Injured at Work, What To Do If You Get Fired

If you’ve suffered an injury at work, you might be forced to deal with medical treatment for your injury while also experiencing a loss of income if you must miss work to recover. Fortunately, employees who are injured on the job in Texas have certain rights under state law to pursue compensation to cover their injuries and losses.

However, sometimes, injured workers who file a workers’ claim for benefits find themselves terminated by their employer. An employer is not allowed to fire an injured worker to avoid paying a workers’ compensation claim.  If your employer fired you after you were injured at work, you need to understand your legal rights and options.

Turn to the attorneys of Herrman & Herrman to discuss your legal options during a free consultation. Our attorneys are skilled in workplace injury law and will fight on your behalf if you have suffered a work-related injury. With more than 100 years of combined experience, our lawyers have successfully obtained compensation and justice for thousands of clients. We aggressively pursue the best possible outcomes for you and work to obtain justice for you.

Contact our firm today for a free initial case evaluation to learn about your legal options. Our friendly and compassionate legal team is ready to help.

Injured at Work Then Fired, What to Do Next?

If you are injured in a workplace accident, your employer may immediately terminate you. Or, your employer may fire you in retaliation after you file a work injury claim against your employer. In either case, your termination after being injured at work may constitute wrongful termination under Texas law.

Texas is an at-will work state and employers can dismiss workers without cause. But there are a few exceptions.

An employer may not fire a worker:

• To avoid liability for a work injury claim.
• As retaliation for an employee filing a work injury claim.
• If an employee seeks legal advice from an attorney regarding their rights after suffering a work injury.

However, employers may be entitled to terminate an injured worker if:

• The worker violated company safety policies prior to being injured.
• The worker fails to comply with company policies following their injury.
• The worker fails to notify the employer of a change in their health or ability to work.

An employer is not required to hold a position open for a worker whose injury prevents him or her from performing the duties of the role. If the worker is expected to remain unable to perform their full duties for an extended period, an employer is permitted to let that employee go to replace them with an able-bodied worker able to perform the job.

What Are My Rights?

When you are injured at work, you need to know your legal rights with respect to your employment and your ability to seek treatment and obtain compensation for your injury. These rights include:

• The right to seek medical treatment for your work injury
• The right to not be forced to return to work until you are released to restricted duty or full duty by your treating physician
• The right to return to your job if you are released to work by your treating physician
• The right to file a workers’ compensation claim if your employer carries workers’ compensation insurance, or to file a workplace injury lawsuit against your employer if they don’t have workers’ comp insurance
• The right to seek and have legal counsel
• The right to refuse offers or incentives from your employer to avoid filing a work injury claim
• The right to be free from harassment by your employer due to your injury

If your work injury was caused by someone other than your employer—for example, if you were hit by a negligent driver when driving for work-related reasons—you also have the right to file a personal injury claim against those responsible for your work injury. Through a personal injury claim, you may seek to recover compensation for losses such as pain and suffering that is not covered by workers’ compensation insurance.

Can I Sue My Employer?

Your right to file a workplace injury lawsuit against your employer in Texas depends on whether your employer has purchased workers’ compensation insurance. Texas does not require private employers to provide workers’ compensation insurance coverage.

Employers must inform their employees whether or not the employer has workers’ compensation coverage.

If you work for an employer that provides workers’ compensation benefits to injured employees, you generally cannot sue your employer for a work injury. Instead, you are limited to filing a claim against your employer’s workers’ compensation insurance. Workers’ compensation is considered “no-fault” insurance. You only need to prove that your injury occurred while performing your job. You do not need to prove that your employer somehow caused your injury.

An injured worker may only step outside the workers’ compensation system under limited circumstances, such as if the employer’s intentional conduct caused the worker’s injury.

If the employer does not have workers’ compensation insurance, then an injured employee may choose to file an injury lawsuit against the employer whose disregard for safety caused a workplace injury. If you file a workplace injury lawsuit, you will need to prove your employer’s legal liability for your injury by establishing negligence or willful conduct.

In a work injury lawsuit, you may seek to recover the full amount of your medical bills, lost wages, and lost future earnings, in addition to intangible losses arising from your injury, such as pain and suffering and loss of quality of life.

Am I Protected If I’m an Undocumented Immigrant?

Even if you are an undocumented immigrant, you still have rights if you are injured at work. Regardless of your immigration status, you have a right to file a workers’ compensation claim if your employer has insurance coverage or to file a personal injury lawsuit against your employer if workers’ comp coverage is unavailable.

If you pursue a work injury claim against your employer, your immigration status should not become an issue in the case. If your employer attempts to retaliate against you for filing a workplace injury claim by reporting you to federal immigration officials, you may be protected from immigration proceedings during your workplace injury claim.

An undocumented worker who is fired after suffering a work injury may still have a right to pursue a workers’ compensation claim or workplace personal injury claim and seek the compensation due to them under the law. But you will need the guidance of an experienced attorney to have the best chance of winning your case.

Contact a Work Injury Lawyer Today

Contact Herrman & Herrman today or give our firm a call at (361) 882-4357 to speak to one of our knowledgeable workplace injury attorneys. We’ll explain your options for seeking the compensation you need to move forward with your life. We have four convenient office locations across the state of Texas in Corpus Christi, McAllen, San Antonio, and Brownsville, along with a bilingual Spanish– and English-speaking staff to serve you.

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Texas Ranks 3rd on Worst Drivers of America List

Texas ranks No. 3 on a list of the 10 U.S. states with the worst drivers based on the number of fatal car accidents and traffic law violations in five categories. Drunk driving is the most frequent traffic violation for Texas, with 46 percent of all traffic deaths in Texas in 2018 involving a driver who had been drinking.

“These 10 states with the worst drivers have serious issues, including drunk driving and pedestrian deaths,” says the survey report by Car Insurance Comparison, which calls itself an objective, third-party resource for everything auto-insurance related.

Texas had been No. 5 on the 2019 worst drivers list. It’s No. 3 ranking for 2020 is a tie with Montana. Alaska is No. 1 and New Mexico is No. 2 for 2020.

In addition to drunk driving fatalities, 990 of the 3,642 traffic deaths in Texas in 2018 involved speeding, the report says. This amounted to 27.2 percent of all traffic deaths.

The worst state, Alaska, had 80 traffic deaths in 2018, of which 97.5 percent involved drunk driving and speeding, the study says.

How States with the ‘Worst Drivers’ were Ranked

Car Insurance Comparison says its statistics come from the National Highway Traffic Safety Administration (NHTSA) and the Insurance Information Institute (III). Researchers gathered data on each state in five categories:

• Death (fatal accident) rate
• Failure to obey
• Careless driving
• Drunk driving
• Speeding

In the five main categories, Texas ranked as follows:

• Death rate – 17th
• Failure to obey – 8th
• Careless driving – 12th
• Drunk driving – 3rd
• Speeding – 12th

Each category was made up of smaller categories, such as pedestrian deaths and bicyclist deaths in the careless driving category. Statistics about numerous subcategories were compiled, which led to a sub-ranking. The overall ranking for each state was compiled in a similar manner from category rankings and weighted. (Read more about the study methodology.)

Drunk Driving in Texas

The NHTSA’s 2018 report about drunk driving says Texas had the most alcohol-impaired driving fatalities of any state, meaning that at least one driver in each crash had a blood-alcohol concentration (BAC) of .08% or higher.

At least one driver was drinking in 1,677 fatal accidents in Texas in 2018 – 46% of all 3,642 traffic fatalities recorded. In 974 fatal accidents in Texas in 2018, at least one driver registered a .15% BAC or higher.

A 2019 study by USDrugTestCenters.com found that from 2009 to 2018, the number of drunk driving arrests in Texas dropped by nearly 33 percent and that the number of drunk driving arrests had declined overall in the U.S. over the previous five years.

Just over 1 million people in the U.S. were arrested for driving under the influence in 2018, accounting for nearly 1 in 10 of the total arrests made across the country that year, the report says. Arrests for drunk driving and for driving under the influence of any substance are more common than arrests for aggravated assault, burglary, auto theft or fraud.

Under Texas law, a driver is legally intoxicated when his or her blood-alcohol concentration reaches .08 percent. But it is illegal to drive if drugs or alcohol affect driving ability at any level. A study by Texas A&M University’s Center for Alcohol and Drug Education Studies says that even one or two beers can seriously affect judgment and driving decisions.

For a first DWI arrest in Texas you could face:

• A fine of up to $2,000.
• Up to 180 days in jail upon conviction with three mandatory days.
• Loss of driver license up to a year.

A second DWI offense in Texas is punishable by:

• A fine of up to $4,000.
• One month to a year in jail upon conviction.
• Loss of driver license up to two years.

A third DWI offense in Texas is punishable by:

• A fine of up to $10,000.
• Two to 10 years in prison.
• Loss of driver license up to two years.

