Category: personal injury law

Workplace Accident Statistics in Bexar County – South Texas | Safety Guide

personal injury law, workers compensation lawyers, workplace accidents

Published by Carabin Shaw – San Antonio Personal Injury Lawyers

Workplace Accident Statistics in Bexar County and South Texas: Understanding Trends and Prevention

Workplace accident statistics in Bexar County and South-Central Texas reveal concerning trends that demand attention from employers, workers, and safety professionals throughout the region. The diverse industries driving the local economy present unique hazards that contribute to injury rates affecting thousands of workers annually. Workplace accident statistics in Bexar County demonstrate particular challenges facing younger, less experienced workers who enter hazardous industries without adequate safety training. Examining workplace accident statistics in Bexar County and the broader South Texas region helps identify patterns, understand contributing factors, and develop effective prevention strategies that protect the workforce. More on our workers comp lawyers San Antonio here

Overview of Workplace Accidents in the Region

Workplace accidents occur across all work environments, from offices and retail establishments to factories and construction sites. These incidents produce consequences extending beyond the immediate physical injuries, affecting families, coworkers, and entire organizations.

Understanding common accident causes helps both workers and employers take proactive measures to reduce incidents. Slips, trips, and falls consistently rank among the most frequent injury types, constituting a significant percentage of workplace injuries across industries. Machinery accidents and repetitive motion injuries also contribute substantially to regional statistics. Find more information about our San Antonio workers Compensation Lawyers on this page

Employers bear responsibility for prioritizing safety training, maintaining equipment properly, and ensuring safe working environments. Workers must remain vigilant, follow established safety protocols, and report hazards they encounter. This shared responsibility creates the foundation for safer workplaces throughout Bexar County and South Texas.

Key Industries and Their Safety Challenges

Several industries drive the Bexar County economy, each presenting distinct workplace safety challenges that require targeted prevention approaches.

Manufacturing. The manufacturing sector maintains a prominent presence in the region, with companies producing machinery, textiles, and various products. Workers in this industry regularly encounter heavy equipment and complex machinery that can cause serious accidents when safety protocols are not strictly followed. Proper lockout/tagout procedures, machine guarding, and comprehensive training prove essential for preventing manufacturing injuries.

Healthcare. Hospitals and clinics provide essential services throughout Bexar County, but healthcare work involves significant hazards. Patient handling injuries, exposure to infectious materials, needlestick injuries, and workplace violence all affect healthcare workers. Proper lifting techniques, personal protective equipment, and violence prevention programs help mitigate these risks.

Construction. Ongoing development projects fuel a thriving construction industry in the region. Construction sites present multiple hazards including falls from heights, struck-by accidents, equipment incidents, and exposure to harmful substances. Workers must remain vigilant and adhere to safety guidelines consistently to minimize risks.

Transportation and Logistics. Numerous trucking companies operate in Bexar County, making driver safety paramount. Long hours, fatigue, vehicle accidents, and loading/unloading injuries all affect transportation workers. Proper training, adherence to hours-of-service regulations, and vehicle maintenance programs help protect workers in this sector.

Recent Accident Statistics and Trends

Recent data reveals concerning increases in workplace accidents across Bexar County and South Texas that highlight the need for improved safety measures throughout the region.

The past several years have seen steady increases in reported incidents, attributable to various factors including economic growth and expanding job opportunities. While more employment benefits the regional economy, increased workforce numbers correlate with higher accident totals when safety programs do not keep pace with expansion.

Certain sectors have experienced sharper increases than others, suggesting that safety protocols may not be scaling appropriately with workforce growth. This trend indicates an urgent need for enhanced training programs and safety investments.

The demographics of injured workers have shifted notably, with younger, less experienced employees featuring prominently in recent statistics. Workers aged 18 to 34 account for a disproportionate share of workplace injuries, often due to inadequate experience and incomplete awareness of safety protocols. This pattern underscores the critical importance of effective onboarding and continuous training programs for new workers.

