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Car Accidents with Uber and Lyft: What to Know

Posted on by Zreyna Law

As people venture out these days, the options for staying safe while enjoying drinks with family and friends are ever-increasing. Ridesharing services like Uber and Lyft have made it easier for families to require fewer vehicles, use less gas, get around more easily while traveling, and jaunt about town safely while enjoying an alcoholic beverage; however, the introduction of these services has come with its own set of issues. Car accidents with Uber and Lyft have become common and can occur due to a variety of causes. Not all motor vehicle collision attorneys are experienced in handling rideshare injury cases, but the Ezequiel Reyna, Jr. Law Office has a team of successful lawyers ready to hear about your situation and give you the best free legal advice.

Uber and Lyft Dangers

Thousands of Texans rely on ridesharing companies for everyday transportation – for everything from a ride to the airport, to a designated driver for date night. A few things unsuspecting riders may not know are that the screening process and qualification process for becoming an Uber driver or Lyft driver are not very thorough or rigorous. This has led to sexual assaults and car accidents resulting in serious injuries and even death.

There were over 3,045 sexual assaults reported in one year for Uber, which means even more occurred as these injuries are less often reported. There were also 58 crash-related deaths in ridesharing accidents in the U.S. in 2019. Ridesharing itself has increased motor vehicle accident fatalities by 3% overall across the country.

Rideshare Accident Liability

Rideshare accident victims’ legal cases are more complex than a regular car accident for many reasons, one of which is that victims often have to deal with multiple insurance companies. Carriers and adjusters may argue over who was at fault, the severity of your injuries, which insurance policy will cover the incident, and how much coverage to afford. The best way to tackle these complications is to get help from an attorney, especially while you recover from your injuries under a doctor’s care.

While the driver themselves can be held accountable for the damages you suffer, the rideshare company may also be held liable for the driver’s actions. The timing of when a car accident with Uber or Lyft occurs affects how much potential insurance is available. Under Uber’s insurance policy, if a driver is online (listed as an available driver) with the rideshare service but has not yet matched with a passenger (accepted a ride), they are covered under the company’s liability policy – but only part of it. Uber insurance covers the car accidents caused by “waiting” drivers up to:

  • $50,000 per person
  • $100,000 total in bodily injury coverage per accident
  • $25,000 total property damage coverage per accident

When a rideshare driver matches with a passenger and then gets into a car wreck while on the way to pick up that passenger or while driving that passenger, Uber’s insurance policy kicks-in in full and provides at least $1 million worth of coverage per accident.

Rideshare Safety Tips

When considering a ride with an Uber or Lyft driver, be sure to observe the following safety tips to ensure you have the best possible experience:

  • Always check your driver’s rating before accepting a ride
  • Verify your driver’s identity before entering their vehicle by ensuring their license plate, photo, and name match what is shown in your app
  • Make sure the driver verbally confirms your name as the passenger they are supposed to pick up
  • Wear your seat belt
  • Report unsafe driving behaviors on the ridesharing app and/or the driver’s license plate and location to the police if you are concerned
  • If you are riding alone, ride in the backseat
  • Always remain aware of your surroundings and travel route – you can even track your route to your destination by programming the address into Waze or Google Maps to follow along
  • Click “Share Status” in the app while you are on your rideshare and this will share your location and the driver’s information with the person of your choice – tell your driver you are sharing this information as it can serve as a deterrent to potential criminal activity

Lawyers for Weslaco Car Accidents with Uber and Lyft

If you’ve been injured after an accident involving an Uber or Lyft, we understand how complex things are for you – both with regard to your legal claims and with regard to your medical recovery. Our experienced trial lawyers will work on your behalf to help you recover the damages you deserve. Schedule a free case consultation and evaluation with an attorney today by calling 956-968-9556. You pay nothing upfront. We recover financial damages for you on a contingency fee basis only, so if we are not able to obtain a recovery, you owe us nothing.

What You Should Do Immediately After a Car Accident

Posted on by Zreyna Law

In Texas, we drive a lot – whether it’s to take our kids to school or to get to and from work – we spend a lot of time in our vehicles. Most of the time we take our safety while driving for granted, only focusing on getting to our destination on time and not about getting into a car wreck. Unfortunately, Texas car accidents are common. In fact, 3,896 people were killed in auto accidents in our great state in 2020, a 7.54% increase over the previous year and 12,107 crashes resulting in physical injury were reported with 14,656 people sustaining a serious injury. Since roadway collisions are so common and injuries so often result, it is important for everyone to know what you should do immediately after a car accident.

Steps To Take After Being injured In an Auto Accident

If you were a driver or passenger injured in an auto accident, the first thing you should do is move yourself and your vehicle to a safe location if you are physically able. Put on your emergency or hazard signal lights to alert oncoming cars, trucks, and other vehicles to the fact that a crash has occurred and people are present on the road. Make sure that you do not leave the scene of the accident unless it is with emergency medical personnel who are transporting you for treatment.

