Dog Attack Lawyer

Monday, December 27, 2021
Owners of dogs have a duty to ensure that their animal does not harm people.  Unfortunately, some dog owners fail to take the steps necessary to train their dog. Even worse, some dog owners know their dog has a propensity for violence, but take no steps to properly restrain the dog.  Although anyone can be at risk for a dog bite attack, the majority of dog bite victims are children. Board Certified Personal Injury attorney Aaron A. Herbert has successfully handled cases protecting the rights of innocent victims of vicious dog bite attacks. If you or your loved one has been injured by a dog, Contact a Fort Worth dog attack lawyer for a free consultation. Common Injuries Resulting from Severe Animal Attacks: Some of the most common injuries associated with animal attacks are as follows:
  • Facial Scarring and disfigurement
  • Nerve damage – paralysis and in severe cases spinal cord injury and paraplegia
  • Eye injuries – K9 trauma sustained to the eye
  • Severe infections including rabies, pasteurella and hepatitis
  • Amputation of the limbs fingers and nose
  • Brain injury due to trauma sustained to the head
  • Broken bones and knee ligament injuries from falling down due to an attack
  • Emotional trauma – individual victims frequently experience bouts of sustained port traumatic stress (PTSD), depression, and anxiety
Compensation Available for Victims:  Victims of serious injuries inflicted by the negligent or intentional acts of others are entitled to full and just financial recovery. The settlement amount in a personal injury case including dog bite claims is based on several factors including
  • The severity of the injuries suffered.
  • The permanence of injuries – requiring future medical costs, rehabilitation expenses and revision surgeries for permanent scarring and disfigurement.
  • Level of pain and suffering – in the state of Texas victims injury are entitled to compensation for the emotional trauma suffered as a result of their injuries.
  • Lost time at work – resulting in lost wages and or loss of future income due to permanent injuries or disabilities
  • Punitive damage – Punitive damages can be awarded in instances where the individual responsible for the K9 acted with either an intent to cause harm to acts in reckless disregard for the health and safety to others.
DOG BITE LIABILITY – HOMEOWNERS POLICY: According to recent reports dog bites account for one on three claims filed against homeowners insurances amounting to over $500 million in compensation paid by insurance companies to victims. As a result of mounting claims many insurances carriers have created carve out exceptions for specific breeds; in particular those with a high propensity of attacking individuals. Examples of breed specific carve outs include Pit-bulls, Rottweilers, and Doberman. In some instances insurance companies have been known to create carve out expectations for all breeds. Despite the recent trend to carve out such claims the vast majority of homeowners insurance policies still cover dog bite claims against innocent homeowners. STATUTE OF LIMITATIONS FOR FILING CIVIL INJURY LAWSUIT IN THE STATE OF TEXAS: Generally victims if serious injuries including dog bites have two years from the date of the injury to file a claim in Texas. Minors, individuals under the age of 18 have two years from the date of their 18th birthday to file a personal injury claim. Failure to file a claim in a timely manner may extinguish a victims right to compensation under the law. If you or a loved one has been involved in a dog attack in San Antonio or other Texas city,  Board Certified Attorney Aaron A. Herbert can help. Attorney Aaron A. Herbert has helped dog bite victims hold negligent parties accountable for recklessness or wrongdoing. Please do not wait to contact us if you or someone you care about has been involved in an animal attack. There is a specific amount of time in which you can take legal action and you do not want to forfeit your rights by waiting too long to speak with a lawyer. Contact Us today for a free, confidential consultation.
Posted by Aaron Herbert at 1:33 am

Who Is Liable for Taxi Cab Accidents?

Wednesday, December 22, 2021

If taking a taxi cab through Dallas, Texas ends in a car accident, you may not know where to turn for financial reimbursement for your medical bills. Unlike a typical car accident claim, you will have more than just the driver of the vehicle to contend with. You may also have the right to file a claim against the taxi company or other parties. Find out who is liable for your taxi cab accidents to better understand your legal rights.

Texas Is a Fault State

Determining liability, or financial responsibility, for an automobile accident starts with understanding the insurance law in your state. Texas, like most states, uses a tort-based insurance law. This means that the party responsible for paying for an auto accident is the one most at fault for causing the wreck.
In a no-fault state, on the other hand, all drivers seek reimbursement from their own insurance providers, regardless of who caused the crash. Texas’s fault law means that you have the right to seek compensation from someone else’s insurance provider rather than your own. However, you or your attorney will need to prove fault using clear and convincing evidence to obtain compensation.

