Our Legal Blog - The Zimmerman Law Firm, P.C.

Aug 26, 2020 | By The Zimmerman Law Firm, P.C. | Read Time: 2 minutes | Car Accidents

What causes a person’s blood alcohol level to increase?

When you read a media report about a drunk driving crash, it generally mentions what the negligent motorist’s blood alcohol content (BAC) was when it occurred. Stories that make it on the news are often the ones in which a motorist had a BAC two or more times Texas’ legal limit of .08%. What you may be unaware of are the many factors that can affect your BAC. A bartender generally pours five ounces of wine when they serve you. A regular bottle or can of beer is generally 12 ounces. A shot of tequila, vodka or another liquor is generally 1.5 ounces. While these are standard sizes of most products that you purchase at the store or the bar, there are exceptions to the rule. The alcohol content that different drinks have can vary as well. How much and what you drink can impact how long it takes your body to metabolize it. This may result in you not feeling the full effects of what you’ve consumed until your fully intoxicated. Mixing alcoholic beverages is a bad idea. It can leave you feeling more intoxicated than you otherwise would have felt had you only had a single type of drink instead. Individuals who mix liquor with sweet beverages such as sodas may forget the fact that they’re consuming alcohol. By the time it absorbs into their bloodstream, they may find themselves overly intoxicated. Even if individuals drink exactly the same thing, their bodies may process what they consume completely differently. Females and males tend to metabolize alcoholic beverages at two distinct speeds. A person’s weight can affect how quickly they can process drinks too. Individuals who are new to drinking may not have built up as much of a tolerance for alcohol as more seasoned drinkers have. Although Texas’ legal limit is .08 %, the American Association for the Advancement of Science argues that individuals can face significant impairments with a BAC of as little as .05 %. Motorists may have difficulty steering their vehicle, processing information and reacting quickly. This may make them more vulnerable to crashing into others. Motorists in Waco who’ve been struck by drunk drivers should consult with an attorney. They can aid them in recovering the compensation necessary to cover medical bills, lost wages or funeral costs.

Aug 26, 2020 | By The Zimmerman Law Firm, P.C. | Read Time: 2 minutes | Premises Liability

Can you sue if you’re injured at a public pool in Waco?

Summer doesn’t start for more than a month, but it’s already hot enough here in Waco that many assume that it’s already begun. With school going on break for the next few months, you’ve probably already scoped out local pools where you and your kids can go to cool down from this Texas heat. Have you thought about who to hold accountable if someone gets hurt though? The more people that congregate at a pool, the higher the chance that someone will get hurt. Many different injuries can take place at a public pool. An individual may hit their head on the diving board, slip and fall on the floor surrounding the pool or nearly drown. If one of these incidents occurs, then you will immediately want to let those running the premises know. You should, of course, place a call for paramedics to come and check you or your child out too. If you can take pictures or ask someone else to do so right away, then this is ideal. These can be used by you and your attorney to help determine liability. Witness statements and pictures can be used to identify the cause of your injury. The next important step you’ll have to take is to find out who’s responsible for maintaining the property. If it’s a government agency, then you’ll likely be required to file a notice of claim with them during a small window of time. They’ll then make a decision as to whether to offer a settlement or to throw out your claim. If they deny it, then you may be eligible to file a lawsuit in civil court. Before filing a civil suit, you should consider how convincing the evidence is that you’ve amassed in your case. You may also want to take into account how pursuing a civil legal matter is often time-consuming and costly. A premises liability attorney can advise you of the costs involved and explain the many benefits associated with filing a claim.

Aug 26, 2020 | By The Zimmerman Law Firm, P.C. | Read Time: < 1 minute | Truck Accidents

Who pays my bills if a truck’s debris strikes my car injuring me?

Ask any Texas Department of Transportation worker and they’ll likely tell you about a variety of items that they’ve had to remove from the highway. If asked, a Department of Public Safety officer will likely tell you how many of them have caused motor vehicle accidents. If you’ve been injured by flying debris or by something that was left in the roadway after falling off a truck, then you may be wondering who you can hold liable for paying your bills. In a state like Texas where motorists are required to take out Personal Injury Protection (PIP) coverage when purchasing an automobile insurance policy, you’ll be able to rely on it to cover your medical bills. If you also purchased medical payments coverage, then you can use it to do so as well. These are your best options if you’re injured by debris and you don’t know who left it behind. If you were riding behind a truck in Waco when its tire blew out or when a ladder came loose from a work van, then you can pursue damages by filing a lawsuit against the insurance company. It’s important that anytime a crash as serious as this occurs, you have police dispatched to the scene to create an incident report. This will aid your attorney in proving negligence. If you have a dash camera that captured what happened, that’s even more helpful to your case. When crashes such as this occur, you should consult with a truck accidents attorney as soon as possible so they can preserve evidence and take witness accounts of what they saw happen leading up to the incident. By doing so, you’ll give yourself the best chance of recovering the compensation that you need cover your lost wages and medical bills.

