San Antonio Injury Lawyer Blog

Driver fatigue is one of the most common problems on American roadways today. Trucking accidents are frequently the result of a driver exceeding the reasonable and regulated hours of service, causing the driver to become overly fatigued and not fully attentive to the safety of the public roadways. In the 1990’s studies were conducted and the trucking industry recognized that driver fatigue presents a serious and extreme danger to the public; yet, many trucking companies do not follow federal safety regulations regarding driver hours of service in the operation of their tractor-trailers. All too often when a driver becomes fatigued and sleepy they are pressed to continue on to make their delivery schedule before seeking rest. However, the Federal Motor Carrier Safety Regulations and the commercial driver manual for every state recognize that when a driver is fatigue the only safe action is to stop driving and obtain the necessary rest before continuing to operate an 18 wheeler.

Despite the public safety dangers presented by fatigued drivers, many professional truck drivers falsify logs in order to make it appear as though they are not driving in excess of authorized hours of service. Many trucking companies recognize this problem and turn a blind eye, and impliedly permit drivers to exceed safety limits while recording fewer hours in their official documentation. Not only is falsification of log books a criminal offense, allowing fatigued drivers on the public roadways causes catastrophic accidents that leave families torn apart.

Because a thorough and in-depth investigation is required to trace driver activity and conduct that may not appear to violate the hour of service rules, an experienced trucking lawyer must be consulted. There are methods to trace gasoline purchase receipts, hotel receipts, credit card purchases and forms of documentation that can be utilized to show log book inaccuracies and falsifications. Technology exists that allows trucking companies to install digital recording video cameras in the cabs of the tractor-trailer rigs documenting the behavior of a driver. Knowing that documentary video evidence can exit if rules violations are attempted can have a detouring effective on unsafe driving behavior such as driving while fatigued. Unfortunately only a minority of the trucking companies operating on the public roadways utilize this safety technology.

Trucking collisions can be the most catastrophic of all motor vehicle accidents. A fully loaded 18-wheel tractor-trailer weighing upwards of 80,000 pounds becomes a force of destruction when not operated in a safe and reasonable manner. A professional truck driver is tested not only on the rules of the road that passenger car drivers know in order to obtain a driver’s license, but must also study and know the commercial driver’s manual for their state as well as be intimately familiar with the Federal Motor Carrier Safety Regulations pertaining to safe and reasonable operation of a tractor-trailer. Additionally, trucking companies and those that operate in tractor-trailer transportation are required to know and follow all federal regulations pertaining to their industry. Failing to properly oversee and train drivers, failing to properly monitor the hours of service in which a driver operates, and/or failing to provide proper maintenance of vehicles are common problems within the trucking industry and can lead to devastating injuries and death.

When a trucking collision occurs it is imperative to initiate an immediate investigation. Hiring a lawyer experienced in trucking litigation is paramount. An experienced law firm will have accident re-construction and trucking industry experts on call for immediate response to the scene of a serious wreck. Evidence must be gathered immediately, scene investigation and photographs are of the highest importance, and identification of any and all persons or companies involved are required before even beginning case evaluation. If time has passed following a tractor-trailer wreck, evidence may still be obtainable and developing a litigation discovery plan to obtain all potential documents arising from and leading up to the wreck must be properly sought out. An experienced and aggressive prosecution is the only method to obtain justice for the victims of negligent trucking companies and their drivers.

Robert L. Rush

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The law firm of Rush & Gransee, L.C. would like to once again congratulate Robert L. Rush for being named a "Texas Super Lawyer" as published in Texas Monthly magazine and Texas Super Lawyers magazine. The Texas Super Lawyers designation is awarded to only 5% of the lawyers in the state, and the selection process includes nominations by peers in the profession, a blue ribbon panel review of the candidate, as well as independent research on the candidate.

Mr. Rush has been recognized for the last 7 years in the Scene in SA publication recognizing the Best Lawyers in San Antonio (also a recognition conferred by his peers in the profession), and this year marks the second time Mr. Rush has been honored with the distinction of being named a statewide, Texas Super Lawyer. Mr. Rush is also a life member of the Million Dollar Advocates Forum and the Multi-million Dollar Advocates Forum (2008-present), and was conferred membership in the American Board of Trial Advocates (2003-present). He has been Board Certified in Civil Trial Law by the National Board of Legal Specialty Certification since 1999.

For over 20 years, Mr. Rush has maintained a statewide practice handling serious personal injury cases, including18-wheeler tractor-trailer wrecks, other trucking accidents, medical malpractice cases, and cases involving defective products. Mr. Rush has also handled cases in the United States District Courts in California and Arizona, and is expanding his practice to help seriously injured victims and their families in other states as well.

Pool season has begun in San Antonio. The pool season should be a time of care-free fun for children on summer break. However, there will be numerous pool tragedies involving drowning in Texas during this summer. The causes of the drowning will vary from, no fencing, no supervision, slippery surfaces, and incorrect pool design.