These fines do not include an additional fine of $3,000, $4,500, or $6,000 the State of Texas assesses upon sentencing.

What are My Options if I Was Injured by a Drunk Driver?

In Texas, if you are involved in a car accident caused by another driver, the law allows you to seek compensation for your injuries and losses, including property damage. This a civil matter separate from any criminal prosecution of drunk driving charges. Payment generally comes from the at-fault driver’s auto liability insurance.

After a car accident that causes personal injury, you should promptly phone 911 to report the accident to police and to summon emergency medical responders, if needed. You should report the accident to your car insurance provider, which will contact the other driver’s insurer if the other party is believed to be at fault.

How insurers will respond to your claim may depend on the circumstances of your accident and the extent of your injuries and other losses. As your expenses and losses increase, the likelihood of a full insurance payment decreases. In many cases, an insurer will offer a settlement that is for much less than your actual losses or will deny the claim altogether.

The best way to ensure that an insurance company does not take advantage of you after you have been seriously injured in a drunk diving accident is to speak to a local car accident lawyer as soon as possible. A drunk driving accident lawyer at Herrman & Herrman, P.L.L.C. can investigate to determine who was at fault for the accident and calculate all of your legally payable costs and losses. An experienced drunk driving accident lawyer can submit a claim for you and negotiate for an appropriate payment and file a lawsuit and press your case in court.

Contact Our Drunk Driving Accident Lawyers

The lawyers of Herrman & Herrman, P.L.L.C. can help you obtain justice after you have been injured in a drunk driving accident in South Texas. We have represented thousands of clients with serious injuries and have a track record of success.

Contact us today at (361) 882-4357 or fill out our online contact form. We have offices in Corpus Christi, Brownsville, McAllen and San Antonio, TX.

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Driving Without a Seat Belt: Can I be Compensated?

Texas law requires drivers and passengers to wear seat belts, but not everyone follows the law. Data from the Texas Department of Transportation show that 924 people who were not wearing seat belts died in car accidents in 2019. Not wearing a seat belt often results in more severe injuries or fatal injuries in an accident.

You should obey the law and wear a seat belt when riding in a motor vehicle. But if you were injured in a crash while not wearing a seat belt, you may still be eligible for claim compensation for your injuries if the accident was caused by another driver. The McAllen, TX car accident lawyers at Herrman & Herrman can review the details of your accident and help you pursue compensation from the at-fault motorist accountable.

Our personal injury attorneys have more than 100 years of combined legal experience, and we’ve helped our clients recover millions of dollars. Get a free consultation today by filling out our contact form or calling our office in McAllen to speak with a member of our team.

Receiving Compensation After a Car Crash Without a Seat Belt in McAllen

Personal injury claims are based on the legal theory of negligence. The at-fault driver is financially liable because he or she acted carelessly or negligently and caused the crash. Your decision not to wear a seat belt most likely did not contribute to causing the crash.

For example, suppose that you’re hit by a drunk driver who ran a red light while you were crossing legally through the intersection. You were following all the rules of the road except for wearing your seat belt. The impaired driver caused your injuries by driving while impaired and failing to obey a stop light. You would not have suffered injuries except for the drunk driver’s negligent actions. Therefore, you should be allowed to seek compensation from the drunk driver, even though you were not wearing your seatbelt.

In cases where someone is injured in a car accident while not wearing a seatbelt, the lawyers for the insurance company will often try to justify the insurer’s denial of the injury claim by citing the so-called “seat belt defense.”

This argument implies that you were injured because you weren’t wearing your seatbelt or that your injuries were more severe because you weren’t properly restrained. This underscores the importance of having an experienced McAllen personal injury attorney advocating for your interests after a crash caused by another motorist.

With the help of an experienced car accident lawyer, you may seek compensation even if you weren’t wearing a seatbelt. Your attorney will work to build a strong case on your behalf. Our attorneys at Herrman & Herrman will work to demonstrate how the other party’s negligence caused the collision and that your injuries resulted from the negligent driver’s actions. While the fact that you weren’t wearing a seatbelt could reduce your final award depending on what percentage of fault is assigned to you, you may still be entitled to significant compensation to help rebuild your life.

Texas Seat Belt Laws

Texas law requires all drivers and passengers to use a seat belt or other restraining device whenever they’re seated in a vehicle. For adult drivers, the belt’s shoulder strap should go over the shoulder and across the center of the chest. The lap portion of the belt should fit snugly across the hips, not rest over the stomach. Failing to wear a seat belt when required to do so is a misdemeanor offense.

Texas’ seat belt laws include specific provisions for younger passengers. If a young child cannot use a standard seat belt, the child must ride in an appropriate booster seat or another restraint. The rules for younger passengers are:

• Birth to age 2: Infants and toddlers must use a rear-facing child seat until they are two years old or reach the highest height or weight allowed by the car seat manufacturer.
• Age 2 to 4: Children from age 2 to 4, or those who have outgrown a rear-facing seat, should use a forward-facing safety seat with a harness. They should continue to use the seat with a harness until they reach the weight or height limit set by the safety seat manufacturer.
• Age 4 to 8: Any children ages 4 to 8 who have reached the weight or height limit for a forward-facing car seat should use a belt-positioning booster seat to keep safe while in a vehicle. They should use a belt-positioning system until they can comfortably use a standard vehicle safety belt. This typically occurs when a child reaches 4 feet, 9 inches in height, and is between 8 to 12 years old.

Texas Comparative Negligence

The most significant way that not wearing a seat belt can affect your personal injury claim has to do with Texas’ comparative negligence laws. The laws are used to help determine what compensation someone receives in a personal injury claim if there are potentially multiple liable parties.

Under the comparative negligence system used in Texas, compensation in a personal injury claim is awarded based on the percentage of fault assigned to each party involved in the claim. In Texas, plaintiffs in personal injury cases are not entitled to compensation if they are found to be more than 50 percent responsible for their injuries.

By citing the seat belt defense, an insurance company may try to avoid financial liability by arguing that you were partially or fully responsible for your own injuries. That’s why it is crucial to hire an experienced injury lawyer to push back against insurance company tactics and build a strong case on your behalf for full compensation.

Contact a McAllen, TX Car Accident Lawyer

If you were injured in an accident but weren’t wearing your seatbelt at the time of the crash, don’t despair. Contact the McAllen, TX car accident lawyers at Herrman & Herrman to discuss your situation with a knowledgeable member of our legal team. We’ll provide a 100% free consultation to evaluate your case and determine the best course of action. Contact us today by calling our office or visiting our contact page.

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Burn Injury at Work: Am I Entitled to a Compensation?

You work hard every day at your job. But accidents happen even when you’re careful, and you could end up with a burn injury at work. You could be facing time away from your job and long-term health challenges. The costs of an accident can add up fast, leaving you with bills and questions about the future.

If you sustain a burn injury at work in Texas, you may be able to receive paid medical care for your burn injuries through your employer’s workers’ compensation insurance. If your employer has workers’ compensation insurance, then the workers’ compensation may cover your medical care and replace a portion of your lost wages while you cannot work. If the employer does not have workers’ compensation insurance, then you may have a right to pursue a personal injury lawsuit against the employer or whoever caused your injuries.

The experienced Brownsville burn injury attorneys at Herrman & Herrman, P.L.L.C., advocate for the rights of injured workers. We have an in-depth knowledge of the laws related to work injuries. We can help you pursue the financial recovery you deserve. Contact us today to learn about your legal options.

What Damages Can I Recover?

Suffering a serious burn injury can take away your ability to work and earn the income you need. A serious burn injury may involve treatment in a specialized burn hospital, multiple surgeries to address scarring, and a lengthy recovery.

If your employer has workers’ compensation insurance, it should cover your burn injury treatment. Workers’ compensation insurance is a type of no-fault insurance. That means that you do not have to prove that anyone was at fault in order to receive the insurance benefits. Even if you caused a workplace accident, you may still be eligible for workers’ comp benefits.

Unfortunately, some businesses misclassify employees as independent contractors in order to avoid paying proper benefits to them. If your employer disputes your right to receive workers’ compensation benefits, let an experienced Brownsville work injury attorney review the situation and help you understand your legal rights during a free consultation.

If you have significant burn injuries and workers’ compensation is unavailable or you do not qualify for benefits, then you may need to consider filing a burn injury lawsuit if someone else caused the accident. The types of damages you may be able to recover from a burn injury lawsuit include:

• Medical costs. A burn injury could mean extended stays in hospitals, surgeries, medications, therapy, and other costly medical services. By filing an injury claim, you may seek to recover the costs of the medical care after an accident and the future costs of taking care of your burn injury if ongoing treatment is needed.
• Lost wages and lost income. Serious burn injuries can leave you unable to work and deprive you of the income needed to support your family. Through a burn injury claim, you can seek compensation for the wages you have lost due to an injury.
• Diminished earning capacity. Some burn injuries can limit your ability to work in the future or restrict the types of work you can do. You may have reduced income. You may seek compensation for reduced earning capacity through a burn injury lawsuit.
• Pain and suffering. Burn injuries can be very painful both physically and mentally. Through a burn injury claim, you can seek compensation for your pain and anguish after a burn injury at work.
• Punitive damages. In special circumstances, accident victims may seek punitive damages to punish a wrongdoer such as when someone’s fraud, malice, or gross negligence led to a burn injury.

