Keeping Up With Booster Seat Laws In Texas

The state of Texas is not leaving anything to chance regarding their position on car seat safety laws. Failure to wear a seat belt is a punishable offense in Texas and children are not exempted. Adults will be held culpable for any defaulting minor in their car. Children between the ages of four to eight are entitled to booster seats in a car. This will push them up to the required height needed to properly make use of the adult seat belt that came with the car. The Texas Department of Transportation believes that strict compliance with the booster seat laws and other seat belt laws will reduce the odds of fatality during a road accident.

The Texas Transport Code

It is important you know exactly what the law states in Texas. According to section 545 – 412 of the Texas transportation code, travelers are mandated to strictly adhere to all seat belt and booster seat laws. The manufacturer’s guidelines must be followed. This includes instructions regarding the age, height, and weight of the child and the appropriate safety measures recommended. Children that are less than eight years old or weighing less than 30 pounds are not allowed to use passenger seat belts when they ride in a car.

Solution: Booster seats

Install a booster seat for children within the ages of 4-8 or children that are not up to 4’9″ in height. The booster seat enables the child to use both the shoulder and lap seat belts. This must be done based on the manufacturer’s guidelines. The shoulder belt must sit in properly, crossing the center of the child’s chest. This ensures the child’s safety.

Penalty for defaulters

Law enforcement in Texas is coming down heavily on traffic law offenders. This can be linked to the fact that about 35% of victims who died in an accident in the United States were not using safety belts.  Therefore, the Texas Transportation code has stated that the fine for defaulting on the booster seat law is $25 to $250 and any other charges that might be decided by the court. Of course, the parents of the child or the adult ridding together with the defaulting child will bear the responsibility of fulfilling the obligations of the penalty.

Aside from the fines or the punishments, parents must keep their children safe by religiously adhering to the recommendations of this law.

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Texas Fatal Auto Accident Stats For 2019

Texas, which is one of the most populous states in the United States, has appeared to rank poorly when it comes to road safety. Due to the busy lives of most Texans, the city has a high number of vehicle owners which has translated to an increase in auto accidents over the years.

Narrowing the statistics to only fatal crashes (crashes involving death), Texas still doesn’t do so well. It is no news that the 7^th of November, 2000 was the last time Texas had a whole day devoid of fatalities. Every day after that day has not been the same.

The Numbers

The national average for road fatalities as at 2018 was 11.9 but in a twist of events, Texas alone lost a little less than 0.02% (or 12.7 per 100,000) of it’s population to auto crashes. This puts Texas as the state with the second-highest auto crash fatalities in the U.S.

19 years after having a crash-free day, Texas has gone on to record an average of 10 fatalities every day. From 2010 to 2017, the numbers kept rising despite all efforts made leading to a total loss of over 20,000 lives. However, in a twist of events, the figures went down by 4% in 2018 but not without claiming over 3,000 lives. This figure was still higher than that recorded 7 years ago.

What are the Major Causes of Auto Crash Fatalities in Texas?

Generally, driving under influence has been a high-risk factor for road fatalities. Despite the warnings and penalties enforced, some residents still flour the rules, hoping to somehow get to their destination safely. In most cases, it never ends safely.

Although driving under influence ranks as the number 1 cause of fatal crashes in many cities, over-speeding tops the charts for Texas. Residents of the state seem to have a penchant for ignoring speed limits in a quick dash to get to their destinations.

Another major risk factor is texting while driving – a law was passed against the act in 2017. This plus other forms of distractions such as receiving calls and engaging in intense conversations have had a significant impact on the number of fatalities.

It has also been reported that most of the vehicles involved in auto crashes within Texas are SUVs and other heavy-duty vehicles.

The figures have repeatedly declined with many agencies and corporate bodies leading campaigns to create awareness on road and traffic safety. Experts predict a crash-free state by 2050 and with the compliance of residents and visitors, this goal may be achieved soon.

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School Buses — Are They Safe?

As a parent getting your child all buckled up before engaging the ignition of your car, is a well-accustomed lifestyle, but have you ever wondered how buckled they get inside those yellow long school buses? With the occasional reports of school bus crashes, parents, pediatric associations, and National Highway Traffic Safety Administration (NHTSA) have raised concerns over the safety of school buses.

It is true that hospitals across the world have always witnessed the treatment of injuries on children arising from school bus crashes, but should that dismiss the safety promised in school buses? A little delving into the benefits as well as the unavoidable pitfalls of this school long tradition may give answers to the question “are school buses safe?”

The benefits…

• You are spared the rush of competing with traffic especially if you are a worker and you have an early morning meeting in the office. You have all your conveniences assured while being a great parent.
• Your children get to make friends snappily with their peers and this gets them excited making every school day.
• Contemporary school buses are designed within Electronic stability control, Collision mitigation systems, Video cameras on both the inside and outside of the bus, Lane departure warnings, and Student and vehicle tracking technology.

Drawbacks.

• The seat buckle may not be adhered to by the children if they are available.
• It looks a little crowded inside and kids that are given to bullying can have a field day.
• The crashes usually happen 10feet behind or beside the bus known as the “danger zone” these accidents may be caused by the school bus or a passing vehicle.

