We tend to feel like auto accidents happen to others, but not us. We take driving for granted and hope nobody crashes into us. But the reality is that the highways are dangerous places to be, and we need to do all we can to increase our chances of avoiding crashes and serious injury. You may not be able to control the skill, actions or speed of other drivers, but there ARE ways to reduce your chances of having an auto accident AND reduce the level of injury should you crash. First and foremost – it is always safer to be buckled in with your seatbelt than not, so starting today, BUCKLE UP every time!

You can also help yourself by knowing what to do should you be involved in a motor vehicle accident. Consider these Do’s and Don’ts for driving:

DO’s

• DO examine your vehicle regularly. Make sure nothing is hanging off the undercarriage or coming loose. Be sure you have oil in your vehicle and it is kept at the right level. Examine tires for wear – don’t ride with little or no tread, as this can cause a blowout and a possible wreck.
• DO follow posted signs, don’t make illegal turns, and don’t run red lights. You are putting yourself and others at risk to save just a minute of time.
• DO be constantly aware of your surroundings. Whether you’re heading onto the highway or on the back-streets, be aware of who and what is around you. We tend to go on autopilot during long car rides or when freeway driving, and losing focus can raise your risk for an accident.
• DO keep an emergency kit in your car which includes: a camera, pen and paper for taking notes, a card with any medical information paramedics should know about you, as well as a set of small cones or warning triangles.
• DO learn the proper way to get back on the road if you run off the burm, and learn how to handle your vehicle in a spin or a swerve. Go to a practice course/take a safe driver’s course.

DON’T’s

• DON’T drive unless you have to if weather is bad.  Heavy rain and fog can make driving dangerous. Don’t put yourself in a situation where you are driving in limited visibility unless it is absolutely unavoidable. Driving in bad weather conditions is an easy way to up your chances of being involved in an auto accident.
• DON’T get into a car with a drunk driver. It simply isn’t worth the risk to ride with someone whose reaction time and skills are impaired by alcohol. Anything more than one drink and that driver is over the legal limit. Be willing to take taxis when out with friends and share the cost if you can’t get a designated driver.
• DON’T primp in the mirror, do your hair or makeup while driving. Tempting when you are running late – but risky. It is far more important to concentrate on the cars in front of you. It only takes a few seconds in the mirror to miss something or improperly gage the flow of traffic.
• DON’T use that phone!  Another big distraction – the cell phone – make your calls before getting in the car, and return calls when you reach your destination. Calls and texts should only be done if you are off the road – pull over to use your phone, then resume driving.
• DON’T get irate and argue at the scene of an accident. It’s never a good idea to get aggressive during this situation. It’s important to swap insurance information then don’t speak until the police arrive. Take pictures of the scene if you can. Focus on taking notes about what happened, not on yelling at the other driver.
• DON’T hesitate to report a reckless driver. If you see a car going well above the speed limit, or driving recklessly, call Highway Patrol and report the license plate – just put that number in your phone (but don’t call until you pull over!)

Teach yourself and your loved ones these safe driving tips and you will lessen your chances for an auto accident or injury. Always be safe when walking or biking too – watch for upcoming articles on pedestrian and cycling safety!

You’re injured?  Fortunately, Texas law provides protection for people that are injured as a result of someone else’s fault.  . From slip and fall, medical malpractice, wrongful death, dog attacks, and work related injuries to auto accidents – thousands of lawsuits have to be filed in Texas, many times because insurance companies will not offer a fair settlement/compensation to injury victims.

So what is a personal injury claim? First and foremost, someone has to have contributed to or caused the injury/accident, whether directly or indirectly (by negligence or carelessness).

So do you have a case? Should you try to negotiate on your own? If you do, could it or should it go to trial?

There are pros and cons to both Trial and Settlement, keep on reading to find out the basics.

Benefits of Settlement

If you hire an attorney your attorney will use his or her experience and abilities to negotiate the best possible settlement offer from the other party (also known as the “defendant”) or their  insurance company. Why should you settle?

