Tuesday, June 30, 2020

WIN A 2020 FXDR 114 HARLEY DAVIDSON MOTORCYCLE

Announcement: The 2019 contest is closed but you can register for the 2020’s giveaway.

Register For Our Giveaway

The Grand Prize Winner will receive a 2020 FXDR 114 Harley Davidson Motorcycle valued at over $21,000.00

CLICK HERE TO ENTER NOW

ELIGIBILITY: The “WIN A 2020 FXDR 114 HARLEY DAVIDSON MOTORCYCLE” online sweepstakes giveaway (“Promotion”) is open only to those who are legal residents of the 50 United States or the District of Columbia and enter via the online entry form at http://www.namil-law.org/winaharley. Members of the National Academy of Motorcycle Injury Lawyers (“Sponsor”), as well as the immediate family members (spouse, parents, siblings and children) and household members of each such member are not eligible. This Promotion is subject to all applicable federal, state, and local laws and is void where prohibited by law. Sponsor reserves the right to verify eligibility qualifications of any winner.

TIMING: The Promotion will run from October 15, 2019 through October 31, 2020 (the “Promotion Period”).  The Promotion Period is subject to change at Sponsor’s discretion if for any unforeseen reason the Promotion cannot be conducted as planned.

HOW TO ENTER:  During the Promotion Period, entrees must complete and submit the official entry form in its entirety.  Limit one entry per person.  Participation in this Promotion constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s decisions, which are final and binding in all matters related to this Promotion.

DRAWING DETAILS:  All eligible entries received during the Promotion Period will be included in a random drawing to determine Prize Winner by October 31, 2019. Odds of winning are based on the number of eligible entries received.  Drawings will be conducted by Sponsor, whose decisions will be final and binding in all matters relating to this Promotion.

GRAND PRIZE:  Model year 2020 Harley Davidson FXDR 114 Motorcycle, $21,000 package value.

For more contest details, visit the following link: Contest Details

 

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Monday, June 29, 2020

Brownsville Drivers Should Ask: Are Pickup Trucks Safe?

Texans love pickup trucks. And truck lovers in Brownsville and elsewhere in the Lone Star State are even rewarded for their devotion to trucks with Texas-edition special model pickups. Some say that 1 in 5 pickup trucks sold in the U.S. are sold to Texans.

Trucks are great for hauling stuff, whether around a ranch or in town in Brownsville. Some workers rely on their pickups to help do their jobs. The size of pickups leads some people to believe that they are safer in a collision than a passenger car.

Unfortunately, the added safety afforded by pickup trucks is a myth as big as Texas. The Insurance Institute for Highway Safety (IIHS) – the crash test guys – said in their 2019 testing that passengers in modern pickup trucks are at higher risk of injury or death than drivers in car accidents.

“A majority of two-row pickups struggled to maintain their structure in a recent round of crash tests designed to gauge what happens when the front-right corner of the vehicle smashes into something,” a USA Today report said.

“‘Clearly as a class, they’re not offering state-of-the-art occupant protection on the passenger side”, IIHS chief research officer David Zuby said in an interview.

The IIHS says in its report that it took pickups more years and models to start performing well in driver-side crash tests than other types of vehicles needed, so it is not surprising that pickups are lagging a bit in the newer passenger-side safety tests.

Safety Ratings of Pickup Trucks

The IIHS released its latest pickup truck crash test results in 2019. It rated the performances of 11 crew cab pickups — four small and seven large – in the passenger-side small overlap test. A small overlap crash occurs when just the front corner of the vehicle strikes another vehicle or an object such as a tree or utility pole, the IIHS says.

The Ford F-150 was the best performer in the IIHS passenger-side test. “The structure held up well…. The seat belts and airbags worked well together to control the movement of the passenger and driver dummies, and neither dummy recorded any potential injuries.”

The Nissan Titan also earned a good rating, and the Ram 1500 earned a good rating in previous test results released late in 2018.

The Toyota Tundra, a large pickup, earned the only poor rating, while five of the trucks rated marginal.

“The Tundra … was seriously compromised by intruding structure,” the IIHS said. “The passenger dummy’s head hit the grab handle attached to the A-pillar as the A-pillar intruded into the passenger’s space.

“Measures taken from the dummy indicate that injuries to the right lower leg would be likely in a crash of this severity, and injuries to the right hip would be possible.”

The Honda Ridgeline earned an acceptable rating in the passenger-side test but qualified for the 2019 TOP SAFETY PICK award because of good-rated headlights available in more expensive trim packages and available superior-rated front crash prevention. The Ridgeline qualifies for the award only when equipped with those features.

More Pickup Truck Safety Ratings

You can search all IIHS vehicle ratings here, but the IIHS isn’t the only product safety organization that tests pickup trucks. Each year, the National Highway Traffic Safety Administration (NHTSA) crash tests vehicles as part of its 5-Star Safety Ratings program.

NHTSA ratings are searchable here by make model and year. For example, the NHTSA gives various models of the Ford F-150 pickup since 2011 five stars overall and for frontal and side crash testing. The F-150 gets four stars in rollover crash testing.

Consumer Reports provides a searchable guide to pickups based on IIHS and NHTSA safety ratings as well as its own scores for reliability, owner satisfaction, mileage, handling, braking, overall road test and more.

Are Trucks Safer than SUVs and Cars?

As the IIHS safety ratings indicate, motor vehicle safety is based on more than size. In 2002, in fact, researchers from the Lawrence Berkeley National Lab (Berkeley Lab) and the University of Michigan conducted a unique risk analysis study which showed that, contrary to conventional wisdom, vehicle quality is a much more important safety factor than weight when it comes to the safety of drivers involved in a crash.

The researchers determined that “SUVs are no safer for their drivers than the average midsize or large car and not much safer than many of the most popular compact and subcompact car models. Drivers of pickup trucks are at even greater risk than drivers of SUVs. When the combined risk is considered, SUVs and pickup trucks are revealed to be significantly more dangerous than just about any car.”

A review of IIHS data by the Driving blog led the author to conclude that advancements in safety technology mean that the age-old idea that bigger is better doesn’t apply to motor vehicles like it used to. “Because collisions pose less of a threat now compared with rollovers and other calamities, pickups and large sedans are no longer the safest vehicles to be had.”

According to Driving, “SUVs, which combine the superior handling characteristics of a passenger car with the mass of a pickup, are the safest vehicles of all, with half the overall occupant deaths per million vehicles registered, compared with pickups and cars.”

Because opinions differ and vehicle models change to some extent each year, the cautionary adage, “Let the buyer beware,” still applies. We suggest that you research IIHS, NHTSA, Consumer Reports and other sources as you consider any vehicle purchase in Texas.

How Our Brownsville Pickup Truck Accident Lawyers Can Help

Vehicle safety refers to how well a pickup truck’s structure will protect drivers and passengers in a Brownsville pickup crash. Most automobile and small truck accidents are caused by driver error.

If you have been injured in a Brownsville pickup truck crash that was another driver’s fault, even if it was the driver of the truck you were in, you may be able to recover compensation for your medical bills and other losses. The Brownsville car accident attorneys of Herrman & Herrman, P.L.L.C. can review your pickup truck accident and discuss your legal options during a free, no-obligation initial consultation. Contact us for free today.

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Can I File A COVID-19 Wrongful Death Lawsuit Against a Nursing Home?

The large number of COVID-19 deaths in nursing homes make it highly likely that we’ll see numerous wrongful death lawsuits against nursing homes and long-term facilities in the coming months and years.