With all these, keeping up with the best safety measures is still the safest way for the transporting of the children to school. Some of the tips as recommended by The National Highway Traffic Safety Administration (NHTSA) include.

• Endeavoring to get your child to the bus stop 5 minutes before the bus arrives.
• Try to stay 6-feet away from the curb when you see the bus approaching.
• All children must line up before the bus door and not beside the bus.
• While awaiting the arrival of the bus, make sure the child is not playing around the pedestrian.
• You must wait for the driver to stop, open the bus, and orders everyone to line up.
• If you are crossing the road, double-check and confirm that you are seen by the bus driver before crossing. And always use the pedestrian/sidewalk.
• The child must hold the bus rails when climbing and when coming down to prevent a slip.
• If you mistakenly dropped anything, alert the driver before going down for it and lastly never walk or stand behind a bus or any vehicle, chances of the driver seeing you or your child is slim.

Since school buses are not a tradition that any school hopes to discard in the future, a little compliance to these easy tips will help it get safer for everyone.

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Qualifying for Paid Leave Due to COVID-19 Under Texas Law

Many Texas workers are finding themselves having to take time off from work due to the coronavirus pandemic. They might be ill with the COVID-19 coronavirus. They could be caring for a relative at home with a mild form of the virus. In such a situation and after other exposure to COVID-19, they may be self-quarantining to avoid potentially spreading the disease.

These individuals and others are right to wonder whether they qualify for paid leave under Texas law if the pandemic forces them away from work for a short period, assuming their employer has not already assured them that they will be paid.

Unfortunately, the law is not always clear. A federal law meant to ensure paid leave connected to coronavirus absences from work was quickly limited by instructions from the U.S. Department of Labor. At the state level, Texas has traditionally been hostile to the idea of requiring employers to pay employees for time away from work.

Below, the Texas workplace injury lawyers of Herrman & Herrman answer some common questions about the possibility of obtaining paid sick leave during the coronavirus pandemic in Texas.

What type of paid leave does Texas law offer?

Under the Texas Payday Law, an employer is not required to offer employees fringe benefits such as paid sick leave, vacation pay, holiday pay or other pay for hours not worked. However, if the employer offers these benefits in writing, the employer is legally obligated to comply with their own policy or employment agreement.

Since 2018, three of Texas’s four largest cities — Austin, Dallas, and San Antonio — have passed local paid sick leave ordinances, according to the On Labor blog. However, only the Dallas law has gone into effect. Legal challenges have temporarily blocked the other ordinances.

On Labor says about 40% of Texas workers are unable to take paid sick leave from work. In the service industry in Texas, 78% of workers, from restaurant servers to home health care aides, lack paid sick days.

Does federal coronavirus legislation provide paid leave to deal with the virus?

Yes. The Emergency Paid Sick Leave Act and Emergency Family and Medical Leave Expansion Act were adopted as part of the Families First Coronavirus Response Act (FFCRA). On April 1, the U.S. Department of Labor (DOL) adopted a temporary rule to put emergency sick leave into effect through December 31, 2020.

The temporary rule:

• Requires that certain employers provide up to 80 hours of paid sick leave to employees who need to take leave from work for certain specified reasons related to COVID-19. These reasons may include:
  • the employee or someone the employee is caring for is subject to a government quarantine order or has been advised by a health care provider to self-quarantine
  • the employee is experiencing COVID-19 symptoms and is seeking medical attention
  • the employee is caring for his or her son or daughter whose school or place of care is closed or whose childcare provider is unavailable for reasons related to COVID-19.

But, in further guidance, the DOL says, “Small businesses with fewer than 50 employees may qualify for exemption from the requirement to provide leave due to school closings or child care unavailability if the leave requirements would jeopardize the viability of the business as a going concern.” This is something the business owner can simply decide is the case.

Further, the FFCRA exempts businesses with more than 500 employees, which covers 54.4% of Texas businesses according to a 2018 federal profile of Texas small businesses.

Which workers qualify for emergency sick leave pay?

For paid sick leave under the FFCRA, you must have been employed by your current employer for at least 30 days. The law also covers part-time and self-employed / gig economy workers.

Which workers are excluded?

Employees of companies with more than 500 employees are not eligible (though such companies may have paid leave rules they would be obligated to honor). A company with fewer than 50 employees may choose to not pay for childcare leave under the FFCRA.

Health care providers and emergency responders may be excluded by their employers from being able to take paid sick leave under the FFCRA. The DOL suggests employers apply these exclusions judiciously. “For example, an employer may decide to exempt these employees from leave for caring for a family member but choose to provide them paid sick leave in the case of their own COVID-19 illness,” DOL says.

How much am I to be paid while on sick leave under the FFCRA?

For purposes of the FFCRA, the rate of pay used to calculate your paid leave is the average of your regular rate over a period of up to six months prior to the date on which you take leave. If you have not worked for your current employer for six months, the regular rate used to calculate your paid leave is the average of your regular rate of pay for each week you have worked for your current employer.

Part-time workers are to be paid according to the amount they typically earn in a two-week period.

The self-employed — assuming they pay taxes — should calculate their average daily self-employment income for the year, then claim the amount they take as a tax credit. Because they know the amount they are to be credited, they may reduce their estimated quarterly tax payments to account for it.