After the people involved in the car accident are moved away from danger, the next steps to take include:

  • Calling Law Enforcement: It is crucial to report the car accident to law enforcement right away so they can investigate and create an official accident report. This report is one of the most important pieces of evidence in your claim for damages because it will help establish who is at fault or who caused the accident. When the police arrive, be sure to tell them exactly what happened but do not guess or speculate. If they ask if you are hurt, don’t say no – say you are not sure because injuries very commonly are felt only hours after the impact of a collision.
  • Collecting Necessary Information: You will need to gather information from the other parties involved in your car accident (both drivers and passengers), including names, contact information, vehicle descriptions, driver’s license numbers, and insurance company names and policy numbers. You will also need to get information from any witnesses, including their names and contact information.
  • Documenting the Accident Scene: Use your mobile phone to take pictures of the vehicles involved in the accident, including the areas of damage and the positioning of each vehicle. Document the area around the crash, showing what you saw when driving up to the location and what is around the scene. Look around for security or surveillance cameras because the footage can be helpful and show a video of how the entire wreck happened.
  • Seeking Out Medical Treatment: Even if you don’t feel hurt, you may have suffered an injury and not be feeling the effects. It is important to be medically evaluated following a car accident even if you think your injuries are minor so that you can ensure you are safe and healthy, and so that there is documentation that connects your damages to the crash. You can and should also take pictures or videos of your injuries and the injuries of anyone else in your vehicle to document the damages caused by the crash.
  • Consulting a Personal Injury Lawyer: While it is likely not the first thing you think about after being hit by another driver, it is important to at least talk to a personal injury lawyer after being injured in an auto accident. The facts of each individual’s car accident are unique so what one person you know might have experienced in their wreck will likely not be the same as what happens to you. Talking to someone who has spent their entire career helping car accident victims is a good idea, and with our law firm, such consultations are free and available in both Spanish and English.

Weslaco Car Accident Lawyers

If you have been injured in a South Texas car accident, you may not know what to do. We hope the list of steps we provided above can be helpful, but we know it can’t help you resolve everything on your own. By hiring experienced legal representation, you won’t have to worry as much about your next steps. Contact the Weslaco, Texas car accident lawyers at Ezequiel Reyna, Jr. Law Office today to discuss your case in a free consultation. There is limited time to act following a motor vehicle crash in Texas and evidence will disappear as the scene is cleaned up and vehicles are repaired, so don’t wait too long to reach out.

When Can You Sue Your Landlord for Getting Hurt?

Posted on by Zreyna Law

Many Texans rent their living accommodations rather than owning. If you do, you are guaranteed the right to a healthy and safe living environment. Unfortunately, not all Texas landlords provide their tenants with reasonably safe living spaces, whether homes, apartments, condos or other habitations. When this happens, people can be injured as a result. If you have been injured in an apartment accident or injured due to the negligence of a landlord in another type of rental property, you can sue your landlord for getting hurt in many circumstances. However, landlords are not automatically liable for all injuries tenants suffer at their rental properties.

A personal injury lawsuit against a landlord can only be successful if you can prove that you were injured due to your landlord’s negligence, carelessness, and prove that they caused or contributed to the injuries through various types of evidence, including pictures or videos of the accident, medical records and bills, police reports or other government entity investigative documents, witness statements, and more. The tenant must show the landlord’s action or inaction naturally and foreseeably caused his or her resulting physical injury. Sometimes landlords can also be held legally responsible for injuries to guests or other people visiting the rental unit.

When a landlord’s behavior is the proximate cause of a tenant’s injury, a court can hold the landlord liable even if they didn’t intend any harm. An act or failure to act by the landlord can be considered the proximate cause of a tenant injury when an ordinary person could reasonably foresee that the landlord’s actions or inactions would cause the injury that occurred.

Tenant Injuries in Unsafe Rental Properties

The theory of liability often used in rental property injury cases is called premises liability. Under this area of the law, your landlord has a duty to fix unsafe conditions when notified by a tenant and failed to do so. Important components of this type of personal injury case include:

  • Fixing the problem would not have been unreasonably expensive.
  • The accident would not have occurred if your landlord had fixed the problem.
  • Your injury was serious and foreseeable.
  • Your landlord’s failure to fix the condition or warn of the hazard caused your injuries.

Rental property accidents can be caused by any number of issues, though common causes can include broken staircases, defective or malfunctioning railings, broken or absent carbon monoxide/smoke detectors, damaged floors, asbestos, and more. In addition, landlords must comply with all applicable health and safety laws, and their failure to do so can be considered automatically negligent and make them liable for any resulting accidents and injuries.