Who Is Responsible When a Taxi Cab Crashes?

A taxi cab accident is unique in that it involves more than just the driver of the cab. It also involves the taxi company. In the taxi industry, drivers are typically classified as employees. This means that the taxi cab company accepts responsibility (vicarious liability) for its drivers and the car accidents that they cause, in most cases.
An investigation will be necessary to determine who or what caused your taxi cab accident. If a taxi driver caused your crash, such as by distracted driving, speeding or violating a traffic law, you can most likely hold the taxi company liable. You may also be able to file a claim against the taxi company if its own mistake caused or contributed to the crash. For example, if the taxi company failed to properly background-check a driver, train a driver or maintain its vehicles and this caused the accident, the company is directly responsible.
If an investigation finds that someone outside of the taxi cab is responsible for causing the crash, you may be able to file a claim against that third party. If another driver broke a roadway rule and crashed into your cab while you were riding as a passenger, for example, you may be able to bring a claim with that driver’s auto insurance policy. Other potentially liable parties include an auto part manufacturer and the city or state government, depending on the circumstances.

How to Prove Fault for a Taxi Cab Accident

During an insurance claim or personal injury lawsuit for a taxi cab accident, the burden of proof rests with you – the injured victim. It is your responsibility to prove that what you are claiming is more likely to be true than not true. You or your car accident lawyer will need to collect and present evidence that shows that the defendant committed a careless act or omission, and that this was the direct cause of your taxi cab accident. You can help support your case by taking the following steps:

  • Make sure someone calls the police from the scene of the accident.
  • Speak to eyewitnesses and collect their information.
  • Document the crash by taking photographs and videos at the scene.
  • Go to a hospital immediately for medical care.
  • Write down the name of the taxi company, the taxi number, the license plate number and the taxi driver’s name.

When it comes to time to file an insurance claim, a police report, photographs, copies of your medical bills and eyewitness statements can all serve as evidence to support your case and prove your losses. If you need assistance gathering evidence or fighting for maximum financial compensation for a taxi cab accident in Texas, contact an attorney.

Posted by Aaron Herbert at 1:21 pm

Do Insurance Companies Pay for Rental Cars?

Monday, December 20, 2021

If you get into an accident, your car may be out of service for a few days, weeks or even longer while it’s being repaired – but you will still need to get to work, doctor’s appointments, school and other places in the meantime. If you choose to rent a car, find out if and when an insurance company will pay for the rental or reimburse you for this expense in Texas.

When Does Insurance Cover a Rental Car?

First, you will need to determine which insurance company you are using for financial benefits after an automobile accident. Texas uses a fault law, meaning you will file a claim with the insurance company of the driver who caused the crash after an investigation determines fault. If you caused the crash, you will turn to your own policy for coverage. In Texas, if you only have the minimum required amounts of car insurance, it may not pay for your rental car. The required types of insurance in Texas only pay for the other driver’s expenses, not your own. Call your insurer to find out if you purchased rental car coverage.
If the other driver caused your crash, your rental car costs will most likely be covered. Rental car coverage is included in property damage liability insurance, as this pays for all of a victim’s expenses connected to an accident. The other driver’s liability coverage will pay for your travel costs and the price of renting a car while you wait for yours to get out of the shop. If the other driver is uninsured or underinsured, however, you may have no choice but to use your own insurance or try to hold a third party responsible for your rental car costs.

How to Get Your Rental Car Costs Paid

If you get into a car accident, collect as much evidence as possible. Search for evidence to prove that the other driver is at fault and proof of your losses. Take photographs while you are still at the scene of the car accident. Write a detailed description of what happened, what direction you were traveling, how fast you were going, what the weather was like and any other pertinent details. Call the police to report the accident immediately and tell the officer your side of the story.
Further along in the recovery process, you will need to provide evidence documenting your losses to the insurance company that is receiving your claim. If you had to rent a car after your car accident and used your own money, submit the receipt for the rental car with your insurance claim. If the insurance company accepts the claim, it will reimburse you for the price of the rental. The car that you choose must be similar or equivalent to the car that was damaged, however; an insurance company will not pay for a sports car rental, for example, if the damaged car is an economy vehicle.
In other cases, the insurance company handling your claim will contact you and tell you to rent a car from a specific provider and pay for it ahead of time. Many car insurance companies partner with rental car companies for this purpose. In this scenario, the insurance company would arrange for you to pick up a rental car that it has already paid for. The insurer will work directly with the rental car company to pay for your rental rather than you paying upfront and getting reimbursed later.