*It’s could be less risky than heading to court (you could lose and get zero)

**It’s less expensive (less time on the part of the attorney/law firm, along with other court costs)

**It’s less time consuming and you can resolve the case quicker, whereas trials can drag out over a year or more

**It’s not as hard on the plaintiff and/or their loved ones – not as emotionally and physically draining as a trial in court

**Get your life back to normal sooner/ Move on sooner

So personal injury attorneys will often suggest a reasonable settlement rather than a trial. A settlement means you are getting a check – it’s a sure thing.

Consider that it takes months, a year, or longer for a court date to become available and the trial to take place. And you have no idea how the jury will react to evidence, who they will believe or what they will think—it is a risky undertaking to convince a jury of whether you should receive compensation in a case.  After months of court litigation, you could potentially end up with a big fat ZERO.

Attorneys will evaluate your personal situation

Your personal injury attorney should review all the details of your settlement with you and help you decide if it is the right choice. They carefully evaluate your claim and the case that the defendant has. In conjunction with the other side’s attorney, a settlement offer will be determined and then it is up to you to accept, or reject, that offer.
Always do your research and select a skilled personal injury attorney with a good track record.  Do your homework and make sure the law firm you choose has handled cases like yours, successfully.

But note that even the most experienced lawyers sometimes need outside help, and they may consult mediators or facilitators to help resolve a settlement. Sometimes mediation fails of course, and sometimes insurance companies WANT their customer to go to trial. 
Benefits of a Trial

**Possibility of receiving a higher/the highest possible amount for your claim

**A chance to document all details of your claim (for the record)

**The ability to appeal the decision

YES you could get MORE MONEY if you win in court, but legal costs are higher, too. It’s a tough decision and must be made carefully. However, if your lawsuit involves a severe injury or a tragic death, you should most likely choose trial over settling.

Be sure that your personal injury law firm discloses the potential costs and fees up front, and trust that you have made the right legal choice, with help from a wise legal counselor.

You’ve worked a long day, loading shelves with supplies in your employer’s warehouse. Your coworkers are exhausted, too. Your arms ache and you don’t quite get a big box in place when your arm gives out and it falls on you, hitting your shoulder and landing on your foot. Your shoulder is badly bruised and your toe is smashed. You can’t work anymore today and may be out for several days. You just suffered an on-the-job injury.

There were a total of 3,063,400 cases of nonfatal injuries at the workplace in 2010 – plus others that were not recorded. When injuries keep you from working, they cause financial troubles for you and your family. So you begin the process of applying for worker’s compensation. How else can you pay your medical bills?

If this were to happen to you tomorrow—what would you do? It’s important to know your rights.

Texas is an at-will employment state. So for employees, this is not ideal and a difficult standard to live with. At-will employment means that an employer can fire any employee at any time, without any specific cause. Exceptions are:

• Discrimination based on age, sex, gender, race, religion or disability (civil rights)
• Serving on a jury
• Voting
• Pursuing one’s rights to worker’s compensation

The guidelines below should help you define and determine your eligibility for compensation, as well as the immediate actions to take after an injury. But of course it makes sense to speak to a workers compensation attorney for the best advisement in your situation.

Worker’s Compensation Eligibility

Note that seniority is irrelevant when it comes to on-the-job injuries. Even if you just started working somewhere yesterday, your are eligible for worker’s compensation if you are injured. Any injury sustained while performing job-related tasks, which impairs your ability to work, qualifies you to receive worker’s compensation regardless of time served with the company or full or part-time status.

Next step after an injury occurs

From the moment you are injured at work you are entitled to Temporary Total Disability—also known as TTD. You cannot be dismissed from your job for applying for this, nor can you be fired for taking any other legal action, such as hiring a lawyer or filing a workers compensation claim.

Keep good records

To protect yourself after sustaining an injury at the workplace, you should immediately start recording details. Don’t hesitate to report an injury to your supervisor, and obtain medical assistance right away (at least within 30 days of the injury to be eligible for benefits).  You can apply for workers compensation after missing three consecutive calendar days from your job.

Medical treatment

Employers are responsible for providing prompt medical treatment when there is an injury. But note that your employer has the right to select the treating physician. If the employer fails to provide treatment within seven days of the notice of injury, an employee can select their own physician at the employers cost.  Workers compensation laws protect you so that you are not responsible for any medical costs incurred while treating your on-the-job injury.