After a burn injury at work, many types of compensation may be available. Contact Herrman & Herrman, a Brownsville burn injury law firm. Our attorneys will help you understand your options for seeking compensation to rebuild your life after a serious injury.

Common Causes of Burn Injuries at Work

Burn injuries can happen at almost any type of job. Some of the most common causes of burn injuries at work include:

• Equipment that generates high temperatures
• Wiring and electrical problems
• Steam and high-temperature liquids
• Hot grease
• Exposure to dangerous chemicals
• Situations and equipment that can cause friction burns
• Lights and medical equipment that can cause radiation burns

Average Compensation for a Burn Injury

When you’re injured, you may be wondering how much compensation you may be able to seek. The answer is that it depends upon the facts and circumstances of the accident and the severity of your injuries.

A burn accident lawyer can review your case, answer your questions, and help you understand what compensation you may be able to seek.

Workers’ Comp Claim

If workers’ compensation insurance is available, filing a workers’ comp claim may be your best option. You may not have a right to sue your employer if the employer offers workers compensation benefits.

Compensation for non-economic losses, such as pain and suffering, is not covered through workers’ compensation benefits. However, if workers’ comp applies in your case, you may be eligible for benefits no matter who was at fault for the accident that injured you, as mentioned earlier. There are clear steps in filing a workers’ comp claim. A workers’ compensation lawyer can help you file a claim.

Wrongful Death Claim

The sad truth is that people can die because of burn injuries at work. If your loved one died as a result of workplace burn injuries, you may be entitled to death benefits through workers’ compensation or in some cases, you may have a right to pursue a wrongful death claim against those responsible for the fatal accident.

A compassionate attorney at Herrman & Herrman can help you understand the proper steps to take after the accidental death of a loved one.

Contact a Brownsville Burn Injury Lawyer Today

 If you or someone you love has suffered a burn injury at work, get in touch with Herrman & Herrman, P.L.L.C., today. With more than 100 years of combined experience, our burn injury attorneys have the knowledge, resources, and experience to help you pursue full compensation.

Our burn injury lawyers serve Texas from office locations in Corpus Christi, McAllen, San Antonio, and Brownsville. Our talented Accident Investigative Team can even come to the scene immediately after an accident. With a staff that speaks Spanish and English, we’re ready to talk with you.

For a free consultation about your case and how we could help, call us at (361) 882-4357 or reach out to us online now.

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Driverless Car Accident in Texas: Who is Liable?

With driver error accounting for a significant portion of motor vehicle accidents in Texas and across the country, auto manufacturers have been working to develop driverless cars, which will transport passengers without any need for human control to guide the vehicle. The thinking goes that removing the element of human error will reduce the number of injuries and deaths from vehicle accidents.

Many newer vehicles on the roads of Texas today have some level of driver assistance. As vehicle manufacturers test new autonomous driving systems, the state of Texas has become notable for having some of the least restrictions on driverless vehicles. Since driverless car technology is still developing, the vehicles do get into accidents on the roads of Texas, potentially causing injury and deaths. The recent crash of a driverless Tesla left two passengers dead. The question is who should be held financially liable when a driverless car causes a crash.

If you’ve been injured by an accident caused by a driverless car or truck, you need an experienced, attorney to help you resolve the complex legal questions in an accident claim involving a driverless vehicle. Turn to the Texas car accident attorneys of Herrman & Herrman, P.L.L.C., for help.

With more than 100 years of combined legal experience, our legal team has the capability to handle complicated personal injury claims. Our attorneys have successfully handled more than 20,000 cases on behalf of our clients. We’re honored by the numerous reviews our clients have left for us on Google, Facebook, and other social media platforms.

Our firm is dedicated to helping you get justice from those at fault for the driverless car accident that injured you. Call Herrman & Herrman, P.L.L.C., today at (361) 882-4357 or contact us online for a free case evaluation. Learn more about how our firm can help you hold other parties liable after you’ve been injured in a driverless car accident in Texas.

News About Accidents Involving Driverless Cars

Driverless and self-driving cars have been responsible for causing injury and death to residents of Texas. In April 2021, a 2019 Tesla Model S was involved in a single-vehicle accident in The Woodlands, a suburb of Houston. The Tesla veered off the road after taking a turn at too high a speed, colliding into a tree and bursting into flames. After putting out the fire, police found that neither of the two deceased occupants was driving the vehicle. One occupant was seated in the front passenger seat and the other was sitting in the rear seat.

Auto manufacturer Tesla has been one of the pioneers in the development of self-driving vehicles. The manufacturer includes a suite of technology in its vehicles that it has marketed as “Autopilot.” Tesla has come under criticism by safety advocates who claim that the self-driving technology in Tesla vehicles has not been sufficiently tested for use on public roads and that the company misleads consumers as to the capability of Tesla vehicles’ self-driving technology.

Although Autopilot allows Tesla vehicles to accelerate, brake, and steer on their own in certain circumstances, the feature requires drivers to maintain supervision of the vehicle and the road so that they can intervene and take manual control of the vehicle when necessary. But as drivers have become more comfortable with the technology, they have become less attentive to the task of driving while behind the wheel.

Tesla CEO Elon Musk announced that data from the recent accident outside of Houston indicated that the vehicle involved did not have the most advanced driver assistance features offered by the company and that the vehicle’s Autopilot function did not appear to have been engaged at the time of the crash.

How Do Driverless Cars Work?

A driverless car uses various sensors attached to the vehicle, such as cameras, ultrasound, and radar or lidar to guide the vehicle. The steering systems allow vehicles to create a map of their surroundings, monitoring nearby vehicles and pedestrians, traffic signals, lane markings, and road signs. The vehicle’s computer processes the input from the sensors to plot the car’s movement. Driverless cars are usually programmed with object recognition, predictive modeling, and hard rules to help the vehicle follow traffic laws and navigate obstacles on the road.

Driverless vehicle technology is categorized according to the level of automation the system provides. The Society of Automotive Engineers defines six levels of driving automation, ranging from Level 0, or full manual driver control, to Level 5, or fully autonomous control. Levels 0 through 2 require a human to monitor the driving environment, while systems in Levels 3 through 5 take over monitoring the environment.

Some vehicles manufactured today have Level 3 automation, or conditional automation where the system can only be used under certain circumstances, or Level 4 automation where the system can be used in a much wider set of circumstances. However, both Level 3 and 4 automation systems are subject to the requirement that a driver supervises the operation of the vehicle to intervene when necessary.

In Level 5 automation, a vehicle would be considered fully autonomous, able to tackle any driving situation, without the need for a driver to maintain attention and supervision of the vehicle.

Who Is Liable in a Driverless Car Accident in Texas?

When a driverless car is involved in a motor vehicle accident, it can raise the question of who can be held liable for the crash. Can the occupant in the driver’s seat be held responsible for an accident when he or she was not actively operating the vehicle at the time of the crash?

Liability for a driverless car accident in Texas may depend on several factors

Human Error

Most driverless cars still require driver supervision when the autonomous function of the vehicle is engaged. Drivers are expected to intervene and take manual control of the vehicle if the vehicle begins performing unusual or inappropriate maneuvers – for example, failing to slow when approaching slowed or stopped traffic, or attempting to move into another lane occupied by another vehicle.

Many driverless and self-driving vehicle accidents have been attributed to the autonomous technology of the vehicle failing to perform properly and the driver of the vehicle not recognizing the need to take manual control of the vehicle. When a driver’s erroneous management of a vehicle’s autonomous driving functions contributes to an accident, the driver may be held liable for the crash.

Vehicle Malfunction

Self-driving technology remains under development. Inevitably autonomous driving technology in a vehicle may fail for one reason or another, including the vehicle’s sensors malfunctioning, or the computer that controls the autonomous function experiencing an error. When an accident is caused by a driverless car suffering from a software malfunction or mechanical malfunction, the vehicle’s manufacturer may have liability for the crash.

Inadequate Regulatory Oversight

State and federal governments have the responsibility for regulating the testing of driverless vehicles on public roads.

Governments should only allow experimental vehicles onto public roads where manufacturers have demonstrated that conducting testing on public roads will not put the motoring public at unreasonable risk of harm.