Aug 26, 2020 | By The Zimmerman Law Firm, P.C. | Read Time: 2 minutes | Child Injury

Taking action if your child was injured at summer camp

When we send our children off to summer camp, we have faith in the professionals and caregivers to keep them safe at all times. We may know that they will be embarking on adventures and partaking in sporting events, but this does not mean that we think that our children will become injured as a result. If your child was injured at a Texas summer camp, it is important that you consider the circumstances surrounding the acquisition of the injury and ask yourself whether you believe that the summer camp leaders could have prevented such an accident. If you do think that something could have been done to keep your child safer, you may want to read more about how the law works in regard to personal injury cases such as these. Determining whether negligence was present Leaders at summer camps as well as the premises in which the summer camp was held have the responsibility to keep your children as safe as is reasonably possible. If there was a clear danger present for your child and the premises did nothing to mitigate this danger, they could be held legally liable if it can be shown that this danger caused your child’s injury. Bullying at summer camps In addition, summer camp leaders have the responsibility to recognize if your child is being bullied or abused at summer camp. Children can be cruel, and they have the potential to cause other children injuries and suffering. You may be able to take action against the summer camp organizers if they did not adequately safeguard your child from the harming actions of bullies. Summer camp injuries and liability waivers Many summer camps ask that parents sign liability waivers before they send their child to summer camp. While these waivers might go some way toward preventing lawsuits, they do have their limits. Most seriously negligent cases will still be able to be enforced by the law. If your child has suffered as a result of their summer camp experience, it is important not to accept this as simply something that occurs. Summer camps should be held liable for negligence when children are needlessly hurt.

Aug 26, 2020 | By The Zimmerman Law Firm, P.C. | Read Time: < 1 minute | Motorcycle Accidents

Veteran motorcycle riders share their safety tips

If you’re new to motorcycles, the one thing you can’t get instantly is experience. You may also know that experience can help keep you safe on the road. There’s only one way to really put in those hours, but that does not mean you cannot learn from others who have done it. Here are some safety tips from veteran riders: Do not wear black. Yes, it’s the “traditional” color that bikers wear, but it makes you far less visible than red, neon green or even a reflective jacket. Put on something bright so that other drivers see you. If you ride in a group, make sure you trust everyone else in that group. If anyone makes a mistake, it could lead to a chain-reaction accident. Maintain a 20-foot cushion around yourself. That’s how far you want to be from other bikes or vehicles, on all sides. Only ride when you’re awake and alert. Of course, you never want to drink and ride, but you also want to avoid drowsy riding, which can reduce reaction times. Look for escape routes. Know where you’d go if someone else makes a mistake. That 20-foot cushion can help at stoplights. Watch the cars behind your bike. Sometimes, drivers do not see a stopped motorcycle and rear-end it. Watch out for cars that approach too quickly. The accident would be that driver’s fault, but you still want to avoid it if possible. You’re very exposed on a motorcycle. These safety tips can help, but you may still get involved in an accident. Be sure you know all of your legal options. Source: Buffalo Chip, “12 Safety Tips Seasoned Riders Swear By,” Mary Panerio, accessed June 15, 2018

Aug 26, 2020 | By The Zimmerman Law Firm, P.C. | Read Time: 2 minutes | Child Injury

On the playground, these injuries are most common

As a parent, you constantly worry about your child’s safety when he is out of sight. You know that accidents can happen any time, anywhere. While you try to trust your son’s Waco school to provide a safe space, you still worry that you will get a call that there has been an accident. While playground manufacturers have made recent strides in providing safer equipment, injuries are still very possible. One of the things you can do as a parent to provide extra protection for your child, is to learn about the most common playground injuries and to teach him to be cautious while he is playing. Breaks, fractures and sprains According to the Centers for Disease Control (CDC), children between the ages of 5 and 9 are more likely to sustain a fracture or sprain while playing. All it takes is one loose rock on the playground to cause an ankle to turn. Fortunately, children tend to heal much faster because their bones are still flexible since they are growing. If your child suffers a break or sprain, be sure you alert his teachers so that they can keep a closer eye on him while he continues to heal. Concussions and other head injuries In general, the climbing equipment on playgrounds is the most popular. It also causes the most injuries. In many cases, children are not even aware of the severity of their injuries if they fall and hit their heads. This means that instead of alerting a teacher or other adult, they try to keep playing. If your child starts to display light sensitivity, dizziness, headaches or nausea, then he could have a head injury. Other indicators include drowsiness, looking dazed or confused, irritability, and slow responses to basic questions. Joint dislocation Joint dislocations are another common injury that children suffer on the playground. It does not take much force for an arm or elbow dislocation to occur in a child. If this happens, take him to the doctor and let a medical professional put it back into place. If you attempt to do so yourself, you risk causing further injury. Signs of dislocation include redness and swelling around the joint, difficulty moving the joint or limb, and even irritability or agitation. Scrapes and bruises Scrapes, cuts and bruises tend to be the wear and tear most children come home with on a regular basis. While these playground injuries tend to be minor, if you do not properly treat them, infection can set in and they can become much more serious. When it comes to cuts and scrapes, be sure you are treating them with antiseptic ointments and regularly changing the bandages. If your child has a bruise that does not seem to be fading and lasts longer than a week, it could be an indication of an internal injury and you should seek medical treatment immediately. While understanding the above injuries can prepare your child to stay safe on the playground, it is not possible to prevent every accident. If your child suffers a playground injury while at school due to lack of adult supervision or faulty equipment, you may be able to take legal action.

