Zreyna Law Ezequiel Reyna Law Office - Page 3 of 6

100% FREE CONSULTATION 1-800-935-3739

Author: Zreyna Law

Why a Pedestrian Hit by a Car Can Be Deadly

Posted on by Zreyna Law

Pedestrian accidents are incredibly common in Texas. The human body, while supported by a strong skeleton and musculature, can only take so much force before breaking. Pedestrians are constantly at risk of being hit by a vehicle that can seriously injure or kill them. Just this year, a young girl lost her life in Weslaco, TX while walking down the street. A Ford Mustang struck 16-year-old Zitlali Diaz who was pronounced dead on the scene. The scene of the accident was dark with little to no visibility and a lack of improved shoulders for pedestrians along that road. Being a pedestrian is not easy, as your body has no protection against the large vehicles that can hit you. If you or a loved one were hit by a car while walking through your town, please contact our office today for a free consultation.

What Happens When a Pedestrian is Hit by a Car?

There are typically three phases that occur when a pedestrian is hit by a car – the initial impact, the pedestrian’s trajectory, and the ground contact. The distance from the initial place the pedestrian was hit to the resting place of the pedestrian is known as the “throw distance.” If a car hits a pedestrian at a lower speed, the throw distance will be short. If the car is traveling at high speeds, the throw distance may be quite large. When a pedestrian is hit by a vehicle, the following usually happens:

  • Initial impact: The bumper of the vehicle will hit the knee joint or middle of the pedestrian’s leg if they were standing up straight. The thigh will then impact the edge of the hood and the body will subsequently be carried on the hood of the car. This can be head-on or from the side.
  • The pedestrian’s trajectory: The pedestrian may be thrown forward, to the side, or may be thrust inward into the windshield.
  • Ground contact: The pedestrian will then make impact with the ground away from the vehicle, can fall to the ground after rolling off the vehicle, or be stuck on the car.

That initial contact will depend on the height of the car, the height of the pedestrian, and if they are hit head-on or on the side. If a pedestrian is hit by a much larger vehicle like a truck or bus, the individual may be immediately and forcefully knocked down to the ground and be run over by the vehicle. The force of the impact depends on the driver’s speed and whether the driver tries to brake or swerve away from the pedestrian. The worst injuries and highest potential for pedestrian fatalities happens when a driver does not slow down at all and hits a pedestrian at full speed.

The Types of Injuries Sustained when a Pedestrian Is Hit by a Car

The majority of pedestrians are hit by motor vehicles on their side as they are crossing the road, either at a crosswalk or in the middle of the street. Many of these auto pedestrian accidents happen at lower speeds when cars are driving at 25 mph or less. Even at these lower speeds that would usually cause minor injuries in a car accident, pedestrian injuries can still be incredibly serious or deadly because pedestrians are completely unprotected. Because the pedestrian often goes through two separate impacts when hit by a car, the initial impact and then the ground contact, they have the potential for multiple significant injuries.

The most common injuries faced by pedestrians hit by a car include:

  • Brain injuries: Traumatic brain injuries and other head injuries are the most common cause of pedestrian fatalities. These may include concussions, skull fractures, intracranial swelling, hemorrhages, and puncture wounds. When a pedestrian’s head makes impact with the vehicle’s hood or other parts of the car, they are hitting a solid metal panel or glass window / windshield. These hard surfaces can cause serious, permanent damage to a person’s brain.
  • Spinal Cord Injuries: A pedestrian who is hit in the back, side, or who hits their spine upon ground contact can sustain serious spinal cord injuries, including herniated discs, nerve damage, and paralysis. If the spinal column is severed at any point, the damage may be irreversible, causes paralysis, or be deadly.
  • Broken Bones: Broken bones are incredibly common injuries seen when pedestrians are hit by cars. These can range from minor fractures to major breaks that puncture through the skin. All broken bones must be treated by a medical professional for proper healing which can take weeks to months.
  • Internal Organ Damage: When a pedestrian is hit by a car, their internal organs can easily be damaged from the impact. Internal bleeding is incredibly dangerous, as well as organ rupture, and can be deadly if not treated immediately.
  • Loss of Limbs: When a pedestrian is pinned against a wall or other surface by a car, they may end up losing limbs if the blood circulation to the limb has been completely lost or the limb has been completely crushed and/or severed by the impact.
  • Cuts, Scrapes, and Bruises: From the initial impact to ground contact, there are many ways a pedestrian who has been hit by a car can be cut, scraped, or bruised in an accident. Road rash, when the body has been forced to slide along a rough surface like the road, can cause severe pain and scarring as the body scrapes against the road’s surface and skin is torn off.
  • Death: From the injuries listed above, it is easy to see just how deadly a pedestrian accident can be. If the impact is at high speeds, the pedestrian may die on initial impact. They may also be flung by the vehicle and die when they make contact with the ground.

Pedestrian accidents are some of the most serious motor vehicle collisions in Texas. Without the protection of airbags or metal frames, pedestrians take on the full force of the impact. It is essential to be aware of your surroundings at all times while driving your car or while walking down the road to avoid being in a terrible accident.