One recent analysis says COVID-19 deaths among long-term care residents and employees at such facilities make up about 40 percent of coronavirus deaths in the U.S.

The Centers for Disease Control and Prevention (CDC) states that because long-term care facilities house older adults, many of whom have chronic medical conditions, the residents of these facilities are at high risk of being affected by COVID-19.

As of June 24, the Texas Department of Health Services reported 883 coronavirus deaths among nursing home residents and 133 more in assisted living facilities in Texas. Overall, there have been nearly 6,600 cases of COVID-19 reported among residents at more than 80 nursing homes and assisted living facilities in Texas.

If your loved one has died of COVID-19 while a resident or employee of a nursing home or assisted living facility in Texas, you have every right to explore the potential for filing a wrongful death lawsuit. At Herrman & Herrman, P.L.L.C. in Corpus Christi our experienced wrongful death attorneys can offer you trusted and compassionate guidance during this trying time with a free legal consultation.

Lawsuits Against Nursing Homes Over COVID-19 in Texas

A lawsuit filed over the death of a certified nurse aide at the West Oaks Nursing and Rehabilitation Center in Austin is believed to be the first related to a healthcare worker dying from COVID-19 in Texas, the Texas Lawyer journal says. Maurice Dotson, who died April 17, worked for the nursing home for 25 years.

The lawsuit asserts that Regency IHS of West Oaks didn’t provide masks and other protective gear, which exposed staff and patients to infection. Dotson’s mother is suing for negligence and is seeking more than $1 million in survival damages for her, wrongful death damages for Dotson and exemplary damages.

Elsewhere, a lawsuit over the death of Jose Velasquez, a resident of Southeast Nursing and Rehabilitation Center in San Antonio, accuses the facility of gross negligence by exposing Velasquez to an “extreme degree of high risk in light of the near certainty of his exposure to COVID-19 as a result of (its) malfeasance.”

That lawsuit, filed June 10 in state District Court in San Antonio, seeks unspecified financial damages, according to the San Antonio Express-News.

Additional lawsuits against Southeast are pending over the death of Dorothy “Pearl” Davis, who was employed by Southeast until she died from COVID-19 in May, and from several families of residents who died or were sickened by the virus at the facility, the newspaper reports.

Personal injury / wrongful death attorneys in Texas and across the country are gearing up to sue over injuries and deaths from COVID-19 exposure, Law.com reported in May. In addition to elderly care facilities, suits have already made claims against cruise ships and a meat-processing plant.

In a California wrongful death lawsuit, a family is blaming their loved one’s death from coronavirus on the nursing home where he lived. The suit against Glenhaven Healthcare in Glendale, Calif., alleges inadequate safety conditions during the coronavirus pandemic. The suit says a nurse who had been exposed to COVID-19 at another facility was allowed to work at Glenhaven, a local ABC station says.

Another ABC station reports a wrongful death lawsuit filed against Riverbend Post Acute Rehabilitation in Kansas City, Kansas. The suit alleges that the outbreak of COVID-19 started due to a Riverbend employee working in the facility with a cough and fever and without proper personal protective equipment.

Legislation May Protect Nursing Homes Working to Stop COVID-19

Grieving families in some states could be cut off from legal remedies for their loved ones’ COVID-19 nursing home deaths.

The Washington Post reported in early June that “healthcare associations nationwide have pressed governors for immunity from lawsuits, in some cases offering specific language for emergency orders. The groups have appealed to Health and Human Services Secretary Alex Azar, House Speaker Nancy Pelosi (D-Calif.) and Senate Majority Leader Mitch McConnell (R-Ky.), who vowed last month to extend new coronavirus-related protections to a number of groups, including the healthcare industry.”

Texas Sen. John Cornyn said in May that he and McConnell were drafting a bill that would protect businesses and frontline healthcare workers from certain litigation, according to CBS in Dallas-Fort Worth.

Under the bill, for businesses to have their liability limited, they’d be required to comply with public health guidelines regarding cleaning and protective gear. Cornyn said the legislation would not protect businesses or owners who engage in grossly negligent, willful or criminal misconduct.

As of this writing, no such legislation had been passed by Congress or in Texas, nor had Texas Gov. Greg Abbott made any such emergency declaration.

Abbott has ordered all nursing home facilities in the state to test all residents and staff for the virus, a move driven by the high mortality rates in senior care facilities.

Corpus Christi and Nueces County Continue to Battle Coronavirus

The Caller Times in Corpus Christi reported June 3 that, under Abbott’s testing program, at least 11 nursing home staff or residents in Corpus Christi had tested positive for coronavirus. At least 2,300 people at Corpus Christi facilities had been tested.

As of the June 3 report, there had been a total of 285 cases of coronavirus reported in Nueces County, including five new cases reported that day.

But on June 24, the Caller Times was reporting 215 new COVID-19 cases that day, “bringing the total for the first five days of the week to 479 – more than double the entirety of the previous week … and at least 10 times higher than the week before.”

This post-Memorial Day reopening surge brought the county’s cumulative total to 1,027 – “a stark reversal from the earlier months of the COVID-19 crisis, when Nueces County seemed to enjoy surprisingly low infection rates.”

On June 25, Gov. Abbott halted Texas’ reopening efforts because the seven-day average of the state’s rate of positive cases – the percentage of tests administered that produce a positive result – exceeded 10 percent for the first time since April 18.

Unfortunately, the COVID-19 coronavirus should be considered very much present and spreading in Corpus Christi, Nueces County and all of Texas.

Contact a Nursing Home Wrongful Death Attorney in Corpus Christi, TX

When staff and management at a Texas nursing home do not follow established public health guidelines regarding cleaning and providing protective gear and someone dies from the COVID-19 coronavirus, the nursing home’s owners may be held liable.

The Corpus Christi nursing home Covid-19 attorneys of Herrman & Herrman have an in-depth knowledge of federal and state laws governing nursing homes and other facilities that care for Texas’ senior citizens. As attorneys working on your behalf, we will seek the evidence necessary to show that a Texas nursing home failed to meet the duty of care owed to your loved one.

Contact us today for a free legal consultation about how we can help your family.

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What To Do If Injured by a Company Vehicle

Getting involved in a car accident is never what anyone plans for, but sadly, it happens. When the accident is caused by a company’s vehicle, the next concern if the victim survives the crash is, who takes responsibility for the cost? Is it the driver or the company he works for? These are the usual questions that beg for answers, and everyone must know these little tricky issues. So, if you unavoidably meet with a car injury you will know your rights as well as how to press for compensations.

So, what to do if you get injured by a company vehicle.

  • First, allow your mind to be at rest knowing that the driver is a representative of that company and you are right to guess that the company is insured. In addition to that, the law recognizes the driver or the employee as a representative of the company which means the company has no other choice than to bear the brunt of any tragedy caused by their employee.
  • Once the accident is reported, the company’s immediate action is to investigate the state of the damage/injury and ascertain the cause. If it is a company that priorities its reputation, the investigation will only take a couple of hours to get rid of a possible mess.
  • However, the company’s attorney will handle the matter with thorough investigations to prove the possible causes like driver’s negligence, poor supervision on the part of the employer. Other instances where the employer may be found liable for contributory causes include: Negligent hiring culture, poor driver’s training, and poor vehicle maintenance.
  • The driver is equally liable if he is proven to have used the company’s car for his personal purposes at the time of the mishap. Even when the driver is guilty, the employer is not exonerated because the law will fault his poor supervision and failure to monitor the driver’s records. Whatever the case, the company will take care of the victim’s health wages and pay for other damages.