Workers Compensation claim filing

The elements of a workers comp claim can be tricky. It’s in your best interest to utilize an attorney who is knowledgeable about work-related injuries, costs and compensation. Contact a personal injury lawyer who handles workers comp cases, such as our law firm. Your rights come first – and your employer may not feel the same.

We never expect accidents to happen. Boating accidents are no different. But being prepared and taking some simple steps can help reduce our chances of having an accident and injury – and the legal process that often goes with them. Being on the water is grand – but it pays to play it safe. No matter how much fun you can have boating, there are several precautions you need to take care of before leaving the dock. The safest outing is one that is planned for several days before you set out…by having all necessary safety equipment on board and checking weather reports.

Pay attention to the weather reports because these will give you an idea if the conditions are safe. Boat-related weather reports include ratings of wind such as Gale Warning, Storm Warning, Tropical Storm, and Hurricane. When you hear one of these warnings issued, they are effective for up to 24 hours from the time they are announced. Keep in mind that a knot is the speed of one nautical mile, and is equivalent to 1.15 miles per hour.

You will commonly hear a “Small Craft Advisory,” which is effective for up to 12 hours when reported. Often taken lightly, it can still mean tough conditions for smaller boats. Winds will be 18 to 33 knots, and this warning may even be issued for lower wind speeds if the sea is considered hazardous for small craft activities. You yourself determine if your vehicle is a “small craft.”

Radio and lights are essential. Always use your running lights at night and at dusk. And you should also keep the radio on at all times even while you are out on the water. Weather conditions can change suddenly. We never think it will happen to us – but we can be enjoying ourselves one minute and find ourselves in storm conditions the next.

Always have flares on board if your boat breaks down at night and people can’t see you or find you.

What radio do you have on board? The NOAA (National Oceanic and Atmospheric Administration) Weather Radio is the most highly regarded, 24-7 resource for weather and emergency information. In order to get NOAA, you will need a radio that can access VHF frequencies. These types of radios can be purchased in electronics, department, sporting goods, and boat and marine accessory stores. You can get a standalone VHF radio, or one with multi-band/function capabilities. You want to look for the “Public Alert Devices” logo on the product, which ensures that the radio has all the required functions you will need for emergency information.

Note that you absolutely must have an approved non-inflatable Type I, II, III, or V personal flotation device (PFD) for every person in the boat. Obey speed limits and don’t weave around other boats or pass recklessly. Take a boating safety course and keep the certificate of completion on your boat.

Watercraft operators must meet the age (13 years or older) and boater education requirements in order to legally operate any of the following vessels in Texas:

A powerboat powered by a motor of more than 15 horsepower or …

A personal watercraft or …

A windblown vessel over 14 feet in length.

Follow these pointers to avoid unsafe conditions and potential accidents. Encourage others on your boat with you to know the laws as well. If an accident does occur, stay calm, take pictures and record details right away if possible. Obviously tending to injuries comes first. Enjoy boating safely.

KNOW YOUR RIGHTS! What you need to know about “Texas No-Refusal Weekends.”

The State of Texas has begun to tout it’s “no refusal weekend” campaign aiming to reduce incidents of drunk driving that may lead to serious injuries (click here for article).  Although the goal is a good one, it does it at the expense of misleading you into believing you are no longer protected by the Fourth Amendment of the United States Constitution, which protects you against unreasonable searches and seizures.

The “no refusal weekend” is a marketing ploy to get you primed and ready to not put up a fight and more easily give-in to performing field sobriety tests, including the “follow the pen with your eyes” test (Horizontal Gaze Nystagmus), without exercising your rights to refuse to do so.

And while a police officer may be able to convince a judge to sign a search warrant (by proving “probable cause”), which will then allow the authorities to stick a needle in your arm against your own will; you still have the right to refuse up until the point a search warrant is obtained (but not without any consequences).

Know your Rights!  Be wary of this misleading campaign.  You have the right to refuse under the Constitution of the United States.  Know, however, that authorities are becoming more zealous in obtaining warrants and drawing blood against your will.