Common Causes of Workplace Accidents

Understanding the factors that contribute to workplace accidents helps employers and workers implement targeted prevention measures.

Slips, Trips, and Falls. These incidents occur frequently in warehouses, construction sites, retail environments, and virtually every workplace setting. Wet floors, uneven surfaces, cluttered walkways, and inadequate lighting all contribute to fall accidents. Proper housekeeping, prompt spill cleanup, adequate lighting, and appropriate footwear significantly reduce these incidents.

Equipment Malfunctions. Inadequate maintenance, operator error, and outdated machinery all contribute to equipment-related accidents. Regular inspections, timely repairs, comprehensive operator training, and equipment upgrades help prevent these incidents. Older equipment lacking modern safety features poses particular risks that employers must address.

Human Error. Distractions, fatigue, and inadequate training contribute significantly to workplace accidents. Workers facing multiple demands, insufficient rest, or incomplete preparation make mistakes that lead to injuries. Addressing these factors through proper scheduling, break policies, and comprehensive training programs reduces human error incidents.

Overexertion. Lifting heavy objects, performing repetitive tasks, and working in awkward positions cause musculoskeletal injuries affecting workers across industries. Ergonomic programs, mechanical lifting aids, job rotation, and proper training on lifting techniques help prevent overexertion injuries.

Demographics of Affected Workers

Understanding which workers face the greatest injury risks helps target prevention efforts effectively.

Younger workers, particularly those aged 18 to 34, experience workplace injuries at disproportionately high rates. This age group often lacks the experience to recognize hazards and may not fully understand safety protocols. Comprehensive onboarding programs and ongoing mentorship can help protect these vulnerable workers.

The ethnic diversity of the regional workforce affects workplace safety in important ways. A significant portion of affected workers identifies as Hispanic or Latino, reflecting the demographic composition of Bexar County and South Texas. Language barriers can exacerbate injury risks when workers struggle to understand safety instructions or training materials provided only in English. Bilingual training programs and safety communications help address this challenge.

Workers in lower-income positions experience accidents more frequently, possibly due to inadequate safety measures in less regulated work environments. These workers may also face pressure to work faster or skip safety procedures, increasing their vulnerability to injury.

Impact of Workplace Accidents

Workplace accidents produce consequences extending far beyond immediate physical injuries, affecting workers, families, employers, and the broader community.

Economic Consequences. Injured workers face lost wages, medical expenses, and potential long-term disability costs. Employers experience reduced productivity, increased insurance premiums, workers’ compensation costs, and potential regulatory fines. These economic impacts affect both individual families and regional businesses.

Mental Health Effects. Workplace accidents often cause psychological harm including anxiety, depression, and post-traumatic stress. Injured workers may experience flashbacks, difficulty concentrating, sleep disturbances, and fear of returning to work. Addressing mental health needs is essential for complete recovery.

Legal Ramifications. Workers’ compensation claims, potential lawsuits, and regulatory investigations all follow workplace accidents. Understanding rights and responsibilities helps both workers and employers navigate these complex legal processes.

Safety Regulations and Compliance

Federal and state safety regulations establish minimum requirements for workplace safety throughout Texas. The Occupational Safety and Health Administration sets standards that apply across industries, while specific regulations govern particular hazards and work environments.

Compliance requires ongoing commitment rather than one-time efforts. Regular training sessions ensure all employees understand safety protocols and their importance. Routine workplace inspections identify potential hazards before they cause injuries. Accurate recordkeeping documents training completion and incident history.

Employers should cultivate safety cultures where workers feel comfortable reporting unsafe conditions without fear of retaliation. This proactive approach identifies and addresses hazards before accidents occur.

Prevention Strategies and Best Practices

Effective prevention programs incorporate multiple strategies tailored to specific workplace hazards.

Regular safety training sessions ensure all employees understand potential hazards and correct procedures for their work environments. Training should occur during onboarding and continue throughout employment with regular refresher courses.