For the victim.

  • If you get hit by a company truck, call 911 and get immediate medical attention, they will also help you file your report.
  • If you are not too bad, you can take photographs of the scene and document your details. Because some companies may quickly find a way of cleaning possible pieces of evidence against them.
  • Refuse to say a word to anyone, especially the company’s claim adjuster who may work against your favor.
  • Get in touch with a commercial car accident attorney who will protect your rights and help you get your due compensations.

In summary, if you ever get injured by a company truck or any kind of vehicle, you have the right to press for claims, but you need to follow these smart steps while surrendering your body gently through the healing process.

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Friday, June 26, 2020

Home VS. Corporate Daycares

Parenting a child is not easy, especially when it is the first time. Among the top questions that would be on top of your mind is “Should I put my child in a home or corporate daycare?”

This question is valid because as a responsible parent you want what is best for your child. You want him or her to develop socially, academically, and emotionally. However, parents are often torn between these two choices.

Should you teach your child at home, so that you can be closer to him or her? Or do you place the child in a corporate daycare so that you can focus more on your work?

Let us look at both options.

Home Daycare

The number reason why many parents choose this option is that they want to be close to their children. Many feel that no matter how structured a corporate daycare is, it could never replace the love and affection that a home would give to a child.

Daycare center employees are just that – employees, so they can never treat a child like a parent would.

Training a child is no easy work though. There would be a time when you wished that actually took the child to a daycare. There would be bouts of tantrum, spillings, and a lot of messing around.

Studies have shown that children cared for in Corporate nurseries had more behavioral problems than those who had been cared for by their parents or by other relatives. This was even more evident when the nurseries were of poor quality and worsened when the children spent more hours in them.

Corporate Daycares

The financial situation of our time almost makes it compulsory for both parents to work. With both parents at work, the child has to be placed in daycare.

Daycares can be fun too. The reason is that they are centers designed specifically for taking care of children until their parents come to get them.

These daycare centers often feature many activities that your children would love. You kids also get to socialize with other children that come to the daycare too. In truth, daycares offer many experiences that are not available at home.

Final Thoughts

If you and your spouse have to work to provide for the family, then enrolling your child in daycare is not a bad idea. This gives you time to focus on work. In the case where you are stay-at-home mom or dad, then training your child at home is the logical choice.

In all, you want what is best for your kid. So take your time to analyze your situation and see which option works best.

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Thursday, June 25, 2020

San Antonio Nursing Home Accused of Negligence in COVID-19 Deaths

In recent months, 18 residents of Southeast Nursing and Rehabilitation Center and one staff member have died the coronavirus, according to reports in the San Antonio News Express. It’s the most deaths of any nursing home in San Antonio, according to the newspaper

The family of one resident has filed a wrongful death lawsuit against the owner of the nursing home over their loved one’s COVID-19 death, and the facility is the subject of an ongoing investigation by the Texas Health and Human Services Commission, according to reports in the San Antonio News Express.

Southeast Nursing and Rehabilitation Center is a 116-bed facility in the Pecan Valley Heights area of San Antonio.

The Centers for Disease Control and Prevention (CDC) states that given the congregate nature of nursing homes and the population of older adults often with underlying chronic medical conditions, nursing home residents are at high risk of being affected by respiratory pathogens like COVID-19.

The CDC states that a strong infection prevention and control program is critical to protect both residents and health-care workers.

The Texas Department of Health Services reported 859 COVID-19 deaths among nursing home residents and 132 more in assisted living facilities in Texas as of June 22. Overall, there have been nearly 6,000 cases of the coronavirus among residents of both types of facilities and more than 800 among staff.

Lawsuits Against San Antonio Nursing Home Allege Negligence

The wrongful death lawsuit against Southeast alleges gross negligence and malfeasance in subjecting Jose Velasquez, 79, to an “extreme degree of high risk in light of the near certainty of his exposure to COVID-19.” Velasquez was diagnosed with COVID-19 on March 26 and died about three weeks later, according to the News Express.

In a separate lawsuit against Southeast, a licensed vocational nurse who worked in the memory care unit at the nursing home for more than 12 years alleges that the for-profit owners kept the facility understaffed by at least 20 percent in an effort to maximize profits, according to another News Express report.

Southeast is one of 42 nursing homes operated and managed by Arlington-based Advanced Healthcare Solutions, the newspaper says. The lawsuit lists Interstate Agent Services LLC of Dallas as the defendant.

The nurse, 80-year-old Minnie Monroe, alleges that she was fired for reporting violations of infection control policies that would have reduced the spread of COVID-19 and were mandatory under state and federal infection prevention protocols. Staff members entered the building without being screened for COVID-19 symptoms, receiving temperature checks or washing their hands, she says.

Because Southeast participates in Medicare and Medicaid reimbursement programs to pay for residents’ care, it is required to comply with federal and state infection control regulations, which have been tightened during the pandemic.

When Monroe asked for time off because her age makes her particularly vulnerable to COVID-19, her request was denied, she says.

Additional lawsuits against Southeast are pending over the death of Dorothy “Pearl” Davis, who was employed by Southeast until she died from COVID-19 in May, and from several families of residents who died or were sickened by the virus at the facility. Another wrongful death complaint accuses Southeast of negligence in the 2018 death of a resident who suffered bed sores.

Southeast has filed responses denying liability for healthcare-related claims but had yet to file an answer to the Velasquez lawsuit, the newspaper said in its June 16 report.

Meanwhile, the Texas Health and Human Services Commission, which helps regulate the state’s nursing homes, has launched an investigation into potential violations at Southeast, the newspaper said. And the Centers for Medicare and Medicaid Services has reported incidents of Southeast staff failing to wash or sanitize their hands to prevent the spread of infection, among other deficiencies.

Precedents of Negligence in U.S. Nursing Homes

Long-term care residents and workers make up about 40% of the nation’s death toll from COVID-19, according to one analysis.

We know from our nursing home abuse and neglect practice that nursing home negligence can allow infection to spread throughout a long-term care facility.

A New York Times report said that nursing facilities and long-term hospitals are a dangerously weak link in the health-care system. They often are understaffed and ill-equipped to enforce rigorous infection control and continuously cycle infected patients into hospitals.

A Kaiser Health News (KHN) report published in March 2020 says nursing homes are faulted for failing to follow practices designed to prevent and control infections more often than for any other type of error.

Up to 3.8 million infections occur in nursing homes each year, killing nearly 388,000 residents, KHN says. “Bacteria and viruses can spread through urinary catheters used by immobile patients and attack patients through soft tissues exposed as bedsores or wounds.”

Proving Nursing Home Negligence

Nursing homes can be held legally responsible if staff or management fail to act to prevent the spread of infection or disease that leads to injury or death. A resident who became ill and/or their family can recover compensation for their subsequent costs and losses.

A successful claim under Texas civil law requires the resident or family to present evidence demonstrating that the nursing home failed to maintain the resident’s safety and that this failure led to the resident’s illness or death. Reports of violations filed by the Texas Health and Human Services Commission and/or Centers for Medicare and Medicaid Services might provide such evidence.

Medical records and testimony from family members who observed the injured resident’s behavior might also be potential evidence of illness, decline and lasting harm.

As attorneys working on your behalf, the team at Herrman & Herrman would seek evidence to show that a Texas nursing home failed to meet the duty of care owed to your family member.

