In Texas, there are no definitive plans to legalize medical marijuana although there is much speculation about when legalization will come to the Lone Star state.

When marijuana is legalized for either recreational or medicinal use, rules have to be established to determine if a motorist is too impaired by THC to drive safely. The question of whether a driver is impaired can be left to the discretion of a law enforcement officer. A state can also set a limit on the amount of THC someone can have in their blood, just as the .08 blood-alcohol concentration exists for impaired driving. States that have already legalized marijuana are grappling with how to best protect driver safety and Texans may want to watch to see how their decisions impact road safety.

But as personal injury lawyers know, the regulation of stoned driving can be an inexact science. The levels of THC in someone’s blood do not necessarily correlate with the level of impairment. The ABA Journal indicates that both Colorado and Washington have set a maximum THC limit of 5 nanograms before someone is considered impaired, but that this may not be the best or most precise way to judge whether a motorist is able to drive safely or not.

Regulating Stoned Driving

Oregon is considering legalizing marijuana but has not followed the lead of Colorado or Washington regarding setting a maximum THC limit. The ballot measure addressing legalization sets no limit and it would be up to law enforcement officers to use their discretion to decide if someone is stoned and shouldn’t b operating his vehicle.

There are good arguments to make for why a THC level may not be the best way to judge if someone is a safe driver. A British study showed that a person who uses marijuana is most euphoric 30 minutes after taking the drug, but his or her THC levels would peak 10 minutes after smoking cannabis and would actually fall by the time he is most impaired. Scientists have been unable to establish a direct link between the amount of active THC in a person’s body and a driver’s impairment level, and one forensics lab supervisor expressed concern that the THC concentration in the blood was not correlated to impairment.

Of course, leaving the issue of judging impairment to the officer’s discretion is also problematic as mistakes can be made and securing a conviction for stoned driving could be more difficult without objective evidence. This is a problem because stoned driving is a major danger to other motorists.

As the FDL Reporter indicates, brain imaging tests have found that people who are stoned must use more of their brain to correctly perform simple tasks. Stoned motorists also have delayed reaction times, poorer peripheral vision and a reduced ability to multitask. This makes an accident far more likely to occur.

Between 1994 and 2011, the number of drivers involved in fatal collisions in Colorado testing positive for marijuana has more than doubled, and things are likely to get much worse as marijuana use becomes more widely accepted. Something needs to be done to effectively deterred motorists from driving stoned.

Contact a San Antonio accident lawyer at the Herrera Law Firm. Call 800-455-1054 or visit http://www.herreralaw.com for a free case consultation.

A San Antonio warehouse worker lost his life in a mid-August industrial accident after a 3,500 pound sack of fracking sand fell on him. The cause of the accident remains under investigation by the San Antonio Police Department and the deceased worker’s company has yet to make a statement regarding the accident.

No matter how the accident occurred, the tragedy serves as a sobering reminder that fatal accidents can happen at the workplace in a moment’s notice. People who were injured or lost a loved one in a workplace accident should contact a San Antonio personal injury attorney to discuss their legal rights.

Workplace accident under investigation by San Antonio Police Department

According to ABC 12, the worker was killed on Monday, August 18 at a warehouse owned and operated by Chalk Mountain Services, an oilfield transportation company that specializes in hauling production, flow back water and fracking sand.

The article indicates that the worker – a man in his 60s – was spotting for a forklift operator when a 3,500 pound bag of fracking sand fell from an unknown height on top of him. Officials from the San Antonio Fire Department said bags inside the warehouse were “stacked about three or four high.”

The accident victim was pronounced dead at the scene. The company has yet to release a statement or any additional information on the accident, which remains under investigation by the San Antonio Police Department. The Bexar County Medical Examiner has not released the victim’s name or specific cause of death.

A closer look at on-the-job injuries in Texas

Just about any workplace can be dangerous. However, workers within the oil industry, warehouse workers and other physical laborers often face hazards beyond what many workers face. Common examples of injuries at these worksites can include broken bones, traumatic brain injuries, falls from a height or crushing injuries.

Workplace accidents can happen for a variety of different reasons. A poorly trained employee may not be familiar with how to operate equipment. Workers may be forced to work with poorly maintained equipment. An accident may occur at a worksite after an employer failed to comply with the directions of health or safety inspectors.