Get Help From an Attorney

Getting all of your expenses paid after a car accident in Texas can be difficult as a crash victim. You may have to deal with bad-faith insurance tactics meant to take advantage of you. If you need assistance collecting financial compensation to pay for a rental car in Dallas, contact a car accident attorney. A lawyer can take over negotiations with an insurance company for you in the pursuit of fair and full reimbursement.

Posted by Aaron Herbert at 3:10 pm

What to Say to an Insurance Claims Adjuster After an Accident

Friday, December 17, 2021

It is normal to feel confused, stressed or overwhelmed after a car accident. It is critical, however, to realize that what you say after a crash can make a major difference to your claim. Saying the wrong thing to an insurance company can significantly decrease or even eliminate the financial compensation that you are offered for your medical bills and property repairs. Learn what to say and what not to say to an insurance claims adjuster to protect your rights.

What Are Insurance Claims Adjusters? What Are Their Goals?

An insurance claims adjuster is a person assigned to assess a claim by an insurance company. This person might work for the insurance company or have been hired from a third-party company. The claims adjuster is not on your side. The adjuster has been hired to try to save the insurance company money by minimizing client payouts. This is important to know when dealing with the claims adjuster or other representatives from the insurance company – they do not have your best interests in mind.

What to Say When Speaking to a Claims Adjuster After a Car Accident

You may receive a phone call from an insurance claims adjuster the day of or day after your car accident. Insurance adjusters often try to contact victims early, before they fully understand what happened and how the crash will impact them in the future (e.g., the severity of their injuries and the cost of necessary medical care). This is a tactic often used to get the claimant to say something early on that could hurt his or her ability to recover compensation.
Use the following tips when talking to a claims adjuster:

  • Prepare ahead of time by collecting copies of your police report and writing down everything you can remember about the accident.
  • Ask for the adjuster’s name, phone number and the name of the insurance company at the beginning of your conversation.
  • Proceed with caution. Give short and simple responses.
  • Only answers the questions asked; do not offer any additional information.
  • Stick to the truth. Do not embellish or speculate.
  • If you think saying something might incriminate you, don’t say it.
  • If you don’t know the answer to a question, don’t guess – simply say you don’t know.
  • If you don’t wish to answer a question, say this. You are not obligated to tell the adjuster anything that you don’t want to.
  • Mention that you plan on hiring an attorney.

Record your conversation with the adjuster or take notes immediately afterward. If you don’t feel comfortable talking to the insurance claims adjuster on your own or don’t want to deal with the stress of these conversations after a car accident, hire a car accident lawyer to do so for you. Having a lawyer represent you during negotiations with an insurance company can guarantee that your rights are protected.

What Not to Say to an Adjuster

The adjuster will most likely be friendly and polite during your conversation – a tactic to get you to trust them. Be polite, but firm. Always put yourself and your legal rights first. Never say any of the following things, as it could hurt your right to recover compensation:

  • “The car accident was my fault,” or, “I’m sorry.”
  • “I think I’m partially to blame.”
  • “I wasn’t wearing a seat belt.”
  • “I feel fine,” or, “I’m doing well.”
  • “I don’t think I have any injuries.”
  • “Yes, you can record me,” or, “Yes, I’ll give a recorded statement.”
  • “You have my permission to access my medical records.”

It is also important not to accept the very first settlement offer. There is a high likelihood that the offer is less than you deserve. Instead, hire a personal injury attorney to help you negotiate a fair settlement with the insurance provider on your behalf. An attorney can help you with every stage of the insurance claims process, from beginning to end.

Posted by Aaron Herbert at 11:18 am

Do You Have to Report a Car Accident in Texas?

