Posted on April 08, 2013 in Uncategorized

Most of us, if not all, are aware that workers should be compensated for work-related injuries. However, very few of us are actually aware of when those laws were put in place and how it happened. The Texas Medical Association recently posted an article addressing the history of workers’ compensation laws.

The entire concept of compensating workers for injuries suffered while on the job and the fact that it should be done by the government originated in Europe. It did not spread to the United States until the beginning of the 20th century. In the state of Texas specifically, the first workers’ compensation law was put into effect in 1913. The trend grew very quickly, and today all 50 United States and the District of Columbia have Workers’ Compensation laws.

According to the article, the United States Supreme Court ruled that states could legally require employers to provide compensation to those workers who had been injured on the job. Because of this, many states went back and revised their current laws in order to incorporate mandatory Workers’ Compensation. Texas revised its law in 1917, only four years after its original creation. However, Texas chose to keep voluntary employer participation in its law. Currently, Texas is the only state with this as part of their Workers’ Compensation law. They allow employers to choose whether or not to provide compensation to injured workers. However, public employers, and employers who enter into a contract with a government entity must provide Workers’ Compensation.

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 Posted on April 05, 2013 in Uncategorized

Most people use cars daily to go to work, run errands, and visit friends and family. While cars allow us to get to where we need to be in a timely fashion, they sometimes create more of a hassle. If the cars are involved in accidents with other cars, then there could be increased traffic for other drivers and headaches for those involved in the wreck. Following these instructions can limit the opportunities for car crashes to create more problems.

The first step in dealing with a car accident is to assess the well-being of those involved. If anyone is injured it is important to call 911 and receive medical attention, even if there is any doubt. It may also be necessary to move your vehicle out of harm’s way or set up cones and signal flares to warn other motorists and eliminate additional accidents. Also, call the police and your insurance agency to have a record of the accident.

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 Posted on March 31, 2013 in Uncategorized

While their truck was being pursued by police, six suspected undocumented immigrants were killed and nine were injured after crashing into a security barrier at the Naval Air Station in Kingsville Texas. Spokesman for the Naval Air Station Jon Gagne said that the gate guard tried to greet the vehicle, a 1996 GMC Sierra pickup, as it approached the gate that night, but the driver sped through without stopping. According to Senior Cpl. Charlie Ramirez, pop-up barriers were activated beyond the gate, which the vehicle crashed into. “There are two guardhouses when you enter the grounds of the base,” said Ramirez. When the vehicle did not stop at the first door and tried to enter the naval base, the guards activated the safety barrier, and the car crashed head on. Accidents involving undocumented immigrants on or near the border have become more frequent as U.S. border security has been improved and immigrants have taken more drastic measures to enter the country. In April 2012, four undocumented immigrants who were traveling in Texas’ Rio Grande Valley were injured when their truck rolled over several times. Just days later, nine more undocumented Mexican immigrants were killed when a minivan carrying 19 people rolled over in Palmview, Tex. Palmview authorities reported that the accident happened only blocks away from where the Border Patrol had conducted a traffic stop. The driver had stopped for a brief moment but then sped off in a failed attempt to get away with his human cargo. All of these accidents were caused due to smugglers overloading their vehicles in order to maximize their profits. Captain Tom Copeland from the Goliad County Sheriff’s Officer said, “The more people he can pack into a vehicle and get through, the more money he makes.” Following a July 2012 accident in which 15 people were killed. He added, “It’s a tragedy for the families that are wondering if their family members made it.” If you have been injured in a car accident, perhaps caused by these smugglers, contact an accidents attorney today. Attorneys at the Bettersworth Law Firm can assist you in Texas court today.

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 Posted on March 27, 2013 in Uncategorized

According to the San Antonio Express-News, authorities have not yet identified two pedestrians who were fatally injured while walking on an East Side San Antonio street last weekend. The man and woman allegedly were walking in the eastbound lane of East Commerce Street at about 10:30 p.m. when they were struck by a pickup truck. The impact of the crash propelled the man into the opposite lanes of traffic, where he was then struck by a mini-van. The man was pronounced dead at the scene, whereas the woman later died at San Antonio Military Medical Center. Both drivers remained at the scene of the accident, and police do not believe that either driver was intoxicated at the time of the accident.

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 Posted on March 23, 2013 in Uncategorized

A San Antonio Jefferson High School student “was killed this past weekend after his car was struck by an 18-wheeler on his drive home from the Matador Relays,” according to KGNB.am News. The Relays are a track and field event. The accident happened with the 18-year-old was driving home on Westbound I-10. The high school senior, Alex Omstead, “reportedly crossed the center median, went through the cable barricade, and crossed into oncoming traffic in the eastbound lanes.” Omstead’s car was then struck by an 18-wheeler, killing the teen on impact. Investigators are trying now to figure out why his car was able to cross the barricades, but no further information has yet been released.

According to WritingShares.com, the truck driver is not being charged in the accident, as Olmstead’s car entered the wrong lane of traffic and “there was no time to act to avoid an accident.”