Defective Design or Manufacturing

Driverless cars may get into an accident due to a design or manufacturing defect with the equipment that makes up the self-driving system. If a driverless vehicle is found to have a defect, the vehicle’s manufacturer may be held liable under product liability laws for injuries and losses from an accident caused by that driverless vehicle.

Currently, no commercially available vehicle can operate on the road without some level of driver supervision and control over the vehicle. But the introduction of autonomous vehicles to Texas roads and highways will raise complex questions of liability. Vehicle automation is an evolving area of product liability law.

When a self-driving car is found to have caused a motor vehicle accident, the driver of the vehicle will still most likely be held liable for injuries and losses that the victims of the accident suffer, with the driver’s insurance coverage paying for those losses.

Contact a Car Accident Attorney Today

 If you’ve been injured in an accident involving a self-driving car, you may be entitled to seek financial compensation from the at-fault driver or the manufacturer. Contact Herrman & Herrman, P.L.L.C., or call us at (361) 882-4357 today for a free, no-obligation consultation with a Texas car accident attorney. Learn about your legal options for holding parties accountable for the harm and losses that you’ve suffered.

We have a bilingual, English- and Spanish-speaking staff and office locations in Corpus Christi, McAllen, San Antonio, and Brownsville to serve you.

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Preventing Back Injuries In Your Workplace

Back pain can be debilitating, interfering with your ability to work, get around, and enjoy your usual activities. Many back injuries occur in the workplace, even with light-duty jobs. Some of them result from wear and tear over time. However, there are several ways you can reduce your risk of back injuries at work.

To learn about back injury prevention and what you can do if you were injured at work, continue reading. If you have suffered a workplace back injury in Brownsville and need legal assistance, please contact Herrman & Herrman for a free consultation with a Brownsville back injury lawyer. Our knowledgeable team is available 24 hours a day, seven days a week, to answer your questions.

Common Causes of Back Pain at Work

When most people think of work-related back injuries, they picture trauma from heavy lifting. However, many jobs require activities that put significant strain on your back.

The common causes of work-related back pain include:

• Motor vehicle accidents – Many workers are required to drive motor vehicles or heavy machinery, which increases their risk of back injury from traffic collisions. A motor vehicle accident can cause back injuries through blunt-force trauma, crushing injuries, or penetrative injuries.
• Repetitive motion strain – Even low-stress repetitive motions can cause muscles to tighten and tear over time. Pain from repetitive motion strain or a wear-and-tear injury often appears gradually. While they occur gradually, these injuries can be debilitating and require surgery.
• Heavy lifting injuries – Overexertion from lifting heavy objects may cause back pain. Back injuries often occur when workers strain to lift heavy objects or twist their bodies while carrying heavy objects.
• Inadequate training – Employers need to provide proper safety training based on workers’ roles to reduce the risk of injury. This includes training workers in proper lifting techniques, safe ladder and equipment use, and good posture.
• Bad policies or safety standards – When companies do not prioritize safety, workers can get hurt. If employees are overworked or rushed because of staffing shortages or unreasonable production demands, they are more likely to injure themselves as a result.
• Unsafe equipment or machinery – If equipment or machinery is not properly maintained for workers, accidents can lead to back strain or injuries. Workers who sustain back injuries from equipment with manufacturing defects may have grounds for claims against the negligent manufacturer.
• Slip and fall accidents – A slip and fall accident can lead to fractured vertebrae, herniated discs, and other serious back injuries. Slip and falls often occur in the workplace due to slick surfaces, open ledges or scaffolds, and loose debris or objects along walkways.
• Poor posture or ergonomics – Workers who work in awkward positions or use chairs without proper ergonomic support are especially likely to damage spinal structures and experience back pain.

Ways to Prevent Back Pain at Work

The Occupational Safety and Health Administration (OSHA) guide to back injury prevention notes that many back injuries develop gradually due to repetitive microtrauma. Employers can reduce the risk of traumatic back injuries by promoting:

• Regular exercise – Exercising several times each week will strengthen your core and limbs, which can reduce your risk of back injury. To prevent lower back injury, try swimming, pelvic lifts, or rotational stretches.
• Proper posture and ergonomics – Maintaining proper posture when you are standing, sitting, walking, or lifting objects can dramatically reduce your risk of back injuries. Employers can help office workers avoid back injuries by providing supportive chairs and ergonomic furniture.
• Safe and reasonable policies – Employers can reduce the risk of back injuries and pain by keeping productivity quotas reasonable and allowing workers enough time to take proper rest breaks.
• Repetitive task modifications – If workers are expected to perform repetitive tasks, employers should allow modifications that limit the risk of injury. To avoid strain from repetitive lifting tasks, employees could use lifting devices or alternate between heavy-duty and light-duty work.
• Proper equipment use and maintenance – When workers don’t understand how to use equipment properly or the equipment is poorly maintained, injuries can occur. Employers can help prevent back injuries by encouraging proper equipment use and keeping equipment in good repair.

What to Do If I Was Injured at Work

If you sustained a back injury at work, you may be entitled to benefits from your employer’s workers’ compensation insurance policy. If your employer carries workers’ comp insurance, you could receive compensation even if you were at fault for your occupational back injury.

Workers’ compensation benefits are intended to pay for necessary medical expenses related to your injury. If you are unable to return to work for a significant period due to the injury, workers’ comp can also cover a portion of your lost wages.

If you have been injured in a workplace accident, you should:

•  Seek immediate medical care – Some workers’ compensation benefits will only cover treatment from providers in a certified healthcare network. If your employer is part of a network, you can ask them for a list of approved providers.
•  Report the injury to your employer – You should report your back injury to them as soon as possible. If you don’t notify your employer of the injury within 30 days, you may lose your right to claim workers’ compensation benefits.
• Follow your doctor’s treatment recommendations – One of the most important things you can do for your health is to follow your doctor’s orders. By following prescribed treatment regimens and attending follow-up appointments, you will maximize your potential for recovery and demonstrate to interested parties that you are taking your health seriously.
• Determine whether your employer has workers’ comp insurance – Texas is the only state in the U.S. that doesn’t require employers to carry workers’ compensation insurance. If you were injured at work and your employer does not provide workers’ compensation benefits, you should talk to a personal injury attorney about your legal options.
• File a claim with the Texas Division of Workers’ Compensation (DWC) – If your employer does not file for you, you can file a claim by sending a completed DWC Form-041 to the Texas DWC online, by mail, or by fax. You must submit this form within one year of the date of your initial back injury to claim workers’ comp benefits.

If you need assistance with understanding your legal options, an attorney at Herrman & Herman can help. An attorney can help you evaluate other options for pursuing the compensation you need. This could include filing a claim with a private insurance provider or filing a lawsuit against your employer.

Had a Back Injured at Work? Contact Us

If you’re suffering from back pain following an accident at work, you need a caring work injury lawyer to help you pursue fair financial compensation. With more than 100 years of combined experience, the Brownsville back injury lawyers of Herrman & Herrman have secured favorable results for more than 20,000 injured Texans.

When you’re ready for answers to your questions, we’re here. Call us today at (361) 882-4357 or contact us online for a free case review of your back injury claim. For your convenience, we have several offices in Texas, including Brownsville, Corpus Christi, McAllen, and San Antonio.

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Empresas de camiones no podran ser demandas si uno de sus conductores golpea a otro conductor en Texas

Miles de camiones comerciales viajan por las carreteras y autopistas de Texas todos los días. Desafortunadamente, esta concentración de actividad comercial hace que las carreteras de Texas sean especialmente peligrosas para los automovilistas.

Cada año, casi 600 personas mueren y miles más resultan heridas en accidentes de camiones en Texas. Cuando las víctimas resultan heridas debido a la negligencia de los conductores de camiones o de las empresas de transporte, las víctimas del accidente y sus familias tienen derecho a responsabilizar económicamente a las partes culpables por sus pérdidas.

Sin embargo, un nuevo proyecto de ley controvertido que se está abriendo camino en la legislatura de Texas podría limitar severamente los derechos de las víctimas de accidentes de camiones y sus familias al demandar por una compensación.

¿Qué dice el proyecto de ley 19 de la Cámara de Representantes?

El Proyecto de Ley 19 de la Cámara de Representantes propone asignar responsabilidad separada por accidentes de camiones a los conductores de camiones y a sus empleadores. En la mayoría de los casos de accidentes de camiones, los empleadores son legal y financieramente responsables de las acciones relacionadas con el trabajo de sus empleados. Según los partidarios de la ley, esto protegerá a las empresas de camiones de tener que pagar por la conducta negligente de sus conductores.

La legislación recibió la aprobación de la Cámara de Representantes de Texas en abril de 2021 y posteriormente pasó al Senado para su consideración. A mediados de mayo, el Senado aprobó una versión revisada del proyecto de ley.

Dado que el proyecto de ley fue enmendado por el Senado, ahora requerirá una nueva ronda de aprobación en la Cámara antes de ser enviado al gobernador Greg Abbott.