Negligent pool design resulted in the death of a six year old in Connecticut. The company's president that installed the pool was prosecuted in the death. The pool design did not incorporate a safety device to prevent entrapment. Entrapment is when the powerful suction from the pool drain lines trap a swimmer underwater. Federal law requires that all commercial pools have a safety device to prevent entrapment. The federal statute does not apply to residential pools. There have been numerous deaths caused by entrapment in both spas and pools. The suction can be so great that numerous adults working together cannot free someone caught against a pool drain.

In serious injury and death cases occurring in or around a pool or spa it is necessary to thoroughly investigate the cause and not necessarily attribute the injury to swimmer or diver error. Many diving accidents are often attributed to swimmer error while in reality it is a poor pool design or poor diving board placement that caused the accident. If a child drowns in a pool that is gated it is often thought the owner did all that they could to prevent the tragedy; however; was the gate maintained, was the lock maintained, also was the automatic closure device working properly.

Most if not all pool drowning tragedies can be prevented. It is the responsibility of the lawyer representing the injured party and his family to determine what could have been done to prevent the tragedy.

Doctors at the University Health System in San Antonio researched patients treated over the last 15 years for injuries caused by dog attacks and dog bites. Their conclusion was that the vast majority of serious dog attacks treated in San Antonio Hospitals were caused by pit bulls.

The term pit bull is often misused and is really a generic term for various bull terrier breeds and mixes. All terriers are generally known as aggressive, territorial, and protective of their owners and therefore are often used as home security or family protection. Owners of terriers and, in particular, pit bulls often complain that the negative press is not warranted because it is the owners that cause the dog to be aggressive. However, the breed’s aggressive nature can cause serious attacks and in some cases death even without provocation.

In the study the following statistics were mentioned: Pit Bulls were responsible for 65% of all fatal attacks; someone is killed by a pit bull every 14 days in the U.S.; one body part is severed by a pit bull attack every 5.4 days; and, the risk of being killed by a pit bull is 2500 times higher than by a lab.

Many people have cast doubt on the Doctors' article about Dog Bites. Part of the article advocates that aggressive breeds should be regulated just like the regulations that control the possession of wild animals such as tigers. Also some complain that the study is flawed because many people describing the dog that attacked use the term pit bull generically so that many attacks are wrongfully attributed to pit bulls.

Our experience in representing people injured by dog bites is that many serious injuries are caused by even the smallest breeds because the owners allow young inexperienced children to handle the "family pet". However, the most serious dog bits and attacks have been caused by the larger breeds and primarily terriers, including pit bulls and Staffordshire terriers.

Regardless of the type of dog, when a homeowner fails to control his pet or lets the dog out of the house unleashed they must be held accountable for the injuries sustained by others.

Texas Dental Malpractice claims are considered Medical Malpractice Claims and are therefore controlled by the Malpractice Reforms that have previously taken place in Texas. It is therefore important to consider whether the firm that you are considering hiring to pursue a claim of Dental Malpractice has experience in the intricacies of Texas Medical Malpractice Law.

Because Dental Malpractice is a form of Medical Malpractice it is necessary that the strict requirements of the medical malpractice laws be met. In order to pursue a case of dental malpractice it is necessary to have expert reports which set out the errors committed, the harm caused and what the standard of care for a dental practitioners would be under the same or similar circumstances. These reports must be filed before the expiration of 120 days after any lawsuit is filed. Therefore it is important the the law firm handling these types of cases have access to qualified and credentialed experts in the many fields of dentistry, in order to quickly have records reviewed and reports prepared under the strict dictates of Texas law.

Having successfully handled many Medical Malpractice and Dental Malpractice cases in San Antonio and throughout Texas, our experience enables us to investigate and pursue a claim involving Dental Malpractice quickly and efficiently.

It's a New Year, and along with other resolutions and changes in behavior, giving yourself an insurance check-up is a good idea. Texas attorneys that assist people who have been injured in automobile collisions often find that the at-fault driver has either no insurance, or too little insurance to compensate the victims of negligent drivers. This can leave a family devastated if medical bills and lost wages are not recovered. Additionally, if the medical care is given at taxpayer expense, and there is no insurance (or insufficient insurance) the public pays for the negligence of the at fault driver.

One way to protect yourself against drivers that do not follow the law and purchase liability insurance - or only follow the legal minimums and purchase only the base amount of liability insurance - is to look at your policy. Adding Personal Injury Protection (also called PIP coverage) to your policy is an inexpensive way to provide you and your family with a safety net in the event medical bills are incurred following an auto wreck. In Texas, you can purchase up to $10,000. in PIP coverage. This coverage can immediately reimburse you for much of your out of pocket medical expenses and lost wages. Even if the at fault, or liable, driver does have insurance, your PIP coverage is usually quicker and is an additionally layer of coverage to protect you.

Also, Uninsured/Underinsured Motorist coverage is available in addition to your liability coverage. This UM/UIM coverage is designed to protect you when the other driver has no insurance (uninsured) or has too little insurance to properly compensate you for your injuries and losses (underinsured). Again, this coverage does not add significantly to your insurance premium, but can provide compensation for medical bills, lost wages, physical injuries, and all other legally entitled damages and losses incurred as a result of a negligent driver causing a collision with you.

