Archive for the ‘Accident Attorney’ Category

Avoiding Truck Collisions in San Antonio

Truck accidents remain a significant risk for drivers and passengers in smaller motor vehicles. Recent data from the National Highway Traffic Safety Administration (NHTSA) reveals a rise in truck accident fatalities in 2012 and demonstrates that occupants of passenger vehicles make up the majority of those killed in truck crashes.

Preventing truck accidents is essential for motorists to stay safe on the road. Those who are injured in a truck collision should also understand their legal rights. A personal injury attorney can provide legal representation for truck accident victims and family members of people killed in collisions.

Truck Accident Deaths on the Rise

The recent NHTSA report has bad news for drivers about truck collisions:

  • Truck accident fatalities increased four percent between 2011 and 2012. In total, there were 3,921 people who were killed in collisions involving large trucks over the course of 2012. A large truck is a truck that weighs more than 10,000 pounds.
  • In addition to the deaths, there were a total of 104,000 injuries in truck collisions in 2012.
  • In total, 330,000 large trucks were involved in motor vehicle accidents over the course of the 2012 year.
  • People who were in a different vehicle from the truck accounted for 73 percent of all truck accident fatalities that happened in 2012. This was a five percent increase in the number of non-truck occupants killed in vehicles after being involved in a truck collision as compared with the prior year.
  • People who were not occupants of any vehicle accounted for 10 percent of truck accident fatalities over the course of 2012. This was a decrease of 11 percent compared with the number of non-occupants who killed the prior year.
  • Truckers and passengers inside of large trucks accounted for 18 percent of truck accident fatalities in 2012. This was a nine percent increase compared with the prior year.

Since drivers face the biggest risk of dying in a truck accident, drivers should ensure that they are doing everything they can to stay safe. While a driver may be unable to avoid an accident caused by a negligent trucker, there are things motorists can do to reduce their risk. For example, drivers should:

  • Remember that trucks have large blind spots. There is a “no zone” that exists in the front, the side and the back of the truck. As GEICO reminds motorists, if a driver cannot see the trucker in the truck’s rear-view mirror, the trucker cannot see the driver.
  • Know that trucks have a longer stopping distance. A truck could travel the length of a football field once the driver has hit the brakes. Drivers need to ensure they do not get into the path of the trucker and should never cut off a trucker abruptly.
  • Pass carefully. You should not pull forward and move over until you are sure that you see the front of the truck in your vehicle’s rear-view mirror.

By following these driver safety tips, hopefully people can reduce the risk of being hurt or killed in a collision with a large truck.

Contact a San Antonio personal injury attorney at the Herrera Law Firm. Call 800-455-1054 or visit for a free case consultation.

Brain Injuries Can Affect You For the Rest of Your Life

Our San Antonio brain injury lawyers know that there are at least 1.7 million new traumatic brain injuries that occur each year and that many of these injuries are fatal. In fact, the Centers for Disease Control and Prevention (CDC) report that brain injuries account for 30.5 percent of all injury-related deaths.

A traumatic brain injury is often a life-changing event for the victim, leading to an extended rehabilitation period where the injured patient needs to re-learn basic skills such as walking and talking.  While the severity of the injury may be obvious, caregivers often don’t understand exactly what the victim is going through. Unfortunately, insurance companies may also try to downplay the lasting effects of the brain injury in order to reduce compensation for medical costs and pain and suffering when the brain injury results from a slip and fall or car accident.

Recently, however, more new evidence suggests that a brain injury can cause physical damage that not only has lifelong consequences in terms of affecting cognitive function, but also puts patients at risk for other serious conditions in the future. Further, a new HBO documentary, The Crash Real, may shed some light on what brain injury victims really go through, which could help to make the public more aware of the plight of brain injury sufferers.

Developing a Deeper Understanding of Brain Injury Consequences

Forbes reports that the new HBO documentary is the “definitive film on brain injury” and that there has never been another like it. The movie is a compelling account of the serious injury sustained by professional snowboarder Kevin Pearce, who suffered a severe blow to the head while attempting a technical trick called a cab double cork.

Pearce had been on his way to the Olympics before his accident, but instead ended up spending months in a rehabilitation facility learning to walk and talk again. His doctors also spoke in the film, reporting that he will forever be at risk of potentially fatal consequences if he suffers another blow to the head. Doctors also indicated that the damage done to Pearce’s brain will affect his vision and memory for the rest of his life.

The movie focuses not just on Pearce’s struggles to relearn basic life skills but also on the pervasive nature of the brain injury and how it affects every area of his life including the social, the mental, the physical and the practical. While Pearce reportedly hopes to snowboard again, the film gives the audience a first-hand glimpse into what an uphill battle brain injury sufferers face.