So what Advice can I give you if you’re going to be drinking.  Take a cab or have a designated driver.  Either one of these options is more likely to save you money, even if you were to be taken in and pass the blood alcohol test.  Either way, having the “right to refuse” doesn’t mean that it should be exercised to violate the law and endanger other human beings.

If you need any help, make sure you call our firm (956) 972-0141 or (877) T-HelpsYou.

Defending Your Rights and Fighting for Justice,

-Humberto Tijerina III

For Tijerina Legal Firm, P.C.

Each year, personal injury attorneys receive auto accident cases. Sadly, some of these accidents involve children who were seriously injured or worse in a motor vehicle crash. It is imperative that people understand the importance of child passenger safety. Often, it is a mere lack of knowledge on the part of the parents or other drivers of the vehicles involved that leads to children being injured or losing their lives. Automobile crashes are the number one cause of death in children age 3 to 14. Preventive measures are very important and with this article, we share invaluable information for parents and their nannies or childcare staff that helps keep children safe.

Know your car seat

There are a lot of different brands and styles of car seats for children and they are not all alike. Some perform better than others and have more safety features. If you already have one, read the literature that came with it thoroughly. Be sure you are using it properly. If you are about to purchase a car seat, research them online and look for product reviews and ratings. Check the manufacturer on consumer sites and the Better Business Bureau to see if there have been recalls or any issues with their seats. Consumer reports are a great source of information (such as Consumer Digest).

Check with your local police and fire rescue organizations, because they sometimes conduct free inspections of child safety seats to make sure that they are functioning properly and that they are in safe condition. They also teach parents the exact, proper use of these seats. You can find car seat checkup events in your area.

Buckle up every time

According to Safe Kids USA (which researches data and produces reports on child safety in America), 45% of children under age 14 who die in car crashes in the U.S. are completely unrestrained. Parents need to be diligent about buckling their child in every single time. When the car ride is going to be short or the parent is rushing on a hectic schedule, they may not take that extra minute to properly buckle a child into their seat and position the seat properly. This could be a fatal mistake. No child should ever ride in any motor vehicle without proper restraints.

Little ones in the back seat

Children are the most safe in the backseat. Until they are 13 years old, children should always ride in the backseat with younger children in car seats. As they grow, they can be moved to a booster seat and finally to a regular seat with seatbelt. Infants should be placed facing the rear and until the child is at least one year old and weighs at least 20 pounds. Typically, children should ride in a child safety seat until they are age four and at least 40 pounds. At this age or weight, you can then start using the booster seats. When the child is at least eight years old and approximately 4’ 9” tall, you can see if the seatbelt fits them properly. The seatbelt strap in their lap should lay across their upper thighs and the shoulder strap should comfortably come down over their shoulder and make sure the strap is snug without gaps.

Distractions can lead to disaster

Obviously when there is a child in the vehicle, you are driving with precious cargo. We encourage parents and caregivers to focus completely on the road and other drivers for the highest possible level of safety for children in the vehicle. Distractions like loud music, eating, or using cell phones can put child passengers at risk. They are much less likely to survive a car crash than an adult.

Know the laws when it comes to child passengers.  In a future article, we will discuss child safety laws in Texas. Drive safely, fasten your seatbelt and be sure everyone else does, too!

Many attorneys have handled cases where a neighbor is suing another neighbor. Texas is no exception. There are a number of issues that can cause a rift between neighbors. For example, a neighbor not maintaining trees and shrubs that encroach on your property;  easements and rights to use parking areas, driveways, and alleys; or water rights on a certain property. Another common point of dispute – neighbors having unappealing vehicles on their property such as campers, big trucks, fifth wheels, large vans and other commercial vehicles or even boats and buses.  Last but not least, many problems arise over pets and particularly, mean or unruly dogs.

If your neighbor has a destructive dog who is continuously tearing up your fence or digging out and getting into your yard, you may be wondering what you can do about it. You may have a neighbor with a mean dog that has bitten or potentially could bite someone, and this could lead to a dog bite lawsuit.  Personal injury attorneys see dog bite claims every year.