South Texas Pedestrian Accident Attorneys

Car accidents involving a pedestrian can be complex and stressful situations. By choosing experienced legal representation, you won’t have to worry about what steps to take to receive fair compensation for your damages. If you or a loved one has been injured or killed in an auto pedestrian accident, contact the Weslaco car accident lawyers at Ezequiel Reyna, Jr. Law Office today to discuss your case. There is limited time to act following a Texas pedestrian accident, so don’t delay.

How Dangerous Are Oil Field Worker Accidents?

Posted on by Zreyna Law

While many occupations come with workplace hazards, working in the oil and gas industry can be deadly. Oil and gas workers, especially those working in oil fields, are subject to some of the highest rates of severe injury and death as reported by the Occupational Safety and Health Administration (OSHA). Recent reports compiled by the Center for Public Integrity, The Texas Tribune, The Associated Press, and Newsy profiled how catastrophic oil field injuries can be. The report found the death rate was almost five times that of all other industries in the United States combined. Many people wonder why oil field accidents are so dangerous for workers. Data from the US Department of Labor’s Bureau of Labor Statistics showed that between 2008 and 2017 OSHA issued over 10,000 citations to oil and gas companies, deeming the majority of oil field work environments hazardous to workers and likely to cause death or serious physical injury.

What are the dangers?

Multiple factors contribute to the hazardous working environment surrounding oil and gas extraction. Many of these dangers stem from tension to meet production quotas that tempt oil and gas companies to cut corners. When work is performed under pressure and often in extreme weather conditions, the risks increase exponentially. While OSHA continues to increase its efforts to enforce safety protocols, it can be complicated as many companies in the “upstream” industry sector (including oil and gas refineries, chemical plants, and other high-risk operators) are not necessarily required to comply with all OSHA safety standards. Oil field industry fatalities are often some of the most gruesome because the equipment workers are operating and the chemicals used in the extraction process can be incredibly dangerous. The list of accidents that can occur in the oil field industry is extensive and daunting. Equipment failure, explosions, and unsafe conditions constantly put oil field workers at risk.

The following are some of the most common types of dangerous oil field accidents:

Equipment Failure Accidents

Many oil field drilling sites have extremely large and dangerous equipment that workers must operate to extract the oil. This equipment is required for pulling large pipe, drilling, mixing mud, and many more tasks involved in oil extraction. Because this machinery is so large and heavy, any malfunction or failure can be fatal. This machinery must be well-maintained and inspected before use for workers to be able to do their jobs in a safe manner. Oil field companies must also take the time to properly train their workers on how to use this machinery. Accidents occur when machinery is not properly used, has not been maintained, or malfunctions. Injuries that can occur from equipment failures include dismemberment, being crushed, getting stuck in a machine, broken bones, burns, and even wrongful death.

Fires and Explosions

When working in an oil field, the process used to extract oil and gas can release different types of flammable gases into the air. These can quickly ignite due to the presence of open flames, static electricity, and high-heat machinery, among other triggers. Explosions and fires are especially dangerous because there is so much fuel in the environment with which to create a devastating blaze. With that much fuel in the air, flames can spread quickly and explosions can gain high amounts of energy, making it easy to seriously injure those in the area. Injuries sustained from explosions and fires in an oil field include first-, second-, and third-degree burns, disfigurement, impact injuries, broken bones, loss of limbs, impalement from flying debris, and untimely death.

Hazardous Chemical Releases

Oil field hazards include much more than just explosions or poorly maintained equipment. Many toxic substances are regularly used on worksites during the extraction process. Even though personal protective equipment should be used, some dangerous substances can be accidentally released and put all workers in danger. Some of the toxic chemicals used in the oil field industry include Sulfur Dioxide, Benzene, Nitrogen Oxide, Hydrofluoric Acid, Polycyclic Hydrocarbons, and Petroleum Coke. Many have been shown to cause cancer as well as harm the human immune response. Others have been proven to cause heart disease, severe respiratory damage, or poisoning.

Oil Well Blowouts

During the drilling process, a well blowout can occur that can quickly ignite and injure or kill workers in the surrounding area. A well blowout happens when there is an uncontrolled release of oil while drilling. Usually, a blowout occurs as the result of failing machinery, specifically the malfunction of the pressure control system inside the well. If the oil from a blowout is ignited, the entire oil field is put in danger of explosion.

Hazardous Oil Field Worksite Conditions

A poorly maintained oil field can create a hazardous work environment that can lead to many different types of injuries. Workers may slip, trip, and fall as a result of poor lighting, slippery surfaces, or equipment laying around that has not been put away properly. The ground may also be uneven, as drilling can change the landscape. Workers may also be exposed to open heating elements, machinery that sparks, or other poorly maintained equipment that can cause a serious accident.

What can oil field workers and their families do if they are injured or killed?

Most oil field workers are considered contractors, not employees. They have the right to file a lawsuit against the company that hired them if that company failed to follow standard industry safety protocols or failed to take appropriate steps to prevent workers from being injured or killed. While it may be daunting to think about filing a lawsuit against a big oil and gas company, these companies must be held accountable for the workplace injuries that result from their negligence.