Wednesday, December 15, 2021

A lot may be going through your mind after a car accident. It can be easy to forget what you are required to do by law, such as reporting the accident to the police, in some cases. Although you do not need to report every car accident in Texas, you are legally obligated to report serious collisions. Learn the law so that you know when to call 911 after a crash.

Reporting Requirements in Texas

It can be important to report any car accident in Texas, even if it is minor. The police report can serve as an important piece of evidence. In Texas, however, you are only legally required to report a car accident if it is serious enough to meet the state’s threshold. This threshold is:

  • Property damage valued at least $1,000 to any one vehicle.
  • Any physical injuries.
  • One or more fatalities.

If your car accident is serious enough, you must call 911 as soon as possible – typically from the scene of the car accident using a cell phone. Tell the police that a car accident has taken place and report any injuries, if applicable. Although state law in Texas no longer makes reporting a crash to the Texas Department of Transportation a requirement, you should still fill out the CR-2 Crash Report for your own records.

What Happens if You Don’t Report Your Accident?

Failing to report a car accident when the law requires you to could result in legal penalties or even an arrest for an alleged hit-and-run. The typical penalties are a fine of up to $5,000 and/or jail time. You may face pressure from the other driver involved in your car accident not to involve the police – especially if the other driver knows that he or she caused the crash. Do not give in to this pressure, even if the driver offers to pay you directly for your medical bills and vehicle repairs.

What Will the Police Officer Do?

Some drivers wish to avoid reporting a car accident to the police for fear of facing penalties, tickets or fines connected to the collision. While it is true that an officer may ticket a driver who violated a traffic law – such as driving recklessly or running a red light – it is still important to tell the police. Even if you were partially at fault for the crash, you may still be eligible for some financial compensation from the other driver.
Obtaining a police report can go a long way toward strengthening your insurance claim. The reporting police officer will take notes about the accident. Later, back at the police station, the officer will fill out the Peace Officer’s Crash Report (CR-3). The police report will contain important facts and information about the crash, such as the name of the other driver, a description of his or her vehicle, license plate numbers, and the date and location of the crash. It may also contain the officer’s opinion of who caused the crash.
About 10 days after your crash, you should be able to request a copy of the police report to use during the insurance process. While still at the scene of your car accident, ask the police officer for your report number. Use this number and your personal information to request a copy of the report. Do so by calling the police station in the county where your crash took place. You may have to pay a small fee for the copy.
For assistance using your police report as part of a car accident lawsuit in Texas, contact a car accident attorney in Texas. A lawyer can help you get a copy of your report and collect other evidence to support a car accident claim. Then, your lawyer can protect your rights and take steps to collect maximum financial compensation on your behalf.

Posted by mockingbird at 3:13 pm

The Most Common Causes of Motorcycle Accidents

Tuesday, December 14, 2021
Motorcycles are much more than a means of conveyance for many Americans. Motorcycling is a hobby enjoyed all over the country, and while it can be extremely fun to feel the wind as you ride, riders must be aware of the inherent dangers of riding motorcycles. Unlike typical passenger vehicles, motorcycles afford their riders with very little protection from impacts and other external forces. Motorcycle riders must use extra caution on the road and keep a few best practices in mind. Motorcycle accidents happen for a variety of reasons, but one of the main contributing factors to any type of accident is the size of most motorcycles. They are smaller and narrower than other vehicles and can easily slip through other driver’s blind spots. About 56% of all motorcycle accident deaths result from motorcycles colliding with larger vehicles, and this can occur in countless possible scenarios. However, some situations are far more dangerous than others. Consider the following tips and scenarios for staying safe while riding your motorcycle.

Head-On Collisions

One of the most fatal types of accidents is when a motorcyclist hits another vehicle head-on. Most head-on collisions involving motorcycles and larger vehicles happen when the car strikes the motorcycle from the front. These crashes are usually fatal for the motorcyclist.

Left-Turning Cars

Statistically, the most dangerous situations for motorcycles on the road are when larger vehicles make left-hand turns. Cars turning left typically strike motorcyclists when the motorcycle is continuing straight through the intersection as the car turns or when the motorcyclist attempts to pass or overtake a left-turning car. These situations are also dangerous for other cars, but motorcycles are especially vulnerable due to their smaller size and because they are less visible.