How will businesses and nonprofits afford to pay workers on leave?

The federal government has created a payroll tax credit for business and nonprofit organizations that pay wages to employees on emergency sick leave. The reimbursement will also cover the employer’s contribution to health insurance premiums during the leave.

What do I need to do to take emergency sick leave?

You should always notify your employer of an impending absence, including the reason for it and, if you know it, the length of time you will be out.

You are eligible for paid sick leave if a health care provider directs or advises you to stay home or otherwise quarantine yourself because the health care provider believes that you may have COVID-19 or are particularly vulnerable to COVID-19 and quarantining yourself based upon that advice prevents you from working (including teleworking).

If you become ill with COVID-19 symptoms, you may take paid sick leave under the FFCRA only to seek a medical diagnosis or if a health care provider otherwise advises you to self-quarantine. If you test positive for the virus associated with COVID-19 or are advised by a health care provider to self-quarantine, you may continue to take paid sick leave.

You may take paid sick leave under the FFCRA to care for an immediate family member or someone who regularly resides in your home. You may take paid sick leave to care for an individual who, as a result of being subject to a quarantine or isolation order, is unable to care for him or herself and depends on you for care and if providing care prevents you from working and from teleworking.

Is the government going to give workers additional aid?

The FFCRA – Families First Coronavirus Response Act – also included rules and payments to be applied to unemployment benefits (normally paid by state programs), free coronavirus testing and food and medical aid. As of this writing, the Democrat-controlled U.S. House was finalizing a new $2 trillion-plus proposal that was expected to include money for state and local governments strained by the pandemic and losing tax revenue, as well as more money for unemployment payments and coronavirus testing and contact tracing, among other provisions, according to ABC News.

However, “Senate Majority Leader Mitch McConnell, R-Ky., has dismissed Democrats’ efforts as dead-on-arrival in the Senate, and the White House has signaled resistance to moving forward with another round of coronavirus spending in the near term,” ABC News said.

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TX Lane Splitting Laws

The legality of lane splitting has always been a controversial topic in the US. Should it be legal? Is it legal? Should riders split lanes even when the law permits it? The questions go on and on. But the truth is, if you are a motorcyclist or you go on a bicycle ride often, you will agree that splitting connotes danger. And accidents by lane splitting are one of those things the offenders always wish they could rollback; they never leave anyone the same afterward.

Lane splitting in plain terms

Lane splitting is oftentimes referred to as stripe-riding or white lining. It’s a practice where motorcyclists or bicycle riders move between lanes or rows of slow-moving vehicles in the same direction. From a vantage point, the riders can save more time and also bypass traffic congestion (or what’s the point of going on a two-wheel if you can’t go faster). However, if we consider safety, then we would agree that it’s a safer alternative for riders than having to stop behind stationary vehicles.

What Do the current Texas Laws say?

The Texas laws have never been in favor of lane splitting. It’s always been an absolute no for motorcycle riders no matter what the excuse may be. The hope for a change only came in December 2018 when the Texas state senator, Kirk Watson, proposed a bill that could favor lane splitting.

While everyone is waiting for Lawmakers to pass Bill SB-288, lane splitting is still pretty much considered illegal in the state. It’s expected that all vehicles (motorcycles inclusive) stay in a single lane of traffic on roads that are marked into planes. If there’s a need for vehicles to change lane, then they must do so only when it’s safe.

The proposed bill will allow motorcycles that are operating on a limited-access highway to split lanes if the rider operates the motorcycle:

• At a speed that does not exceed those of other vehicles by more than five miles per hour, and
• In traffic that is moving at a speed not greater than 20 miles per hour.

Without a doubt, motorcyclists will benefit a great deal if this bill is passed into law. However, one should not lose sight of safety. Accidents caused by lane splitting are never palatable and the law never goes easy on the motorcyclist whenever these accidents occur. Therefore, while we anticipate fast commute in the future, in the meantime, the $175 fine still stands on occasions of any lane-splitting violations.

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Do Coronavirus Lockdowns Reduce Traffic Accidents and Fatalities in Texas?

We suggest Texans tap the brakes on any celebrations over how the coronavirus lockdown has reduced traffic accidents and fatalities.

It stands to reason that, with fewer drivers on the road since coronavirus stay-at-home orders began in March, there should be fewer car accidents. Sure enough, a widely quoted traffic accident study from California says that both collisions and fatal accidents have fallen by approximately half since coronavirus lockdowns began.

But, as experienced traffic accident lawyers, we can tell you that simply counting car accidents doesn’t tell the whole story. A broader look at car accidents during the coronavirus pandemic by StreetsBlog concludes that, “The number of car crashes is indeed plummeting due to lower traffic volumes on American roads, but the rate of car crashes is actually up in many cities — as are the injury and fatality rates for both drivers and vulnerable users.”

The StreetsBlog report about COVID-19-related motor vehicle accident rates found that statistics available in Austin point to a rise in traffic injuries despite fewer collisions. It says that in March 2019, there were 450 accidents that injured 99 people, including one pedestrian. In March 2020, there were only 381 accidents, but they caused 111 injuries — and three of them were to pedestrians.

