Recently, My San Antonio.com published a tragic story about the death of a 38-year-old worker of an oilfield services company. The worker was working at Abilene Pipe in West Texas at the time of the fatal accident, which occurred as he was helping to load tanks onto a trailer.

Our San Antonio injury attorneys know that oilfields are dangerous places where any number of workplace hazards exist. We are saddened that the accident at Abilene Pipe resulted in the loss of a life and we urge employees and oil service companies to try to take steps to reduce the accident risks.

The Tank Accident

According to My San Antonio.com, the 38-year-old worker who was killed was assisting in the process of loading tanks onto a trailer. This is a routine part of the job as the tanks must be loaded for transport.

Unfortunately, a tank being loaded onto the trailer began to roll and it struck the worker. When the tank struck, it caused a serious head injury, which ultimately proved fatal. The young worker was pronounced dead at the accident scene.

Avoiding Tank Accidents and Staying Safe

It is not clear what caused the tanker to roll in this unfortunate incident. However, while the cause of the tank accident has not yet been determined in this tragic situation, it is clear that such accidents should never happen and that there should be safeguards in place to make sure that workers are protected from injuries when loading tanks.

One of the biggest dangers to workers when loading tanks is that the liquid in the tank may become unevenly distributed, causing the tank to become unbalanced. This can lead to a tank rolling over, as it did in this tragic case. It is important that workers loading tanks are aware of this danger and that reasonable precautions are taken to prevent such incidents from occurring.

Employers, ultimately, are the ones responsible for having safe policies and procedures in place for loading tanks. This includes providing a safe loading zone, providing protective gear and equipment to workers as needed, training workers in safe loading, supervising workers, having experts on hand to supervise the loading process and having other policies in place that are designed to reduce the dangers of a tank becoming unstable and rolling.

While employees should also exercise caution, including monitoring the tank closely for signs of unbalance, it is ultimately the employer who has the power to do the most to prevent accidents. This is why employers can be held responsible for paying for the costs of workplace injuries through workers’ compensation claims or under other worker protection laws.

If you’ve been injured in an accident, contact the Herrera Law Firm at 800-455-1054 for a confidential consultation.

Reports from the International Energy Agency indicate that the U.S. is poised to surpass Saudia Arabia in oil production in the next eight years, with hopes of being energy independent within a decade.

Our San Antonio injury lawyers know this is good news overall for the industry and the country. However, it’s inevitably going to mean a spike in accidents as well, particularly if petroleum companies grow without careful regard to implementation of safety procedures.

According to the U.S. Energy Information Administration, crude oil production in the U.S. soared by 14 percent from 2008 to 2011. During that same time, natural gas production increased by 10 percent.

Global energy demand over the next 23 years is expected to balloon by more than a third, with demand for oil in the Middle East, India and China driving about 60 percent of that growth. This will drive up prices, as well as the need for more workers to help domestic companies produce.

The U.S. is unique in this regard in that in comparison to other burgeoning oil-rich countries, such as Singapore, we have a greater crop of experienced workers. Those with chemical and engineering backgrounds are becoming more and more important.

As of right now, many of those wells and platforms are based in the Gulf of Mexico, off the shores of Texas, Louisiana, Mississippi, Alabama and Florida. However, the demand may push some companies to press forward in exploring new frontiers such as Alaska and new offshore zones.

Around the world, there were an estimated 540 offshore oil rigs last year. By the end of this year, we’re expecting that number to grow by more than 50. By the end of next year, we can expect another 30 or so. This is going to mean that over the next year to year-and-a-half, we’re looking at another 11,000 new jobs, with about 185 employees stationed on each rig.

Even the least skilled on these rigs are making between $18 and $20 an hour, making it a job for which people are clamoring.

But skilled labor is tougher to find. The demand may mean that those with lesser experience will be pushed faster up the ranks, increasing the potential for accidents and injuries.

Additionally, some of the most lucrative operations – i.e., deepwater drilling – are also some of the most dangerous.

Still, a report from the Deepwater Horizon Study Group at the University of California, Berkeley, indicates that both deepwater and shallow water projects pose significant risks of blowouts, explosions, spills, fires and worker injury.