Proper equipment maintenance prevents failures that lead to accidents. Regular inspections, timely repairs, and equipment upgrades when necessary keep machinery operating safely.

Clear safety protocols tailored to specific work environments provide guidance employees can reference easily. Personal protective equipment appropriate for specific tasks must be available and used consistently.

Encouraging hazard reporting creates systems where employees actively participate in identifying and addressing safety concerns. Workers closest to hazards often recognize risks that supervisors might miss.

Resources for Workers and Employers

Multiple resources help workers and employers create safer workplaces throughout Bexar County and South Texas.

OSHA provides information on occupational safety regulations, training materials, and guidelines through its website and regional offices. The Texas Department of Insurance offers resources tailored for businesses, including safety training and risk management guidance.

Local industry associations provide networking opportunities, workshops, and seminars focused on safety best practices. Sharing knowledge and experiences with peers in similar industries helps organizations learn from each other’s successes and challenges.

Workers should understand their rights regarding workplace safety, including the right to report hazards without retaliation and the right to receive safety training in languages they understand.

Workplace safety requires commitment from everyone involved, from individual workers to company leadership. The Carabin Shaw Law Firm has represented injured workers throughout Bexar County and South Texas for decades, helping them understand their rights and pursue fair compensation when accidents occur. If you have been injured on the job, call 210-222-2288 to speak with attorneys who understand local industries and the challenges workers face.

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Austin Car Accident Attorney | Accident Reconstruction

car accident attorneys, personal injury law

Carabin Shaw is one of the leading personal injury law firms in Texas. They have extensive experience in Personal Injury Claims-Car Accident Cases, focusing on securing maximum compensation for clients that reflects the full extent of their medical bills, property damage, and pain and suffering.
Specialization: Personal injury, car accidents, wrongful death, 18-wheeler accidents.

Austin Car Accident Attorney: Why Our Team Uses Accident Reconstruction Experts

The other driver claims you ran the red light. You know they’re lying—the light was green when you entered the intersection. But in the chaos following your car accident, you didn’t photograph the traffic signal or measure skid marks. Now it’s your word against theirs, and the insurance company is using that dispute to deny your claim. Our Austin car accident attorney team faces these situations regularly, and we’ve learned that accident reconstruction experts often hold the key to proving what really happened. These specialists apply physics, engineering, and forensic analysis to reveal truths that eyewitness accounts alone cannot establish.

What Accident Reconstruction Experts Do

Accident reconstruction is a forensic science that determines how vehicle collisions occurred. Experts in this field analyze physical evidence, apply scientific principles, and develop conclusions about accident causes and contributing factors. Our car accident lawyers Austin work with experienced reconstructionists who bring credibility and expertise to disputed liability cases.

The Science Behind Reconstruction

Accident reconstructionists use physics and engineering principles to analyze crashes. They calculate vehicle speeds based on skid mark lengths and road surface friction. They determine impact angles from vehicle damage patterns. They analyze momentum transfer to understand how vehicles moved during and after collisions.

This scientific approach produces conclusions based on physical evidence rather than potentially unreliable human memory. When witnesses disagree about what happened, reconstruction evidence often resolves those disputes definitively.

Types of Analysis

Our Austin car accident lawyers engage reconstructionists for various analytical tasks depending on case needs:

Speed analysis determines how fast vehicles were traveling before, during, and after collisions. This analysis proves crucial in cases involving speeding allegations or disputes about whether drivers had time to react to hazards.

Point of impact determination establishes exactly where vehicles first contacted each other. This information resolves disputes about lane positions, intersection entry timing, and right-of-way questions.

Visibility studies examine what drivers could and couldn’t see at the time of accidents. These studies address claims about obstructed views, sun glare, or inadequate lighting.

Event timing analysis creates detailed timelines showing exactly what happened in the seconds before, during, and after collisions. This analysis proves particularly valuable in complex multi-vehicle accidents.

When Our Car Accident Attorneys Austin Use Reconstruction Experts

Not every car accident case requires expert reconstruction. Our Austin car accident attorney team evaluates each case to determine whether reconstruction analysis will add value.

