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.

The number of fatal traffic accidents is up substantially this year — increasing concern among safety advocates who know the last three months of the year are typically the deadliest.

The National Safety Council reports 21,560 people were killed in motor-vehicle accidents through July 2012. San Antonio personal injury attorneys understand a host of factors often converge to make autumn the deadliest time of year on our roads.

-Back to school brings the big yellow buses back to the road and increases neighborhood bicycle and pedestrian accident risks.

-The end of daylight savings time brings early dark – shutting the lights out on the evening commute and increasing accident risks.

-Poor weather.

-The trio of year-end holidays bring a drastic increase in travel.

-Drunk driving risks are typically greatest during the football season and the end-of-year holiday season.

While the number of serious and fatal traffic accidents has declined steadily since the beginning of the economic downturn, that trend has likely ended. With more people back to work — and more people traveling — everyone’s accident risks increase.

Through August, Texas traffic fatalities jumped 19 percent, one of the largest increases in the nation. Thus far this year, 2,141 people have died in accidents — compared to 1,869 for the same period last year and 1,796 for the same period in 2010. Only North Dakota, Massachusetts and California reported a greater percentage increase. And Texas was the only state in the nation to report more than 2,000 roadway deaths during that time period.

While it’s true no one can eliminate their risks, the truth of the matter is that there is much the typical driver can do to reduce their risk of a serious or fatal accidents.

Speeding: Speeding is involved in one-third of all fatal accidents. It decreases your reaction time and increases the force of impact.

Drunk Driving: Drunk drivers kill more than 10,000 motorists a year, also accounting for more than one-third of all traffic deaths.

Distracted Driving: Distracted driving has reached epidemic proportions in this country. While challenges with reporting methods have made concrete statistics elusive, the U.S. Department of Transportation estimates that at least 3,092 drivers were killed and more than 416,000 were injured in crashes involving distracted drivers in 2010.

Aggressive Driving: While we are all familiar with the classic cases of road rage, which typically involves physical assault or other criminal act, most of us are guilty of one or more forms of aggressive driving. This can include speeding, weaving in an out of lanes, failure to use turn signals or obey traffic control devices and tailgating.

Drowsy Driving: This is also a big one, particularly alone desolate stretches of Texas highway. Early darkness and the time change can also impact the number of accidents caused by drowsy driving. And the year-end holidays can be a time of stress and sleep deprivation for too many of us.

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

The Express-News is reporting the tragic death of a toddler killed by his grandfather in a backover car accident in San Antonio.

Our personal injury attorneys most often see these accidents in parking lots or private driveways. There is a particularly high risk as we head into the holiday shopping season, when malls are busy and large family gatherings pack driveways across South Texas.

About 50 injuries and two child deaths a week are reported as a result of backover accidents — relatives are most often to blame. Emotions run high in such cases, and suing a family member can feel like assessing blame. Speaking to a wrongful death attorney can help protect your rights. In most cases, a claim should be filed in as amicable a manner as possible against the driver’s insurance policy.

In this case, the 3-year-old boy was killed on the North Side after his grandfather backed over him in an SUV, according to authorities. He was rushed to a nearby hospital, where he was pronounced dead. Police are treating the case as an accident and criminal charges are not anticipated, according to the Express-News. It’s at least the second fatal backover accident in San Antonio in the last year — a man ran over and killed his 1-year-old nephew last October. Other local cases were reported in November 2007 and May 2008. Both of those cases involved a parent striking their child.

KidsandCars.org reports children ages 1-2 are most at risk in these types of accidents.

-Walk around your vehicle before moving it.

-Know where children are and keep them in full view.

-Teach children never to play around parked vehicles.

The National Highway Traffic Safety Administration was so concerned about this issue that it mandated all new vehicles come equipped with backup cameras by 2014. Unfortunately, the agency has since caved to pressure by auto manufacturers and has delayed implementation of the proposed rule. The government estimates 292 deaths and 18,000 injuries occur each year as a result of backover accidents.

The New York Times reports backup cameras are already standard on 45 percent of new vehicles. The problem has been exacerbated in recent years by the large number of vehicles built on truck and SUV frames. These larger vehicles have larger blind spots — particularly to the rear of the vehicle.

