself with little or no interference.
• Level 3 Autonomy: In level 3 – autonomy, the game goes up a notch, as the automobile would be able to do nearly everything by itself without any form of interference. Sometimes, the only human interference needed might be to help in scanning the environment to ensure everything is in order.
• Level 4 Autonomy: This is the next step to full autonomy. At this point, all you need do is relax in your vehicle and allow the robot do all the driving. You don’t even need to look out through the windows or scan your surroundings as that is taken care of. The only thing you might need to do is waiting for the system to ask for any assistance by itself if it deems it fit.
• Level 5 Autonomy: Level 5 autonomy is the highest level of sufficiency. Here, you are all good without any form of interference. The automobile will drive itself, scan the environment itself, overcome any obstacle on the road and deliver you to your destination without any incidence.

What Countries are Embracing this Change?

A number of countries have started embracing the change to an era of self-driven cars. These countries have provided the platform and enabling environment in the past and they continue to lead the way as we head into the era. Leading countries in this aspect include; the United Kingdom, Singapore, Netherlands, USA, Germany, Sweden, United Arab Emirates, to mention but a few.

Final Notes

Without any doubt, we can all agree that it is more about when and not if automated automobiles would become a part of our lives in the not too distant future. All we can do as people is to get as much information needed to prepare us for the transition.

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Man killed in Camp Bullis Road wreck identified

(SAN ANTONIO, FEBRUARY 2020) — The victim in the Camp Bullis Road car accident has since been identified. According to authorities, 21-year-old Abdullah Alghurabi was driving his black Mustang on the road when he lost control of his vehicle and slammed into two nearby trees. The wreck occurred late Tuesday night.

Bystanders who heard the crash pulled the victim out of his car, but medical personnel was unable to revive him.

Our thoughts are with the victim’s family at this time.

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Island University cheerleader killed in car wreck in San Antonio

(SAN ANTONIO, FEBRUARY 2020) — 19-year-old Jasmine Goudeau was killed after being hit by a drunk driver in San Antonio on Monday morning. According to authorities, the drunk driver, 28-year-old Erick Casas, slammed into Goudeau near the intersection of Culebra Road and Micron Drive.

Goudeau was a cheerleader and nursing student at Island University, better known as Texas A&M at Corpus Christi. Our thoughts are with her family and loved ones at this time.

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10-year-old girl struck and killed while riding bike to school

(SAN ANTONIO, FEBRUARY 2020) — A 10-year-old girl was riding her bike along Ranch View East and Rim Rock Valley when she veered into oncoming traffic around 7:30 AM. She was then hit by an SUV. The little girl was transported to the hospital where she succumbed to her injuries.

According to authorities, the girl was not wearing a helmet at the time of the accident. Authorities also believe the weight of her backpack may have led her to lose control of her bicycle.

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Can a Non-Citizen File a Personal Injury Lawsuit in the US?

Documenting personal injury lawsuits in principle is a very easy thing to do. The fundamental idea of the lawsuit documenting the process is clear which includes informing both the court and the individual you are suing the reason for your case on time. Practically speaking, it is difficult for people that are not lawyers to know how it will turn out to be.

 

Non-citizens in Ohio can document personal injury. However, in America citizenship does not affect the privilege to get to the courts and make legitimate cases. That being stated, there are ways by which your opponent could utilize your citizenship against you. For instance, the litigants may evacuate the case to government court, which may put your case off guard, or endeavor to have your case expelled because there might be an increasingly suitable legitimate gathering.

However, in many, the citizenship of the offended party is probably not going to influence the result of the claim. Most personal injury cases do not make it to court because they are settled through the protection claims process or direct settlements between the gatherings. Even if you are not appearing in court does not mean you do not need a lawyer.

Whenever you need to make a proper demand for remuneration for personal injury whether it is an interesting letter, a case with an insurance agency or a claim seek the service of a talented personal injury attorney.

