Archive for November 8th, 2012

San Antonio Work Accidents and Third-Party Liability Claims

The Bureau of Labor Statistics reports a total of 4,609 fatal work accidents occurred nationwide last year.

San Antonio personal injury attorneys understand the importance of seeking experienced legal representation in the wake of a serious work accident. The outcome of such cases can have a direct impact on your financial security for the rest of your life. Knowing your rights is vital to protecting the long-term interests of you and your family.

Texas work accident claimed 433 lives, including 168 transportation-related deaths. Nationwide, transportation accident claimed the most lives on the job, followed by acts of workplace violence. Workers’ compensation insurance is typically carried by an employer to cover lost wages, medical care and death benefits in the wake of a work accident. Generally, employees are entitled to benefits regardless of fault in an accident. However, they are prohibited from suing their employer via a personal injury or wrongful death claim.

However, third-party negligence in Texas work accidents frequently contributes to a serious or fatal on-the-job injury. In such cases, an injured worker or his surviving family members can sue a subcontractor, manufacturer or party other than the victim’s employer. Such is often the case in San Antonio construction accidents, where multiple contractors and subcontractors are working on the same job site.

Not surprisingly, the number of fatal construction accidents has declined since the beginning of the economic downturn. The U.S. Department of Labor reports such accidents have declined 42 percent since 2006 but still account for the second-most fatalities after the transportation and warehousing sector.

Organizations like the National Safety Council continue to push employers to establish cell-phone policies to reduce the risk of distracted driving and the resulting car accidents suffered by employees while on the job.

Workplace violence is another primary area of concern. Seventy employees were killed by workplace violence in Texas last year. While this often involves injury to police officers, correction guards, and hospital staff, it also includes high-profile workplace shootings and violence against overnight retail employees, cab drivers and other members of the workforce.

Employers should have a safety plan and a published evacuation plan. Proper parking lot lighting and surveillance cameras can also help keep employees safe on the job.

The third area of concern for federal safety advocates is the risk of fall accidents on the job. Texas fall accidents killed 67 employees last year. In most industries, workers at a height of six feet or more must be equipped with fall protection and must have the safety training critical to avoiding a fall from heights.

Additionally, the Occupational Safety and Health Administration continues to be concerned about the number of Latino and Hispanic workers who are injured or killed on the job each year. The number of serious and fatal accidents increased among these workers even as the overall number of fatal work accidents declined nationwide. A total of 729 Hispanic or Latino workers were killed on the job last year. In fact, Hispanic and Latino workers now account for about one-third of those killed in construction accidents.

If you’ve been injured in an accident, contact The Herrera Law Firm, Inc., at 800-455-1054 for a confidential consultation.

Texas Deer Accidents an Autumn Danger

It’s the season for deer accidents. Motorists are urged to use extra caution, particularly when driving after dusk through Thanksgiving. The last week of October and all of November are the deadliest time of the year for these dangerous accidents.

Our San Antonio injury attorneys understand these accidents can be deadly — most often when a driver swerving to avoid a deer loses control of his vehicle and drives off the road or into oncoming traffic. Keeping control of your vehicle is critical, even if you ultimately strike the animal. The Insurance Institute for Highway Safety reports at least 200 drivers a year are killed in accidents with deer.

And a recent report by State Farm Insurance put the number of deer-involved traffic accidents each year at about 1 million. Believe it or not, Texas traffic accidents involving deer occur more than 43,000 times a year. Your chances of hitting a deer during any given year are 1 in 416 in Texas.

The probability of a single-vehicle deer crash nationwide increased from 1 in 183 to 1 in 171. Hawaii was the state where motorists were least likely to be struck by a deer. With odds of 1 in 6,801, your chances of hitting a deer in Hawaii are roughly equivalent to your lifetime chance of being struck by lightning.