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 Posted on March 21, 2013 in Uncategorized

Stephen Guy Foster, 53, was driving drunk and struck a cyclist on March 3, the San Antonio News Express reported. Foster was driving his pickup when he tried to turn left and did not yield to two cyclists, according to police. His car hit Matthew Shaw, 30, who was not wearing a helmet. Witnesses pulled the seriously injured Shaw from the road and he was quickly taken to San Antonio Military Medical Center to be treated. His condition is now stable, although his injuries are severe.

After the crash, Foster was detained and his blood was drawn after he refused to do a breathalyzer test. He was arrested on an intoxication assault charge, which is a third-degree felony. He told police he was driving down the street when “the next thing he knew, ‘the guy on the bike was right in front of me.’” The victim’s lack of a bike headlight was a contributing factor in the crash, according to the crash report.

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 Posted on March 18, 2013 in Uncategorized

The Houston Livestock Show and Rodeo three-week festival—which includes bull riding, steer wrestling, and bucking bronco rides—is always looking for ways to improve the safety of both the riders and the animals. According to this article from the Big News Network, participants can expect to have top medical teams available to provide care.

These teams will include doctors, licensed medical therapists, massage therapists, athletic trainers and radiology technicians. Many of the medical personnel are on-hand to provide preventative measures—i.e., wrapping or taping a previous injury or massaging tissue. The riders (who hail from Texas along with other states) also wear helmets. The most common injuries are bruises and strains, but there have been some more serious cases as well. One rider fractured his thumb this year, and another has a fractured rib, but still plans on riding for the championship.

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 Posted on March 15, 2013 in Uncategorized

Oralia Chavira, 65, was struck by a bus last November, severely injuring her legs, according to an article in the San Antonio News Express. Chavira has sued VIA Metropolitan Transit claiming that the driver of the bus, Richard Cardenas, caused the crash. Driver inattention and failure to yield right of way to a pedestrian were factors in the accident, according to a police report.

Chavira was on her way to home from work. A bus was “in a driveway that opens to a pedestrian pick-up area.” Chavira was stepping into the crosswalk and looked down to avoid falling as she stepped off the curb. When she looked up again, the bus was very close to her. Chavira waved to the bus driver but the driver could not see her and ran over her.

The seriously injured Chavira was taken to a hospital where she had to spend 83 days and underwent 11 surgeries. Both of her legs were broken and she permanently lost part of her right heel. Furthermore, she has to undergo further surgeries and has to use a wheelchair to get around. Chavira has spoken to the driver only once, before she was taken to the hospital. He was sorry and said “I really didn’t see you.”

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 Posted on March 12, 2013 in Uncategorized

Last year, Tarrant County Deputy Christopher Dearing was responding to a call about a man who had threatened to kill himself with a knife. While on Silver Creek Azle Road, Dearing pushed his speed to 45 mph and ended up hitting a pickup with a horse trailer attached, causing the truck to overturn in a ditch. The driver of the pickup, Randall Moore, has now accrued over $60,000 worth of medical bills. The Moore family is suing Tarrant County for these and other bills (e.g., the veterinary bills for the three horses in the trailer). Dearing admits that he was driving negligently and caused the crash. He ended up with a broken nose and herniated disks in his neck, and ultimately was given five days leave without pay. However, Moore was treated at an Azle hospital for neck, back, and hip injuries, and later had to undergo surgery. Between the surgery and physical therapy treatments, Moore says he hasn’t been able to work a regular schedule, and most of his extra income is now gone. The Moore’s attorney says in this article from the Forth Worth Star-Telegram that the Moore’s are now suing the county because they stopped paying some of the bills. They had originally tried to reach a settlement before this, and the county states they made a significant offer to try and settle his claims. While Randall Moore suffered the most, physically, from the accident, his wife and two children have also been through a lot. They were driving behind the pickup when it was hit, and still get very emotional when speaking about the crash. The daughter, Kirsten, said after the accident she would have nightmares and wake up screaming. Tammy, Randall’s wife, says she avoids Silver Creek Azle Road now if she can, especially at night. Being involved in a car accident can be very traumatic. If you’ve suffered from a crash, speaking with a personal injury lawyer can help you figure out if you’re entitled to compensation. Our New Braunfels, Texas law firm offers free initial consultations, so contact us today to set up your appointment.

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 Posted on March 09, 2013 in Uncategorized

Tuesday morning, word had gotten around about the horrific car crash involving two teenagers from Antioch, IL that had happened the night before. Social media, in the high school, was buzzing with tributes to the victims, before the police even confirmed their names, Ashley Seay, 17, and Joel Wittkamp, 16. Some of the students even stayed home from school because they were so upset about the devastating news.

On Monday night, Joel was driving a Chevrolet Trailblazer on Wilmot Road with passenger Ashley when the car swerved off the road and went through a yard before hitting a tree, according to local police. The Lake County coroner’s office confirmed that both victims died at the scene. It is believed by authorities that the crash was due to weather conditions. The deputy chief said that he had to drive through rain and snow to get to the scene of the accident. However, toxicology tests are being conducted. But police said there was no indication of drugs or alcohol being a factor.

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