During the Congressional hearings held after the Deepwater Horizon spill, oil executives testified they cut cost and consequently safety measures were not up to regulation standards. Even before the explosion and spill, you had workers suffering from burns, head injuries, broken bones and death. Most commonly, these injuries were sustained due to faulty grating, faulty blocks or cables, wet or obstructed walkways or cathead slips.

When these workers suffer an injury, it’s often devastating to the person’s entire family. Seeking compensation for medical bills, lost wages and other damages is critical.

If you’ve been injured in an oil rig accident, you may be entitled to compensation. Contact the Herrera Law Firm at 800-455-1054 for a confidential consultation.

A 31-year-old man believed to have died his first day on the job at a San Antonio brewery was not intoxicated at the time of his death, autopsy reports reveal.

Our San Antonio construction accident attorneys recently reported the man’s passing, which wasn’t confirmed until his decomposing body was found in a smokestack, a week after he was reported missing by family members.

A roofer, the man had been brought to the boiler house site on the morning of Aug. 14 for his first day of work. The 115-year-old structure is being transformed into a restaurant, and he was there to work for a contractor. At some point during the day – it’s not clear exactly when – the undocumented Mexican immigrant vanished. His family members say they tried to file a missing person’s report, but were unsuccessful.

The contracting company states it was not aware that the worker was missing until his body was found at the bottom of the 20-foot shaft, after apparently falling through a vent.

Since then, there is a great deal of speculation about how the victim fell into the shaft. Representatives for the contracting firm said that the vent was properly barricaded, according to regulations set by the Occupational Safety and Health Administration. They say the area was not at all accessible to workers.

But then how did he stumble upon it?

OSHA is investigating, but representatives for the family, who have filed a wrongful death lawsuit, said they doubt whether there was in fact proper barricading.

The San Antonio Express-News reports his  body was only found after the smell of decay led other workers to further investigate.

Representatives for the construction firm had further tried to lay blame on the victim by suggesting that he had been drinking or was otherwise intoxicated at the time of the incident. However, the autopsy report has laid that theory to rest.

The medical examiner’s report indicated the victim had suffered from skull and rib fractures. His cause of death, which was ruled an accident, was the result of blunt-force injuries to the head. His hard hat was found near his body.

Although his blood alcohol content was found to be at 0.0036 percent, the medical examiner reported that this was a byproduct of the body’s natural decomposition process – not at all an indicator of intoxication.

Family members say they are haunted by the fact that their loved one may have died a slow and excruciating death. There was a small door at the base of the smokestack that was reportedly locked from the outside. It appears the worker may have been alive after he fell, because there is evidence he may have taken off his shoes to bang on the door for help.

The man’s brother said he left behind a wife and two children who depended on him to provide.

Attorneys for the construction company are attempting to get out of responsibility by claiming that the worker was supposed to begin work for them that day, but hadn’t actually started.

OSHA’s final report on the matter should be telling.

It’s not uncommon in these cases for companies to try to shift the blame in an effort to avoid paying for their negligence. That’s why you need an attorney with proven experience to defend your interests.

If you’ve been injured in a San Antonio construction accident, contact the Herrera Law Firm at 800-455-1054 for a confidential consultation.

An advocacy group in Midland, Texas, about 5 hours north of San Antonio, is working hard to put the brakes on DUI fatalities in the state by pushing a hike in taxes on beer.

San Antonio DUI accident attorneys understand that the group is working to at least have the issue discussed on the floor of either the state House or Senate.

No formal bill has been drafted, but the group, Stop DUI, says that per capita, Texas residents drink more beer than those in any other state, and lead the nation in DUI crashes.

And they’re right.

The National Highway Traffic Safety Association reports that of the 37,261 DUI fatalities in 2008, 3,382 were in Texas. That accounts for 9 percent of all DUI fatalities in the country. Only California had more, with 3,434 DUI deaths that year.

Of all the crashes in Texas involving DUI last year, the  Texas Department of Transportation reports that Bexar County was among the highest in the state, with 2,016. Only one other county ranked higher, with 2,657 DUI crashes.

Of the 1,039 people killed in Texas DUI crashes last year, 109 were pedestrians, 155 were passengers driven by the DUI driver and 140 were people in other vehicles.