“(D)rivers must remember that no technology can, or should, replace full attention and vigilance when backing up.” said NHTSA Administrator David Strickland in announcing the new rule in 2010. ” Always know where your children are before you start your car and make sure you check that there is no one behind you before you back up.”

Nearly half of these incidents involve children under the age of 5, while one-third involve senior citizens over the age of 70.

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

It’s either the Cowboys or the Texans.

For those college football fans, Texas has 10 Division 1-A schools, including University of Texas, Texas A&M and Baylor.

Whichever team you are rooting for this year, safety officials urge you to do so responsibly. Organizations like the National Safety Council are reporting more traffic deaths will occur this year than last. Texas, California and Florida lead the nation. Whether tailgating for hours before the game, or joining friends and family at a private party, celebrating responsibly is the key to making it home safely.

San Antonio personal injury lawyers know that about one-third of all fatal accidents involve alcohol — claiming more than 10,000 lives a year, according to the National Highway Traffic Safety Administration. Somewhere in America, a motorist is killed in an accident with a drunk driver every 50 minutes. And the last three months of the year — from the start of football season through the year end holidays — are routinely the most dangerous.

Mothers Against Drunk Driving and the National Football League are joining forces for the third year in a row, urging fans to “play the most important position in the NFL — the Designated Driver.” The campaign will include MADD booths at many NFL games, as well as parking lot signage and other safety efforts. Through MADD’s “Power of You(th)” Facebook page, teens are also urged to take a pledge not to drink before age 21 and to never ride with someone who has been drinking.

In the last decade, the increasing popularity of tailgating before games has increased the risk. One study by the University of Colorado, which examined arrest records on game day in 26 college towns, found a 76 percent increase in alcohol violations and a 13 percent increase in drunk-driving accidents.

Nationwide, the U.S. Department of Transportation reports 10,228 motorists were killed in car accidents involving alcohol in 2012. In Texas, nearly half of all fatal accidents (48 percent) involved a driver who was under the influence of alcohol — accounting for 1,450 of the state’s 2,998 traffic deaths. Only South Carolina, at 51 percent, had a greater percentage of drivers involved in fatal accidents who were under the influence. And Texas recorded the most deaths. No other state reported more than 1,000 deaths involving intoxicated drivers in 2010, the most recent year for which statistics are available.

The Texas Department of Transportation urges motorists who have been drinking to designate a driver, call a cab or spend the night. Those having football parties also have an obligation to be responsible hosts:

-Serve plenty of food and non-alcoholic beverages.

-Having the number of a taxi service or other alternative transportation options available.

-Never serve an underage person alcohol.

-Stop serving alcohol well before the end of the game and offer coffee or other non-alcoholic alternatives.

A conviction on a first-offense charge of driving under the influence can result in up to 6 months in jail, the suspension of your driver’s license for a year and a fine of up to $2,000.

Please root for the home team responsibly — and help make sure that your friends and family members do the same!

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

Many travelers who plan to use Texas 130 between Austin and San Antonio are hailing the new 85 mph speed limit that makes the 41-mile stretch of toll road the fastest highway in the nation.

San Antonio personal injury attorneys urge a healthy dose of caution. While we understand the move by the Texas Transportation Commission may ultimately bolster the argument for increasing speeds on Texas’ vast stretches of highway, we also know all too well the role speed frequently plays in serious or fatal accidents.

The Express-News reports the soon-to-be-opened toll road runs from just south of Austin to Interstate 10 in Seguin. The speed limit on the existing toll road is 80 mph. The new 85 mph limit will be the fastest in the country and has been making news nationwide. Not everyone is pleased. Groups like the Insurance Institute for Highway Safety and the Governors Highway Safety Association are concerned increased speed will lead to more frequent and more serious accidents.

“When you increase speed limits, you have an increase in the severity of injuries,” Lee Friedman, a professor at the University of Illinois at Chicago, told The Wall Street Journal. He noted many Texans will exceed the new limit by 5 or 10 mph, putting the average speed at more than 90 mph — or faster than the average speeds on the famed German autobahns.