Explosions and fires have drastic consequences, not only for those directly affected but for their friends and family who help pick up the pieces. Medical expenses can quickly pile up, and if you are the sole earner in your household, these additional expenses can be a burden when you already have a number of other financial obligations.

When you call the Ezequiel Reyna, Jr. Law Office for a free consultation, there is no obligation. We want the best for you and your family.

Jose Hernandez Celebrates 25th Work Anniversary with Ezequiel Reyna Law Office

Posted on by Zreyna Law

This year, we have the honor of celebrating 25 years of Mr. Jose Hernandez working with the Ezequiel Reyna Law Office. What began as a mentorship between Mr. Hernandez and Mr. Reyna quickly grew into a friendship. Since then, the two have worked together for over two and a half decades. Today we share the wonderful things Mr. Reyna had to say about Mr. Hernandez in a recent interview, highlighting the deep respect that has evolved through their working relationship and the incredible work Mr. Hernandez has done as our Management Accountant.

Mr. Reyna first met Mr. Hernandez in 1972 as a freshman at Pan American University while studying accounting and business. Mr. Hernandez worked as an Accountant Comptroller at a mental health clinic in Hidalgo County, and Mr. Reyna applied for a work-study program at the clinic. Mr. Reyna was 18 years old when Mr. Hernandez hired him, and he worked under him in accounting for about three years before moving to a different department at the clinic.

“While I was there with Mr. Hernandez, it was a beautiful experience because he provided me with an invaluable education on accounting, which I use for all of our businesses. I can’t say enough about how much I learned from him. He was a great mentor, professionally and personally.”

After Mr. Reyna completed his undergraduate degree from Pan American University, he attended law school at the University of Houston. Soon after, he started his law practice and implemented the fundamental business lessons and the foundation of a strong work ethic Mr. Hernandez taught him.

There was a gap in time that Mr. Reyna had spoken to Mr. Hernandez, but he always remembered him. In 1995, Mr. Hernandez sought Mr. Reyna out for legal advice. It was during this session that they entered into a new phase. Mr. Reyna asked if Mr. Hernandez would take over the accounting at the law office, and Mr. Hernandez agreed.

Mr. Reyna knew he wanted Mr. Hernandez on his team, claiming he is “the most loyal person I’ve ever met, the most honest person I’ve ever known, and is very competent at his work and his duties.” On any given day, Mr. Hernandez can present accounting numbers to Mr. Reyna with 100% accuracy, often before Mr. Reyna even asks.

“It’s essential to have somebody like Mr. Hernandez working with us because as a lawyer, entrepreneur, and businessman, I am always trying to stay ahead of the curve; you have to. I’ve come to find out that he’s been studying me all these years, and he always can project what I will be needing. He is always prepared, one step ahead, and is ready to deliver the appropriate reports. 

Mr. Reyna appreciates that he can wholeheartedly trust that the firm’s accounting is in good hands. Mr. Hernandez has eased the stress of the financial side of running a business, and this is just one of the many reasons he is an invaluable asset to the firm.

“Joe has played an integral part here. I have never had to take a second look at our accounting department or second guess him.”

Personally speaking, Mr. Reyna says he respects the fact that Mr. Hernandez is so firm in his convictions — spiritually and professionally. He says Mr. Hernandez’s dedication is evident in everything he does, from his role at the law firm to his role as a father and husband.

“It’s good to see somebody like him every day to reassure us that we’re on the right track in life. He’s done that. He and his wife have been a cornerstone in my life.” 

On behalf of the Ezequiel Reyna Law Office, the Reyna family, and all the staff, we salute Mr. Jose Hernandez. We appreciate the hard work he has put in every day for the past 25 years and look forward to continued success. Cheers to 25 years with Mr. Jose Hernandez!

Dangerous Realities of Being a Utility Worker

Posted on by Zreyna Law

Utility workers perform jobs that are critical to keeping our society functioning. From keeping electricity running to every home, office, and commercial property to ensuring water flows safely through pipes throughout our cities, the daily labor of utility workers keeps the country from grinding to a halt. This line of work, while essential to our infrastructure, can be incredibly dangerous. There are many hazards that each worker faces on a daily basis that can cause serious injuries or even death. Utility companies must have safety policies and procedures in place to protect their workers and keep them safe from the inherent dangers of their line of work.

What are the hazards?

There are many common hazards associated with utility work that workers must be prepared for. Many utility workers have to perform their jobs in the pouring rain, the dark of night, underground, at great heights, or in the middle of the street. Utility workers often find themselves working in unstable environments outside of their control as the weather can quickly change and cause a hazardous situation. Failure to identify hazards while working can quickly lead to devastating consequences.