A report several years ago by The New York Times found the number of deer crashes nationwide is on the risk. October and November are particularly dangerous because of hunting season. Deer are also in mating season and are foraging for food in preparation for winter. All of these factors mean deer are more likely to be on the go, and to cross paths with motor vehicles.

Deer Accident Safety Tips:

-Slow down: Reducing your speed, especially after dark, permits more time to react.

Dawn & Dusk: Are the most active times for deer and demand drivers pay particular attention.

-Don’t swerve: Which can cause you to lose control of your vehicle.

-Deer Crossing Signs: Are posted in areas where deer activity or accidents are frequent. Watch for the signs and use extra caution, but be mindful of the fact that no sign does not mean no deer.

-One Deer: If you see a deer while driving, remember there is likely more than one.

-High Beams: Using whenever possible will help to illuminate the side of the road.

Your avenue for collection in the wake of a deer accident depends upon the facts and circumstances of your particular case. Unfortunately, even if you are dealing with your own insurance company in the wake of a one-vehicle accident, you may find you need legal representation to be treated fairly. This is particularly true if you or a loved one has suffered serious or fatal injury. Motorists should not be lulled into a false sense of security simply because they are dealing with their own insurer. Contacting an experienced San Antonio accident attorney is the best bet to protect your rights.

If you’ve been injured in an accident, contact The Herrera Law Firm, Inc., at 800-455-1054 for a confidential consultation.

Fatal San Antonio Accident Blamed on Dark Street

FOX29 is reporting inoperable street lights may be partially to blame for a San Antonio pedestrian accident that claimed the life of a 73-year-old man who was trying to cross the street near Loop 410.

Our San Antonio personal injury lawyers recently reported a rash of pedestrian accidents has authorities preaching caution. The U.S. Department of Transportation reports 345 people were killed in pedestrian accidents in 2010, more than anywhere else in the nation except California and Florida.

But this case highlights the fact that factors outside the control of the victim or at-fault driver may be involved in a serious or fatal traffic accident, including:

-Missing sidewalks or crosswalks or other road defects.

-Missing or inoperable street signs or signals.

-Missing guardrails or other safety devices.

-Poor road design.

-Overgrown vegetation.

-Weather.

We are frequently asked what motorists should do in the wake of an accident. At its most basic, a motorist should:

-Immediately contact authorities.

-Seek medical attention as needed.

-Make a police report – without admitting any fault or wrongdoing.

-Notify your insurance carrier.

-Use your cell phone to take photos of the scene from every angle.

-Get the names and contact information of witnesses.

-Contact an attorney.

An experienced personal injury lawyer or wrongful death attorney can conduct additional investigation. Perhaps traffic cameras or a nearby business surveillance camera captured the accident. It’s important the accident be well documented. Even if you think your injuries are minor. You may experience medical complications later, or have lingering pain. You may even find someone is blaming you for the accident. Unfortunately, you cannot even count on your own insurance company to act in your best interest — these companies worry mostly about their own bottom line — and have platoons of attorneys paid to do the same.

In some cases, identifying a contributing cause to an accident may provide another avenue of collection. If a property owner or municipality has been negligent, such a party may also be held responsible for your injuries, in addition to the at-fault driver. In this case, the media reports the City of San Antonio is already replacing lights in the area where the accident occurred. Which brings up another important point: Time is of the essence. When a dangerous or negligent condition results in a serious or fatal accident — whether a traffic accident or a fall on a broken sidewalk — those responsible often work quickly to make repairs. In other cases, the weather may change, foliage may grow or be cut back. Buildings may even be razed or constructed between the time when an accident occurs and the day a case finally makes it into the courtroom.

Taking prudent steps in the wake of a crash can protect your rights and the long-term financial well-being of you and your family. Speaking to an experienced law firm costs you nothing. Going it alone may cost you everything.

If you’ve been injured in an accident, contact The Herrera Law Firm, Inc., at 800-455-1054 for a confidential consultation.