“The research is clear that when speed limits go up, fatalities go up,” said Russ Rader, a spokesman for the Insurance Institute for Highway Safety. The National Highway Traffic Safety Administration’s 2011 Speeding Attitudes and Behaviors Survey found speed-related crashes, which include driving too fast for conditions, claim more than 13,000 lives each year at a cost of $40 billion. In fact, speed joins drunk driving as the top two causes for fatal accidents nationwide. Texas reports more than 1,400 speed-related deaths each year, second only to California.

Of course, it takes longer for a driver to react at higher speeds, which can make it more difficult to avoid an accident. Higher speeds make it harder to steer around objects in the road. And it takes longer to stop. It also increases the distance a vehicle travels before a driver can react to a dangerous situation. But physics is the primary reason why speed kills.The force of impact doubles for every 10 mph increase in speed over 50 mph.

Statistics show that fatal crashes increased by more than 20 percent when the United States began raising highway speeds from 55 to 65 mph after Congress repealed the National Maximum Speed Limit in 1995. For most of us, driving at highway speeds is the most dangerous part of our day. Increased speeds will make safe driving habits even more important.

The Texas Department of Transportation offers the following highway safety tips:

-Do obey the speed limit – and that includes making adjustments for weather, visibility or other driving conditions.

-Keep right.

-Pay particular attention around large trucks.

-Move over for stopped emergency vehicles on the shoulder of the road.

-Give yourself frequent rest breaks.

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

Maybe you are just a bad driver. 

We know. You don’t think so. It’s the other guy. The speeder. The distracted driver. The old driver. The young driver. The tourist. The motorcyclist. The crazy cyclist. When it comes to car accidents in San Antonio, there are a lot of crazies out there. You’re just not one of them. Even if you do occasionally travel in the left lane with your blinker on, while sending a quick text message.

San Antonio wrongful death attorneys understand the role distraction plays in car accidents. Certainly, the advent of the cell phone has been no boon to driver safety. But we are not surprised by a new report in Science Magazine, which essentially found that a good driver is not made by taking a cell phone away from a bad driver.

It’s an important point — particularly given the fact that Texas lawmakers have steadfastly resisted distracted driving legislation, which would criminalize some forms of distracted driving, including text messaging or using a hand-held cell phone behind the wheel. According to the Insurance Institute for Highway Safety, Texas is one of a dwindling number of states that has done little to legislate the issue. We have a text-messaging ban for young drivers, but continue to permit adult motorists to use electronic devices while driving.

Still, despite the fact that 10 states have banned all drivers from using hand-held cell phones and 32 states have banned texting behind the wheel, researchers are finding scant evidence that such efforts are reducing the number of serious or fatal accidents. Moreover, the number of fall traffic accidents nationwide has declined throughout the economic downturn, even as the popularity of the smartphone has put one in nearly every hand.

Now, findings published in the August issue of Accident Analysis & Prevention suggest drivers prone to using a cell phone behind the wheel may not be much safety without it. Researchers at Massachusetts Institute of Technology in Cambridge report cell phone-using drivers are also more likely to speed, change lanes excessively, and tromp on the gas or brake more frequently.

“It’s clear  that cell phones in and of themselves impair the ability to manage the demands of driving,” said MIT Engineer Bryan Reimer.  “(However), the fundamental problem may be the behavior of the individuals willing to pick up the technology.”

More than 100 drivers were split into two groups — those who reported using cell phones regularly while driving and those who reported rarely doing so — and sent up I-93 north of Boston on a 40-minute drive monitored by a Volvo SUV outfitted with video cameras, skin monitors and other recording devices. While drivers were not given a cell phone, those who reported they were more likely to use one while driving were also more likely to engage in other dangerous driving behaviors. Those drivers also were more likely to have a history of driving infractions.

The results jibe with the Traffic Safety Culture Index, a report conducted each year by the AAA Foundation for Traffic Safety, which looks at driver attitudes as they relate to various driving issues, including drinking and driving, cell phone use and text messaging, speeding, red-light running, drowsy driving and seat belt use. That report continues to show far too many drivers admit to engaging in dangerous driving behaviors, despite being concerned about the same behavior in other drivers.