 

There are two manners by which the gathering against whom you are recording individual damage cases may utilize your remote citizenship furthering their potential benefit; expulsion to government court or making a case of discussion non-conveners. When you are suing an organization, your odds at the highest although it is likely your fight in court will fixate on increasingly basic issues, for example, demonstrating carelessness or beating an inferred supposition of hazard.

 

Government courts will have ward (which means they have control over the disputants and the power to hear the case) over your damage guarantee if all gatherings to the claim are residents of various states or countries, and your case incorporates an interest for $75,000 or more in harms. On the other hand, your damage case may go under government locale if it includes an issue of bureaucratic law, which may be the situation if you are a harmed mariner or railroad specialist, for whom remuneration for business-related wounds is represented by administrative rules.

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WATCH OUT! — for 18 Wheeler Blindspots

Did you know that nearly 840,000 blind spot accidents occur each year? This information is according to the National Highway Traffic Safety Administration. In this write up you will learn about the blind spots of 18 wheeler trucks.

Blind spots are those sections around a vehicle that appear impossible for an average driver to see or be cautious of any activity that may be going on in that particular space(s).

Learning about these areas around a long vehicle, especially, would assist you in ensuring that you keep safe on the roads.

Below are blind spots of an 18 wheeler truck

Close range at the front end of the truck

Both sides of the front end of an 18 wheeler truck especially when it is at a close range. This compass, in particular, is a spot the driver behind the wheels may not be able to see. The height of the front end of the truck places the driver at an altitude which rather gives them the advantage to see the long-range and distant views. You don’t want an 18 wheeler to get too close to you in traffic or else your vehicle will be caught in a web that shut out the sight of your car.

Spaces slightly behind and directly below the truck’s windows at both sides

You can be sure that any activity that goes on within these spaces would be at the risk of those involve because at that point the driver of the 18 wheeler is completely oblivious of whatever event that may spring up in these areas. If you find yourself at a spot that positions you slightly behind and directly below an 18 wheeler window at both sides of the truck, be informed that you are plying at a blind spot.

Directly behind the truck

When you are directly positioned at the center back of an 18 wheeler truck within a close range, you’re in a zone that is completely shut out from the view of the driver. It is advised that car drivers either change lanes when you are at the back of an 18 wheeler or deliberately initiate an attempt to keep a distance.

The right side of the truck ranging from the cab to the trailer end

Surprisingly not many people are aware that almost the entire right side of an 18 wheeler may be a blind spot. As much as possible do not pass an 18 wheeler truck on the right side.

 

It is important to take note of these blind spots when you have an 18 wheeler truck as a company on the road.

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Checking Your Vehicle Airbags for Functionality

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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San Antonio Mom On Motorcycle Nearly Dies In Hit And Run Caused By Drunk Driver

Janet Peña, 55, from San Antonio, TX is one bad Mamma.

Janet’s a full-time rehab technician at San Antonio State Supported Living Center, a full-time mother-of-three, and she rode her 2008 Harley-Davidson Dyna Low Rider motorcycle every chance she got. But on May 19th, 2018, the mother of three had to deal with a hit-and-run that nearly took her life.

Janet Peña on her 2008 Harley Dyna Low Rider Motorcycle

On a typical day, Janet’s bike wasn’t the only one parked in front of her home. Her husband, son and daughter are also riders. You could say that it’s a whole family biking fraternity.

On the weekends, if Janet and her husband weren’t attending a motorcycle rally, you would find the family cruising around on their bikes with other fellow riders in San Antonio, TX.

Deadly Drive Home

On Saturday, May 19th, 2018, a drunk driver changed what was a typical fun-filled afternoon into a potentially fatal one for Janet.

“I was at a picnic,” said Janet, “and had to get home by 6:30 p.m. to take my son to a sweet 16 dance.”

At the intersection of West Avenue and Redrock Dr. in San Antonio, a drunk driver collided with Janet, as she headed home on her motorcycle.

“I was riding home on my motorcycle,” said Janet, “when I was hit, run over, and dragged under a truck driven by a drunk driver.

“After dragging me about 30 feet, he left me in the street without a care of my condition.”

Not only did the drunk driver hit Janet as he tried to turn left from an outside lane, with Janet on the inside lane, but he also fled the scene, dragging Janet under his truck.