Disputed Liability Cases

When the other driver denies fault or insurance companies dispute liability, reconstruction evidence can prove decisive. Our car accident lawyer Austin uses expert analysis to establish that the other driver caused the collision, countering false narratives with scientific evidence.

Serious Injury Cases

Cases involving catastrophic injuries or death justify the investment in expert analysis. When our clients face life-changing consequences from accidents, our Austin car accident lawyers use every available tool to maximize their compensation—including reconstruction experts who strengthen liability evidence.

Complex Multi-Vehicle Accidents

Chain reaction collisions on I-35 or Highway 183 create complicated liability questions. Multiple vehicles, multiple impacts, and conflicting accounts make these cases challenging. Reconstruction experts untangle the sequence of events, identifying which driver’s negligence initiated the chain reaction.

Hit-and-Run Cases

When at-fault drivers flee accident scenes, reconstruction evidence helps identify the type of vehicle involved and how the collision occurred. Our car accident attorneys Austin use this analysis to support hit-and-run investigations and strengthen claims.

Commercial Vehicle Accidents

Truck accidents and commercial vehicle collisions often involve significant damages and aggressive defense from company insurers. Reconstruction evidence strengthens our clients’ cases against well-funded opponents.

How Reconstruction Evidence Strengthens Claims

Accident reconstruction contributes to successful car accident claims in several important ways.

Overcoming Conflicting Testimony

Eyewitness testimony is notoriously unreliable. Witnesses view accidents from different angles, have different attention levels, and remember events differently. At-fault drivers have obvious incentives to shade their accounts. Reconstruction evidence provides objective analysis that resolves testimonial conflicts.

Our Austin car accident attorney team presents reconstruction evidence alongside witness testimony, showing juries and insurance adjusters that physical evidence confirms our clients’ accounts of how accidents occurred.

Demonstrating Speed and Force

Accident victims often know they were hit hard but struggle to articulate just how severe the impact was. Reconstruction experts calculate impact speeds and forces in concrete terms that everyone understands. When an expert testifies that your car was struck at 55 mph, generating forces equivalent to a specific measurable impact, the severity of your accident becomes undeniable.

Visual Presentations

Reconstructionists create visual aids that help juries understand complex accident dynamics. Computer animations, scaled diagrams, and photographic overlays translate scientific analysis into presentations anyone can follow. Our car accident lawyers Austin use these visuals to make complicated cases clear and compelling.

Expert Witness Testimony

Reconstruction experts testify as expert witnesses at trial, explaining their methodology and conclusions to juries. Their credentials and scientific approach lend credibility that strengthens our clients’ cases. Insurance companies know that reconstruction testimony at trial often produces plaintiff-favorable verdicts, which motivates better settlement offers.

Selecting the Right Expert

Not all accident reconstructionists are equal. Our Austin car accident lawyer team carefully selects experts whose qualifications, experience, and communication skills maximize their value to our clients’ cases.

Credentials Matter

We work with reconstructionists holding relevant engineering degrees, professional certifications, and specialized training. Credentials matter because they establish expertise that insurance companies and juries respect.

Experience in Similar Cases

An expert who has reconstructed hundreds of intersection accidents brings more value to an intersection collision case than a generalist with limited specific experience. Our car accident attorneys in Austin match experts to cases based on relevant experience.

Communication Skills

Brilliant analysis means nothing if experts can’t explain their conclusions clearly. We work with reconstructionists who communicate effectively to lay audiences, translating complex physics into understandable testimony.

The Investment in Expert Analysis

Quality accident reconstruction requires significant investment—experts charge substantial fees for their time and analysis. Our Austin car accident attorneys advance these costs on behalf of clients, recovering them from settlements or verdicts. We invest in reconstruction when the analysis will generate returns exceeding its cost.

This strategic approach ensures our clients get expert analysis when it helps their cases without paying for unnecessary expenses. Our car accident lawyer Austin team evaluates each case individually, recommending reconstruction when it makes sense for achieving maximum compensation.