Whether a measure increasing beer taxes would actually curb the number of DUI fatalities in the state remains to be seen. However, given the scope of the problem, it certainly seems worth a shot.

The advocacy group suggests that by raising excise taxes by just five cents, the state could generate roughly $315 million annually in revenue (which gives you an idea of how much Texans like their beer). What they are proposing is a tax increase of 19 cents per gallon (which is what it is now) to 35 cents per gallon – a 16-cent-per-gallon increase. In neighboring states like New Mexico and Oklahoma, it’s 41 and 40 cents, respectively.

Last November, the state reportedly made approximately $8 million on beer and ale excise taxes, according to News West 9. The group estimates that such a tax hike could generate another $4 million per month.

That may be enough to spur legislators to act on the measure, if the benefit to the safety of Texas motorists isn’t.

Still, will people actually drink less if it costs more?

It may depend on how steep the increase. Although previous research has shown that slight fluctuations don’t impact a person’s willingness to buy or consume alcohol, a recent Canadian study reveals differently.

Scientists in British Columbia reviewed data from 1989 through 2010. After factoring in various economic indicators, they found a direct link between the increase in prices and a reduction of alcohol consumption. But the amount mattered.

For every 10 percent increase in the minimum price of an alcoholic drink, they found the consumption fell about 6.8 percent for liquor, 8.9 percent for wine, 13.9 percent for ciders and 1.5 percent for beers. So it’s not an exact correlation, but it can be affected.

Additionally, it’s important to note that this study focused only on alcohol that is legally sold. Alcohol purchased or consumed by minors couldn’t be effectively measured.

Unlike in Canada, the U.S. government does not set a minimum price on alcohol, and it is up to the state to determine taxes on such goods.

Four years ago, legislators in Texas tried to approve a measure that would raise excise taxes on alcohol, along with soda and candy. The bill passed, but by the time it did, alcohol had been dropped from the list.

If you’ve been injured in a San Antonio DUI accident, contact the Herrera Law Firm at 800-455-1054 for a confidential consultation.

Martin Medellin of Huntsville Dies After 18-Wheeler Trailer Falls on Him

A 48-year-old man who was working underneath the trailer of an 18-wheeler on Nov. 27 was killed after the trailer fell and crushed him, according to a report in the San Antonio Express-News.

The man, Martin Medellin of Huntsville, was welding legs to the bottom of the trailer, which was loaded with 40,000 pounds of paper, according to the news report. The trailer crushing accident occurred around 9:30 a.m. at Pro Logis Park, a San Antonio industrial park off AT&T Center Parkway, according to the article.

The trailer fell on the man apparently due to a malfunctioning jack stand holding up the trailer, according to the Express-News. An incident report described how employees attempted to use jacks to rescue the man, but the equipment broke. Eventually, workers used a forklift to raise the trailer and remove the injury victim.

Attempts by paramedics to revive Medellin were unsuccessful, and he was pronounced dead at the scene, according to the news report.

The Express-News reported that Medellin’s relatives were at the scene as police investigated the trailer accident.

As San Antonio trailer accident lawyers, we have seen first-hand how devastating a fatal accident can be on a family. We hope for a full and complete investigation and that any negligent individual or business is held accountable. Our thoughts and prayers go out to the victim’s family and friends.

You may have noticed them on a recent Sunday as they pedaled alongside Loop 1604 – over 400 bicyclists with bright orange shirts, emblazoned with the words, “Can You See Me Now?”

San Antonio bicycle accident attorneys understand the cyclists were raising awareness after one of their own was recently struck by a vehicle from behind and severely injured.

According to the San Antonio Express-News, the 39-year-old mother-of-two and triathlete suffered a serious spinal cord injury when an older woman in a pick-up truck hit her on an Interstate 10 access road last month. She is currently still recovering at University Hospital.

In honor of her, the other cyclists organized a 20-mile ride, which they did through word-of-mouth and through a number of bicycling shops in the area. In addition to raising awareness, the group hoped to raise money to help cover their fellow cyclist’s medical expenses, as she had recently been laid off from her medical sales job and had no health insurance. It was estimated about $40,000 had been raised through the sale of the orange t-shirts, at $20 each.

