Posted on February 07, 2014 in Uncategorized

After the recession hit, most of the workforce who were close to retiring had to make a difficult choice to delay retirement. A Gallup poll predicted nearly a 75 percent increase in workers who are over the age of 55 by 2020. Whereas younger employees are more likely to be injured by running into things and overexertion, older workers are presented with other dangers at work.

A new study by members of the Association of Occupational Health Professionals in Healthcare noticed that the aging workforce is more susceptible to slip and fall accidents at work. Ken Scott, MPH, and Lee Newman, MD, MA, FCCP, FACOEM reviewed data from the 2010 Bureau of Labor Statistics Survey of Occupational Injuries and Illnesses as well as the Current Population Survey. Scott stated that “injuries due to slips, trips and falls become more frequent as employees age. The risk of a slip, trip, and fall injury was about five times higher among workers 65 and over than workers age 18 to 19.” They also offered possible explanations for why older workers face different injuries on the job.

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 Posted on January 31, 2014 in Uncategorized

As a consumer you are afforded a guarantee when you purchase a product from any company be they a manufacturer, distributor, or retailer. These sellers are responsible for providing products that are free from unreasonable defects. Unfortunately, dangerous products still cause injuries to consumers every year. Those who suffer due to a defective product can seek restitution by filing a product liability lawsuit.

There are three major types of product liability claims that can be filed by a consumer. The first is a defective design suit which means that product was drafted with some inherent flaw that makes it dangerous and not an error with the fabrication. For this type of product liability claim, it is necessary to prove that there was a possible alternative design of the product that would reduce the risks and still serve the same purpose.

The second type of product liability claim is a defect in manufacturing. That is when the process of creating the product does not follow the manufacturer’s specifications. Some error occurred in the making of the product. Where a design defect would affect all of the products, the manufacturing defect would only affect a small amount of the total products due to a manufacturing error.

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 Posted on January 26, 2014 in Uncategorized

Slip and fall accidents can occur anywhere and cause very painful injuries. But if they occur on another person’s property, there is a way to recover medical expenses and other expenses from the injury like lost wages and replacement clothing. Filing a personal injury lawsuit against the property owner who was negligent in the care of their facility can provide these benefits. But in Texas there are certain laws that guide liability and compensation in these incidents.

One of the aspects that will be reviewed during your case is your legal status on the property. That status will determine what the premises owner can be expected to do to keep you safe. For example, if you have trespassed on the property without permission, the only care the owner must take is to avoid your willful or conscious harm. If you are invited on the other hand, the premises must be reasonably safe of any danger.

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 Posted on January 22, 2014 in Uncategorized

According to the Center for Disease Control and Prevention, there are more than $1.7 million traumatic brain injuries in the United States every year and about 75 percent of those are concussions. People can suffer from concussions for a number of reasons. Many people get concussions from playing sports, but they are also very common from every day activities like falling off of a bike or from traumas such as getting in a car crash. If you or someone you know has suffered from a brain injury, it is important to know the difference in severities of each type: concussions, mild brain injury, moderate brain injury, and severe brain injury. The type of injury is determined by the following:

• If the victim was unconscious
• How long he or she was unconscious

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 Posted on January 18, 2014 in Uncategorized

David Rodriguez, 32, was sentenced to life in prison in mid-December for his role in the death of 17-month-old Welsey Masporo last year. Rodriguez, who was “fleeing from police because he had 419 pounds of marijuana in his vehicle,” was driving the wrong way on an I-35 access road when he slammed in the Masporo family’s station wagon, according to KSAT News. “Though injured herself, Regina Maspero [the child’s mother] said she began searching for her children following the crash. ‘I was looking for him, and he was face down in his car seat,’ she told jurors,” as reported by KSAT.

Welsey wasn’t the only of Maspero’s children that was killed in the accident, either—her 3-year-old son Walter “was also killed in the wreck,” reports KSAT. Rodriguez, in addition to the sentencing he received for the baby’s death, is also facing murder charges for Walter’s death and federal drug charges. “It took the jury a scant 45 minutes… to decide that [he] should be sent to prison for life,” according to KSAT. According to the Federal Bureau of Investigation, police pursuits, such as the one Rodriguez was engaged in at the time of the fatal accident, “provide some frightening statistics.” Most police chases, unlike the Rodriguez incident, involve a routine traffic stop violation. “One person dies every day as a result of a police pursuit,” the FBI reports.

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 Posted on January 14, 2014 in Uncategorized