If you are injured in an apartment or other rental property and the injury was caused by an unsafe condition, you must act quickly to ensure your rights are protected. Take the following immediate steps so you can sue your landlord for getting hurt:

  • Get emergency medical attention. Seeking timely and adequate medical treatment is crucial both for your own health and safety and also to document the extent and severity of your rental property injuries. Your doctor’s report and potential testimony can be critical in persuading an insurer and/or a judge or jury about the amount of compensation that you deserve to be paid for the injuries you suffered.
  • Take pictures or video of the accident scene, your own body – including your clothing and footwear, and any injuries or have someone else assist you if your injuries prevent you from being able to do this yourself.
  • Document what happened in writing, even if it is “written” in the Notes application on your mobile phone so that you can capture the events as they happen while your memory is still fresh and before you have a chance to forget anything.
  • Inform your landlord in writing that you were injured and ask them to contact their insurance provider. If the landlord does not take the appropriate steps, you should move forward with bringing a personal injury lawsuit.
  • Preserve evidence of your financial losses such as medical bills, lost wages, pay stubs, transportation receipts, parking receipts, and more.

South Texas Lawyers for Tenant Injury Cases

Those injured in rental property accidents only have a certain amount of time to file a lawsuit against their landlord to recover financial compensation for their damages. In Texas, the statute of limitations for personal injury claims is two years from the date of the incident – meaning, an injury victim or the family of someone wrongfully killed only has two years from the date of the injurious event to sue a negligent landlord. Waiting longer than two years will most likely bar your right to seek or recover financial compensation.

The Weslaco, Texas personal injury trial lawyers of Ezequiel Reyna Jr. Law Office have over 40 years of experience handling cases like yours. We are proud to represent and serve the members of our community in both English and Spanish and to help you recover the financial damages you are due if someone else causes you harm.

How Tailgating Causes Car Accidents

Posted on by Zreyna Law

Everyone gets frustrated while driving on the roads. When other drivers aren’t paying attention or are going too slow in the fast lane, you inevitably feel the urge to tailgate them out of frustration. Or perhaps you have been distracted by something in the car or been on the phone and ended up driving a little too closely to the vehicle in front of you. Tailgating is one of the most dangerous driving maneuvers on the roads today and can quickly lead to serious car accidents. When a driver tailgates the vehicle in front of them, they place themselves and the other drivers and passengers nearby at risk of rear-end and side-impact collisions. According to the National Highway Traffic Safety Administration (NHTSA), rear-end collisions make up approximately 23 percent of all car crashes resulting in nearly 2,000 deaths and over 900,000 injuries.

What is Tailgating?

Tailgating occurs when a vehicle follows the car in front of it too closely relative to the speed of both cars. When we are taught how to drive, it is always recommended that drivers keep a safe distance away from the vehicle in front of their cars to make sure they have enough stopping time and distance if a vehicle ahead suddenly stops. When a driver chooses to tailgate, they remove that safety barrier and significantly reduce their ability to safely brake before rear-ending the vehicle in front of them or swerving and hitting a car to their left or right side. Unfortunately, there are many reasons why drivers choose to tailgate, including:

  • Anger or frustration with the vehicle in front of them
  • Aggressive driving style
  • Sense of self-importance or placing their own needs above the needs of others
  • False sense of security in their driving skills
  • Poor road conditions
  • Distracted or careless driving
  • Heavy traffic conditions

Heavy traffic often places multiple drivers into tailgating situations and can become a car accident nightmare if a chain reaction of rear-ending takes place, leading to a complex multi-vehicle accident.

How Does Tailgating Cause Car Accidents?

When a driver tailgates and subsequently reduces their potential stopping distance to avoid an auto accident, the likelihood of causing a collision increases significantly. Stopping distance is directly proportional to the size, weight, and speed of a vehicle and is different depending on what type of vehicle is being used. The stopping distance for a semi-truck will be much greater than the stopping distance of a passenger vehicle. It can take up to twice the distance for a heavy truck to stop suddenly as a passenger car going the same speed. You can easily see why a driver of either a passenger vehicle or semi-truck could cause a motor vehicle accident when tailgating as they have reduced the distance they have to stop when there are changes on the road ahead.

When a driver is tailgating, they also tend to lose their ability to see the road ahead. If they are following a vehicle very closely and can only see the back of the vehicle instead of a few hundred feet ahead, they may not see an accident ahead, a change in the road, a detour, or other issues that could require sudden stops. Hazards on the road ahead must be prepared for and a driver needs a significant amount of time and distance on the road to react. Tailgating takes these away from the driver and places them into a more precarious position when driving. The inability to prepare for hazards on the road ahead is a recipe for disaster. The more space a driver maintains between their car and the vehicle ahead of them, the more time and distance that driver has to react to any upcoming hazards on the road.

Can a Driver Be Held Accountable for Tailgating?