Contact a South Texas Nursing Home Negligence Attorney

The San Antonio nursing home abuse lawyers of Herrman & Herrman have extensive knowledge of federal and state laws governing nursing homes and other facilities that care for senior citizens and infirm Texans. Contact us today for a free discussion of how we can help you and your loved one.

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Tuesday, June 23, 2020

What Legal Options Are Available If One Gets #COVID19

With the novel coronavirus rates increasing across nations of the globe, the world seems to be unaware as to where to go and how to go about addressing it. While deep concerns have been largely expressed with regard to the spread of the virus, individuals need to be aware of the legal options available to them.

Right to Quality Healthcare: Access to quality healthcare especially at a time like this is the right of every citizen across the globe. This right is not one that can be taken away from you or excused by the poor health infrastructure of your state/country. Where you are denied access to quality healthcare when infected with COVID-19, it becomes a violation of your right. You are opened to the option of suing to have this right enforced or the option of seeking damages if your right to healthcare is breached and damages suffered.

Breach of Duty of Care: Everyone who exhibits any symptom similar to those that have been declared for the coronavirus is entitled to be tested and if confirmed, well treated. Where you report any of such symptoms and health officials fail to test you, it amounts to a breach of duty of care on the part of the health officials. If this is you, you can institute a legal action claiming damages for any outcome that may result from such breach provided you reported the symptoms to the appropriate authority.

Professional Negligence: Another legal option that you have if one gets COVID is in the area of treatment. The highest standard of professionalism is to be engaged when treating a person diagnosed with COVID. Where negligence on the part of a doctor or health official results in complications of a patient, such doctor or official becomes liable for the tort of negligence and damages can be claimed.

Surgical Consent: Consent with regards to the surgical operation of a person with COVID is also very important. To have you operated when infected with COVID, your consent is necessary. Where the person is an infant incapable of giving consent, the consent of his/her parents/guardian is needed. If you get COVID and operation is conducted on you without consent which results in further complications, the health officials are liable and you can sue to claim damages.

Even in these times of a global pandemic, there are still several legal options available to you if one gets COVID. Knowing your legal rights in these times is however very important if you want to explore the legal options available. Make sure you do all you can to stay safe but know that having the Coronavirus doesn’t strip you of your legal rights as a person.

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Saturday, June 20, 2020

What Types of Injuries Result In a Personal Injury Lawsuit

A friend once fell off the stairs in a grocery store. Everything happened in a split second that she couldn’t give a vivid description of how it all went down. She sustained a hip injury from the fall but sadly, we couldn’t establish a convincing case to hold the premise owners liable.

This is just one out of a million out there who may be suffering from the carelessness or negligence of others and are not aware that they deserve certain compensations to cushion the accrued expenses. This article provides a list of injuries that can attract a personal injury lawsuit; and will also help the party involved to know where they stand.

When there’s a slip or a fall

This type of accident always comes with lots of grey lines. However, one can safely file a personal injury lawsuit under premises liability claim if there’s clear evidence that the fall was the fault of the property owner or a tenant in possession of the property.

In events of a car accident

We see this all the time in the traffic. It could be a collision between vehicles, vehicles, and animals, pedestrians, buildings, trees, poles, etc. The injuries incurred by these collisions are mostly fatal – damages, disabilities, or even loss of life. And more often than not, it always stems from someone’s careless driving or faulting traffic laws. In these instances, the defendant or their insurance company is held liable.

When one suffers due to medical negligence

You can file for a medical negligence claim when you suffer undue pain, sustain an injury, or lose a loved one when a health care provider deviated from the standards of their professional practice. These particular lawsuits are never one-way traffic; you may need an experienced lawyer and good evidence. 

Intentional torts

This covers assaults and battery. Unlike most personal injury cases where there could be uncertainty as to who is a fault, this represents all cases of a deliberate attack on a person. And often comes with a two-fold charge where the assailant will pay compensation to the victim and also face criminal charges

Character assassination

This category addresses all injuries, pain, or loss an individual or a group may suffer due to slander or false public statements about them. However, the requirements may differ depending on who the plaintiff is. With celebrities and public figures, there may be a need to prove actual malice as opposed to average persons.

Toxic torts

Unaware to many, personal injury claim can be pursued when an individual or a company releases airborne or water contaminant that results in the death, disability, injuries, or illness of persons in a community.

 

Getting justice is always a lot easier when you’re sure you are in the right courtroom and have all your evidence ready for the attack. Therefore start by doing your homework before contacting an attorney.

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Wednesday, June 17, 2020

What Is Liability Auto Insurance?

For vehicle owners, apart from getting to your destination safe, another thought that is likely to be playing in your mind is the hope of a safe car recovery in the event of a crash. Either caused by you or caused by someone else. Once in an accident, you will have to prove financially, your ability to take care of car damages should they occur. Auto insurance is all you need to take care of all that trouble in a jiffy.

For anyone planning to get his/herself a car, you will find it very useful, understanding the benefits and the possibilities of auto insurance.

So, what is liability auto insurance? If you ever cause an accident, liability auto insurance takes care of the payment of the car repairs, medical bills of passengers, and other concerns of the adverse vehicle’s crash. It also means that the people involved in the crash can sue you for damages and if found guilty, you will have to pay up.

Other sides of liability auto insurance.

In understanding the offerings of liability auto insurance, it is important to be familiar with the various ranges of auto insurance otherwise known as insurance limits and plans. These plans come in different limits for bodily injury per person and per accident. Some states require 50/100/25 liability auto insurance per person, per accident, and per property damage claims, while some states need a 25/50/25 liability auto insurance plan.

  • So, how much liability auto insurance can you take? With the figures mentioned above, if you, unfortunately, kiss the rear of someone’s car and your state’s liability limit is 25/50/25, then the medical bills take $10,000 and the car repairs need $5,000. Here is the breakdown with your state’s limit in mind: $25,000 for bodily injury claims per person
  • $50,000 for bodily injury claims per accident
  • $25,000 for property damage claims.

 

With that, you have the medical bills fitting perfectly into your $25,000 for bodily damage and the car damage of $10,000 slightly below your $25,000 for property claims.

This analysis, therefore, gives you an idea of how much insurance you need if you must be safe always.

 

  • However, some of the things not covered by the liability auto insurance that you may wish to know include: any damage to your car, rented car coverage, your medical bills, lost bills as a result of the crash, and a hit and run coverage.

 

Notwithstanding, there are other insurance packages that you can take up to protect yourself, a couple of them are.

  • Collision coverage: No matter who is responsible for the crash, this coverage takes care of the damages.
  • Medical Payments (MedPay): This package handles a portion of your medical expenses.
  • Personal Injury Protection (PIP): Death benefits, lost salaries, as well as health charges are all covered here.
  • Comprehensive car insurance: For falling tree branches, vandalism, and other environmental hazards, this coverage keeps you covered.

 

  • Uninsured/Underinsured Motorist (UM/UIM): If you ever get hit by an uninsured or underinsured hit and run driver, you will be grateful you had this package.

 

With the uncertainty and unpredictability of every car trip, auto insurance remains the only dependable succor in times of adversity and confusion arising from a car mishap. That said, you are free to get one today.