The death of a New Braunfels high school student rocked the community in n-11-after alleged Internet rumor fueled an assault. Logan Davidson, 15, was punched twice in the hallway of Canyon High School, an attack that “was witness by several students and captured on more than one video camera,” according to the San Antonio Express-News. The suspect was unidentified because of his age. “No evidence of bullying history between the boys had been verified, police Captain John McDonald” told the San Antonio Express-News. After being punched twice in the head, Davidson fell over and struck his head against a wall as he fell. Police reported that the attack was not a fight, but an assault—a crime that could carry sentencing congruent with a felony charge. According to a Teen Resources page from the Texas Attorney General’s Office, the act of punching someone in the hallway at school is considered assault. If the victim experienced serious bodily harm, the charge is elevated to aggravated assault. Canyon High School graduate Ashtin Caddell, 21, told the Express-News that, “it’s very heartbreaking that two lives were ruined. One died and the other could go to prison.” Immediately following the incident two funds were set up for both families of the boys involved. The suspect, a sophomore, was being held on house arrest following the incident, according to the Herald-Zeitung. In December, a judge lessened the restrictions that had been placed on the boy. “He allowed family visits, family telephone conversation. He allowed home schooling. He allowed more leeway as far as his movements,” according to the Herald-Zeitung. While his restrictions may have been lifted, the punishment the unnamed sophomore faces could still be severe. According to the Herald-Zeitung, “a Bexar County medical examiner listed the manner of death as a homicide.” If you or someone you know has been injured in a fistfight or been the victim of aggravated assault, you are likely eligible for compensation. If you suspect that you may be, the most important first step is to contact a personal injury attorney. Contact The Bettersworth Law Firm today for a free consultation.

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 Posted on January 11, 2014 in Uncategorized

Bike lanes are becoming increasingly popular in cities throughout Texas, providing a healthy and affordable way for individuals to exercise and commute to work. Currently, there are bike lanes and bike support initiatives used in multiple Texas cities, including Austin and Fort Worth. Although bicycles are regularly used for transportation, unfortunately, they are often still involved in serious crashes with motor vehicles. These cases should be handled by a personal injury attorney who can fight for the compensation that victims deserve.

Cars colliding with vehicles occurs most often in cities, where more individuals tend to rely on bicycles as their method of transportation. A report from the University of Texas discovered that 68.3% of bicycle and car roadway crashes in the Houston-Galveston area, for example, occurred within the city limits. Bicycle accidents are a nationwide concern, even though greater awareness and visibility has helped to reduce the number of accidents and deaths for cyclists since 1995. Despite these decreases, it is expected that the total cost for bicyclist injury and death is more than $4 billion each year.

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 Posted on January 07, 2014 in Uncategorized

A 39-year old man was killed in a pedestrian accident near east El Paso earlier this month, and the suspect has been taken into police custody. Although the pedestrian was not using a crosswalk at the time, the driver of the Chevrolet Malibu who allegedly hit the pedestrian left the scene of the accident only to return later. Police state that the driver could be facing serious penalties as a result of the accident and leaving the scene. The victim, Victor Perez, was taken to Del Sol Medical Center where he passed away from his injuries.

Accidents like this one may be grounds for a serious personal injury lawsuit should the victim survive. If you are involved in an automobile on pedestrian accident, it is important that everyone stay at the scene of the incident until directed otherwise by emergency medical personnel or law enforcement. As a pedestrian victim, you are likely to face critical injuries that could alter your quality of life significantly. Even if you believe that you have not sustained vital injuries, you should be seen by medical professionals as soon as possible for a full evaluation.

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 Posted on January 03, 2014 in Uncategorized

The American Trucking Association is encouraging the Department of Transportation to take a deeper look at the impact of impaired truck driving. Drivers under the influence of alcohol or other drugs can be affected by a lack of focus and poor judgment on the road. This can lead to dangerous trucking accidents with injuries and even death. The current process for testing truck drivers is via urine, but the American Trucking Association wants the Department of Transportation to instead use hair samples.

The goal of this change is to curb the number of drivers on the road under the influence of drugs. The ATA argues that too many truck drivers knew how to pass a urine test even when they were under the influence. A drug test of a hair sample, however, would indicate the truth.

Representatives from the ATA believe that it’s the responsibility of the government to make this high quality drug testing tool available to motor carriers across the country. Impaired driving has been a focus for state and federal agencies and legislators recently. The most recent report from the NTSB, for example, is solely focused on reducing incidents of driving impaired by alcohol.

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 Posted on December 28, 2013 in Uncategorized

Driver safety is a huge concern for everyone. But it is often the drivers who pose the biggest threat to themselves. That is why auto safety regulators are trying to use advances in car technology to improve safety on the road. National Highway Traffic Safety Administration Administrator David Strickland said that “Ninety percent of all crashes have an element of human errors. We really need to focus on what more we can do to address these risks.” In the past, automakers have typically balked at including safety measures in their vehicles. They resisted safety restraints, air bags and even backup cameras. But they are fully supporting a new safety initiative that will seek to stop drunk driving. Insurance companies also believe this technology would greatly reduce claims and deaths. The NHTSA and seventeen different automakers are engineering a system called the Driver Alcohol Detection System for Safety, or DADDS. It may use current technology like automatic braking and collision warning. It will also integrate a blood alcohol sensor that could lock the transmission if the driver is above the legal limit of .08. There are some people who have an issue with this new development in car safety. The restaurant lobby has called this initiative as an example of the encroaching nanny state of government. Others say that the new equipment required for this new system would add hundreds of dollars to the cost of a new vehicle. There are also concerns that the technology may cause false positives that would frustrate drivers and possibly stop them from purchasing new automobiles. The DADDS program is still being researched at this time. The first prototype is scheduled to be operational in a couple of years. Until the time when blood alcohol levels can be measured unobtrusively this may not be a reality. Drunk driving is still a legitimate threat to the safety of other drivers. If you or your loved ones have been injured by a drunk driver, then you should seek the consul of an experienced personal injury attorney in New Braunfels today.

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