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San Antonio Personal Injury Blog

Commercial vehicle crashes are unfortunately far too common

It may come as no surprise that being involved in a collision can be a stressful and scary experience. While there are a variety of scenarios in which an accident could place your safety at risk, with the inherent increases in size and weight, few may be as dangerous as those involving a commercial vehicle.

While you may frequently encounter such vehicles as you travel along Texas roads, you might be wondering if there is anything you can do to reduce the chances such a collision will take place. While practicing safe driving procedures can be helpful, in some cases, what happens next might be out of your control.

Risks associated with working on or near scaffolding

Working on scaffolding involves inherent risks, and if you are among the many people across Texas who make their living in construction or a similar industry, you may frequently rely on these temporary platforms so you can perform certain work-related duties. At Gamez Law Firm, we understand that working on or close to scaffolding can be hazardous for workers, and that, when scaffolding collapses or accidents occur, serious, and even potentially life-threatening, injuries can result.

According to the U.S. Department of Labor’s Occupational Safety and Health Administration, most scaffolds are either supported scaffolds, meaning they have load-bearing members underneath them, or suspended scaffolds, which rely typically on ropes for support. Working atop or below both types of scaffolds can prove dangerous, so it is important for you to recognize how many scaffolding accidents occur.

Is a grocery store liable if I slip and fall on the premises?

There is always a chance you could get hurt when you are going about your day. In some cases, you may be willing to take the blame for a fall, such as tripping if your shoelaces became untied. In other instances, an accident might not be your fault. You and other Texas residents may want to learn about how property owners may be liable for a slip-and-fall accident.

It is a scenario that is not as uncommon as you may think. While grocery shopping, you walk into the aisle and do not see the spill in front of your shopping cart. As soon as your shoe meets the wet spot, you slip and hit your head on the floor. Was the accident your own fault, or should the grocery store be held liable?

Phone addicts are speeding up the distracted driving epidemic

Drunk drivers pose a serious threat to everyone on the road. But are they the biggest problem for other drivers right now? According to one study, probably not. Phone addicts are creating a whole new problem and normalizing distracted driving.

Smartphones seem to be everywhere, and you may struggle to find a single person who does not own this type of technology. When used correctly, smartphones can be incredibly helpful. Many people in Texas use their phones for everything from applying for jobs to sharing family pictures with friends and loved ones. Unfortunately, the same things that make smartphones so useful can also make them addictive.

Older drivers and new technology are not a safe combination

Older people often struggle with learning how to use new technology such as smartphones. In-car technology is no exception to this, yet many newer vehicles come with more advanced features than ever before, including built-in navigation, Bluetooth connectivity with phones and voice controlled operations. 

Infotainment systems are growing in popularity as well, but they can also be quite dangerous. Studies show that older drivers are more prone to pay attention to these features while driving, and they are more likely to look away from the road for longer stretches of time. Like many others, you may associate distracted driving with phone use, but in many cases, hands-free features can be just as distracting as reading a text or typing an email.

What must you prove in a wrongful death action?

If your spouse or other close relative dies in Texas as the result of the negligence or wrongdoing of someone else, you can sue that person for the wrongful death of your loved one. As FindLaw explains, a wrongful death action represents a civil suit in which you ask for monetary damages to recompense you for the financial losses you suffered and will continue to suffer due to your loved one’s untimely and premature death.

You must prove all of the following in order to win your lawsuit:

  • That the defendant owed a duty of care to your loved one
  • That (s)he failed to live up to that duty and instead breached it
  • That this breach resulted in the wrongful death of your loved one
  • That the breach represented the proximate cause of death
  • That the death, in turn, caused you compensable monetary damages

Suffered a brain injury? Remember, you have rights

You spend your Friday morning creating your own musical performance in your car as you sing to the radio on your way to work. All of sudden, though, a car strikes you, causing your head to hit the steering wheel. With that, your show stops, and the proverbial curtain comes down.

Unfortunately, your car accident was the result of a negligent driver, and it ends up causing you a traumatic brain injury. Fortunately, though, you have the right to seek compensation for these injuries in Texas.

Who is at fault for injury on someone else's property?

When you think about a premises liability claim, you might think of a slip and fall at someone's place of business. Though that is certainly an example, this type of claim can also include dog bites, an accident at a hotel, injury in a parking lot or being hurt at a construction site. All these different instances may make it difficult for you to determine anyone's responsibility when hurt on someone else's property.

If you're unfortunate enough to suffer injuries as the result of someone else's negligence regarding their property, you'll want to act swiftly on your own behalf. You'll need to ensure that your claim is in accordance with any ordinances, whether they are local or for the state of Texas as a whole. If you're not sure who might be at fault, an experienced attorney will have some advice on how to determine that.

Proposed changes to trucker drive times could endanger public

The U.S. Department of Transportation is considering easing up on rules governing commercial trucker drive times across Texas and the nation, and while the trucking industry might view the proposed changes as a win, the motoring public is unlikely to do the same. At Gamez Law Firm, we understand that rules governing trucker drive times are in place to enhance public safety, and that, while easing up on these regulations may help today’s trucking companies, doing so potentially places everyone on the roadway in danger.

According to the Associated Press, supporters of relaxing the current regulations governing trucker drive times contend that doing so will lead to greater flexibility for truckers. Opponents, meanwhile, contend that supporters asking for “greater flexibility” are really asking for deregulation, and that deregulating trucker drive times can increase truck driver fatigue and, as a result, commercial truck crashes.

Police report information important to after-accident claims

After a serious car accident, you may be worried about what you are supposed to do. You may feel confused or even be in a state of shock. Though you may seem unhurt due to the adrenaline you feel, you may have really suffered injuries in the incident.

Most often, police officers and other emergency personnel come to the scene of a crash. If you suffered injuries, emergency medical service workers may take you to the hospital, and still, you may not know what to do about handling the accident. Of course, taking care of your health is a top priority, but officers may come to the hospital to question you about the incident.

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