Recreational Off-highway Vehicle Injuries

Sep 28

girl next to ROV

 

The Consumer Products Safety Commission defines recreational off-highway vehicles (ROVs) as motorized vehicles designed for off-highway use with the following features: four or more pneumatic tires designed for off-highway use; bench or bucket seats for two or more occupants; automotive-type controls for steering; throttle and braking; and a maximum vehicle speed greater than 30 miles per hour (mph).[1]

Since ROVs’ introduction in the 1990s, the public has become increasingly aware of their dangerous characteristics, such as their susceptibility to rolling over. Nevertheless, yearly ROV sales has risen dramatically.

As a result, the United States Consumer Safety Commission began gathering data of ROV-related incidents between 2003 and 2013 and made recommendations for reducing the risks of operating ROVs.

  • From 2003 to 2013, the Consumer Products Safety Commission documented 428 ROV-related incidents.
  • In the 428 ROV-related incidents, there were a total of 826 victims.
  • Of those 826 victims, 231 died and 75 suffered severe injuries with lasting repercussions.
  • 52% of all ROV-related incidents resulted in a death to at least one of the occupants.
  • Of the 428 ROV-related incidents, 76 involved drivers under the age of 16.
  • Of the 428 ROV-related incidents, 291 involved a rollover.
  • Of the 231 deaths, 150 involved a rollover.
  • Of the 231 deaths, 194 were ejected partially or fully from the ROV.

Based on the data, the Consumer Safety Commission made the following recommendations:

  • Do not drive ROVs on paved roads.
  • Everyone riding in an ROV should wear a helmet.
  • Just like in the commercials, everyone should wear protective gear such as eye protection, boots, gloves, long pants and long-sleeved shirt.
  • Always fasten seat belts and keep all parts of your body inside the vehicle.
  • Never have more passengers than there are seat belts and never carry passengers in cargo beds.
  • Never transport passengers who cannot place both feet on the floorboard with their backs against the seat.[2]

 

The South Texas injury lawyers at Webb Cason, P.C. have represented victims of ROV and ATV-related incidents and have seen the devastating consequences of improperly using ROVs and ATVs. Webb Cason, P.C. asks that if you or someone under your supervision is going to drive or ride in an ROV or ATV, follow the Consumer Safety Commission’s recommendations – limit your risk of devastation.

 

[1]http://www.cpsc.gov/Global/Newsroom/FOIA/CommissionBriefingPackages/2014/SafetyStandardforRecreationalOff-HighwayVehicles-ProposedRule.pdf#page=405

[2] http://www.cpsc.gov/en/Safety-Education/Safety-Education-Centers/ATV-Safety-Information-Center/ROV-Safety-Information-Center/

Compensation for Bike Injuries

Sep 12

Business Man riding bike to workOn the morning of July 20th, 2016, Andy Heines, the director of corporate communications for AEP Texas, was riding his bike on the access road of SPID when a truck collided into him. The driver fled the scene without calling 911 or offering aid, leaving Mr. Heines on the side of the road with life-threatening injuries.

Based on a nearby jogger’s description of the truck, police officers were able to track down the truck’s owner, Alexis Derise, Jr., who admitted to having been in an accident that morning.

Emergency medical providers, however, were unable to save Mr. Heines’ life. He passed away on July 25, 2016 as a result of the hit and run.

Often, victims and their families do not fully understand their right to seek compensation for their injuries. If a victim of a hit and run is fortunate enough to survive the accident, he or she can seek compensation for injuries. When a victim is killed in a hit and run accident, his or her family members have the right to recover compensation for themselves and for their loved one. Often, insurance companies will offer victims and their families an unfair settlement in exchange for a release of their rights to compensation.

To protect their rights, victims and family members of deceased victims should seek Corpus Christi truck accident injury lawyers Webb Cason P.C.

The injury attorneys at Webb Cason P.C. are skilled and experienced and will make sure victims and the families of deceased victims recover fair compensation for their injuries. This is the mission of the car accident attorneys at WebbCason P.C., who have decades of experience in handling:

· Hit and runs;
· Pedestrian accidents;
· Car wrecks;
· Truck accidents;
· 18-wheeler accidents;
· Highway accidents;
· Fatal traffic accidents;
· Injuries from defective vehicles and products;

Webb Cason P.C. is a firm of dedicated and passionate South Texas injury lawyers. If you or a loved one have been injured as a result of someone else’s fault, call WebbCason P.C.