To avoid a legal dispute, first you should try to take the diplomatic approach and do everything possible to reason with your neighbor. The old saying is true—you attract more flies with honey than with vinegar. Sometimes simply asking nicely for the solution that you desire will lead to a good outcome, or at least – a solution that you can live with.

Another good tip – see if there is a way to handle a neighbor dispute with compromise. For example, if a property line is being disputed, speak to your neighbor about hiring a surveyor, and split the cost of the survey. This will determine the exact and correct property line. Agree that you will honor the surveyor’s findings.  Or possibly you can find a way to share the property. A term called ‘right-of-way’ applies to using some portion of a property for a certain purpose. If a neighbor has been crossing the corner of your property for many years to access an alley, for example, or to enter their back yard, they do have rights to cross that portion of your property, known as an ‘easement’.

When a neighbor’s barking dog or other noises (from equipment they use, for example) bothers you, you can certainly consider erecting a barrier—a solid and sturdy fence between your properties to help alleviate the problem. You could ask your neighbor to share the cost of the new fence but be prepared for them to be unwilling to contribute.  You may have to do it for yourself, at your own cost.  Possibly just sharing your schedule so that they know when to keep the dog in or when not to use that noisy equipment would improve the situation.

Mediation is another option to consider. Solicit the help of a neutral neighbor or a board member of your homeowner’s association and attempt to have a meeting about the issue. The mediator can suggest solutions to find one that will be acceptable to both parties.

If all else fails, you may need the help of a good attorney. Also note that if the issue with your neighbor involves a health hazard such as leaking chemicals or sewage, or fumes or residue drifting onto your property—then you can call the health department or your local police to address the concern because it could be a health hazard.  If someone in your family has gotten sick or injured due to the health hazard, you have a potential personal injury case.  Always be sure to contact a reputable, experienced injury law firm.

When we lead busy lives, it is often hard to find time to comparison shop. But it can usually pay off, especially when it comes to car insurance. Sure, it’s easier and faster to just keep paying your auto insurance premium when it comes due rather than contact other insurance companies and compare coverage and rates. But making a couple of short phone calls to get quotes can save you hundreds of dollars, especially if you insure multiple vehicles.

Shop Around

Many drivers end up saving money – 10, 15, 20 percent and more – when they change insurance companies.  When shopping around, always have your current coverage/policy in front of you and the amount that you are paying so that you can make a direct apples-to-apples comparison. But be aware – with some insurance companies, you save money (pay less every year) by staying with them for a long time. You can ask your company if they practice this annual premium-reduction method if you are a good paying customer with no claims.

Review Your Drivers Record

Here’s a tip you probably never thought of—obtain a copy of your driving record and review it. The insurance companies look at it so you should, too. Otherwise how will you know if there is an error on your record that you need to fix?

Know Your Minimum – carry more if you can

Another tip is to make sure that you know your state’s minimum liability requirements. Any good insurance company should have the minimum policy requirement amounts on their website but you can always call and inquire. The more important tip is to, if at all possible, carry coverage higher than the minimum the amount required by law because in a serious accident these amounts often are not enough.

Question Premium Increases

If your existing insurance company informs you that they are raising your premium, ask them what the reason is for doing so. Sometimes they do not have a legitimate reason and yet they raise premiums knowing that most consumers will not fight it or question it. There are a few unethical insurance companies that actually hire companies to provide fake data on you in order to justify a premium hike.

Tell the Truth

Always be honest and forthcoming if you are in any type of motor vehicle accident. This is because all of the information is recorded and if it is later determined that you were untruthful about something, you will pay for it in the long run with higher auto insurance costs.

Check Rates for your Make & Model

If you are considering purchasing a different vehicle—whether new or used—take the time to make a call to your insurance company to find out the costs of comprehensive and collision—full coverage, or liability only if you are not taking out a loan to purchase the vehicle. If money is a concern, you need to know which vehicles to rule out due to insurance costs. Certain makes and models will have a substantially higher premium.

Pay the Full Premium if you can

When you are paying for your car insurance, remember that you will pay slightly more if you divide your payments. Paying your full annual premium all at once is the money-saving way to go but if you need to break up your payments and make them every quarter or every six months, the insurance company will add what they call a convenience fee—an administration fee for the additional invoicing and payment processing.