Some of the common hazards utility workers face include:

  • Electrical shocks – One of the greatest hazards for utility workers is electric shock. This is especially true for those working for a power company. Working with dangerous power lines takes skill and incredible attention to detail, as even the slightest distraction can result in a painful injury or even death.
  • Slips, trips, and falls – All jobs in America have the risk of injury due to a slips, trips, and falls. The unstable conditions utility workers often find themselves in make these sorts of accidents occur frequently. Injuries can range from minor sprains, strains, and fractures to broken bones, traumatic brain injuries, and spinal cord injuries.
  • Working from heights – Utility workers often use tall ladders, large cranes, and even climbing gear to reach poles and power lines. Working from a great height is always a high-risk endeavor. Falling off a ladder, crane, or power pole can cause serious injuries and could kill or disable a worker permanently.
  • Collapses and falling items – A lot of utility work is done underground, especially when working on pipelines or streets. If a part of the street is unstable and collapses, the utility worker could be crushed or trapped underground. They may also work below other utility workers and could be struck by falling debris or tools.
  • Burns and explosions – Utility workers often work with hazardous chemicals and building materials, electrical lines and equipment, and gas pipes. In each of these situations, if an item or chemical catches on fire, is splashed on a worker’s skin, or explodes, workers can be seriously injured and permanently scarred.

These are not the only hazards that utility workers face as many different utilities are in a variety of environments. Recognizing the dangers associated with daily tasks is essential to avoiding serious injuries.

How Can Utility Workers Stay Safe?

Safety procedures and policies are critical to keeping utility workers safe in their work environment. All utility companies must provide proper safety training for their workers, provide well-maintained personal protective equipment (PPE), and follow all signage requirements for hazards in the workplace. There are also specific OSHA standards in play when it comes to utility work.

The relevant OSHA standards that must be met in the utilities industry include:

Utility companies cannot cut corners when it comes to safety. OSHA requires employers to make sure their employees have undergone on-the-job training and can demonstrate the ability to perform duties safely at their level of training. If a specific job requires a ladder, the worker must be trained on ladder safety.  If working with hazardous chemicals, fumes, dust particles, electricity, or anything that can harm a worker through inhalation or touch, the worker must know what PPE to wear to stay safe. When the above OSHA standards are followed and all employees are able to perform their jobs safely, workplace accidents can be avoided.

South Texas Utility Worker Accident Lawyers

The risk of being injured or killed as a utility worker is very high. If you are a utility 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. You may also be entitled to punitive damages if the court believes your accident is the result of your employer’s gross negligence. We know that you are hurting and do not want to be a financial burden to your family. If you or a loved one has been injured while working for a utility company, contact the Rio Grande Valley workplace accident attorneys of Ezequiel Reyna Law Office today to discuss your case at no cost. There is limited time to act following a utility work accident in Texas, so don’t delay.

Eight Tips to Prevent Distracted Driving

Posted on by Zreyna Law

Distracted driving is not an uncommon sight in Texas, as almost one-fifth of all car accidents in Texas involved a distracted driver in 2019. Even though Texas has prohibited reading, writing, and sending electronic messages on a mobile device while driving since September 2017, thousands of Texans are still injured and even killed every year in distracted driving accidents. When a driver engages in any activity that takes their attention away from the road while they are driving, they become a distracted driver. There are many different types of distractions, all of which reduce the amount of time a driver has to react to sudden changes ahead and to the sides of their vehicle. To help prevent distracted driving, and decrease the chances of getting into an accident, follow these eight driving safety tips.

  1. Avoid temptation: Do not talk or text on your cell phone while driving. Before starting your trip, turn off your phone and keep it off until you reach your destination. The National Safety Council reported that hands-free phones are as much of a distraction as handheld phones. Even talking on the phone can take your attention away from the road. Keeping your cell phone out of sight – in a glove box or center console – will keep your mind off of it and on the road.
  2. Pull over to text and call: If you have to make a call or respond to a text, take the time to pull over to a safe and legal place. In Texas, it is illegal to text while driving; and, some Texas cities have stricter laws in place that prevent handheld use of a mobile device while driving. While on the road, the only time you should use a cell phone is in case of emergency.
  3. Plan your route: Waiting until you are already driving to program your GPS takes your eyes off the road. Before heading to your next destination, program your navigation device with voice directions so you are able to follow along without excessive distractions. Checking the route in advance for future traffic concerns, unfamiliar roads, and potential construction will help keep your eyes on the road since you will know what to expect.
  4. Avoid eating, drinking, and smoking: Texans are busier than ever and people can be seen eating, drinking, and smoking in their cars while driving. While these actions may seem like they can save time, they actually take a driver’s attention away from driving. Dropping a french fry or spilling a drink can quickly take your hands off the wheel and cause you to swerve. Wait to eat or drink until your car is parked in a safe area.
  5. Never drive drowsy: Drivers who are fatigued and find themselves starting to fall asleep at the wheel increase their risk of getting into a crash by four times. This is not an uncommon situation to find yourself in, as the AAA Traffic Safety Foundation reported that 37 percent of drivers admitted to falling asleep at the wheel. If you start to feel tired while driving, pull over and find a safe spot to take a quick nap. Never continue driving on the road while drowsy.
  6. Do not tailgate: In good weather, driving school professionals recommend keeping three to four car lengths between you and the vehicle ahead of you. This gives you plenty of time to react to sudden stops, swerving cars, and cars that do not stop at red lights. In inclement weather, roads can become slick and keeping between five to six car lengths between you and the car in front of you is recommended.
  7. Always stay vigilant: Part of being a safe driver is being aware of your surroundings at all times while in your vehicle. Make a full-mirror sweep with your eyes about every five minutes to ensure you know what vehicles, pedestrians, and hazards are around you at all times. Even with new blind-spot technology and back-up cameras, using your mirrors and eyes will give you the best perspective of your surroundings.
  8. Limit passenger distractions: Having passengers in the car can cause significant distractions while you are driving. Talking with other passengers is considered a cognitive distraction, because even though your eyes are on the road, your mind is distracted by the conversation. Try to avoid stressful or emotional conversations with passengers in the car. Ask passengers to help alert you to dangers you may not see and ask them not to be too loud or distracting while you are driving.