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Tuesday, June 16, 2020

10 Ways to Celebrate DAD for Father’s Day — Even With COVID-19 Restrictions!

Father’s Day is just around the corner, it’s the perfect time to get creative & connect to those you look up to. This year will be a Father’s Day like few others. The COVID-19 pandemic may be easing for some areas, but life has not yet returned to normal. And while some traditions will not be possible — baseball games, concerts, a trip to the pool — we’ve put together a list of some things you still can do with Dad!

Enjoy your Father’s Day weekend!

1. Fire up the backyard grill 

There’s no greater way to get to a Dad’s heart than the word “barbeque”. Grab extravagant meats like a rack of ribs or wagyu beef burgers and have Dad go to town.

2. Create your own brew

Transform Dad into a beer connoisseur and help him create his own beer. Look up brewing kits on Amazon or see what materials you need and watch the bubbles pour!

3. Pamper Dad with an in-house spa day

Contrary to popular belief, Dads can also enjoy the relaxing benefits of a spa day. Grab some sheet masks from your nearest drug store or pamper Dad with an in-home massage.

4. Listen to old records

Dust off your record player and get ready to be transported back into time. This is a great bonding tool for Dad and the kids to show them the type of music he was into growing up.

5. Plant a family garden

Now more than ever, more families are thinking about growing their own food. See what it takes to plant as many vegetables and other produce you can grow in your own backyard.

6. Play old video games

Grab the old video games like Crash Bandicoot, Spyro the Dragon, or the Mario Brothers and have Dad teach the kids how to tackle challenging levels. It is sure to be a Father’s Day to remember!

7. Play mini-golf 

If Dad is a regular Tiger Woods, consider turning your backyard into a mini-golf course. Use bricks, cinderblocks, and 2x4s to create obstacles!

8. Cook something adventurous

If some of Dad’s role models include Anthony Bourdain and Gordan Ramsey, consider thinking outside the box and create a meal with something you wouldn’t usually go for like bison burgers or grilled octopus tentacles. Tackling a complex recipe may seem challenging but the memories and the meal will be worth it!

9. Gather loved ones on FaceTime

During this time of uncertainty, being with loved ones (even virtually) is important now more than ever. Privately message Dad’s family, friends, and loved ones, and surprise him with a Zoom meeting or FaceTime call.

10. Make your own BBQ spice rub 

Elevate Dad’s cooking by helping him create his very own signature BBQ spice rub. Find recipes on the Internet or be adventurous and make your own!

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Sunday, June 14, 2020

Will My Personal Injury Case Go to Trial?

Personal injury cases are one of the key cases that get disputed over more than others. These disputes arise when the defendant and/or their insurance providers try to downplay the extent of the victim’s injuries or wound; so that they can pay a little amount of money or nothing for medical expenses.

While some personal injury claims are settled fast as soon as the plaintiff’s attorney gets in contact with the defendant and their insurance provider, there are some that get unresolved due to irreconcilable financial agreement differences or other reasons.

And when the defendant and the plaintiff find it hard to resolve personal injury claims amicably, formal legal steps are taken and a formal personal injury lawsuit is then filed against the defendant.

When a personal injury lawsuit is filed and the complaints served to the defendants, this is where the ball is set rolling on the case.

What Happens After a Personal Injury Lawsuit is Served?

As a plaintiff, when you file your personal injury lawsuit and it gets to court, you and your attorney would be required to present documents and evidence that proves that indeed you were a victim of personal injury and that the defendant owes you for the damages (either health, property, or financial) incurred during or as a result of the accident.

When the evidence and documents are presented before a judge (there are times when you might have to bring in witnesses), two things are bound to happen.

It is either the defendant realizes or agrees to what the plaintiff is accusing him of. And when this happens, both attorneys (that of defendant and plaintiff) will decide to either settle (deciding the way forward between themselves) or mediate (inviting a third partner to help them decide where to go from there).

If this negotiation or mediation doesn’t work, the second side of the coin for you as a plaintiff is for your personal injury case to be sent to trial.

So, most times if both attorneys find common ground and can reach an amicable settlement before a personal injury lawsuit is filed, then there is no reason to proceed to formal legal processes. But if both parties can’t settle out of court amicably, then the next step is to file a lawsuit.

Even at the stage of the court proceedings, there is still a window for the attorneys to settle or mediate at the end of the discovery phase period.

But once both parties still can’t reach a consensus after the discovery phase period, then the next stage is taking the personal injury case to trial.

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Friday, June 12, 2020

Common Injuries From a Rear-Ended Car Accident

A Rear-ended car accident is the most common type of accident that is recorded worldwide, especially in a city with heavy traffic. Eight out of every ten car accidents happen to be a rear-ended collision, and the outcome is usually severe. It happens unexpectedly especially in a situation where there is heavy traffic. It happens when the car in front stops suddenly, the car coming behind doesn’t see it in time, and it runs into the front car with speed. This can cause extremely severe injuries or minor injuries if you are lucky. However, below are the various types of injuries that are commonly caused by a rear-ended collision.

Whiplash

Also known as a neck sprain, is the most common type of rear-ended injury. This occurs when your car is suddenly hit by another car from behind. With the force, your neck would be forced to move front and back quickly and it causes a sprain in your neck. This could also affect your shoulder because it has moved faster than usual.

 

Face and head injury

Another common rear-end injury is the face and head. With the force that comes from the collision, your head and face can forcefully hit the dashboard, steering, or window and this might cause severe damage. You can come out with a broken jaw, nose, or head, and sometimes the head injury might lead to severe brain injury which is more dangerous. Although, in this case, your airbag is supposed to protect you but sometimes the force of the airbag contributes to the injury.

 

Spinal cord injury

When you have a rear-end collision, it can affect your spinal cord by causing a bulge in your spinal cord. When the spinal cord is injured one might not be able to use their legs for a while or even a long time. The spinal cord injury affects both your hands and legs and the healing process might take a while.

 

Knee injury

Your whole body moves when you are involved in a rear-end collision and your knee can hit the lower part of your dashboard thereby causing either a light bruise or a complete dislocation.

 

Broken bones

Broken bones are also very common with rear-ended injuries. As a result of the force from the accident, your whole body moves and could hit hard on anything which causes your bones to get broken. Sometimes seatbelts also contribute to injuries in this kind of accident because with the force in which you moved, you can end up with bruises, broken bones, or even effects on your chest.

 

Drivers should be very careful while driving because most accidents that occur are rear-ended collision and this isn’t good for the society because it leaves the victims with injuries. Listed above are the various types of rear-ended injuries for the sake of those who are not aware. However, such injuries can be avoided if we can drive carefully and safely.

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Wednesday, June 10, 2020

Federal Jury Trials in McAllen Suspended Due to COVID-19

The disruption of life in Texas due to the COVID-19 coronavirus now includes the suspension of jury trials in federal court in McAllen, TX, until July 6 at the earliest. Given the pandemic, the court said delaying scheduled civil and criminal trials is in the best interests of the public.

The June 1 special order from the McAllen Division of the United States District Court for the Southern District of Texas delays all civil and criminal jury trials that were scheduled to start through July 3. Judges may reschedule trials at their discretion afterward.

The three federal judges signing the order cite the court’s reduced ability to obtain an adequate spectrum of jurors and the reduced availability of attorneys and court staff to be present in courtrooms due to public health risks.

The delays will not be counted toward a violation of defendants’ Constitutional right to a speedy trial. “The court finds that the ends of justice served by ordering these continuances outweigh the interest of the public and of each defendant in a speedy trial,” the order says. “Indeed, the best interests of the public are served by these continuances.”