Según el texto del Proyecto de Ley 19 de la Cámara de Representantes, las víctimas de accidentes de camiones tendrían que demostrar que una empresa de camiones exhibió negligencia grave en su capacitación o en las políticas de la empresa para que puedan ser responsabilizadas directamente y recuperar una compensación de ellas.

Quienes se oponen al proyecto de ley argumentan que esto desvía la responsabilidad de las empresas de camiones al centrarse en la conducta de los conductores comerciales. Como resultado, dicen, es más probable que la ley beneficie a las aseguradoras y compañías de camiones que a los conductores de Texas.

Muchos abogados de lesiones personales en Texas han criticado el Proyecto de Ley 19 de la Cámara de Representantes, explicando que la legislación podría dificultar que las víctimas de accidentes de camiones y sus familias entablen una demanda en contra de una empresa de camiones y les daría a las empresas de camiones un pase libre para descuidar la seguridad vial.

Según Ware Wendell, director ejecutivo de la organización de seguridad pública Texas Watch, ya existe un “peligro claro y presente” en las carreteras de Texas debido a que las empresas de camiones se niegan a tomar en serio la seguridad.

¿Por qué el Senado de Texas aprobó el proyecto de ley?

Según fuentes de noticias locales, la legislación fue adoptada después de un fuerte cabildeo por parte de la industria del transporte por carretera.

El representante estatal republicano Jeff Leach de Plano, quien patrocinó el proyecto de ley, ha pedido esfuerzos para plantear preocupaciones sobre los intentos de la legislación de desinformar y engañar al público. El Sr. Leach insiste en que el Proyecto de Ley 19 de la Cámara de Representantes “protege los derechos de todos los texanos lesionados”.

En el Senado, Larry Taylor de Pearland afirmó de manera similar que el proyecto de ley “garantizará que las reglas de la carretera para los casos de accidentes de carretera se apliquen de manera uniforme y justa en todas las salas de audiencias de Texas”.

Los defensores del proyecto de ley dicen que está diseñado para proteger a las compañías de camiones comerciales del aumento de los costos de los seguros y del creciente número de demandas por accidentes frívolos.

Lucy Nashed, de Texas for Dewsuit Reform, afirma que el número de demandas por accidentes de camiones amenaza con hacer que las pequeñas empresas de camiones se queden sin negocio.

Pero Jim Perdue, presidente de la Asociación de Abogados Litigantes de Texas, dijo que la legislación dañaría las prácticas judiciales actuales y crearía retrasos sin precedentes en el proceso y la entrega de justicia. Lo llamó una remodelación radical del sistema de justicia civil para proteger a una clase específica de acusados: las empresas de camiones.

¿Qué significa esto para las empresas de camiones?

El Proyecto de Ley 19 de la Cámara de Representantes puede ser una buena noticia para las compañías de camiones, pero no para las personas lesionadas que buscan responsabilizar a las compañías de camiones.

Public Citizen Texas, un grupo de defensa del interés público, sostiene que el Proyecto de Ley 19 de la Cámara de Representantes antepone el bienestar de las empresas a la seguridad de los ciudadanos de Texas. Adrian Shelley, director de Public Citizen Texas, dijo que la legislación limita la responsabilidad corporativa y pone obstáculos al proceso de recuperación de las familias en duelo.

“Este proyecto de ley le da la espalda a cientos de familias en duelo que experimentan tragedias en accidentes de camiones en Texas cada año”, dijo Shelley al Dallas Morning News.

Bay Scoggin, director estatal del Grupo de Investigación de Interés Público de Texas, dice que el proyecto de ley creará un “incentivo perverso” para evitar las últimas medidas de seguridad en la industria de camiones, que probablemente generarán conductores y camiones más peligrosos en las carreteras de Texas.

¿Qué significa esto para los conductores de camiones?

Si el Proyecto de Ley 19 de la Cámara de Representantes se convierte en ley, los conductores de camiones pueden ser considerados responsables de accidentes sin contar con la protección del seguro o la representación legal de su empleador. Esto significa que los conductores de camiones probablemente estarán bajo un mayor escrutinio por su conducta y enfrentarán un nivel sin precedentes de responsabilidad por accidentes.

Muchos conductores son contratistas independientes que no tienen voz ni voto en las rutas que toman ni en el momento de las entregas. Muchos factores que podrían contribuir a un accidente peligroso están fuera del control del conductor.

Para compensar este aumento en la responsabilidad potencial, los conductores de camiones que operan en Texas pueden verse obligados a comprar una cobertura de seguro adicional o aplicar criterios de evaluación más rigurosos al decidir con qué compañías de camiones trabajar.

Comuníquese con un abogado de accidentes de camiones si resultó lesionado

Los abogados de Herrman & Herrman defienden a las personas lesionadas en accidentes de camiones en el sur de Texas, incluidos Corpus Christi, Brownsville, San Antonio y McAllen. Nuestro equipo legal ha visto de primera mano el dolor y el sufrimiento que experimentan las familias por los accidentes de camiones evitables causados por el desprecio de las empresas de transporte por la seguridad. Nos oponemos a los esfuerzos para dificultar que las familias responsabilicen a las empresas de transporte cuando su negligencia conduce a accidentes graves. Para luchar contra los efectos potencialmente dañinos de este proyecto de ley, comuníquese con sus representantes locales y anímelos a votar en contra de la aprobación del Proyecto de Ley 19 de la Cámara de Representantes.

Si resultó lesionado en un accidente de camión, los abogados de Herrman & Herrman pueden ayudarlo a comprender sus derechos y cómo la ley puede afectar su caso. Contáctenos hoy para hablar con un abogado sobre su reclamo por accidente de camión en Texas.

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Understanding Attorney-Client Privilege

Even if you’re outside the legal system or have never been in a courtroom. You’ve likely heard about the concept of attorney-client privilege. However, this idea is seldom broken down. If you’re thinking of mounting a case, know someone who is, or you’re just curious about the nature of this unique relationship. Here’s what you need to understand about attorney-client privilege.

What is Attorney-Client Privilege?

Attorney-client privilege is an institution meant to secure legal clients from risk. Risk of information that is private or pertinent to their case falling into the wrong hands. In its origin, the purpose of attorney-client privilege is to prevent the possibility of an attorney testifying against the client based on information that the client has told them in private conversations. Shielded by this privilege, clients can feel more comfortable being open about any details pertinent to their case. That way, attorneys have the full picture and can provide accurate, professional advice. Conversations between attorneys and clients are said to be had in a “zone of privacy.”

What Constitutes an Attorney-Client Relationship?

The attorney-client privilege does not exist until there is an attorney-client relationship in play. That may seem obvious, but it is imperative. That means that a client has firmly hired and met with the attorney, and the two parties have agreed on the contract for representation. There could be a few exceptions to this, such as if an attorney is held on retainer by an individual or entity or if there has been a history of former representations.

Are All Communications Confidential?

So, are all communication between attorneys and their clients confidential? The answer is murky. Most communications are, indeed, privileged, but it does not cover all communication. If a client conveys certain facts pertinent to the case, and those facts are available to find out elsewhere—for instance, if they are publicly published online—then communication is not confidential. Those facts may be used in court.

Contact Herrman & Herrman P.L.L.C. at 361.882.4357

Our firm is equipped with over 100 years of combined experience handling personal injury cases across Texas. Our outstanding record of favorable settlements and verdicts includes over 20,000 successfully resolved cases. Once we take on a case, we are relentless, and you can rely on us to pursue full compensation for you.

• You can trust our attorneys to be compassionate and professional.
• We will fight hard to obtain a fair settlement for you.
• Our firm represents the injured and families who have lost a loved one due to others’ negligent acts.
• We serve as counsel in various injury cases – including car, truck, motorcycle, bicycle, pedestrian accidents, premises liability cases, product liability cases, and medical malpractice claims.
• We have the ability to dispatch the Herrman & Herrman Accident Investigative Team to the crash scene to start an investigation and preserve critical evidence.

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Trucking Companies in TX Won’t be Liable If Their Driver Hits You

Thousands of commercial trucks travel on Texas roads and highways every day. Unfortunately, this concentration of commercial activity makes Texas roads especially dangerous for motorists.

Every year, nearly 600 people die and thousands more are injured in Texas truck accidents. When victims are injured due to the negligence of truck drivers or trucking companies, the accident victims and their families have the right to hold the at-fault parties financially accountable for their losses.

However, a controversial new bill that is working its way through the Texas legislature could severely limit the rights of truck accident victims and their families to sue for compensation.

What Does House Bill 19 Say?

House Bill 19 proposes to assign separate liability for truck accidents to truck drivers and their employers. In most truck accident cases, employers are legally and financially responsible for the work-related actions of their employees. According to supporters of the law, this will protect trucking companies from having to pay for the negligent conduct of their drivers.