When a driver is tailgating and is unable to stop in time when the car ahead of them brakes, that is considered a rear-end collision. If the driver who is tailgating suddenly swerves into the next lane to avoid hitting the car ahead of them, and instead hits a car to their side, that can be considered a side-impact collision. These collisions can cause serious injuries and even death depending on the circumstances. Tailgating in these cases may constitute negligence as all drivers have a duty of care to other vehicles around them. Drivers are expected to operate their vehicles safely and to reasonably avoid causing an auto accident. Tailgating can be considered a violation of that duty. In many cases, the tailgater will be considered at fault for causing a car accident and will be held accountable both legally and financially for the damages they cause to other parties who are involved in the crash.

Weslaco, Texas Tailgating Car Accident Attorneys

If you have been in a car accident caused by a tailgater, you may be scared, frustrated, and not know what to do. This driver may have been following you aggressively for miles before hitting you, making it an even scarier situation. By selecting knowledgeable legal representation, you won’t have to worry as much about your next steps. Contact the South Texas tailgating car accident lawyers at Ezequiel Reyna, Jr. Law Office today to discuss your case in a free consultation. There is limited time to act following a motor vehicle accident in Texas, so don’t delay.

Hit By a Car While Working? Here’s What You Should Know.

Posted on by Zreyna Law

In Texas, thousands of workers are injured on the job each year. Many of those injuries occur due to on-the-job car accidents. If you were working and were hit by a car on the job, that type of workplace accident can be complicated to sort out. Being injured in a car accident while at work brings up a variety of legal issues that are usually not relevant in most motor vehicle crash claims. As with any injury, the facts of each case matter and require a thorough review by an experienced personal injury lawyer in order to ensure everything is addressed timely and appropriately.

Since you were injured on the job, you also need to notify your employer of the injury. In addition, there are many questions that need to be answered to determine how your auto accident injury claims will proceed, including:

  • Who hit you and is that person employed by your employer?
  • Does your employer have workers’ compensation coverage?
  • Who was found to be at fault for the crash in a police report or other official investigative document?
  • Were you at fault in any way for the incident?

How Workers Get Hit by a Car While Working

While it might sound uncommon, it’s actually not, because there are a wide variety of ways in which a worker can be hit by a motor vehicle on the job, including:

  • A coworker causes the accident by being distracted or otherwise negligent
  • An employer tells a trucker to work beyond the hours mandated by law and the trucker hits a roadway worker or dockworker
  • A third party falls asleep at the wheel and hits you
  • Workplace vehicles like forklifts malfunction or are not properly maintained and hit you
  • You’re working road construction and a vehicle veers into you
  • You get injured while driving your own vehicle or a company vehicle for work

While the causes are seemingly endless, so are the potential injuries and the costs associated with recovering from them. Workplace motor vehicle accidents can lead to injured victims needing hospitalization, surgery, doctors’ visits, rehabilitation, physical therapy, prescription and over-the-counter medications, assistive devices, mental health treatment, and more. The injured party should keep track of all expenses associated with the incident, including keeping copies of receipts and medical bills.

Texas Workers’ Compensation and Nonsubscribers

Texas employers either subscribe to the state’s workers’ compensation insurance program or are classified as nonsubscribers. If you’re hit by a car while working and your employer subscribes to workers’ comp, your employer will use that workers’ comp insurance to pay you benefits for medical bills, lost wages, and more, regardless of how the accident happened. Since workers are automatically insured under this system, they lose the legal right to sue their employer for their injuries. This bar to recovery is absolute in most cases, but you may not realize that a responsible third party was involved, which would leave you with both the comp recovery and the ability to file a civil lawsuit for personal injury against a non-employer.

A nonsubscriber is an employer that does not subscribe to the Texas workers’ compensation system. An injured worker’s rights are not limited when it comes to filing a lawsuit against an employer after being injured when the employer is a nonsubscriber. But even though your employer may not subscribe to workers’ comp, if you’re hurt by a third party, your employer may not be held responsible for it, at least solely – you would need to sue that third party as well. If you’re injured by a coworker or through your employer’s negligence and they don’t have workers’ comp, you can sue them and make them pay for your damages.

Settling Injury Claims Without a Lawyer Will Leave You Shortchanged

Since being hit by a car while working can potentially involve multiple parties and multiple forms of insurance, things can get really complicated really quickly. Accident victims who think they can represent themselves in an injury claim generally do not understand the full potential value of their claims. When a driver is at fault for a collision, there could be other negligent parties as well, including employers and other responsible third parties with larger insurance policies that could potentially pay you more money. Only an experienced trial lawyer will be able to track down all relevant insurance policies and ensure all appropriate responsible parties are located and sued.

These and other material facts of a car accident claim greatly impact the financial outcome in terms of the damages paid, so do not delay in contacting the Ezequiel Reyna Jr. Law Office today for more information on how we can help you recover from your injuries. Mr. Reyna and his team are proud to have served clients in Weslaco, Texas, and the surrounding communities for over 40 years and the firm provides free consultations to those in need of help.