It’s an extremely touching gesture – but one that many injured cyclists are not on the receiving end of. What’s more, it’s unlikely to cover expenses for the years of recovery she may have ahead of her.

Spinal cord injuries can be fatal. But even when they aren’t, they can result in severe and chronic pain, respiratory complications, bladder complications, bowel dysfunction, heart problems and paralysis. The extent to which the person suffers depends on the type of injury, whether it is complete or incomplete. An incomplete injury means that the ability of the spinal cord to deliver messages to and from the brain remains at least somewhat intact. When the injury is complete, it means the person has lost all sensory and/or motor function below the location of the injury.

Recovery, if possible, is often long, painful and expensive.

When such injuries are due to the negligence of others, at-fault parties must be held accountable.

In this case, the cyclist has already undergone surgery and faces many more months of difficult rehabilitation.

At the time she was struck, the cyclist had been training for her second Ironman triathlon, which includes biking, running and swimming. This was a cyclist who knew what she was doing, and had been carefully following the rules of the road.

The driver of the truck was an 82-year-old woman, who hasn’t been initially cited by law enforcement officials. The crash happened just outside of San Antonio limits, where an ordinance instructs drivers to keep a safe distance when they are passing certain “vulnerable” road users. This includes cyclists. Cars are supposed to stay at least three feet away, while commercial vehicles have to give them at least six feet of space.

It’s unclear what that is going to mean for any potential criminal case, but it certainly appears there may be a strong basis for a civil lawsuit.

San Antonio has a history of such crashes. Just two months ago on West Avenue, a 17-year-old driver struck and killed a 55-year-old bicyclist. It’s estimated that the teen had been driving at speeds of over 60 miles per hour. That case is still under investigation.

Other cyclists who joined the solidarity ride reported having been struck also, or having extremely close calls. One cyclist reported he missed work for two months after being hit by a truck several years ago.

“We need to get the word out about the need for safety,” he was quoted as saying.

If you’ve been injured in a San Antonio bicycling accident, contact the Herrera Law Firm at 800-455-1054 for a confidential consultation.

Texting while driving has become a huge problem nationally, with roughly a quarter of all car accidents last year involving cell phones.

Still, San Antonio car accident lawyers know that the state has yet to issue a uniform ban on the practice.

Some cities, such as San Antonio and Austin, have implemented their own measures. And we know that motorists under the age of 18, bus drivers and anyone in a school crossing zone is prohibited from using handheld cellular devices.

But a new effort is seeking to initiate a more sweeping piece of legislation to help curb the number of texting-related crashes.

The San Antonio News-Express reports that former Texas House Speaker Tom Craddick filed legislation on Nov. 12 that would ban texting while driving in Texas. It’s called HB 63, and it’s Craddick’s second crack at the measure.

Two years ago, legislators were successful in passing a texting while driving ban, but Gov. Rick Perry ultimately vetoed the measure, saying it was an example of government overreaching.

The proposed ban wouldn’t apply to dialing a phone number on a handheld device or using a global positioning satellite. It also wouldn’t apply to voice-operated or hands-free technology.

The measure is intended to introduce common-sense safety by preventing drivers from being allowed to read, write or send texts or e-mails at any point while operating a vehicle, except when the vehicle is stopped.

San Antonio’s texting ban is actually more strict in that it forbids drivers from texting or reading e-mails on handheld devices even when they’re stopped at a traffic light or stop sign.

The bill will be named after Alex Brown, a senior in high school who died in a crash that investigators say was caused by texting.

In 39 other states, as well as the District of Columbia, it is illegal for anyone to text while driving.

At the earliest, the bill would be considered Jan. 8, which is when the new legislative session opens. It’s likely, however, that we wouldn’t get a final decision on it until at least the middle of next year.

Researchers have found that a driver who is texting poses a similar risk to a driver who is intoxicated. A person who is texting while driving is 23 times more likely to crash than someone who isn’t.

It’s a major problem especially for teens, with 34 percent admitting to texting behind the wheel and another 13 percent between the ages of 18 to 20 admitting to texting at the time of a crash. What’s especially troubling is that nearly 8 out of 10 teens think they can safely text while driving.