In Texas, the majority of workplace accident claims are handled by the state Workers’ Compensation Board. However, sometimes employers – and their insurance companies – will try to take shortcuts to avoid paying injured workers and may even demand employees to come back to work when they’re not completely healthy.

In other cases, a party besides an injured worker’s employer (a third party) can be held responsible for an accident. Injured workers may have a right to sue a negligent third party for damages relating to a workplace injury if that person or company created the conditions leading to a third-party workplace accident.

For those who have been injured or whose loved ones were killed in a workplace accident in Texas, it’s important to have an experienced workplace accident attorney on your side who can explain your legal rights and help guide you toward a successful outcome.

Contact a San Antonio workplace accident accident lawyer at the Herrera Law Firm. Call 800-455-1054 for a free case consultation.

A recent San Antonio accident caused injuries to one female motorist. According to News 4 San Antonio, it is believed the collision occurred when a driver ran a red light.  Motorists have a legal obligation to obey traffic signals, including stopping at a red light, in order to prevent collisions like this one. Unfortunately, many drivers fail to stop. If you or a loved one is injured by a red light runner, call a personal injury lawyer for help ensuring a claim for compensation.

Prevention of red light accidents is essential, as there are hundreds of deaths and thousands of injuries each year that result from red light collisions. National Stop on Red Week is one part of the effort to reduce the number of red light running collisions.

National Stop on Red Week

The National Coalition for Safer Roads (NCSR) has organized National Stop on Red Week with the goal of educating the public about the scope of the risks that go along with running a red. According to the NCSR, there are around 8,700 fatalities in intersection accidents each year.

The Federal Highway Administration has specific details and statistics on the number of people who are killed in collisions when a red light has been run. For example:

• In 2008, 762 people died when they were involved in a motor vehicle collision caused by failure to stop at a red light.
• Annually, there are around 165,000 injuries that occur when drivers do not stop at red lights.
• In around half of all fatal accidents that occur when a driver runs a red light, the victim is not the person who failed to obey the traffic signal.
• One out of every three people report that they know someone who was either injured or killed in a collision that occurred after a driver ran a red light.

So many people are injured or hurt because there are far too many motorists running red lights. The NCSR published a report on red light violations after obtaining data from 20 states. According to the report:

• There were 570,122 red light violations recorded by traffic cameras on Fridays in 2013. Friday was the day of the week with the highest number of red light violations.
• There were 439,323 red light violations recorded by traffic cameras on Sundays in 2013. Sunday was the day of the week with the lowest number of red light violations.
• Around 1/3 of all red light violations occurred between the hours of 1:00 p.m. and 5:00 p.m. During this time, there were more than a million red light violations recorded in 2013.

The NCSR has encouraged all drivers to Take the Pledge during National Stop on Red Week, which took place from August 3-9 in 2014. The Pledge is a promise to obey the rules of the road and not to go through red lights.

The Federal Highway Administration also has suggestions for other activities during National Stop on Red Week including:

• Press conferences on the statistics about red light violations and related accidents and deaths.
• School events where kids wear red.
• Slides at movie theaters to encourage drivers to Stop Running Red Lights.
• Political activism to convince politicians to impose tougher penalties for running a red.

Hopefully, activities like these will raise awareness and fewer red light accidents will occur.

Contact a San Antonio accident lawyer at the Herrera Law Firm. Call 800-455-1054 for a free case consultation.

Summer provides the perfect time for people to take road trips to visit friends or relax at vacation destinations. Unfortunately, with more people on the roads, there is also a greater risk of accidents during this time.

Protecting yourself during summer road trip season is essential and Safer Car has some tips for things you can do to avoid problems and to keep others safe on the roads. Drivers should consider these safety tips before heading out on the road. Victims of accidents should also consult with a personal injury lawyer for advice on protecting their legal rights and obtaining compensation if an accident does occur.

Tips for a Successful Summer Road Trip

The success of your summer road trip begins with making sure your car is in good working order before you head out so you do not have a breakdown. One of the worst types of breakdowns that occurs is a tire blowout because this could cause you to experience an accident. You should check your tire treads before you leave on your road trip to ensure that the treads are not too worn. You should also check the air pressure in your tires. Your car may have a sensor that alerts you when tire pressure gets too low, but it never hurts to check manually.