South Texas Distracted Driving Accident Attorneys

Being in a distracted driving accident can be complicated and stressful. By selecting experienced legal representation, you won’t have to worry about your next steps because you will have the guidance and support of a trustworthy personal injury attorney. If you or a loved one has been injured or killed in a car accident, contact the Weslaco car accident lawyers at Ezequiel Reyna, Jr. Law Office today to discuss your case. There is limited time to act following a car accident in Texas, so don’t delay.

The Elements of a Slip and Fall Case

Posted on by Zreyna Law

Each year, millions of people are injured in premises liability or slip-and-fall accidents. While anyone can slip and fall, older adults are at higher risk of serious injury if they are the victim. Slip and fall incidents can happen anywhere and if someone else’s negligence contributed to the fall, the victim should seek the help of an experienced personal injury attorney to receive compensation for their injuries and losses. There are specific steps the injured party must take in a slip and fall case; and if all elements of the claim cannot be proven, the claim could quickly be dismissed.

Establishing Duty

The first step in a slip and fall case is to establish duty. The duties associated with a premises liability cause of action in Texas are established using a specific classification system delineating between invitees, licensees, and trespassers. Invitees are invited by the owner – either directly or indirectly – onto the property where the incident took place for purposes that confer an economic or noneconomic benefit to the owner. The owner of the property must ensure their premises is reasonably safe for invitees. A licensee is able to be on the property legally but their presence does not afford a benefit to the property owner. The guest of a person renting a property may be considered a licensee. A property owner has a duty to appropriately warn licensees about hidden defects of the property. A trespasser does not have permission to be present on the property and their presence provides no benefits to the owner. Owners rarely have duty of care to a trespasser.  Once a legal duty can be established, the next step is establishing the duty holder’s liability.

Establishing Liability in a Slip and Fall Claim

In order to establish liability, the victim – whether invitee or licensee – must prove the existence of unreasonably dangerous conditions and/or concealed dangers on the premises at the time of their accident. In 2015, the Texas Supreme Court in Austin v. Kroger made proving liability more difficult in slip and fall cases, holding that if a defect is out in the open and obvious to a common person, like slipping on a colored liquid instead of a clear one, it is harder to obtain compensation for resulting injuries.

With the help of an experienced Texas premises liability attorney, victims of slip and fall incidents can prove every element of a negligence claim, including the following:

  • The owner of the property where the victim was injured owed a duty of care to that individual and failed to live up to that duty.
  • The property owner’s failure to exercise proper care was the direct cause of the victim’s injuries.
  • The victim suffered verifiable damages as a result, including medical treatment costs, lost wages, and other damages.

Filing the Lawsuit

Your attorney may begin working on your case by sending the responsbile party or parties a notice or demand letter. Negotiations outside of litigation often fail because the responsible parties refuse to live up to their obligations to compensate victims without the pressure of a lawsuit. Therefore, an experienced personal injury lawyer will begin filing a lawsuit by drafting initial pleadings and filing them in the proper court. In a Texas slip and fall case, there is a two-year statute of limitations for filing a lawsuit. Once initial pleadings are filed, the party or parties you are suing, now known as defendants, will have a chance to answer your allegations in a formal response to the court.

Once a personal injury lawsuit is underway, the discovery stage begins. This phase involves producing various parties for sworn depositions and the sending of and responding to various discovery requests. A variety of documents may be requested, including the injured party’s medical records and any safety protocols of the defendant. Having a knowledgeable attorney by your side is the best way to prepare for a deposition.

Once the discovery stage is complete, each side will likely file motions that the court will rule on. In most cases in Texas, the parties will be required to work with a mediator to negotiate a settlement before heading to trial. If alternative dispute resolution is unsuccessful, the case will be set for trial.

When parties are unable to resolve all of their legal issues outside of court, a case is set for trial. A judge and/or jury will hear evidence and arguments from each side and make a decision based on the facts as to whether the defendant is liable for the victim’s injuries. If the trier of fact decides the property owner is liable, the amount of damages will then be determined.

South Texas Slip and Fall Attorneys

If you or a loved one has been injured in a slip and fall accident, contact the Rio Grande Valley premises liability attorneys of Ezequiel Reyna Law Office today to discuss your case at no cost. There is limited time to act following a slip and fall accident in Texas, so don’t delay.

Reasons To Hire a Lawyer After a Dog Bite

Posted on by Zreyna Law

Dogs, while normally the fun and friendly family pet, can also viciously and violently attack adults and children, leaving them scared and scarred for life. Studies have shown that over four million people in the United States are bitten by dogs each year, and up to 13,000 of those people are hospitalized for severe injuries. Unfortunately, children are at a higher risk of being severely injured by a dog bite because they may not know how to act around dogs; and, even a short, negative interaction with a dog – such as pulling a tail or tugging on their ears – can cause the dog to bite.