Eventually, the driver was caught, but that good news came with some bad news as well.

The drunk driver had no insurance.

“‘No Work’, Means ‘No Pay'”

Now, left with a totaled bike, which was Janet’s primary mode of transportation, a broken knee, fractured fingers, and road rash up and down her body, and months of recovery ahead, Janet was concerned she wouldn’t be able to work – let alone be the full-time mom she had always been.

Janet with her husband and kids

“I’m a busy mother of three children,” said Janet, “working a full-time job and a full-time household.

“’No work’, means ‘No pay’. The bills continue to come in for payment.

“On top of that, I was unable to interact with my kids in school and other daily activities.”

Protection From Uninsured Drivers

The upside for Janet – she carried something that many motorists tend to overlook.

“In Janet’s case, she was very smart,” said Lane Diamond, Janet’s attorney at Herrman & Herrman.

“She had uninsured motorist coverage.

“This coverage can be provided by your insurance company in the event that you’re involved in an accident with another driver that happens to be uninsured. It literally amounts to an additional $25 per month, but can be a lifesaver in cases such as Janet’s.”

Focused On Getting Better

Hiring Herrman & Herrman allowed Janet to focus on the months of recovery ahead of her.

“I was worried about compensation for my injuries,” said Janet, “and my lost wages from time off of work.

“I was assured by the firm that coverage from my insurance plan was getting processed.

“They obtained all of the necessary documentation for the case to commence and be acknowledged by all of the parties involved.

“From start to finish, I always had a sense that my case was in good hands.”

While the team at Herrman & Herrman did its best to take care of the legal aspects of Janet’s case, recovery was stressful for her.

“Prior to the accident, Janet was a very active person,” said Maureen Riley, Janet’s case manager at Herrman & Herrman.

“The motorcycle was her full-time transportation, but it was total loss and she had to get a new one. She also couldn’t go back to work until she fully recovered.

Janet and her husband Robert

“After the accident, she also couldn’t even drive a motorcycle for at least 5 or 6 months. This was all very depressing to her as she and her husband have been riding for over 20 years.

“Luckily, Janet comes from a very supportive family. Her husband wouldn’t even ride his motorcycle as long as she couldn’t.”

Insurance Company Paid Their Policy Limit

Given all that was on Janet’s plate, Herrman & Herrman were able to get her insurance company to move fast and provide financial relief.

“Janet sustained extreme injuries,” Lane said. “We were able to quickly collect her medical bills and records, in order to send out our demand for policy limits to her insurance company.

“The insurance company immediately paid out their full policy limits of $30,000 and we were able to pay out Janet her compensation for pain and suffering as a result of her accident.”

Life Is Back To Normal

Now that Janet’s case is settled and she has recovered, life has gotten back to normal.

“I have less anxiety over paying bills,” said Janet. “I’ve been able to return to work and all of the usual daily activities with my children and my husband.”

Regular communication with the firm during the recovery process allowed Janet to focus on getting better.

“Communication was prompt, informative, reassuring and convenient through phone and email on a daily and weekly basis,” said Janet.

“They Treated Me Like Family”

Even though Janet was a client of the law firm, she felt as though she was treated more like family.

“While Herrman & Herrman are aggressive in handling the case,” said Janet, “they treated me like family as their client.

“They were always thoughtful, and it was very reassuring to me.

Janet with friends and family

“They even addressed me on a first-name basis, which made me more comfortable and happy to be recovering from my injuries and this stressful event.”

She especially liked working with a local firm that is vested in helping the community.

“Local businesses, like Herrman & Herrman, that are involved and support the local community, create trust and responsible expectations from the community and the people who live in these areas.”

With Janet’s case and recovery now behind her, she feels a sense of resolution with the traumatic event.

“Since my case is resolved, I feel as though I’ve gotten justice with the help of the law firm.

“I would tell all of my friends and family, that if they were ever in a serious incident like mine, to choose Herrman & Herrman.