Wrong Way Crash Accidents

Posted on by Zreyna Law

According to the AAA Foundation for Traffic Safety, Texas is number one in the nation for the highest number of wrong-way crash fatalities. The threat of running into a wrong-way driver is becoming more frequent, as deaths are now skyrocketing from these types of car crashes across the state. A recent study determined that between 2015 and 2018 an average of 77 people died each year in Texas in wrong-way crashes. This is up 29 percent from the previous time period between 2010 and 2014.  Why do drivers choose to drive the wrong way on a road and why are wrong way crash accidents so severe? When a driver goes the wrong way down a street and is coming towards you, you may only have seconds to react to avoid being hit head-on in a crash.

Why Does a Driver Choose to Drive the Wrong Way?

Drivers who drive the wrong way on a road typically have not made this choice consciously. There are many risk factors that can contribute to a driver going the wrong way. Some of the most common risk factors for wrong way driving include:

  • The driver is impaired by alcohol or drugs
  • The driver is older and/or has dementia
  • There are no passengers in the vehicle to tell the driver they are going the wrong way
  • The driver is unfamiliar with the area
  • The driver has night blindness
  • The roads lack proper signage
  • The driver ignores road signs and traffic laws
  • The driver is on the road between midnight and 6:00 am
  • The driver chooses to pass a vehicle on a two-lane road when it is not safe

The majority of wrong-way crashes take place when a driver who is impaired does not realize they are driving the wrong way on a roadway. The most common timeframe within which a wrong-way crash takes place is between 2:00 am and 3:00 am. These times correspond directly to when Texas bars close their doors. At least 60 percent of wrong-way accidents in our great state involve at least one impaired driver.

Common Injuries that Occur in Wrong-Way Accidents

Wrong-way crashes, while not as common as other types of car crashes, often cause some of the most severe injuries. Wrong-way crashes are usually head-on collisions that take both drivers by surprise. A head-on collision is a type of car crash that happens when the front ends of two vehicles are hit straight on. They are one of the deadliest types of crashes on the roads today. On top of the common medical trauma sustained in a car accident, severe wrong way crash injuries can and often do result from direct force trauma caused by the sheer force of the impact.

Direct force trauma injuries can include:

  • Shoulder joint damage
  • Collar bone fracture
  • Pierced lungs
  • Broken ribs
  • Internal organ damage of the kidneys, liver, spleen, diaphragm, and other organs

Many wrong-way crash victims may not realize they have internal injuries after the crash and can walk away thinking they are okay. Internal injuries often take time to fully present themselves, which makes seeking immediate medical treatment essential after a wrong-way crash.

Another factor to take into consideration with wrong-way crashes is the potential for car fires. Head-on vehicle collisions can quickly lead to car fires with explosive consequences. If the car dashboard is damaged and car wiring severed, the resulting sparks could ignite fuel in the area and lead to a car fire. Car fires can quickly increase the risk of death in a car accident. Fires spread quickly from under the hood into the passenger cabin; and, if an accident victim is incapacitated or is trapped in the cabin, they could succumb to smoke inhalation, serious burns, or other injuries.

How Can I Avoid Wrong-Way Crash Accidents?

Debbie Callahan, the continuing education chair for the Texas Professional Drivers Association provided the following tips for avoiding a wrong-way crash accident:

  1. Focus on defensive driving skills at all times when on the road.
  2. Focus your gaze up ahead on the road, constantly moving your eyes from the rearview mirror to the side mirrors to spot any potential hazards.
  3. Put phones away and keep your hands at 9 o’clock and 3 o’clock on the steering wheel.
  4. Properly wear a seatbelt on every drive.

These tips can help drivers have enough time to react if they see a wrong-way driver ahead on the road. Drivers will also be able to stay fully in control of their vehicles and make sudden maneuvers if they have kept their attention on the road ahead.

Weslaco, Texas Wrong Way Car Accident Attorneys

If you have been in a wrong-way car accident, you may be scared, frustrated, and not know what to do. By selecting knowledgeable legal representation, you won’t have to worry as much about your next steps. Contact the South Texas wrong-way car accident lawyers at Ezequiel Reyna, Jr. Law Office today to discuss your case in a free consultation. There is limited time to act following a motor vehicle accident in Texas, so don’t delay.

The National Trial Lawyers Announces Ezequiel Reyna as One of Its Top 10 National Latino Trial Lawyers in Texas

Posted on by Zreyna Law

The National Trial Lawyers announced that Ezequiel Reyna of the Law Offices of Ezequiel Reyna Jr., P.C., in Weslaco has been selected for inclusion into its Top 10 National Latino Trial Lawyers list, an honor given to only a select group of lawyers for their achievements in the field. With his selection, Mr. Reyna has proven that he exemplifies superior qualifications, leadership skills, and trial results as a trial lawyer.

The Top 10 National Latino Trial Lawyers Association Award is a professional honorary organization for distinguished lawyers across the United States. Its membership is composed of the Top 10 National Latino Trial Lawyers in each state or region who have demonstrated excellence and have achieved outstanding results in their careers in areas of practice.