There are a variety of reasons a dog will bite you, including:

  • Fear: Dogs can quickly bite a person because of fear. If they do not know the person they are interacting with, are in unfamiliar territory, or are startled, they can quickly bite.
  • Pain: If a dog is in pain from an injury or illness, no matter how sweet or friendly that dog is they can react and bite when that pain is amplified. Petting a dog where they are injured or trying to pick up an injured dog may cause them to snap.
  • Possessiveness: Dogs can be very protective of their “property” and the space where they live. A dog’s property may include a specific person, toys, food, or location. Entering their space or trying to take away or harm their property can incite a dog to react violently.
  • Prey Drive: Many dogs have retained their prey drive and will chase and nip something that runs past them. While most dogs limit that behavior to chasing squirrels and birds, some may chase children or even adults and can bite them.
  • Maternal Instincts: Female dogs who have just given birth to puppies can become very defensive of their young, and no matter how sweet or well-trained, they can bite a person they perceive as trying to take their puppies away or harm them in any manner.

What to Do After a Dog Bites You

The moment a dog bites and injures you or a loved one, immediately seek medical attention. No matter how minor or severe the dog bite is, dogs have bacteria in their mouths that can cause serious infections. There are many types of dog bites, all of which need to be evaluated by a doctor, including: puncture wounds, deep lacerations requiring surgery, disfigurement, severe scarring, infections, and broken bones. After seeking medical treatment, finding an experienced dog bite lawyer will be critical to receiving any compensation from the dog owner or other responsible third parties involved.

The dog owner’s insurance company will attempt to offer you less compensation than you are rightfully owed because they know how to work the legal system in their favor. Insurers often try to paint a negative picture of your interaction with the dog and accuse you of antagonizing the animal or provoking the attack. A knowledgeable dog bite lawyer can ensure you get the justice you deserve. It takes significant time and know-how to effectively negotiate a settlement with a dog owner and/or their insurance company. A dog bite lawyer works with you to determine the true cost of your injuries, including medical costs, lost wages, pain and suffering, and more, and will fight for your rights and get you the compensation you deserve.

Dog Bite Liability

In Texas, there is no law that clearly defines a dog owner’s liability for damages if their dog bites and injures another person. In 1974, the Texas Supreme Court held that the state would follow a “one bite rule” when it comes to personal injury liability from dog bites. The “one bite rule” essentially gives a dog one “free” bite in regards to its owner’s liability to the injured party. After the first bite, though, the owner is now aware of their dog’s tendency to bite; therefore, the law holds they are being negligent if their dog bites again. An experienced dog bite attorney will establish liability in your case by showing that the dog’s owner had previous knowledge of its aggressive behavior, that the dog had previously bitten a person before your bite, and/or the dog’s owner failed to use reasonable care to control their dog and prevent it from hurting you.

There is a specific time limit within which a person can file a personal injury lawsuit in Texas, which is the type of lawsuit you would need to file to receive compensation for a dog bite injury. The statute of limitations for filing such a claim is two years from the day of the bite or other incident in which a dog has harmed you. If you do not file your dog bite lawsuit within those two years, you likely lose your right to hold the dog owner financially accountable for your injuries.

South Texas Dog Bite Attorneys

Being bit by a dog can be an incredibly scary and stressful experience that leaves you scarred for life. By choosing our experienced team, you won’t have to worry about your next steps because you will have our guidance and support. If you or a loved one has been bitten and injured by a dog, contact the Weslaco dog bite lawyers at Ezequiel Reyna, Jr. Law Office today to discuss your case. There is limited time to act, so don’t delay.

Preventing Deadly Scaffolding Accidents

Posted on by Zreyna Law

While construction sites may be an inherently dangerous place to work, every worker has the right to work in a safe environment. Nearly one fifth of all work-related deaths in the United States in 2019 occurred in the construction industry. Many of these deaths involved a commonly used construction site structure – scaffolding. Scaffolding, an incredibly important and useful tool in construction projects, can be very safe when erected properly, closely inspected, and used with care. This, however, is not always the case, as deaths caused by falling from scaffolding or scaffolding accidents are very common.

Serious scaffolding accidents that cause devastating injuries could be avoided if all construction companies followed the regulations set forth by the Occupational Safety and Health Administration (OSHA). The following tips can also help prevent deadly scaffolding accidents:

Adhere to All OSHA Guidelines

OSHA has detailed regulations that govern scaffolding construction and use. All workers and management must adhere to these guidelines, including how to set up the scaffolding properly, what loads are able to be on the scaffolding, and what worker safety rules must be followed. This is one of the best ways to prevent a serious scaffolding accident from occurring. If workers are unfamiliar with OSHA guidelines, training must be prioritized before building and using the scaffolding.