That report says that year-to-year comparisons show that more motorists died in accidents from March to April in New York despite fewer cars on the road, and there have been fewer car accidents in Massachusetts but the fatality rate for those car crashes is actually on the rise.

Speed Kills More in Coronavirus Car Accidents

StreetsBlog and other sources say that collisions have been more deadly despite fewer cars on the road during the COVID-19 lockdown because drivers have been more reckless. In particular, empty stretches of road have encouraged drivers to speed. Another report suggests that drivers think empty lanes beside them make it safer to drive while distracted by their phones.

“Despite there being far fewer vehicles on the road due to COVID-19 stay-at-home orders, state highway safety officials across the country are seeing a severe spike in speeding,” the Governors Highway Safety Association (GHSA) reported in mid-April. “Many states have reported alarming speed increases, with some noting a significant surge in vehicles clocked at 100 mph or more.”

A Washington Post report based on interviews with law enforcement officials and traffic experts across the country says reckless driving has increased dramatically since March, leading to a disproportionate number of speed-related crashes and fatalities. “Reports of drag racing, drivers chasing land-speed records, and more speed-related crashes began setting off alarm bells for police agencies across the country almost immediately after states began their coronavirus lockdowns in mid-March and traffic volumes fell dramatically,” the Post says.

Traffic nationwide is down about 40% compared with pre-pandemic volumes, according to the Post, citing transportation-data firm Inrix. In some of the most congested areas of the country, average speeds have increased by as much as 250%.

While higher average speeds are no surprise where traffic congestion has disappeared, officials say what is troubling is people driving in excess of 80 mph on highways and on neighborhood streets shared with bicyclists and pedestrians.

A study released May 7 by the data analytics company Zendrive found that from March 16 to April 19, speeding was up 27%, hard braking was up 25% and cell phone use among drivers was up 38% compared to the five weeks prior to the nation’s first stay-in-place order.

The Zendrive report says data showed a dramatic increase in speeding as people rushed to prepare and stockpile ahead of the implementation of shelter-in-place policies. “While speeding spiked in the week of March 23, phone use and hard braking steadily increased throughout the following weeks. Zendrive said that with the decline in traffic, some drivers saw empty highways as an open invitation to speed while distracted by their phones.

The use of phones behind the wheel has increased because people are anxious about staying up to date with coronavirus news, Zendrive says.

However, El Paso and Austin topped Zendrive’s list of the top five cities with the least speeding, with a 72% decrease in El Paso and a 52% decrease in Austin after lockdown. The data also show a 23% decrease in phone usage in Fort Worth in the days following the lockdown, to lead that top five list.

In a broader look at driving habits during bad times, the National Safety Council (NSC) says the number of deaths and the mileage-based death rate tend to decline during recessions. “The large drop in the number of deaths is partially a result of fewer people driving during lean economic times,” the NSC says. “The number of deaths tends to increase following the end of recessionary periods.”

The National Bureau of Economic Research (NBER), which officially declares recessions, defines a recession as a significant decline in economic activity spread across the economy and lasting more than a few months, normally visible in declines in gross domestic product, income, employment, industrial production and wholesale-retail sales.

Some People Have to Drive and Will Cause Accidents During COVID-19 Lockdown

Even during a pandemic lockdown, people have to drive to pick up the essentials, such as groceries and medicines. Many people are considered “essential workers” and have to drive to go to work.

Fewer drivers on Texas roads would truly mean fewer car accidents and fewer motor vehicle fatalities if drivers were not speeding or driving while distracted or engaging in other negligent and reckless driving habits.

Because unsafe drivers are always on the road, the car accident attorneys of Herrman & Herrman of Corpus Christi remain open and available to assist you if you have been injured or lost a loved one due to another driver’s negligence or recklessness. A Corpus Christi car accident lawyer at Herrman & Herrman is ready to help you when you need help most, starting with a free, no-obligation legal consultation. Phone us at (361) 882-4357 or contact us online 24/7, including nights, weekends, and holidays.

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How Social Media Can RUIN Your Personal Injury Case

Anything you say now will be used against you in the court of law. It’s popular saying we hear all the time in movies and real-life scenarios. This also applies to social media and unfortunately so many people don’t know whatever they post on social media can be used against them on a personal injury claim.

Currently, Social media is an integral part of our daily life. It helps us to connect with the outside world wherever we are. With social media, we keep in touch with our friends, family members, partners, etc. Social media has impacted us in many different ways, both positively and negatively.

Negative impacts of social media on personal injury claims

Personal injury cases are mostly filed by people who are going through physical pain or injuries and therefore seeking the cost of treatment for the injury and other damages associated with the pain and discomfort that comes with the injury. Medical experts are usually consulted to carry out the necessary test that attests to the claim. When you file a personal injury case, the first most important thing a lawyer will do is to check your social media pages to see if your claims contradict what’s on your profile.

For instance, you could say you have a sprained knee and then end up posting on social media that you’re going for a run or posted a video of you playing football. This contradicts your statement of having a sprained knee and can be therefore used against you. A claim can be disproved with your social media profile immediately making you lose out to the benefits of personal injury claims. The impact of social media on a personal injury case is usually negative.