Unfortunately, recent new studies indicate that even when brain injury patients win their battle and recover their faculties, they still face lingering consequences. The study, published in MedScape, suggests there is a clear link between brain injury and ischemic stroke. Although researchers are not yet ready to confirm such a link exists, the data of more than 1,173,353 brain injury patients shows that there may be just as strong of an association between TBI and an ischemic stroke as there is between hypertension and ischemic stroke (hypertension is currently the top stroke risk factor).

As new evidence comes forward on exactly how far-reaching the consequences of TBI are, documentaries like the Crash Real could become even more important at helping to underscore to the public just how dangerous a blow to the head really is.

If you’ve been injured in an accident, contact the Herrera Law Firm at 800-455-1054 for a free case evaluation.

Death at Six Flags Over Texas Leads to Nationwide Concerns About Amusement Park Safety

Recently, a tragic accident occurred at Six Flags Over Texas. The Washington Post reports that a woman visiting the amusement park fell 75 feet while riding on the Texas Giant roller coaster, losing her life as a result of injuries sustained in the fall.

The accident has resulted in the Texas Giant being temporarily closed pending an inspection. Six Flags has reportedly ordered an internal review and is bringing outside investigators in to help determine the cause of the fatal accident. However, our San Antonio injury lawyers know that many safety groups are expressing concerns about whether the investigation will be enough and whether the report will be publicly available. Further, the tragic accident has also reignited debate about whether amusement parks should be regulated on the federal level rather than just by individual states.

Are Amusement Park Regulations Sufficient to Protect the Public Safety?

Currently, each individual state has the authority to establish its own rules for amusement parks operating within its borders. Different states have approached this responsibility in different ways, with some jurisdictions such as California requiring regular inspections by state inspectors. In Texas, inspections are also required annually but the inspections are conducted by the insurance company providing the park’s policy.

States also differ regarding who is in charge of regulating the industry and enforcing rules on amusement parks. In some jurisdictions, it is the Department of Agriculture, for example. In Texas, however, the Department of Insurance is the agency in charge of setting guidelines. The guidelines set by the Department of Insurance not only mandate an annual inspection on each ride but also require that amusement parks have $1 million in liability coverage on each ride.

Six Flags Over Texas was in compliance with the state requirements and the Texas Giant roller coaster on which the death took place had been subject to an annual inspection. Unfortunately, it seems clear that something went wrong despite this inspection, with the end result being a fatal accident.

While Six Flags has reported it will be conducting an in depth investigation into what happened, many have expressed concern that there is no requirement the inspection report be submitted to the state.  There are also concerns by some safety advocates that allowing individual states to regulate parks may not be sufficient to prevent further tragedies like this one.

Senator Edward J. Markey is a vocal proponent of federal laws regulating amusement parks and has expressed concern that a baby stroller is subject to tougher federal rules than a roller coaster that could reach speeds of up to 100 miles per hour.

Federal regulations could perhaps help to make the safety rules uniform across all jurisdictions and, if regulations were to pass, they might be tougher on amusement parks. Still, regulations can only go so far and inspections by state officials can only be so frequent. Ultimately, the responsibility needs to lie with every amusement park company to full its obligation to its patrons and ensure that the rides are safe so no injuries or fatalities happen.

If you’ve been injured in an accident, contact the Herrera Law Firm at 800-455-1054 for a free case evaluation.

Martin Medellin of Huntsville Dies After 18-Wheeler Trailer Falls on Him

Martin Medellin of Huntsville Dies After 18-Wheeler Trailer Falls on Him

A 48-year-old man who was working underneath the trailer of an 18-wheeler on Nov. 27 was killed after the trailer fell and crushed him, according to a report in the San Antonio Express-News.

The man, Martin Medellin of Huntsville, was welding legs to the bottom of the trailer, which was loaded with 40,000 pounds of paper, according to the news report. The trailer crushing accident occurred around 9:30 a.m. at Pro Logis Park, a San Antonio industrial park off AT&T Center Parkway, according to the article.

The trailer fell on the man apparently due to a malfunctioning jack stand holding up the trailer, according to the Express-News. An incident report described how employees attempted to use jacks to rescue the man, but the equipment broke. Eventually, workers used a forklift to raise the trailer and remove the injury victim.

Attempts by paramedics to revive Medellin were unsuccessful, and he was pronounced dead at the scene, according to the news report.

The Express-News reported that Medellin’s relatives were at the scene as police investigated the trailer accident.

As San Antonio trailer accident lawyers, we have seen first-hand how devastating a fatal accident can be on a family. We hope for a full and complete investigation and that any negligent individual or business is held accountable. Our thoughts and prayers go out to the victim’s family and friends.

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.


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.