Commenting on the award, Ezequiel Reyna said, “I am truly honored to receive this award from the National Trial Lawyers Association, who are leaders in providing essential legal news and education. Because of my background and culture, I am able to connect and understand the reality of the population we serve. We have bilingual staff that offers free consultations and provides 24/7 service.”

“It’s important to be accessible to all our clients and serve the Latino community effectively,” said Reyna.

ABOUT EZEQUIEL REYNA LAW OFFICE

The Ezequiel Reyna Law Office is the largest personal injury firm in the Rio Grande Valley. The firm represents individuals and their families in serious personal injury cases. Reyna has acquired well over $1 billion in verdicts and settlements in his career and has fought against some of the largest companies in the world. To contact Ezequiel Reyna, call 24/7, 956-968-9556 or toll free at 1-877-396-2529 (1-87-REYNA-LAW). For more detailed information, go to www.zreynalaw.com.

The National Trial Lawyers is a professional organization comprised of the premier trial lawyers from across the country who have demonstrated exceptional qualifications in criminal defense or civil plaintiff law. The National Trial Lawyers provides accreditation to these distinguished attorneys, and provides essential legal news, information, and continuing education to trial lawyers across the United States.
To learn more about The National Trial Lawyers, please visit: https://thenationaltriallawyers.org/.

Most Common Construction Work Zone Accidents

Posted on by Zreyna Law

As one of the country’s largest states, Texas has a lot of roads and highways – and many of them are often under construction in order to expand and improve our state’s infrastructure. While many drivers get frustrated when they see the orange diamond shaped signs indicating road construction is ahead, we should all be grateful for driving improvements and take care when driving near those who are working hard to make them.

Between 2018 and 2019, fatal crashes in work zones increased 11 percent nationally while fatal crashes outside of work zones decreased two percent. According to the Texas Department of Transportation (TxDOT), our state has at least 3,400 active work zones; in 2020, more than 22,000 traffic crashes occurred in work zones, resulting in 186 deaths and 680 serious injuries. So, what can we do to help prevent construction work zone accidents?

Construction Work Zone Accidents Safety

Work zones change up a driver’s usual route, and if the driver isn’t prepared for a change in the number of lanes or a detour caused by road closures, accidents can happen pretty easily. In addition to mixing up a routine, construction work zones on the roadway can also include uneven pavement, potholes, narrow lanes, barrels, additional concrete barriers, and more hazards that can contribute to additional car accidents. If you see the signs of an upcoming construction zone, be sure to:

  • Drive slowly, following the posted reduced speed limit and being mindful of workers and equipment that may be on or very near the roads (this may also mean you need to give yourself extra time for your drive so you are not in a rush)
  • Pay even greater attention than usual and avoid distractions
  • Leave more room between your car and other vehicles because tailgating always makes rear-ending accidents more likely, but even more so in a work zone where abrupt stops can be common
  • Stay calm and be patient while being sure to buckle your seatbelt

Common Roadway Construction Accidents

Transportation events account for at least 76 percent of roadway work zone fatal occupational injuries and of those, 60 percent involved a worker being struck by a vehicle in the work zone. Vehicles backing up accounted for 89 percent of worker deaths. Larger vehicles, such as pickup trucks and SUVs accounted for the most deaths. The most common types of road construction collisions include rear-end crashes, sideswipes, and collisions with objects like barrels, barricades, and signs. The most common driver-related causes of work zone crashes are speeding and driver inattention; but, aggressive, reckless driving, impaired driving, and drowsy driving also cause and/or contribute to roadway work zone crashes. However, some additional common causes of construction zone accidents are attributable to the employers of our state’s construction workers, and include:

  • Failure to follow the legal guidelines for safe construction
  • Poor construction zone design
  • Failure to post adequate warning signs or inaccurate/not visible signage
  • Unlevel roads
  • Improper placement of barricades
  • Insufficient lighting at night or during inclement weather

According to the National Safety Council, the majority of work zone fatalities happen on roads with speed limits of 55 miles per hour or more. So construction companies need to be extra cautious when setting up work zones in high speed and high traffic areas like these.

What Damages are Available for Construction Zone Accident Victims?

In order for the victim of a motor vehicle accident to be entitled to compensation for the resulting injuries, another party must be found to have been negligent, or at fault, for the collision. Because negligence is a complex legal issue to begin with and becomes even more complex in a work zone accident, it is crucial that victims consult with an experienced personal injury attorney to determine who is responsible for their injuries so they can pursue a claim against the responsible party or parties.