Inspect the Scaffolding Daily Before Use

Visual inspections of scaffolding structures must be performed on a daily basis, specifically before and after each work shift, to ensure the structure is sound. This regular monitoring can quickly find any imperfections or structural issues that could cause the scaffolding to collapse or cause a serious accident. When inspecting scaffolding, workers should look for defective parts and broken planks that should be discarded and replaced before work starts for the day. Fall protection should also be inspected before use each day. Worn out fall protection should be immediately replaced. If an accident has occurred during the project, before work continues the scaffolding should have a more in-depth inspection to ensure structural integrity.

Build on Stable Ground

Scaffolds should only be built on solid, level ground to ensure its stability. Scaffolding should also be plumbed, with poles, legs, and uprights secured safely to keep the scaffolding from moving. Items that are unstable – including bricks, concrete blocks, and barrels – should not be used for stabilization. When building scaffolding, bent or damaged parts should not be used. All parts used should be in good condition. Extra bracing should be added if necessary.

Know the Capacity

Scaffolding has a limited capacity for loads that all workers should be aware of. Never exceed the amount of weight scaffolds are built to hold. This includes the number of workers who can be on the scaffolding at the same time. It is critical to observe weight limits to avoid a scaffolding collapse.

Use the Required Safety Equipment

Scaffolding requirements include guardrails to ensure worker safety and help prevent workers from falling. Toeboards should also be used when performing work while on a scaffold. Safety harnesses are also essential when using scaffolding. Workers should also wear non-slip footwear, head protection, and any other required personal protective equipment (PPE).

Be Aware of Hazards

Hazards may be on the scaffolding itself or part of the work environment. Do not use the scaffolding structure in heavy wind, rain, or lightning storms. Any unsafe areas should be roped off. If there are tools or other equipment along the scaffold pathways, clear those areas to prevent trips and falls. Space is limited, and keeping items organized and out of the way can prevent serious accidents from occurring. Do not allow anything to fall from the scaffolding. Items falling or being thrown from the structure can hit workers (or pedestrians) below and cause serious injuries. Always use a spotter and a debris chute or hoist when sending items below. If work is being performed at the floor or on a level above you, use overhead canopies to help prevent any falling debris from hitting a worker.

One very dangerous hazard that all workers should be aware of is power lines. Power lines should be at least 10 feet away from a scaffolding structure at all times. If work is required closer to the power line, power should be turned off before that work begins. Electrocution is an extremely painful and devastating experience that no worker should go through.

Proper Training is Essential

Workers constructing or using scaffolds should be properly trained before beginning their work. Each worker must be aware of the specific scaffold design, how to use the scaffold properly, what an inspection of the structure involves, and how to dismantle the structure properly. This is key to preventing accidents. Each worker should also know how to climb and descend the scaffolding in a safe manner, as well as how to use fall protection equipment and PPE.

South Texas Construction Accident Attorneys

Being prepared and following all safety guidelines will help prevent deadly scaffolding accidents and save workers’ lives. If you or a loved one has suffered injuries while on a worksite due to a scaffolding accident, you may be able to file a claim for compensation due to negligence. This is a complicated process and our experienced team of personal injury attorneys can help you navigate your legal options.

If you or a loved one has been injured while working in the construction industry due to a scaffolding accident, contact the Rio Grande Valley workplace accident attorneys of Ezequiel Reyna Law Office today to discuss your case at no cost. There is limited time to act following a scaffolding accident in Texas, so don’t delay.

5 Main Causes of Motorcycle Crashes

Posted on by Zreyna Law

Motorcycle enthusiasts across the state enjoy the flat, open highways Texas provides. While riding a motorcycle can be a thrilling experience, it can also be very dangerous even for experienced riders. The Texas Department of Transportation reports that an average of one motorcycle rider dies each day on Texas roads.  The National Highway Traffic Safety Administration (NHTSA) also reported that motorcycle riders are 27 times more likely to be killed in motorcycle crashes compared to passenger vehicle drivers and passengers. Because motorcyclists do not have the same protection as passenger vehicle drivers, wrecks involving them are much more likely to result in serious injury or death.

What causes motorcycle accidents to occur? Below are the five of the most common causes of motorcycle accidents.

Speeding

Texas roads are full of speeding drivers and motorcyclists. Speeding can lead to deadly crashes.  When a driver fails to control their speed, they are less likely to be able to stop quickly or react to changes happening in front of their vehicle. Motorcyclists also have a much higher risk of being severely injured or killed in a high-speed accident since they do not have the protection a passenger car provides.

Distracted or Drunk Driving

Anything that can impair a driver or motorcyclist, or take their eyes off the road, can quickly lead to a devastating car accident. Distracted driving can include texting on a cell phone, eating or drinking, adjusting a radio or GPS system, or talking on the phone. Distractions are incredibly dangerous and reduce the amount of time a driver has to react to changes in their surroundings. Just reading a message or sending a text can take a person’s eyes off the road for five or more seconds at a time. If that person is driving 60 miles per hour on the highway, they will have their eyes off the road for almost 100 yards – the length of a football field.

Drunk driving is illegal in Texas and can lead to severe penalties on top of potentially causing fatal accidents. Alcohol quickly impairs a person’s judgment, making them more likely to take risky moves while driving.