Watch out for that…Hand!

Jun 17
hand-arm vibration syndrome

If you are suffering from HAVS syndrome, contact us today!

When you’re a construction worker, or another type of laborer, your hands are your livelihood. There are all sorts of factors that can contribute to minor hand injuries that can stop you from working for a shift or much longer. From cold weather to vibrating equipment to dangerous machinery, your hands are constantly exposed to risks. Hand-arm vibration syndrome is one such danger.

Tingling, numbness, and tight pain are common symptoms of carpal tunnel syndrome, but they are also symptoms of hand-arm vibration syndrome (HAVS), which can not be corrected through the surgery that fixes carpal tunnel. HAVS can be permanent and can even lead to gangrene. One specific sign is a loss of color or extreme coldness in fingers.

HAVS occurs in workers who consistently operate vibrating equipment, and can take years to materialize, sometimes even after the worker leaves the profession. If you are starting to exhibit symptoms of HAVS years after leaving construction, you may have trouble getting compensation. The best way to address this situation is to obtain legal help. Your lawyer can provide appropriate documentation and argue for the diagnosis’s relationship to your former job.

If you are suffering from HAVS or another workplace-related injury, the experienced workplace injury attorneys at Webb Cason, P.C. We are available for a consultation today.

 

Does a “Paid by the Mile” Policy Raise Accident Rates?

Jun 03

truck_stopSome think the lifestyle of a trucker is freeing. Constantly traveling, no boss shouting over your shoulder, just you and the road. But there are a host of cons to match the pros, including time away from home, pressure to avoid disastrous accidents, and the sticky issue of pay. The trucking industry’s standard is to pay “CPM” or Cents Per Mile, which incentivizes truck drivers to squeeze out more miles every day.

As one can imagine, attempting to drive more in the same amount of time has potentially dangerous repercussions. Drivers go farther, faster, and longer, despite laws that limit time behind the wheel. The driver’s incentive to run more miles while tired for the sake of earning more money is strong.

However, other pay systems have similarly troubling drawbacks. For example, some companies pay by gallon of gas, but that also is based on time spent driving, and has similar drawbacks to pay by the mile. Another standard is hourly, which is more common with short-haul drivers and is used when the driver will be doing a lot of work outside of the truck, such as unloading freight. Finally, a small portion of drivers are paid by percentage of revenue, which is lower stress as it allows more time to work at one’s own pace.

With things like traffic and construction rerouting trips and thinning out the potential earning of a driver, it’s easy to see potential for truck drivers to become agitated. Since agitated drivers are less aware and more aggressive, this leads to conditions where accidents are more likely. As long as the industry’s pay scale remains a challenge, this will continue to affect the highways. If you’ve been involved in a trucking accident, contact the experienced Corpus Christi trucking accident lawyers at Webb Cason P.C. today to discuss your next steps.

Overuse Injuries on the Job

May 20
If you have suffered an injury at work, contact us today!

If you have suffered an injury at work, contact us today!

Overuse injuries come from repeatedly performing a motion. Many people are aware of overuse injuries that athletes suffer from movements like throwing a baseball or taking swim strokes. However, overuse injuries are also common in an office. Also known as repetitive stress injuries, they can occur within movements as simple as typing at a keyboard.

Some common workplace overuse injuries include: carpal tunnel syndrome, Dupuytren’s contracture, tendinitis, bursitis, Raynaud’s disease, and rotator cuff problems. These do not sound as dramatic as losing a hand or breaking a leg, but they do cause pain and potential disability. However, because they are not obviously traumatic, convincing your employer that you deserve workers’ compensation can be difficult.

The best way to insure you do not lose out on compensation is simply to avoid being injured in this manner. A variety of stretches and care can be taken to make sure the potentially stressed joints are limber and prepared for the repetition. However, in the case that you have gotten an overuse injury, immediately report your injury to your employer. Contacting a workers’ compensation lawyer can be beneficial as well, especially if your employer is resistant to your injury claims.