Lane Splitting

Some motorcyclists engage in a practice called lane splitting – when a motorcyclist maneuvers between two lanes of slower or stopped traffic. Some states do not have any laws barring the practice, so if a lane splitting accident occurs, the state’s laws will come into play in a subsequent lawsuit. Lane splitting is NOT legal in the state of Texas.

Road Hazards

Motorcycles typically have high acceleration and a fair range of maneuverability, but they can’t always react fast enough to avoid serious hazards on the road. Additionally, while a car may be able to run over a piece of road debris and barely feel the bump, the same piece of debris could spell doom for a motorcyclist. Motorcyclists must stay focused on the road ahead and give themselves an appropriate window to maneuver.

The Need for Speed

Motorcycles, especially sport and high-performance bikes, may inherently tempt their owners to push them to their limits and drive at excessive speeds. Some super-sport class motorcycles can easily reach speeds of 160 mph or more. The fatality rate for motorcycle accidents involving high-performance bikes is about four times the rate of conventional motorcycles. Owners of such bikes should use caution and obey the rules of the road.

Riding Under the Influence

Just like any other vehicle, operating a motorcycle under the influence of alcohol or other drugs is incredibly dangerous and irresponsible. Alcohol is a factor in about half of all motorcycle accidents involving a single bike.

Helmet Laws

Finally, one of the best things any motorcyclist can do to stay safer on the road is to wear a Department of Transportation-approved helmet. While some states do not have helmet laws in place, it’s important to consider that helmets reduce the likelihood of death or traumatic brain injury in an accident. Even if you are an inexperienced rider living in a state without helmet laws, opting to wear one might save your life. Motorcycle accidents lead to various serious or life-threatening injuries. Injured motorcycles should know their rights and their options for legal action should another driver cause an accident. If you suffer injuries and damages from a motorcycle accident, reach out to a reputable personal injury lawyer to discuss your options.
Posted by Aaron Herbert at 5:03 pm

What to Do After a Car Accident in San Antonio Texas

Tuesday, December 7, 2021

The Odds are you will be involved in a collision.

The odds are driving in the San Antonio areayou will be involved in a car accident at some point in your life. In the state of Texas every year approximately 3,000 people are killed and 80,000 people injured in motor vehicle collisions. Whether you are involved in a relatively minor fender-bender or a serious collision, the crash will likely have a serious impact on your life and the life of your loved ones from that moment on. If your asking yourself what to do after a car accident in San Antonio Texas, the information below can mean the difference between a fair and just recover, or no recover at all.

What you do after the crash is very important.

When you have been involved in a car accident, you need to protect both your physical health and your legal rights and options with regard to the accident. If you have been injured in a car accident in Texas you are likely entitled to compensation for your injuries if another party was at fault in the accident. Board Certified Personal Injury Attorney Aaron A. Herbert has been helping car accident victims and their families in the San Antonio area and surrounding communities for over a decade.