The legislation received approval by the Texas House of Representatives in April 2021 and subsequently went to the Senate for consideration. In mid-May, the Senate approved a revised version of the bill.

Since the bill was amended by the Senate, it will now require a new round of approval in the House before being sent to Governor Greg Abbott.

Under the text of House Bill 19, truck accident victims would need to demonstrate that a trucking company exhibited gross negligence in its training or company policies to hold them directly responsible and recover compensation.

Opponents of the bill argue that it shifts responsibility away from trucking companies by focusing on the conduct of commercial drivers. As a result, they say, the bill is more likely to benefit insurance and trucking companies than Texas motorists.

Many personal injury attorneys in Texas have been critical of House Bill 19, explaining that the legislation could make it more difficult for truck accident victims and their families to bring a lawsuit against a trucking company and would give trucking companies a free pass to neglect road safety.

According to Ware Wendell, executive director of public safety organization Texas Watch, there is already a “clear and present danger” on Texas roads due to trucking companies refusing to be serious about safety.

Why Did the Texas Senate Approve the Bill?

According to local news sources, the legislation was adopted after heavy lobbying from the trucking industry.

Republican State Rep. Jeff Leach of Plano, who sponsored the bill, has called efforts to raise concerns about the legislation attempts to misinform and mislead the public. Mr. Leach insists that House Bill 19 “safeguards the rights of all injured Texans.”

In the Senate, Larry Taylor of Pearland similarly claimed that the bill will “ensure the rules of the road for highway accident cases are applied uniformly and fairly in all Texas courtrooms.”

Advocates of the bill say that it is designed to protect commercial trucking companies from rising insurance costs and the increasing number of frivolous accident lawsuits.

Lucy Nashed, of Texas for Lawsuit Reform, claims that the number of truck accident lawsuits are threatening to run small trucking companies out of business.

But Jim Perdue, president of the Texas Trial Lawyers Association, said the legislation would damage current court practices and would create unprecedented delays in the process and delivery of justice. He called it a radical remaking of the civil justice system to protect a specific class of defendants—trucking companies.

What Does This Mean for Trucking Companies?

House Bill 19 may be good news for trucking companies, but not for injured people seeking to hold trucking companies accountable.

Public Citizen Texas, a public interest advocacy group, contends that House Bill 19 puts the welfare of businesses over the safety of Texas citizens. Adrian Shelley, director of Public Citizen Texas, said the legislation limits corporate liability and throws roadblocks into the recovery process for grieving families.

“This bill turns its back on hundreds of grieving families who experience tragedy in Texas truck accidents each year,” Shelley told the Dallas Morning News.

Bay Scoggin, state director of the Texas Public Interest Research Group, says the bill will create a “perverse incentive” to avoid the latest safety measures in the trucking industry, which will likely lead to more dangerous drivers and trucks on Texas roads.

What Does This Mean for Truck Drivers?

If House Bill 19 becomes law, truck drivers may be held responsible for accidents without the protection of their employer’s insurance or legal representation. This means truck drivers will likely be under increased scrutiny for their conduct and face an unprecedented level of liability for accidents.

Many drivers are independent contractors with have no say over the routes they take or the timing of their deliveries. Many factors that could contribute to a dangerous accident are out of a driver’s control.

To compensate for this increase in potential liability, truck drivers who operate in Texas may be forced to purchase extra insurance coverage or apply more rigorous screening criteria when deciding which trucking companies to work with.

Contact a Truck Accident Lawyer If You Were Injured

The attorneys at Herrman & Herrman stand up for people who are injured in truck accidents in South Texas, including Corpus Christi, Brownsville, San Antonio, and McAllen. Our legal team has seen firsthand the pain and suffering that families experience from preventable truck crashes caused by trucking companies’ disregard for safety. We oppose efforts to make it harder for families to hold trucking companies accountable when their negligence leads to serious accidents. To fight back against the potentially damaging effects of this bill, contact your local representatives and encourage them to vote against the passage of House Bill 19.

If you were injured in a truck accident, the attorneys of Herrman & Herrman can help you understand your rights and how the law may affect your case. Contact us today to speak with a compassionate attorney about your Texas truck accident claim.

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Qué hacer si lo atropella un conductor ebrio

Se predica una y otra vez: no beba y conduzca. Sin embargo, el hecho de que siga esta regla de conducción esencial no significa que todos los demás en la carretera lo hagan. Tener un accidente automovilístico ya es difícil. Incluso cuando una colisión automovilística no es fatal, puede ser mental, física y emocionalmente traumática si un conductor ebrio lo golpea. Es posible que sienta aún más emociones y que se sienta confundido acerca de lo que debe hacer. Si no tiene la culpa de un accidente automovilístico reciente y sospecha que el otro conductor estaba ebrio y desea recuperarse económicamente de sus daños, aquí hay pasos importantes que debe conocer.

Centrarse en la salud

En cualquier caso en el que alguien resulte lesionado, ya sea que alguien esté ebrio o no, es fundamental atender a las lesiones antes de hacer cualquier otra cosa. Asegúrese de cumplir con los primeros en responder y busque tratamiento por todos los daños físicos a usted o sus pasajeros.

Presentar un informe formal

Asegúrese de informar el accidente automovilístico a la policía en las áreas a un informe oficial de accidente. Esto ayudará en las reclamaciones de seguros y será útil para cualquier acción legal que planee emprender.

Registre todo lo que pueda sobre el accidente y su costo

Si puede, tome fotografías de todo en el lugar del accidente. Estas fotos deben incluir imágenes de cualquier daño a los autos involucrados. Asegúrese de anotar su recuerdo del accidente y obtener los relatos de cualquier otra persona que estuviera en su automóvil, así como de los testigos presenciales en la escena. Si tiene alguna prueba de que el otro conductor estaba ebrio mientras conducía, también debe conservarla.

Por cualquier costo en el que haya incurrido debido al accidente, debe asegurarse de conservar los recibos. Esto podría ser facturas médicas, recibos de un taller de carrocería y un registro de cualquier salario perdido, además de una cantidad cuantificada por su dolor y sufrimiento recuperado a través de una acción legal.

Consiga un abogado de lesiones personales

Si usted no tuvo la culpa del accidente, es importante que se comunique con un abogado de lesiones personales. Estipulación que el otro conductor estaba borracho, resistir el sorteo para llegar a un acuerdo con su compañía de seguros. Si puede probar en la corte con la ayuda de su abogado que actuó por negligencia, debe recibir una compensación por los costos en los que incurrió.

Póngase en contacto con Herrman & Herrman P.L.L.C. al 361.882.4357

Nuestra firma está equipada con más de 100 años de experiencia combinada en el manejo de casos de lesiones personales en Texas. Nuestro historial sobresaliente de acuerdos favorables y veredictos incluye más de 20,000 casos resueltos con éxito. Una vez que asumimos un caso, somos implacables y puede confiar en nosotros para obtener una compensación completa para usted.

• Puede confiar en que nuestros abogados serán compasivos y profesionales.
• Lucharemos arduamente para obtener un acuerdo justo para usted.
• Nuestra firma representa a los lesionados y las familias que han perdido a un ser querido debido a los actos negligentes de otros.
• Prestamos servicios como asesores legales en una variedad de casos de lesiones, incluidos accidentes de automóvil, camión, motocicleta, bicicleta y peatones, casos de responsabilidad de locales, casos de responsabilidad por productos defectuosos y reclamos por negligencia médica.

Tenemos la capacidad de enviar al Equipo de Investigación de Accidentes de  Herrman & Herrman al lugar del accidente para iniciar una investigación y preservar la evidencia crítica

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What to Do if You Are Hit by a Drunk Driver

It’s preached over and over: don’t drink and drive. However, just because you follow this essential driving rule doesn’t mean that everyone else on the road does. Being in an auto accident is already hard. Even when an auto collision is not fatal, it can still be mentally, physically, and emotionally traumatic if a drunk driver hits you. You could be feeling even more emotions, and you may be confused about what you should do. If you’re not at fault for a recent car crash and suspect the other driver was drunk, and you want to recover financially from your damages, here are important steps to know.

Focus on Health

In any case where someone is injured, whether someone is intoxicated or not, it is critical to tend to injuries before doing anything else. Ensure you comply with first responders and seek treatment for all physical damages to you or your passengers.

File a Formal Report

Ensure you report the auto accident to the police in the areas to an official accident report. This will help in insurance claims and will be helpful for any legal action you plan to take.

Record Everything You Can About the Accident and Its Cost

If you can, take pictures of everything at the accident site. These photos should include pictures of any damage to the cars involved. Make sure you write down your recollection of the accident and get the accounts of anyone else who was in your car, as well as eyewitnesses at the scene. If you have any proof that the other driver was drunk while driving, you should also hold onto that.