The Corpus Christi workplace injury lawyers at Webb Cason, P.C. Attorneys at Law are experienced with workers’ compensation claims and are available for a consultation today.

Trucking Accidents: Why So Common in Texas?

May 06
map of texas

If you have been injured in a trucking accident, contact us today!

Texas outclasses every other state by far in the number of trucking accidents per year. Of the approximately 500,000 trucking accidents annually, over 5% occur in Texas alone, which translates to almost 70 trucking accidents every day of the year. From the high number of fatalities to the ratio of fatalities to injuries, there are many factors that contribute to these devastating statistics.

1. Size. Texas is obviously a large state, which means there’s simply more geographic opportunity for accidents to occur. Couple that with long stretches of roadway wherein drivers let their attention drift, and you have a recipe for an accident.
2. Weather. Texas is known for a good amount of poor weather, which affects driving conditions and can cause poor visibility and extended stopping distance.
3. Location. Texas is in the middle of the country, so long-haul truckers are constantly crossing the state on their way from coast to coast. There’s simply a higher likelihood that a long trip will take a driver through Texas, and long trips are more likely to lead to a lower state of alertness. In addition to likelihood, long trips lead to higher wear and tear on the truck, which can give way to mechanical failures such as tire blowouts or brake failure.
4. Speed limits. Texas is the only state that has portions of the freeways with speed limits at 85 miles per hour. It also has the most variance from county to county. The high speeds and the variety of speeds combine to make potential for high velocity trouble.

With these factors in mind, the number one defense for a Texas driver is to stay alert. However, sometimes that isn’t enough to stop an accident. If you’ve been involved in a trucking accident, contact the experienced Corpus Christi auto accident lawyers at Webb Cason P.C. today. We are available to discuss you case today.

You Need Help With a Trucking Accident

Apr 18

trucking_accidentTexas has more than its share of large trucks which dominate the roadways. Due to the sheer size and weight of an 18-wheeler, trucking accidents can be disastrous for another driver and his or her family. A collision with an 18-wheeler often results in serious and even life-altering injuries or death.

You Have to Know the Rules

The trucking industry is highly regulated by the state and federal government in an effort to protect the public. These regulations deal with proper loading, maximum driving time, rest breaks and driver qualifications, just to name a few. A violation of these rules can often result in liability for the truck driver and the trucking company. But you have to know what the various regulations require and where to look to find the violations.

You Have to Use the Right Experts

To complicate matters even more, determining exactly why and how an 18-wheeler accident occurred is often more complicated that the usual car wreck. Qualified experts who specialize in these types of collisions are usually critical to holding the trucking company responsible.

You Have to Know the Tricks

Over the years, trucking companies have tried to avoid liability by using various “tricks of the trade”. One such example is the use of the so-called “independent contractor”. In this trick, instead of owning the truck, the company leases or rents the truck from the driver who owns the equipment. The company then hires that driver as an independent contractor and argues that it is not responsible for the driver’s actions. But there are federal laws that can put an end to such tactics, no matter what the lease says or what name is on the truck.

Bottom Line

If you or a loved one has been the victim of an 18-wheeler accident, you need qualified legal help to get fair compensation. You know the trucking company will have lawyers and experts working on avoiding liability within hours of the accident, so it is important that you act quickly also. The Corpus Christi attorneys at Webb Cason, P.C. are here to help you.

Common Driving Issues Are Multiplied in Truck Crashes

Apr 04
If you have been injured in a tucking accident, contact us now.

If you have been injured in a trucking accident, contact us now.

If you’ve ever driven down the freeway surrounded on all sides by giant 18-wheeler trucks, you can appreciate the dangers that such vehicles present. Several times larger and many tons heavier than the family minivan or SUV, commercial trucks can cause devastating injuries in a collision. Sadly, this happens all too often. According to the latest statistics by the National Highway Traffic Safety Administration, 114 people were killed in accidents involving large trucks in Texas in 2014.