After a construction zone crash, an injury victim and/or the survivors of a wrongfully killed individual may be entitled to financial compensation for various types of damages, including:

  • Property damage to your vehicle
  • Past, current, and future medical bills and related expenses
  • Lost wages and loss of future earning capacity
  • Pain and suffering and mental anguish
  • Disfigurement
  • Loss of consortium
  • Loss of enjoyment of life

Texas Construction Work Zone Accidents Lawyers

If you were injured in a work zone crash, you may be able to obtain financial compensation from the responsible party or parties. If a construction company or government entity was negligent, they can be held liable, as can other drivers if their actions caused the accident. Ezequiel Reyna, Jr. grew up in Weslaco, Texas and has practiced personal injury law locally for over 40 years. He has achieved award-winning results for his clients throughout his legal career and would be honored to help you and your loved ones. Contact the Ezequiel Reyna Law Office team today for a free consultation with our law firm.

Common Workplace Injuries for Factory Workers

Posted on by Zreyna Law

Working in a factory can be a consistent and rewarding profession that supports the local community and state economy. These essential workers keep goods moving and shelves stocked. While factory workers perform a variety of different tasks in their work environments, they all face similar hazards that can put them at risk of injury. Employers are legally required to provide safe work environments, safety training, personal protective equipment, and more to keep their workers safe. When an employer has been negligent and fails to keep its workers safe, it maybe held liable for common factory worker injuries. Employers may try to downplay the injuries of their workers or not take their injuries seriously. Every worker has the right to fair compensation and needed medical treatment. If you are factory worker who has been injured on the job, have you experienced an injury type listed below?

Overexertion Injuries

When a factory worker overexerts themselves, either lifting something too heavy or working on their feet for long hours without taking any breaks, they can suffer from overexertion injuries. Many musculoskeletal disorders are caused by overexertion and can affect the muscles, ligaments, tendons, and nerves. Working in a factory can be incredibly physical and requires stamina to be able to complete physical tasks. Some work activities can cause back and neck injuries that can be incredibly severe. Another category of overexertion injuries stems from workers being dehydrated. If a factory worker is not allowed to take breaks and is working in a hot environment, they may not have the opportunity to drink water and stay hydrated. Dehydration can lead to heat exhaustion, fainting, and falling.  Mandatory breaks are essential for keeping workers from overexerting themselves in the workplace.

Slip and Fall Injuries

Factories often have wet, slippery surfaces and uneven steps. Workers may spill oil or lubricants on the floor that can cause others to lose traction, leading to slips and falls. Workers are at risk of a number of different injuries from slipping and falling. Broken bones, head injuries, spine injuries, sprains, strains, and other traumatic injuries can occur from a slip and fall. There are rarely soft surfaces to land on when falling in a factory, so workers must brace their fall against a hard wall or the hard ground. Employers must make sure their work environments are free from slip and fall hazards or they may be held liable for associated worker injuries.

Heavy Machinery-Related Injuries

Heavy machinery is often used in factories to perform work-related tasks and to transport items around the facility. Commonly used heavy transport machinery includes forklifts, trucks, tractors, cranes, and more. Just like in passenger vehicles, accidents can occur and workers can be seriously injured or killed. Forklifts and tractors are known to rollover and crush workers. Trucks driven on a worksite may have blind spots and could easily back into a worker or pin a worker against a wall. While using industrial and assembly machinery, workers unfortunately can get their limbs sucked into a machine if it has not been properly safeguarded. Because machines utilize automatic gears and conveyer belts, it may take time for a machine to be shut down in order to try and save a worker who has gotten caught. Injuries that are caused can include deep lacerations, crushed bones, severed limbs, and death. Proper training and safety signage is absolutely essential to keeping workers safe around heavy machinery.

Fires and Explosions

Many factories work with combustible materials that are necessary to create a product. If these materials catch fire from machine sparks, lightning strikes, or other fire sources, a major fire or even an explosion can occur that put all workers in serious danger. If a factory worker is caught in this type of serious accident, they can suffer serious burns, nerve damage, skin damage, and death. Lung damage can also occur if a worker inhales hot smoke or fumes resulting from the fire or explosion. Proper fire safety protocols must always be in place in a factory.

Exposure to Harmful Chemicals

Many factories use multiple harmful chemicals to create their products. While many companies do their due diligence and train their employees on how to use these chemicals, have their chemicals properly labeled, and safely dispose of the excess, some companies do not. When an employer does not properly handle and dispose of harmful chemicals, that puts factory workers at serious risk of injury. Any sort of chemical spill or release can cause serious burns, respiratory system damage, skin irritation, blindness, and even death. Safety equipment can only go so far to protect a worker from chemical exposure. Daily exposure to chemicals, even when using safety precautions, puts factory workers at risk of developing long-term illnesses including cancer and lung disease.

Repetitive Motion Injuries

Many factory workers perform repetitive tasks utilizing the same movements over and over again. Assembly line workers often find themselves sustaining repetitive motion injuries. Repetitive movements can wear down a factory worker’s soft tissue, resulting in chronic pain, carpal tunnel syndrome, back injuries, neck injuries, and other health concerns. It does not take strenuous effort to sustain a repetitive motion injury as the repetitive nature of the task slowly chips away at the soft tissue over time. The factory worker may also lose strength in the affected areas, which makes it more difficult to do their job.