Building the Strongest Possible Case

Our Austin car accident attorneys use every available tool to build the strongest possible cases for our clients. Accident reconstruction experts represent one powerful tool in our arsenal—scientists who can prove what happened when memories conflict and insurance companies deny responsibility.

If you’ve been injured in an Austin car accident where liability is disputed, our team can evaluate whether reconstruction analysis would benefit your claim. We’re committed to proving the truth and securing the compensation you deserve.

 

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Is a Broken Arm a Catastrophic Injury? Causes, Complications & Legal Advice

General, personal injury law

 

Is a Broken Arm a Catastrophic Injury?

Catastrophic injuries are life-altering events that result in significant and often permanent damage, affecting a person’s ability to work, perform daily tasks, or maintain their quality of life. While commonly associated with traumatic brain injuries, spinal cord damage, or amputations, other injuries, like a broken arm, may sometimes reach this threshold depending on the severity and long-term implications. 

This guide explores whether a fractured arm can be considered a catastrophic injury, focusing on complications, recovery challenges, and the broader impact on an individual’s life. Understanding this distinction is essential for both medical and legal perspectives.

What Is a Catastrophic Injury?

A catastrophic injury is a severe trauma that results in long-term or permanent disability, significantly impairing an individual’s quality of life and ability to perform daily activities. Such injuries often involve critical areas like the spine, spinal cord, or brain, leading to profound physical and emotional challenges.

Is a Broken Arm a Catastrophic Injury?

A broken arm, medically termed an arm fracture, involves a crack or break in one or more of the arm’s bones—the humerus, radius, or ulna. Such injuries commonly result from falls, accidents, or sports-related incidents.

While a broken arm is not typically classified as a catastrophic injury, it can reach this threshold in severe cases.

Overview of Broken Arm Injuries 

A broken arm, or arm fracture, involves a break in one or more of the three bones comprising the arm: the humerus (upper arm), radius, and ulna (forearm). These bones facilitate various movements and functions, making them susceptible to fractures.

Common Causes of Arm Fractures:

  • Falls: Landing on an outstretched hand or elbow during a fall is a frequent cause of arm fractures.
  • Sports Injuries: Contact sports or activities with a high risk of falls, such as football or gymnastics, often lead to fractures due to direct blows or awkward landings.
  • Trauma: Incidents like motor vehicle accidents can exert significant force on the arm bones, resulting in fractures.

Typical Symptoms:

  • Pain: Immediate and severe pain at the injury site.
  • Swelling and Bruising: There is noticeable swelling and discoloration around the affected area.
  • Deformity: The arm may appear misshapen or out of alignment.
  • Limited Mobility: Difficulty or inability to move the arm without pain.

Standard Treatment Options:

  • Immobilization: Using a cast or splint to align the bone fragments properly during healing.
  • Medication: Administering pain relievers to manage discomfort.
  • Surgery: In cases of severe fractures, surgical intervention may be necessary to realign and stabilize the bones using plates, screws, or rods.
  • Rehabilitation: Doing physical therapy exercises post-healing to restore strength and range of motion.

Prompt medical attention is crucial for proper diagnosis and treatment to ensure optimal recovery and minimize potential complications.

When Can a Broken Arm Be Considered Catastrophic? 

While many broken arms heal without significant issues, certain severe fractures can be considered catastrophic due to their profound and lasting impact on an individual’s life. Here are specific circumstances where a broken arm may be deemed catastrophic:

  • Compound Fractures: 

Also known as open fractures, these occur when the broken bone pierces the skin, creating an open wound. This exposure significantly increases the risk of infection, including osteomyelitis (bone infection), which can complicate healing and lead to prolonged medical treatment. Additionally, the severity of the injury may necessitate multiple surgeries and extended rehabilitation, potentially resulting in long-term functional impairment.