On the road, you face ordinary dangers by other drivers and road conditions all the time. These may include the following:

• Distracted driving, especially by drivers who use cellphones or text behind the wheel
• Speeding or reckless driving
• Alcohol or drug use
• Driving unsafely in poor weather or on badly maintained roads
• Driving while fatigued

All of these driving behaviors are regularly exhibited by truck drivers. However, fatigue is especially concerning, since truckers are known for driving long hours to reach their destinations quickly. You might recall the horrific crash involving comedian Tracy Morgan and a Wal-Mart truck driver, who was alleged to be driving while drowsy. Drowsy driving is such an issue among truck drivers that federal regulations are in place to limit the hours they are allowed to drive each day and throughout the week in total. The Federal Motor Carrier Safety Administration places an 11-hour driving limit per day for truckers, and a 70-hour weekly driving limit before they must take a break for 34 consecutive hours.

If you or a loved one was involved in a trucking accident, you may be eligible for the compensation of your medical expense, pain and suffering, and other losses. The injury law firm of Webb Cason, P.C., is experienced in dealing with trucking companies and insurance corporations that want to avoid responsibility for the truck accident that resulted in your injuries.

Corpus Christi Lawyers on New NTSB Recommendations

Apr 01

traffic_jamThe sheer size and population of Texas means that many people every year are subject to car accidents. Statistics provided by the National Highway Traffic Safety Administration reported 3,538 traffic-related deaths in Texas in 2014. Even taking Texas’ size into account, this number is significantly higher than most other states. As Corpus Christi lawyers, we realize it is clear that more needs to be done to protect Texas drivers, in addition to encouraging drivers to adopt safer habits behind the wheel.

Recently, the National Transportation Safety Board posted its list for the Most Wanted transportation safety improvements of 2016. A large portion of the recommendations focuses on improving and standardizing various technologies for vehicles in both the passenger and commercial departments. For example, officials with the NTSB would like to see more vehicle manufacturers implementing technology that aids drivers in avoiding collisions and in reducing the severity of rear-end crashes – a major contributor of serious injuries and deaths in traffic accidents nationwide.

The list also targets public awareness on such issues as seatbelt use and using the correct child restraints for different age groups. Additionally, NTSB officials say it is important to take stronger measures on preventing distraction and fatigue behind the wheel. Finally, the organization recommends the national legal blood alcohol limit be reduced to .05 percent in an effort to reduce drunk and buzzed driving.

Out of all fatal car crashes in Texas in 2014, 1,446 were alcohol-related and just 91 involved people who were wearing seatbelts. These statistics may reflect the NTSB’s concerns in these areas. Despite taking precautions to avoid getting into a crash, there will always be others who do not observe traffic laws and safety recommendations. If you are injured in a motor vehicle collision caused by someone else, you may need to contact an experienced personal injury lawyer in Corpus Christi to discuss possible compensation.

Can I pay a Corpus Christi lawyer with Contingency Fees?

Sep 29

A contingency fee is another option for paying a lawyer, instead of paying the traditional hourly rate. Payment for the firm is in the form of a percentage of the recovery from the case, either before or after expenses are reimbursed. Contingency fees are a useful option for those who are in need of legal help, but have limited resources and cannot afford traditional attorney costs. Webb Cason P.C., like all law firms, is only able to take certain types of cases, like accident and personal injury cases, on a contingency fee basis.judgement money

When we take on a case on a contingency fee basis, we create a contract with the client that determines what percentage of the case recovery the firm will earn as compensation. This percentage is based on the difficulty of the case, whether it must be pursued in court or whether it can be resolved in mediation or arbitration, expected costs, and the length of time that the attorneys estimate they will spend on the case. The agreement will seek to be fair based on actual costs and typical earnings based on a traditional payment model, but it may not always perfectly reflect attorney expenses and time worked on the case.

Some of the most plaintiff friendly benefits include:

  • Little or no upfront cost to hire the attorney
  • No fear that the attorneys will take extra time to get extra wages from you
  • No risk of paying for nothing- if we don’t win your case, we don’t get paid
  • Only pay with money you recover- no out of pocket costs
  • Attorney pays costs of filings, depositions, and other legal fees during the process, making it a smoother process for you

Not every case will qualify for payment on a contingency fee basis, but the Corpus Christi lawyers at Webb Cason P.C. we seek to provide legal services for those who are in need, not just those who can afford a lawyer. We offer contingency fee payment for many of our accident and personal injury case services. Contact us today to discuss whether we can take your case on a contingency fee basis.

Practice Areas


Blog

Contact Us

Subscribe to the Blog