You could also be at risk of an accident if you have problems with your windshield wipers on the road. Be sure that the wipers are not overly worn and that you have windshield wiper fluid in the car before you go. This will allow you to maintain adequate visibility in case you hit a patch of bad weather on your drive.

Once you are on the road, you need to tell all of your passengers to buckle their seat belts and you need to be buckled up yourself. Seat belts should be worn even for trips of very short duration because accidents can happen anywhere. If you are traveling with children, kids under the age of 13 should be in the back seat to avoid the potential for air bag injuries. Younger children will need more than just a seat belt and you should have a booster seat or car seat depending upon the child’s weight and age. Installing car seats can be difficult so check your owner’s manual to make sure that your seat is installed correctly.

You need to focus not just on your own safety but also on the safety of others on the road when you head out for your summer road trip. Remember that there are more young children walking and biking in the summer because they are out of school and there are also more motorcycles on the road during the nice weather. Avoid driving while you are distracted and stay focused on the road at all times so you do not cause a collision and injure someone else. Let pedestrians have the right-of-way at crosswalks and don’t assume that they see you when you are driving.

Contact a San Antonio personal injury lawyer at the Herrera Law Firm. Call 800-455-1054 or visit http://www.herreralaw.com for a free case consultation.

Truck accidents remain a significant risk for drivers and passengers in smaller motor vehicles. Recent data from the National Highway Traffic Safety Administration (NHTSA) reveals a rise in truck accident fatalities in 2012 and demonstrates that occupants of passenger vehicles make up the majority of those killed in truck crashes.

Preventing truck accidents is essential for motorists to stay safe on the road. Those who are injured in a truck collision should also understand their legal rights. A personal injury attorney can provide legal representation for truck accident victims and family members of people killed in collisions.

Truck Accident Deaths on the Rise

The recent NHTSA report has bad news for drivers about truck collisions:

• Truck accident fatalities increased four percent between 2011 and 2012. In total, there were 3,921 people who were killed in collisions involving large trucks over the course of 2012. A large truck is a truck that weighs more than 10,000 pounds.
• In addition to the deaths, there were a total of 104,000 injuries in truck collisions in 2012.
• In total, 330,000 large trucks were involved in motor vehicle accidents over the course of the 2012 year.
• People who were in a different vehicle from the truck accounted for 73 percent of all truck accident fatalities that happened in 2012. This was a five percent increase in the number of non-truck occupants killed in vehicles after being involved in a truck collision as compared with the prior year.
• People who were not occupants of any vehicle accounted for 10 percent of truck accident fatalities over the course of 2012. This was a decrease of 11 percent compared with the number of non-occupants who killed the prior year.
• Truckers and passengers inside of large trucks accounted for 18 percent of truck accident fatalities in 2012. This was a nine percent increase compared with the prior year.

Since drivers face the biggest risk of dying in a truck accident, drivers should ensure that they are doing everything they can to stay safe. While a driver may be unable to avoid an accident caused by a negligent trucker, there are things motorists can do to reduce their risk. For example, drivers should:

• Remember that trucks have large blind spots. There is a “no zone” that exists in the front, the side and the back of the truck. As GEICO reminds motorists, if a driver cannot see the trucker in the truck’s rear-view mirror, the trucker cannot see the driver.
• Know that trucks have a longer stopping distance. A truck could travel the length of a football field once the driver has hit the brakes. Drivers need to ensure they do not get into the path of the trucker and should never cut off a trucker abruptly.
• Pass carefully. You should not pull forward and move over until you are sure that you see the front of the truck in your vehicle’s rear-view mirror.

By following these driver safety tips, hopefully people can reduce the risk of being hurt or killed in a collision with a large truck.

Contact a San Antonio personal injury attorney at the Herrera Law Firm. Call 800-455-1054 or visit http://www.herreralaw.com for a free case consultation.

Truck drivers are limited by the Federal Motor Carrier Safety Administration (FMCSA) in the number of hours that they can drive per day and the number of hours that they can drive per week. Truckers must not work more than 14 hours a day, and can drive for a maximum of 11 hours. After they have driven 60 hours over seven days or 70 hours over eight days, they also must take a rest break called a “restart period” that lasts for 34 consecutive hours and includes two overnight periods.