For any costs you incurred because of the accident, you should ensure that you keep receipts. This could be medical bills, receipts from an auto body shop, and a record of any missed wages, in addition to a quantified amount for your pain and suffering recovered through legal action.

Attain a Personal Injury Lawyer

If you were not at fault for the accident, it is important to contact a personal injury attorney. Stipulation the other driver was drunk, resist the draw to settle with their insurance company. If you can prove in court with the help of your attorney that they were acting out of negligence, you should receive compensation for costs you incurred.

Contact Herrman & Herrman P.L.L.C. at 361.882.4357

Our firm is equipped with over 100 years of combined experience handling personal injury cases across Texas. Our outstanding record of favorable settlements and verdicts includes over 20,000 successfully resolved cases. Once we take on a case. As a result, we are relentless, and you can rely on us to pursue full compensation for you.

• You can trust our attorneys to be compassionate and professional.
• We will fight hard to obtain a fair settlement for you.
• Our firm represents the injured and families who have lost a loved one due to others’ negligent acts.
• We serve as counsel in various injury cases – including car, truck, motorcycle, bicycle, pedestrian accidents, premises liability cases, product liability cases, and medical malpractice claims.
• We have the ability to dispatch the Herrman & Herrman Accident Investigative Team to the crash scene to start an investigation and preserve critical evidence.

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Cómo prepararse para la temporada de huracanes en Texas

La temporada de huracanes es peligrosa en cualquier estado del país. Después del huracán Harvey en 2017, debe estar aún más atento a su preparación para el huracán si vive en Texas. La temporada de huracanes en Texas es de junio a noviembre, pero es importante conocer las formas adecuadas de preparar su hogar y su familia en todo momento durante el año. A continuación, le mostramos cómo puede mantener su hogar, propiedad y familia a salvo durante este período de clima potencialmente catastrófico.

Seguro contra huracanes

Muchos en Texas y otros estados costeros optan por obtener un seguro contra huracanes y tormentas. Esto es especialmente importante si vive cerca del agua. El seguro contra tormentas a menudo se agrega a su póliza estándar de hogar o automóvil. Aunque es un producto de seguro complementario, debe tomarse muy en serio. Asegúrese de adquirir una póliza que sea adecuada para cubrir la pérdida de su propiedad. Tome fotos y haga una lista de todo lo valioso que necesitaría reemplazar en caso de una tormenta.

Preparándose para una tormenta inminente

Si está en alerta de huracán o una advertencia de huracán en su área, debe leer sobre cómo puede prepararse. Asegúrese de asegurar todas las ventanas y puertas de su casa con contrachapados gruesos o contraventanas para huracanes. Compre suficientes alimentos no perecederos y agua limpia para asegurarse de que pueda sobrevivir a un pedido que se quede en casa por más tiempo. Almacene agua adicional también para fines de saneamiento. También debe hacer un botiquín de primeros auxilios en casa en caso de emergencia. También puede comprar un generador para su hogar. Si vive en una propiedad que pueda acomodarlo.

Cuidados posteriores al huracán

Después de que un huracán ha pasado por su área, es importante hacer un balance de todo lo que ha sido dañado. Después de hacer esto, debe comunicarse con el proveedor de seguros a través del cual tiene cobertura contra tormentas. Si necesita ayuda para navegar por el proceso o cree que no se le pagó adecuadamente por el daño en el que incurrió, puede comunicarse con un abogado de seguros con experiencia en su área.

Póngase en contacto con Herrman & Herrman P.L.L.C. al 361.882.4357

Nuestra firma está equipada con más de 100 años de experiencia combinada en el manejo de casos de lesiones personales en Texas. Nuestro historial sobresaliente de acuerdos favorables y veredictos incluye más de 20,000 casos resueltos con éxito. Una vez que asumimos un caso, somos implacables y puede confiar en nosotros para obtener una compensación completa para usted.

• Puede confiar en que nuestros abogados serán compasivos y profesionales.
• Lucharemos arduamente para obtener un acuerdo justo para usted.
• Nuestra firma representa a los lesionados y las familias que han perdido a un ser querido debido a los actos negligentes de otros.
• Prestamos servicios como asesores legales en una variedad de casos de lesiones, incluidos accidentes de automóvil, camión, motocicleta, bicicleta y peatones, casos de responsabilidad de locales, casos de responsabilidad por productos defectuosos y reclamos por negligencia médica.

Tenemos la capacidad de enviar al Equipo de Investigación de Accidentes de  Herrman & Herrman al lugar del accidente para iniciar una investigación y preservar la evidencia crítica

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How to Prep for Hurricane Season in Texas

Hurricane season is dangerous in any state in the country. Following Hurricane Harvey in 2017, you should be even more vigilant about your hurricane preparation if you live in Texas. Hurricane season in Texas is from June through November, but it’s important to know the proper ways to prepare your home and family at all times throughout the year. Here’s how you can keep your home, property, and family safe during this period of potentially catastrophic weather.

Hurricane Insurance

Many in Texas and other coastal states choose to get hurricane and storm insurance. This is especially vital if you live close to the water. Storm insurance is often added to your standard home or car policy. Even though it’s an add-on insurance product, it should be taken very seriously. Make sure you purchase a policy that is adequate to cover the loss of your property. Take photos and make a list of everything of value that you would need to replace in the event of a storm.

Preparing for an Imminent Storm

If you are on hurricane alert or a hurricane warning in your area, you should read up on how you can prepare. Make sure you secure all windows and doors in your home with thick plywood or hurricane shutters. Buy enough non-perishable food and clean water to make sure you can survive a longer stay-at-home order. Store extra water for sanitation purposes as well. You should also make an at-home first aid kit in case of emergency. You may also want to purchase a generator for your home. If you live on a property that can accommodate it.

Hurricane Aftercare

After a hurricane has blown through your area, it’s important to take stock of everything that has been damaged. After you do this, you should contact the insurance provider through whom you have storm coverage. If you need help navigating the process or believe that you were not paid out adequately for the damage you incurred, you can contact an experienced insurance attorney in your area.

Contact Herrman & Herrman P.L.L.C. at 361.882.4357

Our firm is equipped with over 100 years of combined experience handling personal injury cases across Texas. Our outstanding record of favorable settlements and verdicts includes over 20,000 successfully resolved cases. Once we take on a case, we are relentless, and you can rely on us to pursue full compensation for you.

• You can trust our attorneys to be compassionate and professional.
• We will fight hard to obtain a fair settlement for you.
• Our firm represents the injured and families who have lost a loved one due to others’ negligent acts.
• We serve as counsel in various injury cases – including car, truck, motorcycle, bicycle, pedestrian accidents, premises liability cases, product liability cases, and medical malpractice claims.
• We have the ability to dispatch the Herrman & Herrman Accident Investigative Team to the crash scene to start an investigation and preserve critical evidence.

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Texas Law Firm Herrman& Herrman Awarded $23 Million Judgement

Herrman & Herrman Receives $23,291,950.72 Judgement for Wrongful Death Case Involving a Drunk Driver. 

The family of 14 year old Rhyan Moody, who was killed by a T-bone collision with a drunk driver,  Jose Victor Chaparro-Saenz, on Thanksgiving night in 2017, was awarded $23 million dollars by a judge this week. Ms. Moody was riding in the backseat of her grandparents car when Chaparro-Saenz ran a red light and hit the vehicle she was in. Chaparro-Saenz was intoxicated and going 65+ MPH when he T-boned their car. The medical examiner’s office reported that Moody died from injuries sustained in the motor vehicle collision.

Texas Drunk Driver Accident Judgement

Ms. Moody suffered from blunt force trauma to her head, causing her death. 

On the day of judgement, Cary Toland of Herrman & Herrman P.L.L.C, presented the evidence proving Chaparro-Saenz to be liable for the death of Ms. Moody. The judge, in turn, ruled on the verdict the same day. 

“A Drunk driver took the Moody/Penrod family’s 14 year daughter. When they came to us for help, I took it to heart. As a parent, I realized there is no greater loss than the loss of your child.  As a driver, I realized there is nothing more reckless and indifferent than a drunk speeding motorist who is disregarding traffic signals. Rhyan was irreplaceable, and there is nothing anyone can or could do to change that. But at the very least, I knew I could bring her family justice and perhaps some amount of closure to this most tragic event…” said Herrman & Herrman attorney Cary Toland. 

In the end, the judge ruled in favor of Ms. Moody. With the help of expert drunk driving and wrongful death attorney Cary Toland, associate attorney at Herrman & Herrman, Rhyan Moody’s family was awarded $23,291,950.72. 

Experienced Drunk Driving Accident & Wrongful Death Attorneys in Texas

At Herrman & Herrman, we know how difficult wrongful death accidents can be, and what the loss of a loved one can mean for you and your family. As a highly respected personal injury firm in Texas, we pride ourselves on the compassion and skill we bring to each and every case. After a wrongful death accident, we will build your case and get you the compensation you deserve so that you can try to get some closure to this tragic event. 