  • Nerve or Vascular Damage: 

Fractures that involve injury to nearby nerves or blood vessels can lead to serious complications. Nerve damage may result in loss of sensation, muscle weakness, or paralysis in the affected limb, while vascular injury can compromise blood flow, increasing the risk of tissue death. These complications often require immediate surgical intervention and can lead to permanent disabilities, affecting an individual’s ability to perform daily activities or return to work.

  • Multiple Fractures: 

When multiple bones in the arm are fractured, or a single bone is broken in multiple places (comminuted fracture), the injury becomes more complex. Such cases often require surgical fixation with plates, screws, or rods to stabilize the bones. The complexity of the injury can lead to extended rehabilitation periods and increased risk of complications like non-union (failure of the bone to heal). It may result in long-term functional limitations or chronic pain.

  • Non-Union or Malunion: 

Non-union occurs when a fractured bone fails to heal, while malunion refers to a bone that heals incorrectly. Both conditions can cause significant functional impairment, chronic pain, and deformity. Treatment often involves additional surgeries, such as bone grafting or corrective osteotomy, and prolonged rehabilitation. These complications can severely impact an individual’s quality of life and ability to perform daily tasks, potentially classifying the injury as catastrophic.

In these scenarios, a broken arm extends beyond a simple fracture, leading to substantial and enduring consequences that may classify it as a catastrophic injury.

How to Seek Help After a Severe Injury?

Experiencing a severe arm injury requires prompt medical and legal attention to ensure proper healing and to protect your rights.

Medical Attention

Immediate medical care is crucial for any fracture. Delaying treatment can lead to complications such as improper healing, increased pain, and long-term disability. Healthcare professionals will assess the fracture’s severity through physical examinations and imaging studies like X-rays or CT scans. 

For severe fractures, especially those involving multiple breaks or open wounds, advanced treatments may be necessary. Surgical interventions, such as open reduction and internal fixation, involve realigning the bone fragments and securing them with hardware like plates and screws. 

Post-surgery, physical therapy is vital in restoring the injured arm’s strength, flexibility, and function. A tailored rehabilitation program can significantly enhance recovery outcomes.

Legal Support

Consulting a catastrophic injury lawyer is essential if your injury resulted from someone else’s negligence. An experienced attorney can help determine liability, navigate complex legal procedures, and advocate for your rights. 

They can assist in gathering evidence, negotiating with insurance companies, and representing you in court if necessary. Compensation for catastrophic injuries may cover medical expenses, lost wages, pain and suffering, and rehabilitation costs. Securing legal representation increases the likelihood of receiving fair compensation to support your recovery and financial stability.

Addressing medical and legal aspects promptly after a severe arm injury ensures comprehensive care and protection of your interests.

Implications of Classifying a Broken Arm as Catastrophic 

Classifying a broken arm as a catastrophic injury can have significant implications, offering both potential benefits and challenges.

Potential Benefits:

  • Access to Specialized Medical Care: Recognizing a broken arm as catastrophic may qualify you for advanced treatments, including specialized surgeries and comprehensive rehabilitation programs aimed at achieving optimal recovery.
  • Compensation Opportunities: This classification can make you eligible for various forms of compensation, such as workers’ compensation benefits, which may cover medical expenses, lost wages, and disability benefits. For instance, workers’ compensation often provides scheduled loss awards for specific injuries, including arm fractures.

Possible Challenges:

  • Legal Hurdles: Establishing a broken arm as a catastrophic injury requires navigating complex legal criteria, which can vary by jurisdiction. This process may involve detailed assessments and adherence to specific legal standards.
  • Comprehensive Medical Documentation: To support your claim, you must provide thorough medical records detailing the injury’s severity, treatment plans, and long-term prognosis. Accurate and complete documentation is crucial for substantiating the catastrophic nature of the injury.

Conclusion

While a broken arm is not typically classified as a catastrophic injury, certain severe cases involving complications like nerve damage, multiple fractures, or non-union can profoundly impact an individual’s quality of life and ability to function. Understanding when a broken arm crosses this threshold is essential for obtaining appropriate medical care and legal support. Prompt treatment and a comprehensive recovery plan are critical to minimizing long-term effects. If negligence played a role in the injury, consulting with a qualified attorney can help secure the compensation needed to navigate recovery and rebuild your life effectively.