Recent changes to FMCSA regulations require truckers to include two periods between 1:00 a.m. and 5:00 a.m. in their restart period. This has drawn sharp opposition from some professional trucking groups and the Senate Appropriates Committee recently acted to undermine the regulation and suspend the restart regulation. Sen. Susan Collins of Maine pushed the measure. It must now be adopted by the full Senate as well as reconciled with House appropriations legislation, according to the Huffington Post.

Unfortunately, an accident just days after the Appropriations Committee acted only served to tragically illustrate the risks. Drowsy driving is dangerous, and it is essential that rules prevent truckers from driving fatigued. Accident lawyers in San Antonio at The Herrera Law Firm should be consulted after a truck accident or any collision involving a fatigued driver, as the crash victim may have a legal right to monetary compensation for losses.

Tough Rules Needed to Prevent Driver Fatigue

The accident that drew attention to the dangers of drowsy truck drivers resulted in one death and four injuries. It made national headlines because one of the individuals who sustained critical injuries was comedian Tracy Morgan, who is a former “Saturday Night Live” and “30 Rock” cast member.

The collision was blamed on a Wal-Mart truck driver who had reportedly been awake for 24 hours before the crash happened. A driver who has been awake for 24 hours is seriously impaired by fatigue. He may experienced delayed reaction times as well as impaired judgment. Studies have shown that being awake for this long is the equivalent of having a blood-alcohol content (BAC) of .10, which is well above the legal limit.

The trucker now faces criminal charges for the fatality and injuries. Wal-Mart has indicated that it will take responsibility if the accident turns out to have been the fault of the fatigued driver.

Even with laws in place, this devastating accident may have happened because a trucker did not make a smart choice to get off the road when he was too tired. Weakening the laws would be a step in the wrong direction and could encourage more truck drivers to push the limit and drive even when it is not safe to do so.

An FCMSA administrator admonished Congress for its attempt to roll back the legislation, indicating that “Suspending the current Hours-of-Service safety rules will expose families and drivers to greater risk every time they’re on the road.”

The injured can contact a San Antonio accident lawyer at The Herrera Law Firm. Call 800-455-1054 or visit http://www.herreralaw.com for a free case consultation.

Texas is second only to California in the number of pedestrian deaths that occur within the state. NBC reports that in 2012, there were 478 pedestrian deaths in the state of Texas. Nationwide, the number of pedestrian fatalities hit a five-year high after increasing each year since 2009.

Pedestrian accident lawyers in San Antonio know that children and the elderly are at the greatest risk of being injured or killed in such collisions. Taking steps to prevent pedestrian accidents is essential, and a report in the Journal of TRAUMA® Injury, Infection and Critical Care summarized some of the steps that have been taken over the years to try to reduce the number of children killed in pedestrian-vehicle collisions.

Reducing Pediatric Pedestrian Injuries

Efforts to reduce pediatric pedestrian injuries date back decades. In the 1950s, a program was used in the United Kingdom that has been called the “Kerb Method.” Children were asked to recite rules military-style so they could memorize safety tips for walking and crossing the road. The simple rules developed for children during the 1950s, called the Green Cross Code, are still taught to and used by British children today.

Education is a good step towards keeping children safe from pedestrian collisions, however it is not enough. In fact, in the late 1980s, the World Health Organization (WHO) released studies demonstrating that there were several essential aspects to any pedestrian safety program effective at reducing the risk of collisions.

The WHO dubbed the three essential elements of pedestrian safety programs as the “Three E’s.” This stands for education, engineering and enforcement.

Education should extend not just to children but to parents and to drivers as well. Children between the ages of five and 14 are especially vulnerable, and both boys and African-American children are at the greatest risk of being killed in a pedestrian crash. Parents and kids need to be aware of risk factors, of where accidents happen and of how they can be prevented. Urban and residential streets, for example, are places with a high number of childhood pedestrian accident fatalities and most crashes involving children and motor vehicles occur in the early evening.

Engineering and enforcement focus on designing safe roads, and passing and enforcing laws designed to increase the safety of children who are walking on those roads. An organization founded in 1987 called the Safe Kids program lobbies for laws to change environments in as many as 150 different cities, and the organization has been effective at helping to encourage lawmakers to make roads safer.

