What to Do After a Car Accident

Oct 29

AT THE SCENE OF THE ACCIDENT:

  1. Call 911
    Report the accident and request an ambulance for anyone who is seriously injured.
  2. Gather information
    Ask the other driver(s) for the following:

    • Full name
    • Name of the person to whom the vehicle is registered
    • Phone number
    • Address
    • Driver’s license number
    • Insurance provider & policy number
    • Make & model of vehicle
    • License plate number
    • Ask any witnesses, passengers, and/or pedestrians for the following:

    • Full name
    • Phone number
    • Ask the police officers for the following:

    • Full names
    • Copy of the police report
    damage-car

  1. Take pictures
    Be sure to get pictures from several angles and distances of any damage to cars, nearby street signs, skid marks, and weather conditions.
  1. Take notes
    • Write down as many details about the accident as you can, including:
    • The time and date of the accident
    • If anyone was driving while intoxicated
    • How the accident occurred
    • The directions the vehicles were traveling in prior to and after the accident
    • If anyone admitted fault
    • If you saw any problems with the vehicles before the accident, such as a broken headlight

AFTER LEAVING THE SCENE:

  1. Seek medical attention even for minor injuries
    Even if you do not feel you are seriously injured, you should seek medical attention as soon as possible after an accident. Doing so not only ensures injuries are not overlooked but it will also serve as documentation of your injuries for an auto insurance claim.

  1. Contact your insurance company
    Inform your insurance company of your accident as soon as possible.

  2. Do not trust the other driver’s insurance company
    Do not talk to anyone associated with the other driver’s insurance company. Texas insurance companies are in the business of denying and minimizing the value of your claim.

  1. Contact an attorney
    An experienced attorney is a powerful advocate against insurance companies and big business that will fight for your fair and just compensation after an auto accident injury. You need someone who can handle all the details, so you can focus on getting better.







Injured on the Job? Here Is What You Need to Know

Oct 26

  • You have just 30 days from the time of your injury to notify your employer. If you do not report your injury within 30 days, you may not be eligible for workers’ compensation benefits.
  • While you have up to 30 days to report an injury, the longer you wait to report it and request medical treatment the better chance there is for the claim to be disputed by the insurance carrier. In other words, you should report your injury to your employer ASAP.
  • You should get a written report of the injury from your employer after you report it.
  • You may be entitled to more than your workers’ compensation benefits. While you cannot usually sue your own employer, another company or subcontractor could be liable for your injury and, therefore, your compensation. A workers’ compensation attorney will know how to maximize your monetary damages and benefits after a workplace injury.
  • If your workers’ compensation claim is denied, you have the right to appeal.
  • If you receive or plan to apply for Social Security Disability Insurance, your workers’ compensation benefits could significantly lower your SSDI payments if your settlement is not structured properly. An experienced attorney can minimize or eliminate this offset.

If you experience retaliation from your employer, such as being fired or demoted or having your hours cut or your pay reduced because you filed a workers’ compensation claim, a qualified attorney can protect your legal rights.

A Case Study:

On October 2, 2015, in an article in The Texas Tribune entitled “In Texas, Injured Workers Struggle to Be Counted”, Jim Malewitz told the story of Isidro Almendarez’s experience being injured on the job and navigating the workers’ compensation system. Almendarez was a carpenter who worked for more than two decades for a construction company called Austin Commercial. In mid-December 2014, he was injured when his hand went through a concrete wall he was demolishing.

jim-malewitz-wife Photo by: Jim Malewitz
Isidro Almendarez and his wife Irma

Although the injury appeared to be minor at first, he reported it to his supervisor. His supervisor refused to send Almendarez for medical attention or to report the injury up the chain of command. Because it was left untreated, his hand developed an infection called cellulitis. Over the next sixweeks, Almendarez continued to tell his
supervisor about the injury. When his boss finally relented and drove him to a nearby clinic, he was refused treatment because his was a workpla ceinjury that had not been addressed for more than thirty days.

Almendarez then went to a hospital where he spent a week fighting the infection. Shortly after his hospital stay, the company’s insurance carrier told Almendarez it would not pay workers’ compensation benefits because he did not report the injury in time.

Almendarez decided to hire an attorney. He also enlisted the help of his co-workers to record statements confirming his version of events. Only then did the insurer agree to grant his claim and pay him what he was owed.

Almendarez’s hand is permanently damaged, causing pain after just an hour or two of manual labor. Austin Commercial fired him, he said, because he could no longer do the work. His advice to other workers who are injured on the job: “If a supervisor doesn’t help, tell his boss and as many folks who might listen.”

The Texas Division of Workers’ Compensation said in a statement to the Texas Tribune, “In order for the injury to be covered by workers’ compensation, the insurance carrier must have knowledge of the injury. That knowledge typically comes from the employer, but can also come from other sources, such as notice directly from the injured employee, or bills received from treating medical providers.”








Beware of Blind Spots: Tips To Keep You Safe On the Road

Mar 30

The Webb Cason PC law firm has a Corpus Christi injury attorney who wants you to remain safe while you are driving. There are numerous dangers on the roads in Texas, including blind spots. When you are driving, blind spots are scary because you can’t see the road, vehicles or pedestrians. Here are some ways to remain safer while driving. 

Driving Safety Tip 1: Wear Sunglasses While Driving On a Sunny Day

If you are driving on a sunny day, make sure to have sunglasses to reduce glare. The accident attorneys in Corpus Christ also recommend slowing down your driving speed when you are in a blind spot so that you can see the road and other vehicles easily. 

Driving Safety Tip 2: Adjust the Mirrors On Your Vehicle

You may never have adjusted the mirrors on your vehicle, especially if you share it with another driver. However, you should always adjust the side and rearview mirror on your vehicle before beginning to drive it. Have someone stand behind your vehicle along with walking around it while you have it parked to understand how to adjust the mirrors correctly.

Driving Safety Tip 3: Use Your Vehicle’s Lights

Make sure to turn on your vehicle’s headlights early in the morning and evening. If the weather is rainy or foggy, then you should also turn on your vehicle’s lights. Remember that other drivers may forget to turn on their headlights, so you should use extra caution while driving during these times. 

Driving Safety Tip 4: Adjust Your Vehicle’s Driver Seat

If you don’t know how to adjust your vehicle’s driver seat, then check your vehicle’s manual. There are levers or buttons to move the seat up or forward to improve the view through the windshield. In some cases, you can also adjust the steering wheel

Contact a Corpus Christi Injury Lawyer

When you are involved in an accident, contact Webb Cason at 361-887-1031 for advice from knowledgeable accident attorneys in Corpus Christi.








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.








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