They have no idea. Teens who text while they drive reportedly spend about 10 percent of their drive time outside of their own lane.

Nearly a third of adults admit to sending or receiving texts while behind the wheel, and nearly half of children between the ages of 12 and 17 say they’ve been in the car with a driver who was texting.

If you’ve been injured in a San Antonio car accident, contact the Herrera Law Firm at 800-455-1054 for a confidential consultation.

It seemed only a matter of time.

Texas Highway 130 has seen its first fatality since increasing the speed limit to 85 miles per hour – the highest in the nation.

Our San Antonio car accident attorneys first told you about the increased speed limit in September, reporting that the 41-mile stretch of toll road between San Antonio and Austin was on the fast track to serious injuries – or worse.

On a recent Sunday afternoon, it unfortunately lived up to expectations.

According to the San Antonio Express-News, a woman from Lockhart was killed on the road, less than a month after the speed limit was raised. The 60-year-old woman was getting on the southbound lanes from U.S. 183 when she was hit by a Chevrolet Tahoe sport utility vehicle driven by a  49-year-old woman heading in the same direction. It occurred around 1:45 p.m., in broad daylight with clear skies.

Officials haven’t yet determined whether speed was a factor or how fast the victim may have been going at the time of the crash. We know that the highway she was entering Texas 130 from, U.S. 183, recently lowered its speed limit from 65 miles per hour to 55 miles per hour – a decision some people have indicated was a strategic move on the part of the Texas Department of Transportation to force people onto the faster toll road.

The TXDOT has said it intends to conduct more studies on the speed limit in the coming months.

Prior to this crash, accidents on the road since the increased speed limit have included crashes with deer and feral hogs, and most of those at night.

However, even if investigators determine that this accident in particular wasn’t related to speed, Deputy Executive Director of the Governors Highway Safety Association, Jonathan Adkins, said it’s only a matter of time before one is. We already know that more than one-third of all traffic fatalities in the U.S. are related to speed.

Although older sections of the highway were constructed and operated by the state, this new portion of the road was built by a private consortium. The state still owns it and collects a portion of the toll revenues, but the private companies collect most of the money and have the right to operate it for the next 50 years.

It was the Texas Transportation Commission that voted to allow vehicles to drive up to 85 miles per hour.

Before 1995, highways in the U.S. were limited to a national speed limit of 65 miles per hour. However, that law was repealed and since then, 34 states – including Texas – have each raised their speed limits to 70 miles per hour or higher on certain portions of road.

In Texas, there are other roads in the Western rural parts of the state were drivers can legally travel as fast as 80 miles per hour. Utah is the only other state with an 80 miles per hour limit.

But by inching that limit up by another 5 miles per hour, we are inevitably asking for trouble.

Drivers who aren’t able to avoid this stretch of road altogether are advised to use extreme caution, remain on alert and drive defensively.

If you’ve been injured in a San Antonio auto accident, contact the Herrera Law Firm at 800-455-1054 for a confidential consultation.

The southbound lanes of I-35 in Lorena were recently reconstructed after a fatal truck accident around 4 a.m. on Nov. 10 resulted in the collapse of a highway  support column.

Based on reports from KCEN-TV, it appears the driver slammed into the support column while crossing the bridge near FM 2837. The driver was one day shy of his 53rd birthday.

Our San Antonio truck accident lawyers don’t yet know the exact cause of this crash, but we want motorists to understand that the influx of drivers gearing up for Thanksgiving holiday travel in Texas presents a very real possibility that we’ll be witnessing more tragedy involving  semi-trucks on our roads.

The Texas Department of Transportation reports there were nearly 315 fatal semi-trailer accidents throughout the state in 2009. Although it’s true that these aren’t nearly as numerous as the car accidents that occur each day, it does break down to about five a week and they are generally much more severe when they do occur. Mainly, this is due to the fact that these machines are massive, with the gross maximum weight allowable on federal interstates at 80,000 pounds. That’s 40 tons.

When you consider that the average passenger vehicle is between 2 and 3 tons, you begin to see why these accidents are so devastating.