The Centers for Disease Control and Prevention (CDC) and the National Highway Traffic Safety Administration (NHTSA) also believe that behavioral evaluation and skills training should be essential parts of pedestrian safety programs.

When comprehensive efforts are made to educate the public on safety and to make the roads safer, lives can be saved.

Contact a San Antonio accident lawyer at the Herrera Law Firm. Call 800-455-1054 for a free case consultation.

Two friends headed out one night recently in San Antonio. One never made it home. The other now faces more than a decade behind bars on charges of intoxication manslaughter in the death of her friend.

Drunk driving accident lawyers in San Antonio understand that speed and alcohol allegedly played a part in the crash. The passenger was declared dead at the scene. The women, both in their 20s, were cousins as well as best friends, authorities say.

April is Alcohol Awareness Month. The lives of these two women are forever changed, but it may not be too late to reach others. It’s a relevant time to point out that Texas leads the nation in drunk driving deaths.

Drunk driving a top killer of Texas drivers

According to figures from Mothers Against Drunk Driving (MADD), in 2012, there were nearly 1,300 people killed in drunk driving crashes in Texas. That accounted for nearly 40 percent of all traffic deaths in the state, and was a 7 percent increase from 2011.

The organization further estimated that the total number of alcohol-related crashes in the state in 2012 was somewhere around 26,000, costing taxpayers an estimated $6 billion in losses. The average alcohol-related fatality costs the state of Texas about $4.7 million.

One increasing area of concern is the use of alcohol by those under the age of 21. A recent survey submitted to Congress by the Substance Abuse and Mental Health Services Administration indicated that 26 percent of those aged 12 to 20 in Texas reported using alcohol within the last 30 days. That amounts to about 821,000 youth. Binge alcohol use by this same cohort in the last month was about 17.5 percent, or roughly 550,000 youth.

Risk of this kind of behavior spikes right around now, as we approach graduation season. Far too frequently, celebrations involve alcohol, and with that comes the greater risk of a drunk driving crash.

Alcohol use among teens a growing concern in Texas

The Foundation for Advancing Alcohol Responsibility reports that in 2012, there were 170 Texas teens killed in impaired driving crashes. That’s roughly 13 percent of the total, which is especially concerning when you consider that it’s illegal for anyone under 21 to drink in the first place.

Of those drunk drivers involved in fatal crashes, 72 percent had a blood-alcohol of 0.15 percent or higher, which is nearly double the legal limit.

For teens, alcohol is by far the deadliest drug. The National Center on Addiction and Substance Abuse at Columbia University reports that a 16-year-old is more likely to die of an alcohol-related issue (including drunk driving) than anything else.

Some parents mistakenly believe that teens may be safer if they drink supervised in their own home. This isn’t so, and Texas dram shop laws (specifically Texas §2.01 et seq) holds that adults who serve alcohol to minors can be held civilly liable if anything happens to that teen or if that teen subsequently causes someone else to be hurt.

It’s simply not worth it.

Teens aren’t the only ones harmed by drunk driving, of course, but they are disproportionately affected, and parents should take note. This is an opportunity to open a discussion and underscore your beliefs and expectations.

Meanwhile, MADD is gearing up for the 2015 legislative session in an effort to bolster anti-drunk driving laws, to allow for legalization of sobriety checkpoints (which state law currently forbids) and the requirement of ignition interlocks for all DUI offenders, not just those who have been arrested more than once.

Contact a San Antonio drunk driving attorney at the Herrera Law Firm. Call 800-455-1054 for a free case consultation.

In 2013, drivers in San Antonio spent a little more than 13 hours sitting in traffic on expressways over the course of the year. Comparisons of traffic congestion across major metropolitan areas showed that San Antonio does not have as much traffic congestion as several other cities in Texas.

Most experts agree that drivers are less likely to be in severe accidents in congested area. The heavy traffic forces a slower speed, reducing the risk of major injuries or fatalities. However, the overall risk of collisions can increase with cars in close proximity to each other. The risk may be greatest when a driver comes upon a “sudden” traffic jam, or a line of stopped vehicles he may not have been expecting.

Motorists are expected to drive carefully and adjust their speed and behavior to traffic conditions. A failure to do so could result in liability for any collision that occurs because of negligent driving behavior. A San Antonio accident attorney can help victims who are harmed in a collision to take legal action against those responsible.