Carry Uninsured Motorist Coverage

Note that uninsured motorist coverage is more important than ever before because the poor economy has led unemployed or low- earning consumers to go without car insurance. This means if you are in an accident with them you will foot the entire bill.

As an experienced auto accident law firm, we understand how important your insurance coverage is should there be an accident. Protect yourself with the right coverage at the right price.

Hope this information was helpful to you all. Have questions or comments? Don’t be shy, we would LOVE to hear from you!

A personal injury case is a methodical and somewhat complicated process. Knowing what to expect and being informed about what happens in an injury case means you will be ready (and know what to do) should you ever find yourself involved in an accident or injury caused by another. Here we share the steps that a personal injury case follows. What you do after an accident or injury and how you handle these steps directly affects the outcome of your claim.

Get Medical Attention, Document & Save Everything

Immediately after being injured in any type of accident, you should seek medical assistance. You could have injuries that are not immediately obvious so it is wise to get examined thoroughly by a doctor. A visit to a medical facility results in the injury being recorded by a professional, which is to your advantage. Write down everything you can remember about the occurrence, and provide pictures if possible. Also collect records of the medical bills and hospital visits that occur as a result of the injury.

Consult with an Experienced Personal Injury Attorney

How do you know if you have a case? Take advantage of a free consultation. Choose an experienced personal injury attorney and bring all details with you when you meet. When you see the attorney, your case will be evaluated to determine the likelihood of reaching settlement, or the possible need to take the case to court. The lawyer will consider the facts of the case, the case merits, possible financial expenses and results, possible trial length, and the litigation costs. The attorney will advise you on how to proceed. Bear in mind that any and all evidence that you collected will help the attorney assess your personal injury case.

Paperwork & Initial Filings

Of course with a legal case there is paperwork to be done, which your attorney will explain to you. He or she should also explain what happens at the beginning of a lawsuit. The first papers filed in a lawsuit are called pleadings. There will be additional papers involved with this process, however all cases follow this same initial step. You will first have to fill out a Complaint/Petition, which gives a basic premise of what the plaintiff knows or heard from someone else as to what took place at the accident. The Summons and Service of Process is sent to the defendant, which notifies the party of a lawsuit being filed. When the defendant responds to the Summons, this is known as an Answer. The Answer will be influential as to how the rest of your case proceeds, because it requires either one of the three responses: “admitted,” “denied,” or “insufficient knowledge to admit or deny.”

Discovery Phase

At this time, the Plaintiff and the Defendant share all their facts about the case (sending them to each other through their attorneys). The exchange and review of all facts is called the discovery phase of the case. This is when medical records, personal information, extent of injuries and any long term side effects, and any other related material are exchanged. Written questions and answers from the injured party and witnesses are also placed on record. It is always best to give all information to your injury attorney and not withhold any detail.

Settling a Case vs. Going to Trial

Most personal injury lawsuits never go to trial. It is less costly and less time-consuming to reach a settlement agreement between the two parties. Waiting for a trial can drag the case out for a year or longer. After the discovery phase, the plaintiff (the injured party) will most likely be offered a settlement – your attorney will alert you to the settlement offer and advise whether it is acceptable.

If You Go to Trial

In cases where no settlement is offered or the settlement is rejected, the plaintiff’s attorney will file for a court trial. Keep in mind that it can take many months, a year, or even longer, before your trial happens. At trial, your attorney will present your case, while the defense will attempt to deny or reduce responsibility by the defendant and keep the compensation, if awarded, to a minimum. At this time, the experience and abilities of your injury attorney are critical if you are to prevail. The trial follows these steps: jury selection, opening statements by the plaintiff and defendant, plaintiff presentation of facts, defendant presentation of facts, closing statements, jury deliberation, and finally the verdict.

If you’ve been injured in the state of Texas due to another party’s actions or negligence, it is in your best interest to obtain legal representation. You will want a skilled legal advisor to help you navigate through the complicated process of a personal injury claim. Familiarizing yourself with the process and being prepared should this ever happen to you or a loved one is a good idea. Because as we all know…unfortunately…accidents happen.