Attorney Advertising: The information contained on this page does not create an attorney-client relationship nor should any information be considered legal advice as it is intended to provide general information only. Prior case results do not guarantee a similar outcome.

 

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Have You Been Injured In An Accident?

personal injury law

This Blog was brought to you by The Carabin Shaw Law Firm – Call Shaw! – Personal Injury Lawyer

Have You Been Injured In An Accident?

When people are injured or when someone has died in a car accident due to the negligence of another driver, the negligent driver is responsible for compensating the victim or family for a personal injury or wrongful death cause of action. More about our San Antonio Car accident lawyer here

Liability Insurance

Most often, an insurance company is standing behind the defendant in a lawsuit arising out of an automobile accident. This is both good and bad for the plaintiff. It is good in the sense that the object of liability insurance is to pay for just such injuries and property damage, and settling a claim with the insurance company should be fairly straightforward. On the downside, however, is the fact that insurance companies are financially motivated not to pay claims unless they have to, and in that case to pay as little as they can. To that end, insurance companies use their vast financial resources to employ claims adjusters and attorneys whose job is to limit the company’s exposure to third parties. When dealing with an insurance company on a claim, it is often advisable to retain an experienced trial attorney who can level the playing field between you and the corporate giant.

All states require drivers to carry some form of liability insurance or proof of financial responsibility in the event of an accident. The minimum amounts of liability vary from state to state, but hover around $30,000 for personal injuries and $25,000 for property damage. People wanting to avoid personal liability over the policy limits may pay extra premiums to carry liability up to $100,000 or more. Regardless of these laws, however, as many as ten to twenty percent of drivers on the road do not maintain any form of insurance.

Uninsured and Underinsured Motorist Coverage

The easiest remedy against an uninsured motorist is to carry uninsured motorist (UM) coverage under your insurance policy. With UM coverage, your own company will pay you when you are injured by an uninsured motorist. Underinsured motorist (UIM) is companion coverage that will compensate you when your injuries exceed the other driver’s liability limits, to the extent the limits on your policy are greater than the negligent driver’s. State laws require insurance companies to offer UM/UIM coverage, but drivers are not necessarily required to carry it. Many drivers decline this coverage to save money on their premiums or because they do not understand the purpose of such coverage, but given the percentage of uninsured drivers on the road, it makes good sense to make UM part of your coverage.

No-Fault Insurance

Some state systems provide that your own insurance company will compensate you anytime you are injured in a covered incident, regardless of who is at fault. However, the policy limits under this system are generally low and only cover certain expenses, leaving you to sue the negligent driver directly to obtain a maximum recovery. When suing the negligent driver, whether under a no-fault system or because the driver was uninsured, you are left with the possibility of obtaining a judgment yet not being able to collect on it because the defendant does not have money or property to satisfy the judgment. Experienced attorneys know the many devices available to collect what they can, but some defendants are simply “judgment-proof” due to their low level of assets.

Contributory Negligence

Contributory negligence is a defense that holds that a plaintiff whose own negligence contributed to an accident or injury cannot recover from a negligent defendant who caused the accident. Most states have abandoned this rule in favor of some form of comparative fault. In states with pure comparative negligence laws, a plaintiff may recover against a negligent defendant for that portion of the defendant’s responsibility, even if the plaintiff was more negligent than the defendant. In other states, the plaintiff can only recover if they were less negligent than the defendant, or when the negligence of the plaintiff is less than or equal to the defendant’s comparative fault.
An experienced trial attorney will investigate each case individually and determine the proper responsible party, whether it is the maker of a defective automobile or part, a negligent driver, or an insurance company. Effective trial lawyers possess the skills to negotiate a favorable settlement with the insurance company, backed by the ability and willingness to take a case to trial where necessary.