“This ‘do as I say, not as I do’ attitude that persists among drivers needs to change before we can experience a traffic safety culture where safe driving is the key,” said Foundation President Peter Kissinger.

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

A San Antonio school bus driver can claim to be the nation’s best.

Michael Castaneda earned second place at an International bus driving competition. The event was won by a Canadian, making Castaneda the top finisher in the United States. He once again starts the school year this month as a bus driver for North East Independent School District here in San Antonio. He’s up at 5 a.m. and averages 100 miles a day. The bus’ seven mirrors help him to see around fenders and tires; making sure children are clear before leaving each stop is critical.

San Antonio personal injury attorneys understand motorists often grow frustrated with the return of the big yellow buses to our roads each year. And the risks for pedestrian accidents and bicycle accident increase, particularly in residential neighborhoods, near bus stops and around schools. But when it comes to school bus accidents, the majority of the risk occurs as students are boarding or deboarding the bus.

The National Highway Traffic Safety Administration reports school bus accidents most often seriously injure or kill young pedestrians. Two-thirds of those are struck by the bus. Nearly half of such victims are 5 to 7 years old.

It’s another reason why the law requires motorists to stop when approaching a school bus displaying red flashing lights. This signals the bus is loading or unloading passengers. Motorists should watch for children crossing the streets around the bus, and for those who may be running to catch the bus. The Texas Department of Public Safety warns motorists of fines of up to $1,000 for a first offense. A six-month suspension of your driver’s license is possible for a repeat offense.

“When a school bus is loading or unloading students, the law requires that drivers stop on most roadways,” said Col. Thomas A. Davis, Jr. “Drivers must slow down, obey school zone speed limits and stop for school buses to ensure the safety of Texas school children.”

Using extra caution around school buses can also keep a motorist out of a traffic accident in San Antonio, where motorists fare particularly poorly when a school bus is involved. The U.S. Department of Transportation reports that most people killed (72 percent) in accidents with school buses are the occupants of passenger vehicles.

“It takes us maybe five times more space to stop than you do,” Castaneda said.

Please do your part as the school year gets under way, and help us keep our children safe as they return to class.

-Parents: Talk to your child about the importance of safety around the school bus, and when traveling through neighborhoods. Make sure they understand pedestrian and bicycle safety measures, know what to do if approached by a stranger, and can tell an adult how to contact you in case of emergency.

-Children: Leave in plenty of time to arrive at the bus stop 5 minutes early. Use crosswalks and sidewalks. Never board the bus until the driver signals you to do so. Never attempt to retrieve an item dropped beneath the bus. Don’t engage in horseplay on the bus or at the bus stop.

-Teen Drivers: Pay extra attention around schools, in school zones and when traveling through residential neighborhoods. Make sure you arrive at school safely. Limit distractions. Understand your chances for an accident increase dramatically with each young passenger in your vehicle. Understand the requirements to stop for a school bus that is loading or unloading passengers, unless separated by a divided highway.

Motorists: Please obey the law and exercise a little patience. Use extra caution around schools, bus stops and in residential neighborhoods, particularly in the early morning and afternoon hours. More than two-thirds of all fatal school bus accidents occur from 7-9 a.m. and 3-5 p.m.

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

Additional Resources

San Antonio can claim nation’s best school bus driver, WOAI.com, Aug. 22, 2012.

Here in Texas, we love our pick-up trucks. We use them for work, personal errands and fun with friends and family. But some Texas pick-up truck accidents involve one of the most popular trucks in the country: the Dodge Ram 1500 pick-up truck. It’s a top selling truck and yet has just been named as one of the most dangerous vehicles in the country, due to very poor safety ratings. That means Texas truck driver injuries could be avoided, if truck buyers take the time to read safety reviews before making their purchase.

According to an article in the New York Daily News, the Insurance Institute for Highway Safety, Consumer Reports, the National Highway Transportation and Safety Administration and consumer analyst JD Power put the Dodge Ram at the top of its Worst Cars list. The main truck crash danger is roll-over accidents but the cars and trucks on the list have a hefty roster of low safety ratings, including side-impact collisions and defective seatbelt accident injury concerns. There are many causes of truck accidents in Texas, but it pays to avoid known hazards before buying a truck.