Steps to Take After a Texas Car Accident

In an effort to ensure that car accident victims do not make an important mistake after an accident, we suggest taking the following steps immediately  after being involved in a collision:
  • Call 911: Even if you think you were not injured and the damage was minimal, call the police. If for no other reason, you should call the police so that an official accident report is filed.
  • Do not admit fault: Never admit to anyone at the scene of the accident that you were at fault, even if you think you were. This includes the other drivers, the police or even a bystander. In the initial aftermath, you are likely not aware of all of the factors that played into the accident.
  • Driver Information: If you are able, get contact information for the other drivers. Ask for a name, address and telephone number. Also ask to see a driver’s license and insurance card. Be sure to take down the license plate number of the vehicles as well.
  • Get witness information: If you are capable of doing so, get contact information for any witnesses to the accident. It can be very difficult to track down bystanders later if there is no contact information, and independent eyewitness testimony can be crucial.
  • Gather physical evidence: If there is any physical evidence that might have been the cause of the accident, try and gather it while you are there. For example, if a blown tire in the roadway caused you to swerve, point it out to the authorities or pick it up and take it with you if you are able.
  • Take pictures: Carrying a camera in your vehicle is always a good idea, although not always practical. Cell phones will usually do for taking photos of the scene if you are able to do so. Along with photos of the vehicles, take pictures of the surrounding area and any physical evidence that you are not able to pick up and take with you.
  • Remove your belongings: Remember to remove your personal belongings from your vehicle if it is towed from the scene. Ask a paramedic to remove them if you are not able to do so yourself.
  • Go to the hospital: Always accept the offer to be transported to the hospital. A car accident can cause serious internal injuries that you may not realize and that can only be identified by a physician. Along with protecting your own health, having a medical examination done immediately after the accident also helps from a legal standpoint. Your attorney will have to prove that any injuries you sustained were a result of the accident. The longer you wait to seek medical treatment, the harder it is to prove that your injuries were sustained in the crash.
  • Get follow-up care: Make sure to follow-up with any recommendations made as a result of your medical examination. Again, this protects both your health and your chances of receiving compensation for your injuries.
  • Summarize the accident: Shortly after the accident, sit down and write out a brief summary of the accident so that key details are not forgotten. When you are able to, return to the scene of the accident and take additional pictures or ask nearby neighbors or businesses if they witnessed the accident.
  • Report accident to your insurance company: Call your insurance company and report the accident as soon as possible. Not doing so could jeopardize your right to coverage. However, do not give a written or recorded statement, even to your own insurance company, without talking to a car accident lawyer in San Antonio first.
  • Do not give a statement: Once you have legal representation, the defendant’s insurance company will have to communicate with your attorney. Before that time, make sure that you do not give a statement of any kind to the other driver’s insurance company or to anyone else.
  • Start a recovery journal: A car accident often results in injuries that are more subjective in nature, such as pain and suffering. In order to make a stronger case for compensating these injuries, you should begin a recovery journal. Make a note each day after the accident about the pain you are in, your inability to work and the emotional impact the accident had on you that day. This can be an invaluable tool when it comes time to negotiate a settlement or when your case is presented to a jury.
  • Get Repair estimates: Obtain at least three estimates for any repairs that will need to be done to your vehicle as a result of the accident. Make sure to get a written copy of each estimate.
  • Contact an attorney: Obtain legal representation as soon as possible after the accident. Important evidence and witnesses could be lost if you wait too long to obtain representation. In addition, your attorney will handle all communications with the defendant and any insurance companies involved in the accident. If you or a loved one has been in a car crash caused by another driver, our Texas car accident attorneys can help you recover the compensation you deserve. We hold careless drivers – and their insurance companies – accountable. To learn more, call us toll free at (210) 435-7968 or click HERE to use our online form. We can provide a free case evaluation and answer your questions. There is absolutely no fee unless we recover for you.
Posted by Aaron Herbert at 5:42 am

Truck Driver Fatigue Accident Attorney in Dallas

Thursday, December 2, 2021

One of the most common hazards associated with operating a big rig is falling asleep behind the wheel. Truck drivers are faced with unique driving conditions compared to the average driver, including overnight trips and long hours alone on the road. This can increase the risk of truck driver drowsiness, fatigue and burnout, as well as related truck accidents.

If you or a loved one has been involved in a truck accident in Dallas that you believe was caused by a fatigued truck driver, please contact The Law Firm of Aaron A. Herbert, P.C. to request a free consultation. We can help you hold the trucker or trucking company accountable.

Why Choose Us?

  • We are trial lawyers who are always willing and prepared to go to court on behalf of our clients rather than settling for an inadequate amount of compensation.
  • Our attorneys provide tailored services for their clients, taking the time to get to know them and choose the best approach for each individual situation.
  • Our truck accident attorneys in Dallas offer free consultations, during which we will discuss your truck accident in more detail, answer your questions and give you legal advice.

What Are the FMCSA’s Hours-of-Service Regulations?

The Federal Motor Carrier Safety Administration, or FMCSA, is the entity in charge of regulating the commercial trucking industry in the United States. In an attempt to mitigate the risks posed by truck driver drowsiness and fatigue, the FMCSA enforces hours-of-service restrictions. These rules dictate how long a truck driver can lawfully drive without taking a rest or meal break. In general, no truck driver can drive past 11 hours after 10 consecutive hours off-duty or 14 consecutive hours after coming on duty.

Why Does Truck Driver Fatigue Happen?