Traffic Conditions in San Antonio

San Antonio ranked #39 out of the large metro areas in America in a survey measuring traffic congestion caused. Traffic jams caused by construction or collisions were not factored.

San Antonio’s traffic issues were much less severe than other cities in Texas that made the list of most congested areas.  Austin was the fourth worst metro area in the U.S. for congestion and residents spent more than 41 hours in 2013 sitting in traffic. Houston was number 20 on the list, with motorists sitting in traffic for 26.7 hours. Dallas was just below, at 22.1 hours and coming in as number 25 on the list. The worst city in the whole country was Los Angeles, where drivers lost 64.4 hours due to congested traffic.

Traffic congestion can have a major impact on crash rates. One study indicated that crash severity was reduced by more than half in cases where all lanes had similar heavy traffic volumes. However, in cases where all lanes have similar levels of traffic congestion, increases in collisions with fixed objects tends to occur more frequently. This could be explained by driver efforts to avoid crashing into other vehicles by swerving into objects. When left and interior lanes are congested, on the other hand, the risk of side-impact and rear-end collisions may increase.

A survey of more than 8,000 drivers indicated that “sudden jams” may be especially dangerous for motorists. A total of 35 percent of respondents said they had been in a collision because they were not able to stop when they came upon unexpected traffic. Although 64 percent of drivers claimed to know the stopping distance they would need to avoid a collision, only 28 percent of motorists actually knew in advance how far they needed to brake when going at 60 miles per hour.

A San Antonio accident attorney can help collision victims. Call the Herrera Law Firm at 1-800-455-1054 to schedule a free consultation.

Truck accident injuries and deaths have increased in recent years. In 2012, statistics showed four percent more fatalities and 18 percent more injuries occurred in truck crashes than in 2011.  This increase occurred despite the fact that the Federal Motor Carrier Safety Administration (FMCSA) is in the midst of a multi-year effort to remove unsafe truckers from the road.

CSA-2010 was launched by the Federal Motor Carrier Safety Administration to replace an earlier program called SafeStat.  CSA didn’t include any new laws, but instead was a reporting initiative. It was designed to reduce crashes by measuring motor carrier safety performance. The FMCSA is able to use the data to decide where to focus its limited investigatory resources. Unfortunately, the Government Accountability Office (GAO) issued a 111-page report pointing out many flaws in the CSA-2010 system.

As the GAO and the FMCSA work through disagreements about safety measures, real people are losing their lives in truck accidents every day. Victims of collisions can hold truck drivers and trucking companies responsible with the help of a truck accident lawyer in San Antonio.  The Herrera Law Firm is here to help.

Is the FMCSA’s Data Collection System Effective?

The  goal with CAS-2010 was to gather performance data about different trucking companies from accident investigations and from roadside inspections.  The data would be used to grade each of the motor carriers based on the company’s rate of violation.  The different companies would be compared in seven different categories.   The FMCSA would then be able to concentrate its enforcement resources on high-risk carriers.

The GAO, however, identified a few serious problems. For example:

• The violations that the FMCSA is looking at are not necessarily the ones likely to lead to accidents. Trucking companies can violate all sorts of safety rules, but only certain ones increase the chances of truck accidents. The GAO believes that the focus should be on identifying the violations that have a direct correlation to collisions.
• There is not sufficient data to actually compare different carriers reliably.  Around 95 percent of trucking companies in the U.S. operate less than 20 vehicles. The FMCSA cannot possibly inspect enough vehicles from each trucking company to create a reliable comparison.

These are major problems, because if the system is flawed, the FMCSA may be focusing its efforts and investigations on the wrong trucking companies. If the FMCSA doesn’t work effectively to stop dangerous trucking companies from operations, these companies can continue to keep their fleets on the road and put others at risk.

The GAO has urged the FMCSA to revise the methods it uses in order to better reflect limits it has in gathering data. It is unclear whether this advice will be taken, as some reports indicate that the FMCSA has pushed back and defended its program.

The increase in crashes, however, suggests that current regulations just aren’t working as well as they should. Government regulators and trucking companies both need to consider how to improve safety efforts to try to bring the accident rate back down.

A truck accident lawyer in San Antonio can help collision victims. Call the Herrera Law Firm at 1-800-455-1054 or visit www.herreralaw.com to schedule a free consultation.