Normally, the Speedy Trial Act of 1974 ensures defendants can have their cases brought before a jury within 70 days of an indictment being filed against them, barring certain exceptions that allow for the speedy trial clock to be paused.

The Federal Court’s order also gives judges discretion to postpone bench trials, in-person hearings, sentencing proceedings, scheduling conferences and other court proceedings.

The order does not affect other deadlines. Attorneys are to contact the relevant judge to discuss potential changes and are to file appropriate motions with the court.

Magistrate judges will continue to conduct initial appearances, arraignments, detention hearings, the issuance of warrants and referred civil matters. The order does not apply to Bankruptcy Court proceedings.

Court Responses to the COVID-19 Pandemic

In its coverage of how the coronavirus pandemic is affecting America’s political and civic life, Ballotpedia says, as of June 8, 34 states have suspended in-person proceedings statewide, and 16 states (including Texas) have suspended in-person proceedings on the local level.

The Texas Supreme Court issued an order April 27 allowing local courts to take steps to limit the spread of coronavirus through June 1. “Courts must not conduct in-person proceedings contrary to guidance issued by the Office of Court Administration regarding social distancing, maximum group size, and other restrictions and precautions,” the order says. “Courts should use all reasonable efforts to conduct proceedings remotely.”

Hidalgo County District Court in McAllen delayed all jury trials until further notice in an order filed March 24.

McAllen Municipal Court encourages anyone who has received a ticket to stay home and contact the court by email at mcallenmunicipalcourt@mcallen.net or by phone at (956) 681-2900 for payment instructions.

Court orders and updates pertaining to COVID-19 from the U.S. District Courts for the Texas Eastern, Northern, Southern and Western districts, as well as federal courts in other states and in Washington, D.C., are updated daily and can be found at this U.S. Courts directory of pandemic responses.

Will COVID-19 Affect My Personal Injury Claim?

If your personal injury claim was set to go to trial this spring, it has been indefinitely delayed. If it had yet to be scheduled for trial, there has been no further scheduling of trials since delays were issued in Texas earlier this year.

However, this does not mean work on your case is not progressing. If you have a case pending and are represented by Herrman & Herrman, do not hesitate to contact us if you have questions. Our law office began to observe Texas’ closure orders in mid-March but our attorneys have continued to work remotely on cases. Our attorneys are available to talk about your legal issues over the phone or via free video conferencing services, such as:

  • GoToMeeting
  • Facetime
  • Skype
  • Zoom.

Our staff and attorneys continue to monitor claim deadlines, negotiate with insurance companies and prepare lawsuits as necessary. An order issued by the Supreme Court allows all courts in Texas to extend the statute of limitations in any case for a stated period ending 30 days after the state of disaster declaration has been lifted. This means the statute of limitations should not be an issue on any lawsuits filed during or immediately after pandemic-related closures.

We have been able to contact most insurance companies by phone to review evidence and press for settlements of personal injury claims. As always, if we receive a settlement offer on your case, you will hear from your Herrman & Herrman attorney promptly to discuss it.

In the meantime, you should continue to obtain medical care as directed by your doctor. Failing to do so could allow the opposition in your case to argue that you are not as severely injured as you claim to be.

Most doctors in Texas are using video-conferencing technology, particularly for medical evaluations. Some medical practices continue to have patients come to their offices for hands-on treatment. They may require a face mask or give you one, and have you phone them from their parking lot to check in and then wait to be called in to the building.

A physical therapist who is not meeting with patients should be able to give you exercises to do at home to keep your recovery moving forward.

Please contact your doctor’s office for instructions if you have an appointment for scheduled care or treatment and do not already know their safety protocols.

Contact Our McAllen, TX, Personal Injury Lawyers

The COVID-19 coronavirus has not stopped Texans from living their lives, and Texas is starting to “re-open” as we head into summer.

The experienced McAllen personal injury attorneys of Herman & Herrman are here to assist new and existing clients. We care deeply about people in McAllen from all walks of life and work aggressively to obtain full compensation for those who have been injured through the fault of others. Contact us at (361) 882-4357 or online for legal assistance today.

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Most Common Causes of Trucking Accidents

Being in a car accident can be a very terrible and frustrating experience for anyone, and there are just a few things that could ever be more terrible than it. One of those things that could be worse than being in a car accident is being in a truck accident. This is because the situation is often messier, and the severity of damages is amplified when the accident involves a heavy 18 wheeler or truck. Of course, nobody wants to be in a truck accident situation, and it is only sensible that people make conscious efforts to avoid it. In avoiding trucking accidents on our roads, it is crucial to study some of its causes. We shall discuss them in this article.

Inadequate Driver Training

There are necessary training programs that drivers are supposed to undertake before they are allowed to drive vehicles, especially commercial cars, and more so, trucks. These training programs are meant to teach them some basic driving knowledge, as well as expose them to instructions that could be helpful in real road situations. Unfortunately, however, some drivers do not care to undergo these training programs before hitting the highway with a truck. What this means is that an amateur who does not have the necessary knowledge about driving a truck is now behind the wheels of a huge automobile. If faced with certain tough road situations, it will take a miracle for such drivers to avoid an accident.

Poor Maintenance of the Truck

Truck owners or drivers must ensure that their truck is in perfect condition before putting it on the road. This is in order to avoid a breakdown of essential parts or functions of the truck while driving. Sadly though, some drivers do not pay proper attention to the care and maintenance of their vehicles. This, too, can cause a major trucking accident on the road.

Substance Abuse and Reckless Driving

It is highly prohibited all around the world for drivers to be drunk or to be on any non-medical drug before or and when driving. This is because taking these substances before or while driving can impair the driver’s cognition, and ultimately cause him to drive recklessly on the road. But then, people have been caught time and again driving vehicles (even trucks) when they are drunk or high on non-medical drugs. This has also caused and is still causing a lot of trucking accidents on our roads today.

Trucking accidents are hazardous and lead to a lot of casualties anytime it happens. In this article, we have discussed some causes of these accidents on our roads today.

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Sunday, June 7, 2020

Will #COVID19 Delay My Personal Injury Claim?

When it comes to accessing personal injury claims, time is always a huge factor –when did it happen? When was it reported? When did the evidence show up? And so on. With everyone on quarantine and every law firm on lockdown due to the Covid-19 pandemic, it’s only natural to feel a little bit of concern. Nonetheless, since personal injury laws are essentially out to help people who have sustained an injury following the harmful conduct of others (whether intentional or out of negligence), there must be a way around it.

What then? If you have a pending compensation to claim or feel you deserve, here are the things to keep in mind as regards to the COVID outbreak and your personal injury claim.

When exactly did the incident happen?

The pandemic is sure changing the norms but some things will certainly remain the same afterward. One of those is the time the personal injury was sustained. A portion of the personal injury law allows for at least 3 years for the first case of personal injury to be reported. Therefore, you may want to keep that in mind. Is the case new? Have you been suffering from it for a long time? Have you filed an official report before the pandemic? You need to answer all these questions correctly.

Do you have documented evidence?

Again, Covid-19 won’t change this. If there is no evidence that the doctor’s faulted the medical law or that your neighbor’s dog truly attacked you, the path to justice maybe grey. I don’t think you want that so that gathering all proves as soon as you can. Whether the incidence is recent or occurred shortly before the quarantine began, you must document all the evidence that will help your case.