South Texas Factory Worker Accident Lawyers

The risk of being injured or killed as a factory worker is incredibly high. If you are a factory worker who has been injured on the job, you may be searching for legal counsel to help. With the right legal team behind you, you may be able to obtain the financial compensation you need to cover your medical bills, lost wages, and pain and suffering from your workplace accident. We know that you are suffering but that you also do not want to be a financial burden to your family. Contact the Rio Grande Valley workplace accident attorneys of Ezequiel Reyna Law Office today to discuss your situation at no cost. There is limited time to act following a factory accident in Texas, so don’t delay.

What is an Unsafe Speed for Driving?

Posted on by Zreyna Law

Statistics don’t lie – speeding puts all drivers and passengers on the road in danger. According to the National Highway Traffic Safety Administration (NHTSA), speeding killed 9,478 people in 2019 and has contributed to at least one-third of all motor vehicle fatalities each year for over two decades. Even with fewer drivers on the road during to the COVID-19 pandemic, NHTSA has predicted that fatality counts in speeding-related crashes will increase by 11 percent from 2019 to 2020 once the final crash statistics are calculated. Even though modern life can be frustrating with work, school, and busy schedules, driving at unsafe speeds puts everyone at risk. How can you tell if your speed is an unsafe speed for travel? The following will help you learn how to gauge safe speeds on the roads.

Drivers tend to choose their driving speed based on three different factors, including the posted speed limit for that particular road, the speed of the other vehicles around them, and the current driving conditions. Ideally, all cars on the road will be moving at roughly the same speed, all within the posted speed limit. We all know, however, that this is not the case. Even though speed limits are designed to help traffic flow safely and efficiently, many drivers in Texas do not choose to follow the flow of traffic or drive at the posted and safe speed limit. If a driver chooses to drive much faster than the surrounding traffic, that would be considered driving at an unsafe speed. They are putting themselves and those around them in danger by speeding, which can result in tailgating, weaving in and out of traffic to avoid hitting other vehicles, and braking suddenly when they cannot move to another lane to avoid the car in front of theirs. All of these actions can quickly lead to a serious car accident.

Driving at fast, unsafe speeds changes the way a driver is able to handle their vehicle. When a safe speed is exceeded, the following can occur:

  • The vehicle cannot be controlled effectively.
  • The total stopping distance needed to avoid hitting another vehicle is significantly increased.
  • Damage caused by a collision is much more severe.

The faster a car is traveling, the greater the impact will be in a collision. High-impact car accidents caused by drivers traveling at unsafe speeds can cause incredibly severe injuries and even death. The time it would take for the vehicle to stop should help a driver determine how much space to leave between their vehicle and the car ahead of theirs. This in turn will help determine what is a safe speed for the vehicle to be going in order to leave sufficient room to brake and stop fully before rear-ending the car in front of them. To determine an appropriate following distance, watch the vehicle ahead of you and start counting seconds as that vehicle passes a landmark. Landmarks could include pavement markings or road signs. The number of seconds you can count before your car passes the same landmark tells you how much time you would have to brake in seconds before hitting that car if they stopped suddenly in front of you. Giving yourself at least three to four seconds of following distance between your car and the next vehicle is a good way to maintain a safe traveling speed.

Even when a speed limit is posted, road conditions may not be safe enough to drive at that speed. There may be inclement weather, including torrential downpours, that decreases visibility and makes road conditions slippery. High winds can also increase the difficulty of keeping your car on the road and ice can decreases the ability of vehicles to brake suddenly. There may also be heavy traffic, a collision, or debris in the road. All of these factors must be considered when choosing a safe speed of travel. If a driver tries to drive the posted speed limits, but the road conditions are not safe at that speed, the driver is choosing an unsafe speed of travel and is putting others at risk of a motor vehicle collision. Drivers must adjust their speed to match the conditions in which they are driving to be able to prevent devastating car accidents.

Sometimes, driving too slowly can also be considered unsafe. There are some high-speed roads that require the flow of traffic to be at a minimum speed for all drivers to be kept safe. Otherwise, the slower vehicle presents a hazard to the faster-moving traffic around them. When you see a speed limit sign that has not only a maximum posted speed but also a minimum posted speed, it is essential to drive at least at that speed to be safe. Driving too slowly may be against the law, as you could be blocking or delaying the flow of traffic at safe speeds that prevent auto accidents.

In any case, determining what is a safe driving speed versus an unsafe driving speed will help keep traffic flowing on the road as well as prevent car accidents from occurring.

Weslaco, Texas Car Accident Attorneys

If you have been hit by a driver traveling at unsafe speeds, you may be scared, frustrated, and not know what to do. By selecting knowledgeable legal representation, you won’t have to worry as much about your next steps. Contact the South Texas car accident lawyers at Ezequiel Reyna, Jr. Law Office today to discuss your case in a free consultation. There is limited time to act following a motor vehicle accident in Texas, so don’t delay.