Roadway Hazards

Many Texas roads are known for their potholes, construction equipment, and uneven pavement. Debris and construction equipment are also consistently on the road. While these hazards may not affect a car or truck too severely, they can quickly cause a motorcyclist to swerve, lose their balance, or strike an object unexpectedly. They can quickly suffer serious injuries or even death when hitting an object in the road. Motorcycle riders hitting fixed objects like light poles, guardrails, or traffic signs, accounts for 25 percent of motorcycle crashes and fatalities. The smaller size and less-stable characteristics of a motorcycle make roadway hazards much more dangerous for bikers.

Cars Not Seeing the Motorcycle

Being significantly smaller than passenger vehicles makes motorcycles more easily hidden in blind spots, by surrounding objects, or by other vehicles. A motorcycle weaving in and out of traffic makes it very difficult to predict where they are and if they plan on entering your lane.

Cars also have a tendency to not see motorcycles when making a left-hand turn. Typically the car will hit the motorcycle during the turn if the motorcycle is going straight through the intersection, passing the car, or trying to overtake the car. Accidents of this type are common and account for 45 percent of all roadway accidents involving a motorcycle and a passenger car. In the majority of cases, the car that hit the motorcycle while making a left-hand turn will be found at fault for the accident.

Mechanical Failure

Motorcycles are complicated vehicles with many moving parts that must be kept in good repair in order for the bike to run safely. Any defect in a motorcycle’s design or manufacturing can cause a serious malfunction that can lead to a deadly accident. If your motorcycle malfunctions in any way that causes an accident, you may qualify for a product liability case. Making sure your motorcycle is well maintained before you ride is essential to preventing an accident, but there can be defects you cannot see or fix. The motorcycle manufacturer and other companies that are part of the supply chain must be held accountable for their failures that cause you harm.

South Texas Motorcycle Accident Attorneys

Riding a motorcycle in Texas should be a fun, safe experience. Motorcyclists should not have to fear reckless drivers on the roads. If you or a loved one has been injured or killed in a motorcycle accident, our personal injury attorneys can help. At the Ezequiel Reyna Law Office, we understand the dangers that motorcyclists face on the road. While most drivers and insurance companies might want to pin the accident on you, we work hard to get you the financial compensation you deserve. Contact us today, as there is limited time to act after an accident.

Common Causes of Crane Accidents

Posted on by Zreyna Law

The thriving construction industry in Texas relies on large equipment to speed up the building process and get projects completed on time. Cranes are one of the most commonly used construction tools, with about 125,000 cranes operating in the United States at any given time. While essential to building large structures, cranes are incredibly large, complex machines that pose serious risks to workers. Crane accidents can cause devastating injuries and have proven to be fatal. According to the U.S. Bureau of Labor Statistics, from 2011 to 2017 there were 297 reported crane-related deaths. During that same time period, Texas had more fatal occupational injuries due to cranes than the next three states combined. Why do crane accidents occur?

The most common causes of crane accidents include:

Load too Heavy

Cranes have set weight limits that have to be followed to prevent collapse. The counterweight and out-rigging systems used to balance a crane are critical to keeping it stable. If a crane lifts too much weight, it will throw these systems off balance and the entire structure could buckle and collapse. A crane collapse can be extremely dangerous for the crane operator as well as any workers nearby. That much weight could easily crush an individual and cause severe injuries or death.

Improper Crane Assembly

When putting a crane together, there are very specific safety protocols that must be implemented. If a crane is assembled too quickly or does not have the proper wood or metal blocking supports to keep the load stable, the crane itself could move under the weight of the load and collapse.

Lack of Training

Crane operators are required to be properly trained, including completing specific OSHA training courses to operate a crane on a construction site. If a worker operates a crane but is not properly trained, the likelihood of a crane accident increases significantly. Cranes are complicated machines and must be used by someone familiar with how they function. Employers must also train all workers in the dangers a crane poses to a worksite.

Dropped Loads

Over half of all fatal crane accidents involved a worker being hit by a falling object put into motion by a crane. Cranes are able to carry heavy, oddly shaped, oversized items when operated properly. If a load is not rigged appropriately, it can quickly fall and cause a catastrophic accident. Falling objects can crush or impale workers below and even make a crane tip over, causing even more devastation.

Mechanical Failure

Proper maintenance of all machinery on a construction site is critical to preventing mechanical failures that can quickly lead to devastating accidents. Cranes should be well maintained at all times – including being oiled properly – and any small problems that arise should be fixed promptly.

Contact with Power Lines

Not all cities have underground power lines; and, crane operators must be aware of power lines around their worksite at all times. Electrocution from overhead power lines causes one in every 10 construction site deaths.  If a crane operator hits a live power line, they are in danger of being killed by electric shock.

As with all construction machinery, unsafe practices and recklessness can result in worker injury and death. Employers must ensure machinery is well maintained, inspected daily, and that all who use cranes are properly trained.

South Texas Crane Accident Attorneys

Working with cranes is one of the most dangerous parts of a construction worker’s job. The risk of being injured or killed in a crane accident is high. Long-term injuries can leave you unable to work and leave your family financially burdened. If you or a loved one has been injured while working in the construction industry, contact the Rio Grande Valley workplace accident attorneys of Ezequiel Reyna Law Office today to discuss your case at no cost. There is limited time to act following a crane accident in Texas, so don’t delay.