“You can feel confident in requesting advice from Herrman & Herrman, and get service from an outstanding firm with experience, knowledge, and compassion for their clients.”

 

 

 

 

 

 

 

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Texas Truck Driver Shortage

Truck driving is indeed a lucrative profession with drivers highly sorted for around the country and Texas is just another city with a high-paying job for truckers but low in availability. This has been a huge concern watching the depletion in drivers owing to several factors like retirement and having fewer qualified drivers indicating interest in the profession.

The attractiveness in truck driving.

• In every society, the truck drivers are one of the most reliable means of transporting goods from one point to another.
• In America, trucking is one of the sources of a booming economy and a decline in that sector is not appealing.
• Texas is estimated to have over 50,000 jobs awaiting truck drivers, this includes sign off bonuses, free online tuition, and added incentives but still few qualified drivers respond to it.
• Truck drivers can now be monitored with the help of some technology logging device, this is necessary to ensure they comply with job conditions and rest schedules. However, this appears not lovable to the drivers as they dislike the idea of being watched closely and may also cause some drivers to pull cold on the job.

But how bad could this shortage be?

• Shortage in truck drivers means leaving more work for the available drivers. Because the ones behind the wheel will have to handle all the driving chores and this will lead to over-working, dealing with tired and exhausted drivers.
• One of the reasons for this shortage is the stressful demands of the job, which make the drivers desire to change it and resort to better living conditions. This is because, the lifestyle of truck driving encourages poor eating habits, poor resting lifestyle and other personal concerns.
• Coping with other road users is another “lump in the throat” as car drivers occasionally and impatiently cut-off trucks on the road. This is because they failed to notice that a truck will more time and space to get to a halt.
• This shortage has made companies employ inexperienced long haul drivers and you can bet on the results.
• Accidents are one of the effects of stressed and inexperienced truck drivers because, in Texas, records bear that the city has more truck crashes than other states.

Additionally, in the event of a mishap, you will find it needful contacting your personal injury attorney to help you with the right approach in claiming your losses.

 

How can the situation be improved, where do we go from here?

• Add more flavor and flexibility. Have you considered the other gender? The women, yes! The women can handle trucking too to your amazement. Statistics present that over 8% of truckers are female drivers, so you better stop doubting…and when next you meet a female face pop up on the application site, click the offer-granted button already.
• Keep the high pay. This has been the recent practice in Texas though with little impact but hopefully, it has attracted the women and more men will catch in.

Truck driving shortage has remained a topical concern in Texas as it drags the state’s economy but with some workable strategies like the ones discussed here, truck driver’s shortage will gradually recline.

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Brownsville Pedicabs in Traffic Accidents: How Are They Vulnerable?

Brownsville recently debuted a pedicab service as a transportation option for tourists and residents in its historic downtown.

A pedicab is a pedaled tricycle taxi with a driver on a bicycle seat holding handlebars up front and a bench seat for passengers behind. Pedicabs are promoted as an environmentally friendly alternative to motor vehicles. They can be found in numerous large cities and as tourist attraction novelties nationwide. Unfortunately, passengers in pedicabs are vulnerable to serious injuries if struck by a car or truck.

Pedicabs move more slowly than motorized vehicles. Over the last several years, pedicabs have been involved in traffic accidents that have caused injury and even death in Austin, Texas and numerous other cities throughout the United States.

Brownsville Pedicabs will operate initially in the downtown area of Brownsville on Thursdays, Fridays and Saturdays from early evening to 2 a.m., according to the Brownsville Herald. If you were injured while driving a pedicab or riding in a Brownsville pedicab, you may have a right to seek compensation for your injuries.

The Brownsville personal injury attorneys at Herrman & Herrman represent families and individuals injured in car, bicycle, pedestrian accidents and pedicab accidents in Brownsville.

The Risks of Pedicabs & Factors Causing Accidents

Like bicycles and motorcycles, pedicabs lack an enclosed passenger compartment to protect drivers and passengers. Pedicabs are vulnerable road users.   If a pedicab gets into a collision or even a single-vehicle accident, a pedicab driver or pedicab passengers may bear the full force of impact and even may be thrown from the pedicab.