You will Need a Lawyer – So Get One

How soon you will process your compensation depends largely on your attorney. And with COVID in the air, you will need them now more than ever. And if you have one already or started the proceedings before the pandemic, then it will be in your best interest to frequently engage them this period (they just might have other 500+ personal injury cases) and also make sure you are asking all the right questions. While this might not be the best time to switch Lawyers, also keep the option open if you need to.

 

Personal injury suit always comes with lots of clauses unknown to the plaintiff at the beginning. Therefore it’s always advised that you leave no room for assumptions because how fast you will process your claim after the pandemic will depend largely on the steps you are taking now.

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Thursday, June 4, 2020

Construction reported on N. Loop 1604 West and NW Military Highway

SAN ANTONIO, TX – Construction has been  reported on North Loop 1604 West and Northwest Military Highway, according to the Sigalert San Antonio Traffic Report.

This is an ongoing story and we will provide updates whenever possible.

Disclaimer: The San Antonio uninsured motorist accident attorneys at Herrman and Herrman provide up-to-date accident information to help protect our community. We hope that this article will help you stay informed and keep yourself and your loved ones safe. This article is not intended to provide medical or legal advice. If you were hurt in a car accident with an uninsured driver and need legal counsel, contact Herrman and Herrman today.

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Construction reported on east Loop 1604 South between I-35 and FM 78

SAN ANTONIO, TX – Construction has been reported on east Loop 1604 South between I-35 and FM 78, according to the Sigalert San Antonio Traffic Report.

The construction project will expand this part of the roadway from a partial freeway to a full freeway. Included in the project will be access roads between Kitty Hawk and FM 1976, and an extended northbound access road between Kitty Hawk and Palisades.

Disclaimer: The San Antonio uninsured motorist accident attorneys at Herrman and Herrman provide up-to-date accident information to help protect our community. We hope that this article will help you stay informed and keep yourself and your loved ones safe. This article is not intended to provide medical or legal advice. If you were hurt in a car accident with an uninsured driver and need legal counsel, contact Herrman and Herrman today.

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Construction reported on I-10 east between Foster Rd. and Loop 1604

SAN ANTONIO, TX – Construction has been reported on I-10 east between Foster Road and Loop 1604, according to the Sigalert San Antonio Traffic Report.

The construction project will expand the highway from four lanes to six lanes, and will add auxiliary lanes between entrance and exit ramps. The project is expected to be completed in late 2022.

Disclaimer: The San Antonio uninsured motorist accident attorneys at Herrman and Herrman provide up-to-date accident information to help protect our community. We hope that this article will help you stay informed and keep yourself and your loved ones safe. This article is not intended to provide medical or legal advice. If you were hurt in a car accident with an uninsured driver and need legal counsel, contact Herrman and Herrman today.

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Man run over by car after bar fight

SAN ANTONIO, TX – According to FOXSanAntonio, a man was run over by a car after a bar fight broke out at Bentley’s Beer Garden early Thursday.

Police say a brawl broke out at Bentley’s Beer Garden on North Alamo Street and 8th Street around 2:30 a.m.

When police arrived, they found a man lying on the street, having been run over by a car. He had been hit after a large group of people fled the bar on foot and by car.

Someone had discharged a firearm inside the bar, but no one was hit.

The victim was transported to a nearby hospital with a broken leg.

Authorities are conducting an investigation of the incident.

Disclaimer: The pedestrian accident lawyers at Herrman and Herrman are dedicated to keeping you safe. We provide accident report information to help you stay informed and avoid an accident whenever possible. This article is not intended to provide medical or legal advice. If you were injured in a pedestrian accident and you need legal counsel, contact Herrman and Herrman today.

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Accident reported on Loop 1604 East at Hausman Road

SAN ANTONIO, TX – According to the Sigalert San Antonio Traffic Report, an accident has been reported on eastbound Loop 1604 at Hausman Road.

Traffic has been backed up to Braun Road. Stop-and-go traffic conditions have been reported, with expected delays of up to ten minutes.

This is an ongoing story and we will provide updates whenever possible.

 
Disclaimer: The San Antonio uninsured motorist accident attorneys at Herrman and Herrman provide up-to-date accident information to help protect our community. We hope that this article will help you stay informed and keep yourself and your loved ones safe. This article is not intended to provide medical or legal advice. If you were hurt in a car accident with an uninsured driver and need legal counsel, contact Herrman and Herrman today.

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Woman hospitalized after being struck by hit-and-run driver

SAN ANTONIO, TX – According to KSAT, a woman was hospitalized after being struck by a hit-and-run driver Wednesday night.

Authorities say the accident occurred on North Zarzamora Street near West Commerce Street around 10:00 p.m.

According to police, a woman was walking east to west across North Zarzamora, against traffic and not in a crosswalk, when she was hit by a white sedan traveling southbound.

Investigators say the sedan stopped momentarily before leaving the scene.

The woman was taken to University Hospital with non-life-threatening injuries. She did not possess any identification at the time of the crash.

If found, the driver of the sedan may face a charge of failure to stop and render aid.

Disclaimer: The pedestrian accident lawyers at Herrman and Herrman are dedicated to keeping you safe. We provide accident report information to help you stay informed and avoid an accident whenever possible. This article is not intended to provide medical or legal advice. If you were injured in a pedestrian accident and you need legal counsel, contact Herrman and Herrman today.

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Keeping Up With Booster Seat Laws in TX

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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Wednesday, June 3, 2020

Construction reported at Loop 1604 West at Green Mountain Road

SAN ANTONIO, TX – Construction has been reported on westbound Loop 1604 at Green Mountain Road, according to the Sigalert San Antonio Traffic Report.

Traffic is backed up to Lookout Road.

Stop-and-go traffic conditions have been reported, with expected delays of five minutes.

Disclaimer: The San Antonio uninsured motorist accident attorneys at Herrman and Herrman provide up-to-date accident information to help protect our community. We hope that this article will help you stay informed and keep yourself and your loved ones safe. This article is not intended to provide medical or legal advice. If you were hurt in a car accident with an uninsured driver and need legal counsel, contact Herrman and Herrman today.

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Trailer catches fire on South Padre Island Drive

CORPUS CHRISTI, TX – According to KRIS, a trailer caught on fire on South Padre Island Drive Friday afternoon.

Corpus Christi police said they received a call about a fire on TX-358 by Paul Jones Avenue around 2:00 p.m. They say a trailer carrying plywood and other materials caught on fire.

Officers blocked off the Flour Bluff on-ramp and the right-hand of the highway as crews worked to extinguish the flames.

No injuries have been reported. Information about what caused the fire has not been released.

This is a series of articles presented by Hammack Law Firm as a way to keep our community informed about traffic events and news. Blog posts should not be taken as legal advice. However, if you or someone you know has been involved in a similar accident, contact the South Carolina truck accident injury lawyers at Hammack Law Firm today for a consultation. You may be able to receive compensation for your medical bills, lost wages, and other expenses.

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Pilot suffers injuries after plane crashes in Sandia

CORPUS CHRISTI, TX – According to KIII, a pilot was injured after his plane crashed in Sandia on Wednesday.

The crash happened in the FM 70 and FM 1540 area just outside of Sandia on Wednesday, according to authorities.

Constable Velasquez said the pilot of the plane suffered minor injuries in the crash.

More details are not available at this time. This is an ongoing story and we will provide updates whenever possible.

Disclaimer: The Corpus Christi personal injury attorneys at Herrman and Herrman provide up-to-date accident information to help protect our community. We hope that this article will help you stay informed and keep yourself and your loved ones safe. This article is not intended to provide medical or legal advice. If you were hurt in a car accident and need legal counsel, contact Herrman and Herrman today.