With offices in Corpus Christi, San Antonio, Brownsville, and McAllen, Herrman & Herrman serves victims throughout the state of Texas. If you or a loved one has been injured in an accident, contact Herrman & Herrman for representation to get maximum compensation for your injury. 

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5 Maneras de hacer que el día del padre sea inolvidable

El Día del Padre es una gran oportunidad para pasar tiempo y mostrar gratitud hacia tu papá. Sin embargo, no siempre es fácil saber qué hacer para celebrarlo. Puede hacer que el Día del Padre sea inolvidable al planificar actividades que sean tanto agradables como funcionales que les facilitarán la vida a ambos. Aquí hay cinco ideas para considerar este Día del Padre.

1. Ofrézcase para ayudar a su papá con las tareas del hogar u otras tareas

Si su padre está envejeciendo y ya no es tan móvil o ágil como antes. Una gran idea es preguntarle si hay algo en lo que necesite ayuda. Puede pasar parte del feriado del Día del Padre cuidando el jardín, limpiando canalones, haciendo un gran viaje de compras y más.

2. Haga una comida a la parrilla

Nada grita el Día del Padre como una buena comida al aire libre. Celebre a su papá asando hamburguesas, perritos calientes, verduras o pescado. En junio, el clima suele ser el adecuado para una celebración como esta.

3. Dirígete al campo de prácticas o al lugar de pesca.

No a todos los papás les gusta jugar al golf o pescar, pero si tu papá disfruta de una de estas actividades al aire libre. El Día del Padre es un gran momento para disfrutarlos con él. Lleva a tu padre a su campo de prácticas favorito para que trabaje en su columpio oa un lugar de pesca para ver quién puede pescar el pez más grande.

4. Realice un viaje por carretera por el día de papá

Ya sea que tenga el día o esté dispuesto a celebrar durante una semana. Seguro que tu padre disfrutará de un pequeño viaje por carretera. Les da a dos de ustedes, o más de ustedes si invita a hermanos, la oportunidad de vincularse y de ver el país.

5. Inicie la planificación patrimonial y la planificación del testamento para papá

Si su padre se acerca a la jubilación, a la vejez o al final de su vida. Es importante que comience con la planificación patrimonial o consulte a un abogado de confianza para redactar un testamento. Idealmente, estas cosas comenzarían mucho antes del final de su vida, pero si un testamento u otros procedimientos legales no están en su lugar, es imperativo que se consoliden. También debe especificar quién le gustaría que fuera el albacea de su testamento para asegurarse de que todos sus deseos se cumplan al final de su vida.

Póngase en contacto con Herrman & Herrman P.L.L.C. al 361.882.4357

Nuestra firma está equipada con más de 100 años de experiencia combinada en el manejo de casos de lesiones personales en Texas. Nuestro historial sobresaliente de acuerdos favorables y veredictos incluye más de 20,000 casos resueltos con éxito. Una vez que asumimos un caso, somos implacables y puede confiar en nosotros para obtener una compensación completa para usted.

• Puede confiar en que nuestros abogados serán compasivos y profesionales.
• Lucharemos arduamente para obtener un acuerdo justo para usted.
• Nuestra firma representa a los lesionados y las familias que han perdido a un ser querido debido a los actos negligentes de otros.
• Prestamos servicios como asesores legales en una variedad de casos de lesiones, incluidos accidentes de automóvil, camión, motocicleta, bicicleta y peatones, casos de responsabilidad de locales, casos de responsabilidad por productos defectuosos y reclamos por negligencia médica.
• Tenemos la capacidad de enviar al Equipo de Investigación de Accidentes de  Herrman & Herrman al lugar del accidente para iniciar una investigación y preservar la evidencia crítica

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Types of Lift Truck Accidents – Work Injuries in Texas

Forklifts are used in industry, construction, shipping, and retail stores to transport heavy loads. Forklifts are powerful pieces of equipment and require extensive training to operate safely. Forklifts, also known as lift trucks, are involved in many serious workplace accidents each year.

If you’ve been hurt in a forklift or lift truck accident in Brownsville, you need experienced legal representation to seek maximum compensation for your injuries. Turn to Herrman & Herrman for help. Our attorneys have more than a century of combined experience from having handled thousands of cases. We help clients pursue just compensation for medical bills, lost income, and pain and suffering. Let our firm help you understand your rights and options for obtaining compensation after you’ve been involved in a forklift accident.

Our law firm has an office in Brownsville and a Spanish-speaking and English-speaking staff to serve you. Contact Herrman & Herrman today for a free case evaluation. Let’s discuss your legal rights and options after you’ve been injured in a forklift or lift truck accident in Texas.

Magnitude of a Forklift Accident

Forklift accidents cause tens of thousands of injuries and multiple fatalities in workplaces in Texas and across the country every year. In 2019, forklifts were involved in accidents linked to 79 work-related deaths and more than 8,100 injuries.

Forklifts have the capability to cause serious injuries or death in an accident for several reasons:

• Forklifts can reach speeds of up to 20 miles per hour or more, which can be dangerously fast when operated near people on foot and in an enclosed space like a warehouse.
• Forklifts don’t handle the same as a passenger vehicle because of their different brake systems, the fact that their rear wheels turn instead of their front wheels, and their weight distribution is in the back.
• Most forklifts carry their loads in front, which can obstruct an operator’s view.
• Lifting a load can destabilize a forklift and cause it to turn over.

The weight, speed, and difficult operation of a forklift can greatly increase the risk of an accident. Those factors can also increase the severity of injuries inflicted by an accident.

Common Causes of Forklift Accidents

Federal work safety regulations require anyone operating a forklift to complete an approved training program to learn how to operate a forklift safely. Even so, these machines are frequently used by untrained, inexperienced, or careless operators.

Some of the most common causes of forklift accidents include:

• Lack of training and experience
• Careless or reckless operation, including speeding, failing to pay attention to the position of forks, failing to yield to people on foot, or engaging in horseplay
• Not immobilizing the forklift when the operator steps away from the controls
• Traveling up or down unsafe inclines or accidentally driving off the side of a ramp
• Lack of maintenance
• Design or manufacturing defects
• Lack of safety equipment, including helmets, seatbelts, grab handles, roll cages, warning lights, and sirens

Examples of Forklift Fatalities Investigated by OSHA

Unfortunately, numerous forklift accident fatalities occur every year. Fatal forklift accidents are typically investigated by the Occupational Safety and Health Administration. Examples of fatal forklift accidents that were investigated by OSHA include:

• A clerk at a marine terminal was killed after being struck and run over by a forklift. The operator’s view was blocked by a load being carried near the operator’s eye level.
• A forklift operator was crushed and killed by the vehicle when it tipped over because the operator attempted to make a sharp turn at high speed.
• An employee fell and was pinned by a forklift when he was standing on a pallet that was being lifted up by the forklift but was not secured.
• A forklift operator suffered a fatal head injury because the forklift tipped over when he drove into a tractor-trailer as the truck began to pull away from the loading dock.
• A worker driving a forklift was killed in a tip-over accident when the forklift hit a pothole in a parking lot.
• A longshoreman was killed when a forklift operator attempting to lift a pallet stuck the forklift’s forks through to an adjacent pallet, tipping the adjacent pallet’s cargo onto the longshoreman.
• A forklift operator was crushed and killed when his forklift tipped over on a 13-degree incline while the operator was not wearing a seatbelt.

What to Do If You Were Injured by a Forklift in Brownsville

 If you’ve been injured in a forklift accident, you can take the following steps to help protect your legal rights and options. These actions will give you a head start in pursuing a claim for compensation for your injuries and losses:

• First, you should make sure that you seek medical treatment for any injuries you may have suffered in the accident. Call for emergency medical attention if you’ve suffered any serious or life-threatening injuries. If you do not require emergency treatment, make sure to schedule an appointment within 48 hours to have your injuries diagnosed and get a treatment plan.
• Report the forklift accident to your employer. If your supervisor or your employer fills out an accident or incident report, obtain a copy of the report for your records.
• Take photographs or video of the accident scene and of the forklift if you are able to do so. If you suffered any visible injuries, try to photograph them as well.
• You should make time to consult with a Brownsville forklift accident attorney at Herrman & Herrman. You can go over your rights to compensation and your options for pursuing financial recovery and learn more about how a forklift accident lawyer can help you with your case.

Contact a Forklift Accident Lawyer Today

If you’ve been injured in a forklift-related accident, you may have options for seeking financial compensation for the harm and losses that you’ve suffered. Don’t wait another day to begin the process of pursuing recovery. We have an offices in Brownsville for your convenience. Contact Herrman & Herrman or give us a call at (361) 882-4357 today for a free consultation.

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