Pedicabs transport tourists and provide tours of points of interest and historic sites in Brownsville. A Brownsville pedicab operator giving a tour presentation may be a distracted driver. Distracted driving involves engaging in any activity that diverts attention from driving, according to the National Highway Traffic Safety Administration (NHTSA).

Other potential causes of pedicab accidents include:

• Negligent and reckless motorists. A motorist who is inattentive may fail to see or slow down for a slower-moving pedicab, especially at night, resulting in a collision. Motorists are required to exercise due care and caution to avoid colliding with vulnerable road users such as pedestrians, bicyclists and pedicabs. Drivers who exceed the posted speed limit and change lanes aggressively may react poorly to encountering slow pedicabs in traffic.
• Pedicab operator negligence. The driver of a pedicab may be at fault if the pedicab driver disregards traffic regulations or fails to yield when appropriate. 
• Impaired pedicab operators. For many pedicab drivers, pedaling a pedicab may be a second job, raising the potential for fatigued or drowsy driving. Unfortunately, intoxication (drinking or drugging and driving) is always a potential issue on the road.
• Pedicab failure, such as loss of brakes or passenger seating becoming detached from the bicycle. In Austin, a man suffered a head injury when he stepped into a trailer-style pedicab and the trailer detached from the bike and tipped backward.

Pedicab operators and passengers are likely to suffer initial impact injuries in a crash and possibly secondary injuries if thrown from the vehicle. Pedicab accident injuries that could result in hospitalization, loss of work and income, and potentially lasting disability include:

• Head injury (traumatic brain injury or TBI)
• Fractures (broken bones)
• Back and spinal cord injury, potentially including paralysis
• Internal organ injury
• Amputation (crushed and surgically removed or severed limbs, fingers, toes)
• Serious lacerations and bleeding.

Who Is Liable for My Injuries in a Texas Pedicab Accident?

A Brownsville resident or tourist injured in a pedicab accident, or a pedicab operator, may have the legal right to seek compensation for his or her medical bills, pain and suffering and monetary losses if someone else caused the accident.

Either a pedicab operator or a car or truck driver may be at fault for a pedicab accident. If the pedicab driver was violating Brownsville traffic safety regulations when the accident occurred, the driver and pedicab company may be at fault. The pedicab itself could have a mechanical defect and fail, leading to an accident. In that case, the manufacturer might be held liable for product failure or the pedicab company may be at fault if failure was due to a maintenance issue.

The company that put pedicabs on Brownsville streets could bear legal responsibility for harm done by a pedicab and/or an operator employed by the company. Depending on any contract linking pedicabs or their operators to the Brownsville Historical Association, the Association, a private foundation, might be liable for pedicab accidents and injuries, as well.

Contact a Brownsville Pedicab Accident Lawyer

The personal injury attorneys at Herrman & Herrman help clients injured in all types of traffic accidents including pedicab accidents obtain compensation for their losses. Personal injury claims seek proper payment for losses suffered because of another party’s negligence, which is paid through insurance. Our work as attorneys representing injured people is to ensure that insurance companies pay what our clients are due.

For nearly two decades, Herrman & Herrman, P.L.L.C., has served personal injury victims in South Texas, including Brownsville. In that time, we have also sought to give back to the communities we live and work in.

Our compassionate attorneys investigate clients’ accidents, injuries and losses, and negotiate aggressively with obligated insurers for fair settlements that cover all losses and expenses. We have successfully handled more than 20,000 cases in Texas, and we have more than 100 years of collective legal experience.

Call today at (361) 792-3669 or contact us online to schedule a free and confidential consultation with one of our pedicab accident lawyers in Brownsville about the assistance we can offer you.

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Ask Your Doctor These Questions When Getting NEW Medication

Our bodies were not built to be flawless and for this, we sometimes fall ill. When we fall ill, we most times seek treatment in a hospital with the appropriate medical professionals – the medical doctors. In many cases, the doctor would order for a diagnosis to identify what causes the ailment of the patient experiences. After the diagnoses have revealed what is causing the disease in the patient, the patient is either prepared for a medical procedure like surgery or drugs are prescribed for the patient.