The Texas personal injury attorneys at The Herrera Law Firm, Inc. encourage everyone to study safety ratings of any vehicle they’re considering buying. If you’re in the market for a pick-up, pay close attention to statistics regarding pick-up truck roll-overs, malfunctioning seat belts, failed brakes and side-impact faulty airbags.

Because passenger injury in truck accidents is common, it’s also a case of protecting our loved ones. In any Texas car crash or truck accident, you need to know about safety ratings and if passengers are properly protected as well, in terms of safety belt restraints and airbag deployment reliability. The car manufacturer could be to blame if it has known mechanical problems.

Other cars on the list of most dangerous cars on the road were the Chevrolet Colorado Super Cab, the Mazda CX-7, the Mazda CX-9, the Nissan Pathfinder, the Jeep Wrangler and the Suzuki SX4.  There were no European automakers among the worst-scoring seven models, which contained three US-made cars and four Japanese-made models.

Remember, even though certain pick-up trucks have a reputation for being tough and sturdy, dangerous trucks and unsafe pick-ups are not worth the risk. Whether you’re in downtown San Antonio or out in the Hill Country, pick-up truck safety ratings are vital resources for anyone considering buying a truck.

At The Herrera Law Firm, Inc., we believe in aggressive legal advocacy for all pick-up truck accident injury victims. If you or a loved one has been in a truck collision, call a tough personal injury lawyer in Texas. Call us at 1-800-455-1054 or complete our online contact form to schedule a free consultation.

The Herrera Law Firm, Inc.
111 Soledad St., Suite 1900
San Antonio, TX 78205

Getting behind the wheel and driving may be a thrilling rite of passage for teenagers, but it can be frightening for their parents.

Many parents or caregivers fret over their children’s behavior behind the wheel: Are they texting while driving or talking on a cell phone? Did they drink alcoholic beverages at a party and try to drive home? While well-known distractions like cell phones and poor decisions like drunk driving are cause for alarm, an overlooked distraction is starting to get attention: Friends riding with teenage drivers.

At The Herrera Law Firm, Inc., we have seen first-hand the devastation caused by distracted driving. Whether it’s by a young driver or an older, experienced driver, distraction can lead to serious injuries and even death. Contact a San Antonio car accident lawyer to learn about your legal rights if you were injured or a loved one was killed due to distracted driving.

Studies reveal that teenagers who are driving with another teenage passenger have twice the risk of being involved in a fatal car accident than teenagers who drive alone. When three or more peers are riding as passengers in a car operated by a teen, the risk of a fatal crash goes up by four times. Studies by the Children’s Hospital of Philadelphia, and State Farm, examined the potentially deadly mix of multiple teenagers riding in a car.

The Children’s Hospital study, which included a survey of 198 teenage drivers, found that teens mostly likely to drive with multiple passengers were “thrill-seekers.” According to the study, these youngsters did not accurately understand the inherent risks of driving, and believe their parents were not monitoring their behavior. A researcher said these teens fortunately were in the minority, according to an article in Time magazine.

The State Farm study, which included a survey of 677 teenage drivers involved in serious car accidents, compared the likelihood of driver distraction and risk-taking just before the crash when teenagers were driving with additional passengers and when they were driving solo.

One conclusion of the study is that teens may not understand how distracting their passengers can be. It’s wise for parents to discuss with their teenagers the risks of driving with their friends.

A researcher told the Atlanta Journal Constitution that among teens who said they were distracted before the car wreck, 71 percent of males and 47 percent of females said they were distracted directly by the actions of their passengers.

If you were injured or you lost a loved one in a car accident due to the negligent behavior of another individual or entity, remember to contact a personal injury lawyer in San Antonio to see how we can help. Call 1-800-455-1054 or visit www.herreralaw.com.

The Herrera Law Firm, Inc.

Riverview Towers
111 Soledad St., Suite 1900
San Antonio, TX 78205