It’s estimated that approximately 40 million motorists will hit the roadways this Thanksgiving. Inevitably, there are going to be some semi-truck crashes. In many cases, the causes of semi-truck crashes have to do with the fact that these huge vehicles are either overloaded, or the driver is suffering exhaustion from working long hours or speeding to get where he or she needs to be.

There are some instances in which you may not be able to prevent a semi-truck crash. But here are some things you an do:

Prepare your vehicle for long-distance travel. These means not only getting your oil changed and tires rotated, but also checking things like your wipers and fluids. Have your cooling system and radiator serviced.

Prepare yourself. That means not only having the directions ahead of time so you aren’t consulting GPS in the middle of the highway, but also making sure you have had enough sleep. Take frequent breaks if you need to in order to keep yourself alert and ready.

Don’t cut in front of large trucks. Because these vehicles are so large, they do take longer to stop or slow down. That means you’ll want to avoid quickly cutting in front of them.

Make yourself aware of any changes in weather, particularly if you are traveling northbound for any distance. Colder temperatures may give way to snow or ice, so you must use extreme caution.

Be wary of truck blind spots. Generally, if you can’t see the front mirrors of the truck, the driver is unable to see you. Keep that in mind as you navigate the highways.

Slow down. Just because Texas has some of the highest speed limits in the country doesn’t mean you have to travel that fast.

Wear your seat belt. This may reduce the risk of fatal injury on the highway by as much as 45 percent.

We wish you a wonderful holiday with much for which to be thankful.

If you are injured in a San Antonio semi-truck accident, contact the Herrera Law Firm at 800-455-1054 for a confidential consultation.

The Bureau of Labor Statistics reports a total of 4,609 fatal work accidents occurred nationwide last year.

San Antonio personal injury attorneys understand the importance of seeking experienced legal representation in the wake of a serious work accident. The outcome of such cases can have a direct impact on your financial security for the rest of your life. Knowing your rights is vital to protecting the long-term interests of you and your family.

Texas work accident claimed 433 lives, including 168 transportation-related deaths. Nationwide, transportation accident claimed the most lives on the job, followed by acts of workplace violence. Workers’ compensation insurance is typically carried by an employer to cover lost wages, medical care and death benefits in the wake of a work accident. Generally, employees are entitled to benefits regardless of fault in an accident. However, they are prohibited from suing their employer via a personal injury or wrongful death claim.

However, third-party negligence in Texas work accidents frequently contributes to a serious or fatal on-the-job injury. In such cases, an injured worker or his surviving family members can sue a subcontractor, manufacturer or party other than the victim’s employer. Such is often the case in San Antonio construction accidents, where multiple contractors and subcontractors are working on the same job site.

Not surprisingly, the number of fatal construction accidents has declined since the beginning of the economic downturn. The U.S. Department of Labor reports such accidents have declined 42 percent since 2006 but still account for the second-most fatalities after the transportation and warehousing sector.

Organizations like the National Safety Council continue to push employers to establish cell-phone policies to reduce the risk of distracted driving and the resulting car accidents suffered by employees while on the job.

Workplace violence is another primary area of concern. Seventy employees were killed by workplace violence in Texas last year. While this often involves injury to police officers, correction guards, and hospital staff, it also includes high-profile workplace shootings and violence against overnight retail employees, cab drivers and other members of the workforce.

Employers should have a safety plan and a published evacuation plan. Proper parking lot lighting and surveillance cameras can also help keep employees safe on the job.

The third area of concern for federal safety advocates is the risk of fall accidents on the job. Texas fall accidents killed 67 employees last year. In most industries, workers at a height of six feet or more must be equipped with fall protection and must have the safety training critical to avoiding a fall from heights.

Additionally, the Occupational Safety and Health Administration continues to be concerned about the number of Latino and Hispanic workers who are injured or killed on the job each year. The number of serious and fatal accidents increased among these workers even as the overall number of fatal work accidents declined nationwide. A total of 729 Hispanic or Latino workers were killed on the job last year. In fact, Hispanic and Latino workers now account for about one-third of those killed in construction accidents.

If you’ve been injured in an accident, contact The Herrera Law Firm, Inc., at 800-455-1054 for a confidential consultation.