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Reporters injured after being hit by projectiles fired by police during protests

SAN ANTONIO, TX – According to FOXSanAntonio, at least two reporters were injured after police fired projectiles, including wooden and rubber bullets, into crowds of peaceful protesters Tuesday night.

Both reporters were in downtown San Antonio covering the protests when the incidents occurred.

Reporter Lena Blietz said the crowd was engaging in peaceful protest, with some participants kneeling in front of police, when the officers began firing into the crowd. Blietz also claimed police were using pepper spray and tear gas on the protesters.

Blietz was injured and tweeted about the incident:

 

She responded to a tweet that claimed glass bottles were being thrown at police by saying, “WHAT GLASS BOTTLES?!?!?!?!? It’s entirely possible that this happened and I didn’t see it… but it sure felt like the shooting came out of nowhere.”

Disclaimer: The San Antonio workplace personal injury attorneys at Herrman and Herrman provide up-to-date accident information to help protect our community. We hope that this article will help you stay informed and keep yourself and your loved ones safe. This article is not intended to provide medical or legal advice. If you were hurt in a car accident and need legal counsel, contact Herrman and Herrman today.

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Authorities seek suspect in fatal San Marcos hit-and-run

SAN MARCOS, TX – According to KENS5, authorities are seeking a suspect in a hit-and-run accident that killed a pedestrian Monday night.

A spokesperson with the San Marcos Police Department said the accident occurred in the 1600 block of Post Road around 10:00 p.m. Dwight Thomas, 42, was believed to have been walking in the bicycle lane or on the sidewalk when he was struck by a vehicle.

Thomas was transported to a nearby hospital, where he succumbed to his injuries.

Authorities believe the car that fatally hit Thomas was a maroon 2002-2005 Ford Explorer, possibly the Sport Trac model. The vehicle is believed to be missing the front-right-side turn-signal housing, and the front right headlight may broken.

 


Disclaimer: The pedestrian accident lawyers at Herrman and Herrman are dedicated to keeping you safe. We provide accident report information to help you stay informed and avoid an accident whenever possible. This article is not intended to provide medical or legal advice. If you were injured in a pedestrian accident and you need legal counsel, contact Herrman and Herrman today.

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Monday, June 1, 2020

Some Safe Driving Tips as Brownsville Economy Reopens

As Brownsville and South Texas reopen from the COVID-19 coronavirus lockdown, you might wonder how much you should be driving and whether being in a car has changed in light of the virus.

For starters, you can expect higher gas prices. The slump in oil prices during the coronavirus lockdown was primarily due to lack of demand as people stayed home. As a CNBC report says, “Investors are looking at the reopening of the economy in the U.S., Europe and elsewhere as signals that drivers will have to fuel up.”

Higher demand means more people on the road and more traffic, which inevitably leads to more car accidents around Brownsville and Cameron County. Most car accidents are caused by a driver making a mistake caused by negligence or reckless driving, which can be avoided. Below are some reminders from the Brownsville personal injury lawyers of Herrman & Herrman, P.L.L.C. to keep in mind as we get back in our cars and back to our lives.

It May Still Pay to ‘Social Distance’ When Driving in Texas

Restrictions that required a mandatory 14-day quarantine for travelers entering Texas on roadways from Louisiana, as well as all air travel restrictions related to the COVID-19 pandemic have been terminated as of May 21. People from around the country were already taking refuge in Texas to avoid COVID-19 hotspots, according to KHOU TV in Houston. As we open up, we’re sure to attract more.

This may put some Texans in mind to stick with staying at home unless a trip in the car is essential. For those who venture out, Car & Driver suggested in the early days of the pandemic shutdown that you not offer rides to people who have not spent the shutdown with you. If you know someone who needs something, you could offer to pick it up for them.

If someone really needs your help, only transport one passenger at a time and have them keep their distance by sitting in the back seat, Dr. Avisheh Forouzesh, an infectious-disease specialist, suggested to Business Insider. Driver and passenger should be wearing cloth face masks.

When driving, open the windows or use the air conditioning system to keep the air circulating and moving airborne particles that may contain COVID-19 out of your vehicle’s passenger compartment.

Maintain social distancing, stay close to home and keep your car clean, Car & Driver suggested. The simplest way to attack COVID-19 on your car’s interior surfaces is with soap and water, such as most dish soaps, which use only mild detergents.

Summer Vacation Road Trips in the Age of COVID-19

The Centers for Disease Control and Prevention (CDC) says travel increases your chances of getting and spreading COVID-19. Before you travel, learn whether coronavirus is spreading in any of the places you are going. Traveling to visit family may be especially dangerous if you or your loved ones are more likely to get very ill from COVID-19, the CDC says. People at higher risk for severe illness need to take extra precautions.

Planning is key for staying safe and lowering your risk of contracting coronavirus if you have plans for a long driving trip. The AARP offers several safety tips for traveling by car as we look ahead to the Summer of 2020.

  • Plan your route, even if you think you know it well. Many local jurisdictions have made changes since the lockdown began. For example, you may find rest areas closed or no longer offering food for sale. The Federal Highway Administration’s directory of state transportation department websites should have the latest information about state-specific coronavirus-related changes.
  • Pack a cooler. Even as restaurants are allowed to open, many may not, whether for safety reasons or because they have gone out of business. Especially if your route takes you through rural areas and small towns, you could find it harder to stop for a meal anytime you want to.
  • Clean up on vacation. There’s increasing evidence that COVID-19 doesn’t live long on surfaces, but there are plenty of other germs and diseases about, so it can only help to be careful. Pack hand sanitizer, disinfecting wet wipes, disposable gloves, sealable disposable plastic bags and tissues to protect yourself. Pay for gas with cards, not cash to eliminate face-to-face interaction. Debit and credit cards can be cleaned with a disinfectant wipe after use.

The AARP also suggests using your own sanitizing supplies to clean high-touch surfaces if you stay in a hotel or motel. These include exterior and interior doorknobs and handles; the TV remote and bathroom fixtures; and any surfaces you’ll rest your belongings on, such as tabletops or bathroom counters.

For tips on cleaning travel lodgings, car surfaces, nonporous surfaces, electronics, clothing, or even your hands, see the CDC’s guidance on how to clean and disinfect.

Safe Driving Tips That Fit All Driving Conditions

Even if one day the coronavirus is in our rearview mirrors and beginning to fade from sight, there are tried and true driving tips that will help to make Texas highways safer if we remember to follow them:

  • Obey all speed limits and directional/informational signs.
  • Be attentive and drive responsibly.
  • Never drive under the influence of alcohol or drugs.
  • Always wear your seatbelts.
  • Don’t talk on a cell phone while driving. Distracted driving increases your chance of a collision by nearly 400%. If you must use the phone, pull over to a safe, well-lit parking lot and complete your call there. (See also, distracted driving laws in Texas.)
  • Always use your turn signals.
  • Always come to a full stop at stop signs.
  • Before pulling away from a stop sign or when a light turns green, always turn your head to look left, then right, straight ahead, then left again before proceeding. Make a point of looking at each vehicle in case someone is about to run the light / sign.
  • Keep at least a four seconds worth of space between your vehicle and others. When the car in front of you passes a stationary object, slowly count to yourself. If you pass the object before the allotted time, back off. When traveling at night or in hazardous conditions, such as inclement weather, double the time to eight seconds.

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