Our attorneys have represented plaintiffs in car accident cases across the country for over 20 years. If you are the victim of serious personal injury from a motor vehicle accident, or if a loved one suffered a wrongful death at the hands of a negligent driver or defective automobile, contact our office to consult with an experienced attorney.

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As you know Carabin Shaw is a prominent San Antonio Law Firm representing injury victims of all kinds of accidents in Texas!
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Personal Injury Law: Dog Bite Injuries

Dog bite injury attorneys, personal injury law

This Blog was brought to you by the Carabin Shaw Law Firm Personal Injury Attorneys San Antonio

Personal Injury Law: Dog Bite Injuries

With an estimated 4.7 million dog bites occurring in the United States each year, nearly 800,000 of which require medical care, approximately two-thirds of bites occur on or near the victim’s property and most victims know the dog and the insurance industry paying out more than $1 billion in dog bite claims each year. Texas is among the majority of states that have legislation on the books that specifically pertain to dog bites. The Dog Bite Law might stipulate how a dog bite victim might recover damages, but it does not address those critical steps a victim should take immediately after being bitten. Considering these staggering statistics, please take the following information seriously in order to avoid your child being one of 82% of children under 15 years old being rushed to the emergency room from a dog bite. If you or anyone you know has been the victim of a dog bite, please contact our Law Firm for a free consultation. Unless they recover a settlement or judgment, you will not have to pay any fees. So, make that call today!
ore about our San Antonio Dog Bite Injury Attorney here

If Bitten by a Dog

The first thing you should do if you are bitten by a dog is to seek medical attention immediately. If you are not treated, a bite can cause serious injury, infection, and even death if the animal was diseased. With 50% of dog bite victims being children under 12 years of age, it is crucial that you educate your child on how to behave even with dogs they know well.

Educate your Children.

Studies have found that the number-one dog-bite prevention measure is education. Children who understand how to act around dogs, how to play with dogs, when to leave dogs alone and how to properly meet a dog are much less likely to be bitten. To address this need, the American Humane Society has created American Humane KIDS: Kids Interacting with Dogs Safely, a dog-bite prevention program specifically for children ages 4 to 7.

Supervise your Children.

Unsupervised children may innocently wander too close to a dangerous situation. Eighty-eight percent of fatal dog attacks among 2-year-olds occurred when the child was left unsupervised. Supervision of children, especially around dogs, is one way to help ensure they are safe.

Safe Rules of Behavior for Kids

Never Treat A Dog Unkindly. At the core, this means to treat all animals with the respect you would treat another living being. Never hit, kick, slap, or bite a dog or pull on his ears, tail, or paws. Don’t bother a dog when she is busy. Never bother dogs with puppies or dogs that are playing with or guarding toys, eating, or sleeping. Always leave service dogs alone while they are working. Don’t approach a dog you don’t know. Call the police if you see a dog that is tied up, being treated abusively, or left in a hot car. Do not approach the dog on your own. If you want to meet a dog, first ask the owner for permission. If the owner agrees, hold out your hand in a fist for the dog to sniff. If the dog is interested, you can give him a little scratch under the chin (not over the head) and say hello. If a loose dog approaches you, stand still like a tree. Keep your hands at your sides, and stay quiet and calm. Look away from the dog. If you are on the ground, curl up into a ball, like a rock. Keep your knees to your chest and your hands over your ears. Stay quiet and calm. Look down at your knees, not at the dog. Always make slow movements, set things down carefully, and dont run when youre around dogs, as this gets them excited and they may accidently hurt you.

Get Help

If an animal has bitten you or a loved one, you may be entitled to recover damages for any injuries that resulted. Determining your legal rights can be complicated. It may be unclear against whom to bring a claim and to what sort of damages you are entitled. To ensure that you receive just compensation, you should consider contacting an attorney with experience handling dog bite cases. Please contact the experienced Dog Bite Lawyers at our Law Firm for a free consultation. Unless they recover a settlement or judgment, you will not have to pay.

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