Despite having laws in place to try to prevent truck driver fatigue, many truck accidents take place every year that involve tired truck drivers. This is because there are elements unique to the trucking industry that are conducive to sleep deprivation, exhaustion, stress and burnout. Many risk factors inherent to long-haul trucking increase the risk of truck driver fatigue, including:

  • Sleep apnea and other health conditions that interrupt sleep
  • Reversed sleep schedules and overnight drives
  • Having to sleep at strange times and locations
  • Broken hours-of-service regulations
  • Extended hours driving alone
  • Energy crashes from caffeine or sugar
  • Physical or mental exertion at work
  • Unreasonable expectations or pressure from employers.

Sleep apnea is one of the main problems behind truck driver fatigue. This is a condition that can interrupt a good night’s sleep, making a truck driver more tired during waking hours. According to the FMCSA, truck drivers are susceptible to sleep apnea due to risk factors such as being overweight or obese, unhealthy diet, lack of exercise, strange sleep patterns, and smoking.

Signs of a Drowsy Truck Driver

As you navigate the roads in Dallas, always keep an eye out for negligent drivers – especially behind the wheel of a dangerous big rig. You may be near a drowsy truck driver if you notice the truck doing any of the following:

  • Weaving in and out of multiple lanes
  • Making unsafe lane changes
  • Swerving
  • Crossing a highway to make an exit
  • Drifting out of a lane or hitting the rumble strip
  • Driving erratically
  • Stopping and starting
  • Slamming on the brakes
  • Speeding
  • Running a red light or stop sign

Keep a safe distance from the truck if any of these signs are present. Call 911 to report a potential drowsy or intoxicated truck driver. If you can, make note of the trucking company name and truck number so that you can report the driver to the company, as well.

Injured in a Trucking Accident by a Drowsy Driver? Contact Aaron A. Herbert

If you or a loved one has been injured due to truck driver fatigue or burnout, don’t hesitate to contact The Law Firm of Aaron A. Herbert, P.C. for a free consultation. We know how to go up against trucking companies and truck drivers in pursuit of financial compensation for our clients. Call (214) 609-1140 today to get assistance from one of our attorneys.

Posted by Aaron Herbert at 1:33 pm

Truck Accidents Caused by Inadequate Truck Maintenance

Thursday, December 2, 2021

A commercial truck is only as safe as the parts and components that allow it to run. If any part or piece of equipment falls into a state of disrepair, this can compromise the overall safety of the big rig and ultimately cause deadly truck accidents. If you believe that a part breakdown related to inadequate equipment maintenance or inspections caused your truck accident in Dallas, Texas, contact us for a free consultation. You may be entitled to financial compensation for your losses. We can help you determine if you have a legal claim.

Why You Should Hire a Truck Accident Attorney in Dallas

Truck accident cases are known to be difficult and confusing for injured victims. It is not easy to go up against a large and powerful trucking company or its insurance representative on your own. Hiring a lawyer, however, can allow you to build a stronger claim and go up against any party in pursuit of justice and fair financial compensation. Your lawyer can investigate your truck accident, search for evidence of inadequate equipment maintenance and negotiate for maximum compensation on your behalf. An attorney will skillfully handle your legal claim while you focus on healing.

What Are the Legal Truck Inspection, Maintenance and Repair Requirements?

According to the Federal Motor Carrier Safety Administration’s Unsafe Operations Law, Section 396.7, it is against the law for the owner of a commercial motor vehicle to allow it to fall into a state of disrepair or a condition that will likely cause an accident or a breakdown of the vehicle. The law states that all motor carriers must regularly inspect, repair and maintain all motor vehicles subject to their control. They must ensure that all equipment, parts and accessories are in proper working order at all times. Any action or failure to act that falls short of this legal obligation can be viewed as negligence in a personal injury claim.

Evidence Used in Inadequate Equipment Maintenance/Inspection Cases

If you believe that a trucking company or owner/operator was negligent in fulfilling the required truck equipment regulations, and that this is what caused your Dallas truck accident, you may be eligible for financial compensation. It is up to you or your truck accident lawyer to prove that what you are claiming is more likely to be true than not true. This is called a preponderance of the evidence, and it is the burden of proof in a personal injury or wrongful death case in Texas.