Conclusion

Social media, as engaging and fun it could be, could also be our downfall. A lot of adults are addicted to social media making it indispensable to them. They post every minute of their lives regardless and forget about the negative impact social media could have on a pending case. Social media’s impact on a personal injury cannot be overemphasized. Social media can work against your claims especially when you file a personal injury case and end up doing the opposite of your statement online. When filing a personal injury lawsuit, limit what you post on social media and avoid posting stuff related to your case. And also tell your friends and family to limit their post about you or not post anything at all regarding your case.

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Never Say These 3 Things After a Car Accident

Car accidents are caused by various reasons including brake failure, other cars, speeding, humans, animals, drunkenness, inanimate objects, etc. We hear of car accidents every day of our lives and hope we don’t get into one.  Car accidents can be very frightening and can cause great damages to cars, humans, and others involved. But when they happen, there are certain things we are not supposed to say. Below are three things we shouldn’t say after a car accident.

It’s my fault

When an accident happens, never used the sentence “it’s my fault. This is because you might not have a clear picture of the accident and then taking the blame for it can put you in serious trouble with the authority. You may falsely be admitting to someone’s fault without knowing it. Do not admit the accident was solely your fault because aside from being in trouble with the authorities, you might end up been depressed or feeling guiltily for the accident which can affect your mental health. Check immediately on the well-being of the involved parties of the accident if you can do so but never accept it’s your fault.

I’m fine

After an accident happens, aside from physical injuries, there might be internal injuries that may appear days or weeks after the accident. When involved in an accident, never say “you’re fine”, “you’re okay”, “you’re not hurt”. Make sure you get checked properly by the medical team and also run some tests before you declare yourself as “okay”.

I’ll settle the bill

Immediately after an accident, never say you will settle the bill or pay for damages involved.

Make sure you have the facts right and every detail concerning the accident. Ask for insurance covering the damaged vehicles. Consult with an attorney before you try to pay for an extra cost concerning the damages.

Conclusion

Accidents are unplanned for and they can be difficult to manage when it happens especially in severe cases. After an accident, it is important you know the right things to say and not to say so it won’t be used against you especially when a court case is involved. Don’t blame yourself for the accident, make sure you are medically fit and don’t try to explain how the accident happens, be sure you get enough details about the accident before admitting anything and don’t say you’ll settle the bill invoking damages.

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Keep These Items In Your Car — AT ALL TIMES!

Getting stranded on the road is not something any car owner plans for, but it always seems to happen when you’re not expecting it. So, as a car owner, it is important that you are ready for any moment to fix any issue that arises. This is why certain items need to be in your car at all times in case of an emergency. These items help you avoid being stranded for long which makes you vulnerable at the roadside.

Spare Tires

Everyone who owns a car should have a spare tire because your tires can fail you at any time. Spare tires become very essential when there is difficulty in locating a tire shop or where you have an emergency meeting to keep up with.

First Aid Kit

A first aid kit should be available in every car at all times to provide a quick treatment when there is an accident. With a first aid kit, you can treat injuries to the body until the victim has access to better medical treatment.

Flashlight and Extra Batteries

When in an emergency with your car, especially at night, you can only use your phone’s torchlight for a little while before the battery goes off. To help you see better you will need a flashlight with durable battery life. Don’t forget to have extra batteries in case the battery in the flashlight becomes weak.

Emergency Window Breaker

Where there is an accident or maybe the car runs into a body of water, getting out fast is very important. Here, you might not have all the time to get out through the doors or even locate where it is. With an emergency window breaker, you can break through the windows quickly and save a life or your life.

Energy Bars/Snacks

Driving for long hours can be exhausting and make you hungry. This is where having energy bars or snacks reserved becomes important. With this, you have something to munch on to get the energy you need to keep driving.

Basic Tool Kit

Every car owner is expected to have in their cars at all times a basic tool kit. With these tool kits, they can check mild issues with the car and address them until they can have access to a professional car repairer.

Disposable Gloves

Your car can breakdown at the roadside or just as you are heading for an appointment. You would not want your hands to get soiled trying to figure out or address the issue. With disposable gloves available, you can put them on to check and fix the issue at hand.

As a car owner, you don’t have to wait for an emergency before you start thinking of what to do. You can have these basic items in your car at all times to handle any of such emergencies.

You don’t have to remain stranded on the roadside for long with the right tools and knowledge of their usage.

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How to Use Zoom for a Legal Consultation

Many people have come to know Zoom, the online video conference tool, during the coronavirus pandemic. Here at Herrman & Herrman, P.L.L.C. we have adopted the use of Zoom for remote legal consultations between our Texas personal injury lawyers and our existing and prospective clients.

If you are not already familiar with Zoom, you may have questions about how to use Zoom for a meeting on the computer. We think that you’ll find that the Zoom meeting software is extremely easy to set up and use and that it provides the security necessary to ensure attorney-client confidentiality during a remote legal consultation.

If you are getting set up for a Zoom meeting with Herrman & Herrman and need assistance beyond the information below about how to use Zoom for a meeting, feel free to contact us at (361) 882-4357 for help. We can conduct a video conference in English or Spanish

How to Get Set Up for a Zoom Video Conference

To use Zoom, you must download the Zoom app. It’s available to download free of charge. Versions are available for Windows, Mac, and Linux computer platforms and for iOS, Android, and even Blackberry mobile devices. Once you have the app, you can launch it and be ready to join a meeting. 

