San Antonio Injury Lawyer Blog

San Antonio employees of subcontractors, even if the landowner is the general contractor, may not be able to sue for injuries caused by the negligence of the landowner. The Texas Supreme Court decided last week that premises owners who pay their subcontractors' workers' compensation premiums are entitled to immunity from common law suits. The Court determined that the Workers' Compensation Act "exclusive-remedy" defense can be used against their subcontractors' injured employees. Three Justices, including the Chief Justice, joined in a dissenting opinion, pointing out the problems created by the majority interpretation.

Effectively, refineries and industrial plants will be able to shield themselves from liability for injuries caused to workers at plant sites. This shield will prohibit workers from bringing lawsuits for injuries and death caused by unsafe work sites. This Texas law will allow companies to decide whether to provide a safe work place or whether to just provide Workers Compensation Insurance. By providing the workers compensation insurance to all workers, both employees and subcontractor employees, an employer cannot be sued for its own negligence. Workers compensation insurance provides only the most basic coverage to seriously injured victims of work site safety failures: a small portion of the worker's wages, together with some medical benefits. An injured worker is not entitled to compensation for losses such as disfigurement, future impairment to wage earning ability, and other measures of compensation that Texas law allows to be recovered in most common law negligence lawsuits. Therefore, an employer can just weigh the cost of work site safety improvements and compare it to the cost of the Workers Compensation Insurance – and while the company saves money, the worker is short-changed.

Many members of the Texas Legislature voiced opposition to granting the blanket immunity to industrial plants and refineries. We hope that the Legislature will take the necessary steps to fix this injustice.

San Antonio Buell motorcycle drivers are at risk of serious injury or death because of a manufacturing defect. Some Buell motorcycles, manufactured by Harley-Davidson Motor Company, are subject to a serious safety recall. Buell is recalling a total of 3,316 motorcycles manufactured in 2008 and 2009.

The brakelines on the subject motorcycles were improperly routed and could come into contact with the front tire. This potentially could cause the brake line to leak and result in brake failure. The National Highway Traffic Safety Administration (NHTSA) has stated that the condition could cause the driver and rider to crash, resulting in injury or death. Dealers will re-route the front brake line and replace any worn brake lines free of charge. For additional details, visit the NHTSA Recall site, and enter the following Campaign ID in the search function: 09V109000

San Antonio personal injury victims need to be aware of recalls for any vehicle involved in an accident, and attorneys should be able to properly advise prospective clients about the impact such a recall might have on any potential lawsuit or claim. Occasionally a vehicle defect is responsible for an accident and only after a thorough investigation will all responsible parties be held accountable.

More fatal auto accidents in San Antonio involve drivers with an alcohol level over the legal amount (.08) than drivers who have not been drinking. In San Antonio, Texas 48% of the motor vehicle drivers involved in fatal accidents were over the legal threshold of intoxication while 46% of the drivers had no alcohol in their system

There were 116 fatality auto accidents in San Antonio in 2007. Thirty-two of the accidents (27%) involved collisions with other vehicles, presumably injuring more than just one person. While forty-one accidents (35%) were collisions with fixed objects. Sixteen of the fatal accidents involved rollovers.

From these statistics it is obvious that two changes could dramatically decrease the number of auto accidents causing fatalities. The greatest decrease would come from reducing or eliminating drunk driving. Another decrease in fatalities would be achieved by making cars safer such as by increasing roof strength so that passengers could survive rollovers and by improving the passenger restraint systems in cars. If an intoxicated driver causes injuries, a claim against the liability insurance policy covering that driver; and if no liability insurance exists, a claim should be brought against the uninsured insurance covering the injured party’s vehicle, if uninsured insurance has been purchased on the policy.

If an intoxicated driver causes a wreck with a vehicle in which you or a family member are riding, an investigation should be made into where the intoxicated driver had been consuming alcohol before entering the roadways. If a commercial establishment sold alcohol to a person that was already obviously intoxicated, that bar or restaurant could be liable for the harm caused by the drunk driver.

