It’s either the Cowboys or the Texans.

For those college football fans, Texas has 10 Division 1-A schools, including University of Texas, Texas A&M and Baylor.

Whichever team you are rooting for this year, safety officials urge you to do so responsibly. Organizations like the National Safety Council are reporting more traffic deaths will occur this year than last. Texas, California and Florida lead the nation. Whether tailgating for hours before the game, or joining friends and family at a private party, celebrating responsibly is the key to making it home safely.

San Antonio personal injury lawyers know that about one-third of all fatal accidents involve alcohol — claiming more than 10,000 lives a year, according to the National Highway Traffic Safety Administration. Somewhere in America, a motorist is killed in an accident with a drunk driver every 50 minutes. And the last three months of the year — from the start of football season through the year end holidays — are routinely the most dangerous.

Mothers Against Drunk Driving and the National Football League are joining forces for the third year in a row, urging fans to “play the most important position in the NFL — the Designated Driver.” The campaign will include MADD booths at many NFL games, as well as parking lot signage and other safety efforts. Through MADD’s “Power of You(th)” Facebook page, teens are also urged to take a pledge not to drink before age 21 and to never ride with someone who has been drinking.

In the last decade, the increasing popularity of tailgating before games has increased the risk. One study by the University of Colorado, which examined arrest records on game day in 26 college towns, found a 76 percent increase in alcohol violations and a 13 percent increase in drunk-driving accidents.

Nationwide, the U.S. Department of Transportation reports 10,228 motorists were killed in car accidents involving alcohol in 2012. In Texas, nearly half of all fatal accidents (48 percent) involved a driver who was under the influence of alcohol — accounting for 1,450 of the state’s 2,998 traffic deaths. Only South Carolina, at 51 percent, had a greater percentage of drivers involved in fatal accidents who were under the influence. And Texas recorded the most deaths. No other state reported more than 1,000 deaths involving intoxicated drivers in 2010, the most recent year for which statistics are available.

The Texas Department of Transportation urges motorists who have been drinking to designate a driver, call a cab or spend the night. Those having football parties also have an obligation to be responsible hosts:

-Serve plenty of food and non-alcoholic beverages.

-Having the number of a taxi service or other alternative transportation options available.

-Never serve an underage person alcohol.

-Stop serving alcohol well before the end of the game and offer coffee or other non-alcoholic alternatives.

A conviction on a first-offense charge of driving under the influence can result in up to 6 months in jail, the suspension of your driver’s license for a year and a fine of up to $2,000.

Please root for the home team responsibly — and help make sure that your friends and family members do the same!

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

A San Antonio school bus driver can claim to be the nation’s best.

Michael Castaneda earned second place at an International bus driving competition. The event was won by a Canadian, making Castaneda the top finisher in the United States. He once again starts the school year this month as a bus driver for North East Independent School District here in San Antonio. He’s up at 5 a.m. and averages 100 miles a day. The bus’ seven mirrors help him to see around fenders and tires; making sure children are clear before leaving each stop is critical.

San Antonio personal injury attorneys understand motorists often grow frustrated with the return of the big yellow buses to our roads each year. And the risks for pedestrian accidents and bicycle accident increase, particularly in residential neighborhoods, near bus stops and around schools. But when it comes to school bus accidents, the majority of the risk occurs as students are boarding or deboarding the bus.

The National Highway Traffic Safety Administration reports school bus accidents most often seriously injure or kill young pedestrians. Two-thirds of those are struck by the bus. Nearly half of such victims are 5 to 7 years old.

It’s another reason why the law requires motorists to stop when approaching a school bus displaying red flashing lights. This signals the bus is loading or unloading passengers. Motorists should watch for children crossing the streets around the bus, and for those who may be running to catch the bus. The Texas Department of Public Safety warns motorists of fines of up to $1,000 for a first offense. A six-month suspension of your driver’s license is possible for a repeat offense.

“When a school bus is loading or unloading students, the law requires that drivers stop on most roadways,” said Col. Thomas A. Davis, Jr. “Drivers must slow down, obey school zone speed limits and stop for school buses to ensure the safety of Texas school children.”