For your initial consultation with Herrman & Herrman, we will email you a meeting invitation after you contact us by phone or online. To join the meeting, at the appropriate time, you will need to click on a link in the email invitation labeled “Join Zoom Meeting.”

When you click on the link, you will get a message prompting you to either download or launch Zoom. Since you’ve already downloaded the app, click on “open zoom.us.” 

When you click to join the meeting, a screen will ask for the meeting ID. Every scheduled Zoom meeting has an ID number, which is in the email invitation. You can copy and paste this number from the email.

Then you will be given options to turn off the video or audio. Please do not select either of these. Instead, click the “Join” button.

Understanding Zoom Basics & Zoom Features

During our Zoom meetings, Herrman & Herrman will serve as the “host” and you will be an “attendee.” As host, we’ll handle most of the chores of making sure the meeting is set up properly and happens as it should once you join.

There’s little an attendee must do beyond participating in the conversation. There are a couple of helpful features to know about as we meet for a legal consultation.

The Zoom Mute button. There will be several control buttons on a bar at the bottom of the Zoom meeting video screen. At the far-left is the “Mute” button. The Zoom mute button is simply an on/off toggle switch that mutes and unmutes your microphone with each click. When your mic is muted, the microphone icon will appear with a line through it.

In meetings with many participants, it is proper Zoom etiquette to mute your mic when you are not speaking. In a one-on-one legal consultation, it shouldn’t be an issue but, again, it’s just an on/off switch.

Use “Chat” to share files. Zoom allows you to share photos, documents or other information from your computer/device during a meeting, such as photos from the scene of a car accident.

On the meeting screen, look for the “Chat” button on the bottom bar. When you click on it, a chat window will open to the right side of your video screen. At the bottom right of the chat window, find the “File” button. Click on it, and a window will provide several options for retrieving files from the device you are using.

Navigate to the file you wish to share. Click on it and follow the onscreen prompts to share. The document should appear in the chat window like any other typed message. We can then click the link to download the file or open it in a browser window. 

Another basic of Zoom meetings to keep in mind is that the attendee’s view of himself or herself in a Zoom meeting is, by default, like looking in a mirror. This is because it’s more natural to see yourself reflected back at you that way. We will see you normally. You can turn this mirroring feature off under Video settings, but it’s disorienting unless you are used to it.

Video Appearance in a Zoom Meeting

In a legal consultation, we’re here to help you and get the particulars of your case. How you or your background looks on screen is not a pressing concern. But there are a few tips to setting up for a video conference that can help.

First, consider lighting. Your light source should be above or to the side of the camera on your computer or mobile device. If it is behind you, your face may be cast in a shadow. Natural light is better than electric lighting, which casts an unnatural color.

Set up your computer/device so its camera lens is just a little higher than eye level and has a clear, unobstructed view of you. Sit about three feet away from the camera.

Zoom allows you to use virtual backgrounds that it provides or that are made from a photo you upload. That can be fun but it is unnecessary for a business meeting. If you move in front of a virtual background in Zoom, it creates distortion that can be distracting.

Zoom Privacy and Security

We are confident that Zoom meetings are secure. 

Zoom’s 5.0 release supports encrypting content up to industry-standard AES-256, and the company says it will soon offer an end-to-end encrypted meeting mode to all paid accounts, according to CNET.

As of May 7, Zoom had acquired the secure messaging and file-sharing service Keybase. Zoom said Keybase would provide important contributions to Zoom’s 90-day plan to enhance security and privacy capabilities on the platform. 

If you or a loved one has been injured in an accident caused by someone else in Corpus Christi, San Antonio, McAllen, Brownsville or anywhere in south Texas, contact Herrman & Herrman for a free consultation with an experienced personal injury lawyer. Our injury attorney will review the details of your accident and discuss your legal options. You may be entitled to seek compensation if your injuries were caused by someone else’s negligence.

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What To Do If You Are Injured By Fireworks

Aside from the excitement and fun associated with throwing fireworks, people do happen to get injured sometimes. Now, since firework injuries are probably not one of the most common everyday injuries, only a few people tend to know exactly what to do when it happens.

According to reports, however, there are now increasingly more firework injuries than there used to be. This is why it has now become important for almost everybody to have an idea of what they’re supposed to do when a night of fireworks turns ugly.

If you have a firework injury case on your hands, here are a few recommended ways to manage and take care of it.

Common firework injuries and how to manage them

Although you might need to get an injured person to a medical facility for proper treatments, there are the immediate actions that you can take once the incident has occurred. Usually, firework injuries range from minor to severe skin burns, eye injuries, etcetera.

The following are some useful recommendations for managing different firework injuries:

Minor and severe burns

When the injuries are cases of heat or fire burn, the first thing to do is place the burnt hand or leg under running cold water. The purpose of this is to cool down the affected area. When doing this, you should leave the hand or leg under the tap, for a minimum of ten minutes. Severe or bigger skin burns may require cooling using a water hose or a bath shower.