If you have ever been in a car wreck, you know things can get confusing and difficult in a hurry. If your car or truck has been damaged and is not drivable, you need alternate transportation to get to school or work. If you have been injured, you need medical attention. You may be getting numerous phone calls from persons offering "free" medical treatment or "free" legal advice. Insurance adjusters will call wanting a full explanation of what happened. It can be overwhelming. Below is a brief list of things to do, as well as things to avoid that should make your life a little less hectic after a collision.

First, if you are injured, or simply aren't sure what injuries you may have sustained because you still feel in shock, be sure to tell the officer investigating the wreck that you want medical assistance. If you have someone available to take you to an emergency room or to a clinic, and don't need an ambulance, be sure to tell the officer that although you do not need an ambulance, you are going to seek medical attention. San Antonio Police and Bexar County Sheriff investigating officers are supposed to document these communications and you do not want an insurance adjuster claiming you weren't hurt because you told the officer you were fine or that you would be "ok."

If your auto wreck happended in San Antonio, Texas, be sure to obtain a copy of the police officer's card, and the accident report number. You may need this information to secure insurance information against the at fault driver. Likewise, any investigating agency, such as a local sheriff's office or Texas Department of Public Safety Troopers will all be able to give you information on how to obtain a copy of your report. If you are contacted by an insurance adjuster, it is usually not beneficial to give a recorded statement until you have a clear head, and have had time to seek legal advice. If you answer a question poorly, or just get confused during the process, the insurance company will quote the recorded statement and use it against you.

Unsolicited phone calls with offers for "free" medical help, and/or assistance in finding a lawyer, should be looked on with scrutiny. A reputable physician or lawyer should not make an unsolicited contact with you or your family. If you feel you need assistance in finding medical attention, ask your friends and family. If you have health insurance, contact a doctor or seek emergency care (if needed) at a facility on your plan.

You may not need an attorney. Perhaps your insurance carrier will repair your vehicle, and you have not suffered any injury. In those circumstances, consider yourself fortunate, and put the wreck behind you.

However, if you feel that you need legal counsel and advice, research and talk with attorneys before making a decision. You should feel comfortable, confident, and secure in your decision. An attorney should talk with you and inform you about what can be done for you, as well as what cannot be accomplished. Legal assistants and paralegals play an important role in a law office, but clients should get legal advice from attorneys - ask to speak with an attorney directly. Additionally, most law firms that have been retained to handle a bodily injury claim will assist the client with property damage claims, and PIP insurance claims, without charging a fee.

The aftermath of an automobile accident can be difficult, but you have rights and you should not feel forced to make quick decisions that can have long-term impact. Protect yourself and seek competent counsel.

A seven month old child in San Antonio was killed by his grandmother's pit bull dogs this week. Earlier, a young child in Luling, Texas, was also killed by a pet dog. It is shocking to everyone in the community when a death occurs because of a dog attack; however, most people would be surprised to learn how many dog bites occur every year resulting in serious injuries.

Many people have been bitten by animals that, according to their owners, have never attacked or bitten anyone before. A common factor in many cases of dog bites is that the person bitten is a young child. Often the young child is being playful with the dog and the dog attempts to assert its dominance by biting. In the recent San Antonio dog attack case the San Antonio Chief of Police expressed his opinion that the dog had become jealous of the time the grandmother was spending with the infant.

Owners of dogs that have been accused of biting someone often respond that they had no notice that their dog had the propensity to bite or that the person bitten must have done something to cause the attack. Still others want a ban on Pit Bulls and other so-called viscous dogs. Owners of dogs need to restrain their pets when children are present especially very young children that do not know how to interact or respond to a dog. There are numerous legal theories to hold pet owners responsible for the injuries caused by their dogs.

Insurance companies often respond that their insured, the owner of the dog, are not responsible for a dog bite or an attack if they had no notice that their pet had the potential to harm someone. Some breeds of dogs are known to be aggressive, though owners of the suspect breeds dispute that belief and assert that any attack is the result of poor training. However, many dog owners essentially admit liability when they state that the dog was more of a guard dog than a family pet; essentially admitting that the dog’s aggressive personality is a desirable characteristic. The owner of the dog that attacked the infant in San Antonio had posted on the fence around her yard warnings of the "Security Dog", therefore, implying she had notice of the dog’s aggressive personality.