Your lawyer may be able to use evidence such as the following to support your injury claim:

  • Photographs of the broken or defective part
  • Truck and fleet vehicle inspection records
  • Truck driver’s daily inspection logs
  • The truck’s black box or data recorders
  • The trucking company’s maintenance and repair records
  • Recommendations and diagnoses by truck mechanics
  • The company’s history of truck breakdowns and accidents
  • The police accident report and eyewitness statements

The negligent failure to properly inspect, maintain and repair truck equipment can create significant crash hazards. Common examples include worn-out tires and tire blowouts, brake failure, steering issues, electrical problems, missing reflectors or underride guards, and engine failure. If the owner of a truck reasonably should have done more to maintain and inspect its equipment, that party may be financially responsible (liable) for your related accident and injuries in Texas.

Contact a Dallas Inadequate Maintenance/Inspection of Equipment Lawyer

If you were injured or a loved one was killed in a truck accident involving the inadequate maintenance or inspection of equipment, contact The Law Firm of Aaron A. Herbert, P.C. to arrange a free case evaluation. If you have grounds for a lawsuit or insurance claim, we can help you fill out and file the necessary paperwork to pursue maximum financial compensation. We will be here for you and your family throughout the recovery process. Call (214) 609-1140 or contact us online to reach our Dallas law office.

Posted by Aaron Herbert at 11:21 am

Does Texas Have a Sick Leave Law?

Wednesday, December 1, 2021

No one plans on an illness that forces him or her out of work or into the hospital. In light of the COVID-19/coronavirus pandemic, it is clearer than ever how greatly an illness can impact a worker’s life. One of the most common questions for people who contract serious illnesses is whether they will be able to take sick leave at work, with or without pay, without losing their jobs. Unlike some states, Texas does not have a sick leave law. Unless federal sick leave laws apply, therefore, an employer could deny sick leave requests.

texas sick leave law

What Is the New Sick Day Law?

Texas does not have a state law making it mandatory for private sector employers to provide paid or unpaid sick leave. Public sector employers, however, must give their employees sick leave at the rate of eight hours per one month of employment for full-time employees. Sick leave will start to accrue the first day of employment. An eligible employee can take this leave for an illness, injury, pregnancy or to care for an immediate family member with an illness. The employee will need a doctor’s note to take three or more days of sick leave.

In March 2020, President Trump signed a law that expanded sick leave in the US to certain eligible people. The bill gives up to 12 weeks of paid family leave to parents who have to care for children due to childcare facility shutdowns connected to the coronavirus. It grants up to 12 weeks at 67% of the recipient’s average salary up to $200 per day. It can also provide up to two weeks of 100% pay reimbursement up to $511 per day. Some employers with under 50 employees are exempt from having to pay. Self-employed workers may receive these benefits in the form of a tax credit.

 Can an Employer Deny Sick Days?

An employer in Texas in the private sector can deny sick days if the terms of federal sick leave laws do not apply. No state law requires employers to give their workers sick days. If an employer decides on its own to provide paid or unpaid sick leave, however, it must fulfill the terms of its policy. It is illegal for an employer to deny sick days after granting them to an employee via an employment contract, for example. Employees should carefully review their employment contracts and workplace policies before requesting sick days in Texas.

Employers in Texas must also abide by all relevant federal sick leave laws. The Family and Medical Leave Act (FMLA), for instance, gives some workers unpaid sick leave for medical and family-related matters without fear of job loss. Employers in Texas must grant eligible employees up to 12 workweeks of leave per year for covered events, such as the birth of a child, the placement of a child via foster care or adoption, or a serious health condition. An employer in Texas cannot breach a federal sick leave law by denying sick days to eligible employees.

 Is PTO the Same As Sick Days?

In general, paid time off (PTO) is not the same as sick days. PTO is a package an employer can choose to give employees that bundles together different types of leave, including vacation time, personal leave, and sick days. Sick days, on the other hand, refer to just one type of leave at a company.

 Can You Be Fired for Being Sick in Texas?

The answer to this depends on your status as a worker, whether you work in the private or public sector, and whether the sick leave requested falls under a federal leave law. If your employer legally has to abide by the terms of federal law such as the FMLA, you are an eligible employee and you request the leave for a valid reason, your employer cannot fire you for taking this leave. If, however, no state or federal sick leave laws apply to your employer or your situation and your boss does not have a separate sick leave law, he or she may have the right to terminate your employment for taking sick leave in Texas.

Posted by Aaron Herbert at 3:19 pm