Sometimes when patients are given new drugs, they just accept the prescription, take it to the pharmacist to get the drugs and description on how to use them. But they never ask the doctors the right questions or any question at all. This is sometimes so because they do not know the right questions to ask the doctor.

In the subsequent parts of this article, we shall be discussing the questions one should ask the doctor when they get a new medication and why they should ask these questions.

The name of the medication and its function in treatment – it is essential you know the name of the drug you ingest and what it is meant to do. For instance, in a situation where a person experiences a side effect, without the name of the drug, it may be difficult for a medical professional to assist the patient in alleviating the discomfort without the name of the drug. Also, if you do not know the function of the drug, how will you ever know if it is effective or not.

The side effect profile of the drug – all drugs have side effect and you should be curious to know the side effects to expect from taking your medication. This is important so that you can prepare for it and know what to do when the side effect shows up. In some cases, you may need to report back to the health facility when you experience certain side effects so by asking the doctor, you will get to know these things.

How long do I take my medications? – to avoid therapeutic failure or complications, one should take the medication for the prescribed duration and not stop except the doctor advises

 

Asides these 3, other questions one should ask the doctor are:

 

What food, drugs, and drinks should one avoid while on the medication?

Can I get a generic version of the medication?

What should be done if one misses a dose of the medication?

When the medication is likely to take effect?

Is the medication safe in pregnancy or while breastfeeding?

Are there tests necessary to monitor the medication?

Are there long-term risks associated with using this drug?

Conclusion

To ensure that the outcome of therapy is achieved and the one is safe throughout taking the medication, one must ask these questions. Sometimes, the drugs may not act like they are expected to and your only saving grace may be the knowledge you get from the doctor’s reply to these questions.

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Drinking & Driving – What are the Damages?

Ordinarily, drinking to get drunk is not a good thing to do. But in this age and time, there is a high rise of alcoholic intake in the world; most especially amongst the youth.; and we see people drinking excessive alcohol to the extent of passing out.

As if drinking and getting drunk is not disastrous enough, most of these drunk people end up getting behind the wheels of their vehicles; and before you know it, they are crashing into people, objects and landed properties.

When any of these collisions happen; most especially a crash against property i.e. property damage, there are lots of things that can happen to the drunk drivers and perhaps the owner of the property, such as:

• Criminal charges and persecution

Damages and injuries caused by drunk drivers can bring about legal suits against the drunk driver. For damage done to properties for instance, the drunk driver might be incarcerated for a few days, their driver’s license can be suspended or be made to pay a bond before they are released.

• Pay for damages

The second penalty levied against drunk drivers involved in property damages is that they pay for the damages caused. This is where things can get dicey for the property owner, as there are so many factors that would determine if the property owner would be paid or not.

One factor includes a property damage claim and evidence to back it up. This means that you have to watch and maybe record the driver to ascertain that he was truly under the influence of alcohol when he/she crashed into your property. Also, you have to take a pictorial note of the location of the crash, to further buttress your claims.

Another factor that can help the claim of a property owner is if the state where the collision happened, has a law that backs up financial punishment for reckless drunk drivers if the state has one, it becomes easier and possible for the property owner to get his/her financial compensation without stress.

Besides, the drunk driver’s insurance policy and company are other factors that determine if the property owner will be paid or not. If the driver doesn’t have an insurance policy, it might be very difficult for the property owner to get the befitting financial settlement.

But if the driver has an insurance policy, it is easy for the property owner to get a financial settlement. Mind you, there are shady insurance companies that might not want to award the property owner a fair settlement; hence the property owner must hire the services of an attorney to help them get what is rightfully theirs.

Although, property collision as a result of drunk driving cannot be classified as an intentional act; but regardless of that, according to the DUI (Driving Under Influence) laws; property damage based on DUI is seen as a criminal act that should be addressed legally, to teach the perpetrator a big lesson, and also teach others not to engage in drinking and driving.

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