Once the affected area is cooled off, you may then apply cling film to the surface. As much as possible, try not to touch the burn area while the first aids are ongoing. Also, don’t make use of lotions or any ointment and cream. If the burns are bigger, you may also need to calm the victim, as it’s not unlikely that they may sometimes show signs of shock.

Fireworks injuries to the eye

Fireworks may also cause injury to the eyes. If you discover that particles or debris from the fireworks have entered the eye, make sure your hands are well cleaned before attending to the victim. Check their eyes to see the extent of injury caused. If you can see the moving particles or debris, then you may flush it out with plenty of eyewash. If not, ask the injury victim to keep their eyes closed, until an expert arrives.

Before administering medical aids to a victim of burn injury, always remember to call for expert medical attention. If the injuries are severe and you’re alone with the victim, you may try to keep them as calm as possible, before making the call.

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10 Mother’s Day Ideas — How to Celebrate Your Mom During Quarantine

Settling into our “new normal” during the COVID-19 pandemic means taking a new approach towards pretty much everything, including how holidays are celebrated.

With Mother’s Day less than a week away, most of us are being forced to rethink how we can celebrate our moms — some of whom are in the high-risk age range — as we are being advised to keep a safe distance from our loved ones.

Fortunately, in the age of technology, there are a few ways that you can still send your mom a gift for Mother’s Day, spend some virtual time with her and make her feel special.

From video-chat dinner dates to virtual workouts to custom made cards — here are 10 creative ways to celebrate your mom during quarantine:

1. eGift cards

Most retailers offer online gift card options that can be purchased and sent virtually. Mother’s Day during quarantine would be a great opportunity to take advantage of this option by checking the website of your mom’s favorite store to see if they offer eGift cards. You can also checkout Giftcards.com where you can buy a gift card and email it. For those of you in the Pittsburgh area, Pittsburgh Downtown Partnership is offering a way to celebrate your mom while supporting local businesses through the Gift Card Give Back initiative. For every gift card purchase from a range of Downtown and Strip District businesses, PDP will add an extra 25% bonus towards its revenue.

2. Video message

Although you may not be able to wish your mom a Happy Mother’s Day in person, you can always record you and your family members saying a few nice words and send her a video. You and your siblings can each record yourself on your phone sending your mom well wishes and edit the clips together in a nice compilation. Mobile apps like iMovie, Wave and Filmora allow you to easily slice videos together on your phone and add graphics or music to customize the video even further.

3. Send a personalized message from her favorite celebrity

If you think your mom would be enamored by a video message from you, imagine her reaction when she gets one from her favorite celebrity. Cameo is a digital company that lets fans book a personalized video message from a range of talent of their choosing. From professional athletes, to musicians, to actors to reality TV stars, you can purchase a customized video from someone famous to wish your mom a Happy Mother’s Day. Cameo has also launched a COVID-19 Relief Campaign in which its donating proceeds from select video requests towards coronavirus relief efforts.

4. Create your own eCard

If you want to save yourself the hassle of running into the store, armed with a mask, pacing up and down the greeting card aisle, you can always create your own Mother’s Day card online. Sites like Canva allow you to customize a virtual card that you can send to your mom by email or by phone. Blue Mountain also offers a range of greeting card templates.

5. Virtual dinner date

There are plenty of ways to video chat with your mom on Mother’s Day (FaceTime, Zoom, Skype etc.), so why not set up a date for you both to enjoy? Since restaurants are offering take-out only during the pandemic, maybe try taking an online cooking class with your mom. Or, you can order from an ingredient meal-kit service like Blue Apron or Freshly and go through a dinner recipe step by step with your mom on the other end of you mobile phone or tablet screen.

6. Send a Mother’s Day basket or care package

Easter isn’t the only holiday where baskets can be gifted. Quarantine Mother’s Day is a great opportunity to package a bunch of self-care items together to send to your mom in DIY basket form. Grab a bottle of wine, some bubble bath, her favorite snack, and her favorite scented candle to create a nice basket to be delivered to her front door. If you’re in the Pittsburgh area, Fresh Nostalgia in Downtown is selling curated gift boxes filled with speciality items of your choosing.

7. Host a Netflix Party

Netflix and chill … but with your mom. Google Chrome has launched an extension called Netflix Party that allows Netflix account holders to stream and binge the platform’s content simultaneously with a group. If your mom has her own Netflix account and Chrome installed on her laptop or desktop, the two of you (or the whole family) can watch a movie or binge a show together on Mother’s Day. The party really starts with its group chat function where you all can comment live within the platform to discuss the movie together from wherever you are in the world.

8. Decorate your mom’s front door

If you have the ability to do a drive-by at your mom’s house, a great way to say Happy Mother’s Day would be to surprise her with a creatively decorated front door. Spring season is the perfect time to add a nice plant or wreath to your mom’s porch decor. For all the fathers with young children, maybe have them create some special arts and crafts dedicated to mommy that she cant flaunt on her doorstep. Pinterest has a ton of ideas for Mother’s Day door decorations.

9. Run a virtual race together

Since the start of the pandemic, marathon organizers have curated a ton of virtual run options that can be done while practicing social distancing. You and your mom can find a trail near each of your houses and start your race at the same time. If you can have a conversation in between catching your breath, bring along your headphones or video call your mom once you both complete your distance goals. Check out mothersdayrunwalk.com to sign up for a virtual 5K or 10K on Mother’s Day.