Using extra caution around school buses can also keep a motorist out of a traffic accident in San Antonio, where motorists fare particularly poorly when a school bus is involved. The U.S. Department of Transportation reports that most people killed (72 percent) in accidents with school buses are the occupants of passenger vehicles.

“It takes us maybe five times more space to stop than you do,” Castaneda said.

Please do your part as the school year gets under way, and help us keep our children safe as they return to class.

-Parents: Talk to your child about the importance of safety around the school bus, and when traveling through neighborhoods. Make sure they understand pedestrian and bicycle safety measures, know what to do if approached by a stranger, and can tell an adult how to contact you in case of emergency.

-Children: Leave in plenty of time to arrive at the bus stop 5 minutes early. Use crosswalks and sidewalks. Never board the bus until the driver signals you to do so. Never attempt to retrieve an item dropped beneath the bus. Don’t engage in horseplay on the bus or at the bus stop.

-Teen Drivers: Pay extra attention around schools, in school zones and when traveling through residential neighborhoods. Make sure you arrive at school safely. Limit distractions. Understand your chances for an accident increase dramatically with each young passenger in your vehicle. Understand the requirements to stop for a school bus that is loading or unloading passengers, unless separated by a divided highway.

Motorists: Please obey the law and exercise a little patience. Use extra caution around schools, bus stops and in residential neighborhoods, particularly in the early morning and afternoon hours. More than two-thirds of all fatal school bus accidents occur from 7-9 a.m. and 3-5 p.m.

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

Additional Resources

San Antonio can claim nation’s best school bus driver, WOAI.com, Aug. 22, 2012.

When generic drugs first became available in the 1980s, patients everywhere celebrated due to the drastically lower prices. What consumers didn’t know was that, in choosing generic drugs over brand name versions, they were giving up their right to receive damages should they suffer from injuries due to ingesting generic drugs.

According to a recent article in the New York Times, while patients who became ill after taking brand name dangerous drugs can win a malpractice lawsuit, those who take generic drugs cannot. The reason goes back to a Supreme Court decision which stated that, since generic drugs do not have control over what is listed on their labels, they cannot be sued for medical malpractice. Even cases involving drugs that necessitated amputations due to gangrene and major surgeries to address debilitating gastrointestinal problems, the prescription injury victims who were given generic forms of the drug had their cases dismissed.

San Antonio personal injury lawyers at The Herrera Law Firm, Inc. know that some Texas medical malpractice cases involve generic drugs and are working hard to fight for the rights of their dangerous drug lawsuit clients.

In the article, the significant inequity of patients filing medical malpractice lawsuits is evident. “Your pharmacists aren’t telling you, hey, when we fill this with your generic, you are giving up all of your legal remedies,” said Michael Johnson, a lawyer who represented Gladys Mensing, one of the patients who sued generic drug companies in last year’s Supreme Court case, Pliva v. Mensing. “You have a disparate impact between one class of people and another.”

Since almost 80 percent of prescriptions in this country are filled by generic drugs, the Supreme Court ruling could be affecting millions of people. And since most states allow pharmacists to dispense prescriptions with a generic drug rather than brand name, the inability to sue for dangerous drug illnesses very likely impacts millions of people.

It is shocking to note that over 40 judges have dismissed cases against manufacturers of generic drugs since the 2011 Supreme Court ruling. In one instance, dozens of cases were summarily dismissed by one judge who used the Supreme Court’s decision as a reason to dismiss the medical malpractice claims of all those significantly injured people.

What this means is that all of us must be aware when we get a prescription filled generically, that we may be forfeiting all legal recourse if we end up suffering dangerous generic drug injuries.

At The Herrera Law Firm, Inc., we aggressively fight for the rights of our clients who have suffered dangerous drug injuries. If you or a loved one has been injured by a prescription drug, you need a reliable and tough personal injury lawyer in Texas. Call us at 1-800-455-1054 or complete our online contact form to schedule a free consultation.

The Herrera Law Firm, Inc
111 Soledad St. , Suite 1900
San Antonio, TX 78205