An experienced personal injury attorney will review all available insurance coverage following an automobile accident, and determine what potential compensation is available to the victim or the victim's family. Review your insurance policy and make sure you are fully protected in 2011.

Robert L. Rush

online at

The law firm of Rush & Gransee, L.C. would like to congratulate Robert L. Rush for being named a "Texas Super Lawyer" as published in Texas Monthly magazine and Texas Super Lawyers magazine. The Texas Super Lawyers designation is awarded to only 5% of the lawyers in the state, and the selection process includes nominations by peers in the profession, a blue ribbon panel review of the candidate, as well as independent research on the candidate.

Mr. Rush has been recognized for the last 6 years in the Scene in SA publication recognizing the Best Lawyers in San Antonio (also a recognition conferred by his peers in the profession), and this year marks his initial recognition as a statewide, Texas Super Lawyer. Mr. Rush is also a life member of the Million Dollar Advocates Forum and the Multi-million Dollar Advocates Forum (2008-present), and was conferred membership in the American Board of Trial Advocates (2003-present). He has been Board Certified in Civil Trial Law by the National Board of Legal Specialty Certification since 1999.

For the past 20 years, Mr. Rush has maintained a statewide practice handling serious personal injury cases, including trucking accidents, medical malpractice cases, and cases involving defective products. Mr. Rush has also handled cases in the United States District Courts in California and Arizona, and is expanding his practice to help seriously injured victims and their families in other states as well.

Many Texans, whether living in San Antonio, or anywhere in the State, require the professional services of mental health therapists. The vast majority of mental health service providers are dedicated professionals that seek to help alleviate the mental health conditions of their patients. Unfortunately, the therapist-patient relationship can become too close, and too personal, creating circumstances where boundaries are violated.

Patients seeking help from licensed counselors, psychologists, psychiatrists, or even religious pastors and clergy, often find themselves in a vulnerable position having to open their lives to these professionals. Occasionally, counselors and therapists take advantage of patients in these vulnerable positions as engage in improper sexual relationships, or take advantage financially. Victims need to know that Texas has laws protecting patients that have been the victim of boundary violations.

Chapter 81 of the Texas Civil Practice and Remedies Code provides for legal causes of action against mental health service providers that have sexually exploited their patients. Although the title of the Chapter uses the word sexual exploitation, the law also provides for legal remedies if the mental health provider causes - directly or indirectly - physical, emotional, or mental injury caused by "therapeutic deception of the patient by the provider."

If you, or someone you love, has been victimized by an individual that was supposed to be helping with mental health issues, you have legal rights that can and should be enforced. In addition, the Texas Department of State Health Services actively accepts and prosecute complaints against individuals that have violated their trust with patients. If you need legal help, contact a law firm that has experience in this area of law, and has a track record of success in helping victims of mental health abuses.

A recall of more than 2 million baby cribs was initiated over fears of personal injury to infants. The majority of the cribs involved in the recall were "drop side" cribs - cribs that have a side rail that slides downward to allow a parent easier access to pick up or lay down a child. However, the sliding side rails can dislodge or detach, creating gaps large enough to allow a child to become entrapped and suffocate. There have been no deaths reported as of yet, however, at least one child was found unconscious and required hospitalization.

Defective products that have been linked to injuries and deaths need to be properly investigated and thoroughly examined in order to preserve a claim against a negligent manufacturer. For details on this current crib recall, vist the Consumer Products Safety Commission (CPSC) to determine whether you may have one of these recalled items.

Auto accidents in San Antonio may increase until Chrysler vehicles with defective brakes are repaired. A recall of certain Jeep Wranglers manufactured from 2006 through 2010 was instituted because wear in the brake tubes could cause a brake fluid leak. Enter recall ID# 10V2346000 under the search function for more details.

The risk of a serious auto accident is increased because of the potential leak. A brake fluid leak in the affected Jeep Wranglers could cause a failure in the braking system with serious consequences.

Any auto accident involving Jeep Wranglers wherein the driver of the jeep complains about brake failure should be investigated for a possible product defect.

Most Texas drivers know that driving while intoxicated is a serious danger to all people on the roadway and can cause serious personal injury and death. Likewise, it is becoming increasingly more obvious that driving while texting is dangerous, and is occurring at an alarmingly increasing rate. What many may not realize, however, conduct that almost everyone engages in was addressed in a recent article in the New England Journal of Medicine (NEJM) and stresses that driving while talking on a cell phone is also dangerous. Yes, just talking on the phone distracts a driver’s attention.

Published data supports the theory that driving while distracted is the equivalent to driving while intoxicated. However, according to the article most people do not feel as though talking on a cell phone is any more dangerous than talking to other passengers. This belief is misguided. Studies have shown that talking on a cell phone affects the brain differently than talking to passengers. For additional information, see Strayer DL, William JA. Driven to Distraction: dual-task studies of simulated driving and conversing on a cellular telephone. Psychol Sci 2001: 12:462-466.

Talking on a cell phone while driving affects the brain differently than talking to passengers and is inherently more dangerous to everyone on the roadway.