10. Take a virtual tour of a museum, zoo or theme park

We may not be able to visit any historic museums or take a trip to Walt Disney World in the near future, but you and your mom can tour dozens of places together from your own homes. There are over 30 museums, theme parks and zoos that are offering virtual tours during the pandemic. Set up a Mother’s Day date for you and your mom to visit The Louvre, the National Women’s History Museum or the Smithsonian National Museum of Natural History through online exhibits. You can also virtually check out the Cincinnati Zoo, the National Aquarium and more.

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Trucking Under The Influence

What it means

Alcohol and narcotics effect reasoning, coordination and reaction. For these reasons, anyone driving a vehicle should avoid them. Trucking under the influence basically means driving a truck while impaired by these substances, which can lead to serious accidents.

Impairment due to the consumption of these substances is directly proportional to the amount consumed. While the maximum blood alcohol concentration for truckers is 0.04% (same for all commercial drivers), at about 0.02%, their visual acuity becomes limited. Beyond 0.02%, other functions like concentration, reaction, and muscle coordination begin to drop, increasing the probability of a drunk driving accident.

The risks of trucking under the influence

Truck drivers spend a lot of time alone. In order to cope with being alone and the ennui that comes with it, they consume these substances. However, doing so is not without consequences.

Alcohol and narcotics may cause the trucker to sleep off while driving. Also, they may affect the trucker’s ability to react to traffic or apply brakes. Ultimately, these limitations lead to collisions.

The average truck weighs 20 times more than a car. Most times, when a truck collides with a car, the car and the passengers of the car take the most damage. Aside from the risk posed to drivers of smaller vehicles, the truckers are also at risk of injuries from such collisions.

Damages from such collisions include internal injuries, irreversible disabilities, and even death. Non-human damages include the destruction of cars and public properties.

In the USA, an average of 1 person dies every hour due to drug/alcohol-related crashes. Over 50 billion dollars are lost every year as a result of driving under the influence.

The penalties

With truck drivers and other commercial drivers, a lot can be lost due to mishaps. For this reason, they are subject to stricter regulations.

In the first instance, a trucker found to be driving under influence will have their license suspended for a year. Any other offense after will lead to the permanent suspension of their license.

Also, a trucker who refuses to use the Breathalyzer on request by the appropriate authorities will have their license suspended for a year. Refusing to use a Breathalyzer after the first instance will lead to a permanent license suspension.

Truckers will receive stiffer penalties depending on the gravity of the damage caused because they drove under the influence.

Conclusion

The best concentration of drugs/alcohol that should be in a trucker while driving should be 0. The risks associated with consuming these substances are usually very dire. Avoiding them before or during driving is the best way to preclude disaster.

If you have been injured as a result of a truck driver’s negligence or other motor vehicle accident, contact us now. An experienced attorney at Herrman & Herrman, P.L.L.C., is prepared to help you through your situation.

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Athletes and Traumatic Brain Injury

Sport are one of the most popular recreational activities as well as exercises in the world today. This is probably because of its active and participatory nature. Today, it is estimated that more than a quarter of the world’s population are involved in at least, one type of sport, either for professional or leisure purposes.

The benefits of participating in sports are almost unable to count; from helping you to maintain top-tier health, to keeping you fit, among many other reasons. However, there are also a few disadvantages that are associated with sports, and one of them is being at risk of a Traumatic Brain Injury.

What is a Traumatic Brain Injury?

Traumatic Brain Injury is a form of injury to the brain that is often caused by the impact of an external force on the head, which is very likely to lead to a temporary or permanent impairment of physical, cognitive, or psychological functions of the brain.

What Causes Traumatic Brain Injury

Oftentimes, Traumatic Brain Injury occurs as a result of a violent jolt or blow to the body or head of an individual. It can also be caused by the penetration of brain tissue by objects such as a bullet, shattered skull pieces, pellets, etc.

Symptoms of Traumatic Brain Injury

The symptoms of Traumatic Brain Injury can be categorized as follows.

Mental and Cognitive Symptoms: constant mood swings and changes, concentration problems, depression, and anxiety, etc.

Physical Symptoms: headaches, problems with finding sleep, difficulty with speaking, frequently losing consciousness for a few seconds, etc.

Sensory Symptoms: blurred vision, sour taste in the mouth, too much sensitivity to sound or/and light, etc.

How to Prevent Traumatic Brain Injury for Athletes

To reduce the chances of contacting Traumatic Brain Injury during sports, athletes are advised to:

Learn and practice proper techniques to avoid hits in the head;

Limit or control the possibilities of making body contacts during sports;

Put on required safety wears while participating in sports;

Watch out for and avoid impending dangers while participating in sports.

Abide by general safety rules during sports.

Just as earlier mentioned there are many benefits to playing sports, and there are a few disadvantages, also. In this article, we have discussed all you should know about Traumatic Brain Injury for athletes and how to avoid it in sports.

If you have experienced an injury to the head or other part of the body, and are seeking legal counsel on the best actions to take, call the experienced injury attorneys at Herrman & Herrman now.

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