Aug 26, 2020 | By The Zimmerman Law Firm, P.C. | Read Time: < 1 minute | Car Accidents

Are rural or city roads more dangerous?

Perhaps you’ve seen the statistics indicating that rural roads results in more deadly accidents than urban roads, even though far more drivers are in urban areas and many more miles are driven there every year. This seems counter-intuitive. Wouldn’t there be more deadly crashes on packed roads where more total accidents happen? There are numerous reasons why rural roads are actually more dangerous. A few include: 1. No street lights. It’s truly dark at night. This can massively limit one’s ability to see potential hazards and may be disorienting to drivers who are used to street lights. 2. Drivers may be too relaxed. It’s easy to stop paying attention when you’re driving in a straight line, on a relatively empty road, for miles and miles. If you do, though, that could reduce reaction times and cause an accident that could have been avoided. 3. Drinking and driving. While a drunk driver could just as easily be in the city, some people are more likely to drink and drive in the country because they think the odds of being caught by police are lower. 4. Head-on accidents. Many city streets are one-way roads or it is illegal to pass on two-way streets. Conversely, many country roads allow passing, even though the roads are more narrow. This increases the odds that two cars will wind up in the same lane going opposite directions, and it therefore increases head-on collision statistics. These are some of the most dangerous accidents to be involved in. No matter where you are driving when another driver causes an accident that injures you or takes a love one’s life, you must know if you have a legal right to financial compensation. Source: BLine Traffic Schools, “Why are Rural Roads More Dangerous?,” accessed Aug. 18, 2017

Aug 26, 2020 | By The Zimmerman Law Firm, P.C. | Read Time: 2 minutes | Motorcycle Accidents

Motorcyclists should be proactive in preventing crashes

There are many dangers associated with riding a motorcycle. While many motorcyclists appreciate the freedom that comes with operating a motorcycle in the open air, bikers enjoy very little protection from reckless motorists out on the road. There are some strategies that motorcyclists can employ to remain safe while riding their motorcycles though. Motorcyclists are particularly vulnerable to getting hit while they’re riding their bikes in heavy traffic. One of the best things that bikers can do to ensure that they aren’t riding in a driver’s blind spot is to ride alongside them instead of either behind or in front of them. Another instance that’s quite dangerous for motorcyclists is when they’re passing others or someone is passing them. This is why it’s important that bikers signal when they’re ready to change lanes. It’s also imperative that motorcyclists leave adequate space between themselves and other drivers when changing lanes. This gives motorists adequate time to brake if they need to. Motorcyclists should keep in mind that visibility is reduced when they’re navigating curves. It may be hard for motorcyclists to identify a vehicle and to get out of its path if they’ve traveled around a curve at a too high of a rate of speed. Riding at night is dangerous for pedestrians, motorists and motorcyclists for a variety of reasons. Bikers can give themselves the strongest chance of being seen if they keep their headlights, turn signals and brake lights in proper working order while riding at night. Motorcyclists should also be cautious when preparing to enter intersections. Bikers should aim to keep their motorcycles centered in their lanes. It can be helpful if bikers leave their headlights illuminated and are prepared to stop at a moment’s notice if need be at intersections as well. Many individuals ride motorcycles because it gives them a boost of adrenaline driving a car just can’t offer. While motorcyclists who practice some of these defensive driving techniques can greatly reduce their chances of causing a crash, motorists need to do their part to prevent collisions as well. If you’ve been hurt by a negligent driver, then you’ll want to consult with an attorney. Your Waco lawyer can advise you of how you can go about protecting your rights following a motorcycle crash here in Texas.

Aug 26, 2020 | By The Zimmerman Law Firm, P.C. | Read Time: < 1 minute | Child Injury

What to do when you visit your child in the hospital

Even if your child has to stay in the hospital for an extended period of time, you are likely going to want to visit every day. What can you do to make sure that your child is safe and healthy during this trying time? First of all, be very careful about bringing germs into the hospital room with you. You do not want to cause an infection or make the situation worse. Wash your hands before going to the hospital. Use hand sanitizer again when you arrive. It is also important to talk to the doctor and the medical staff. Find out when the best hours are for you to visit. Ask about any potential health risks and what you can do. Take the doctor’s recommendations seriously, even if they conflict with what you want to do. Remember, one of the greatest healers is sleep, so allow your child to have free time to rest, as well. Do not stay too long. Talk to doctors about what is best for your child. Emotional support can be very helpful, but rest is also helpful. Try to find a balance. Be careful about bringing young siblings into the room. Young children often carry germs and they may even be sick. A person in a fragile state in the hospital could be especially vulnerable. Take precautions and try to limit exposure. If you believe your child ended up in the hospital because of someone else’s negligence, make sure you also know what rights you have to compensation. A long hospital stay is not cheap, even with insurance.

Aug 26, 2020 | By The Zimmerman Law Firm, P.C. | Read Time: 2 minutes | Car Accidents

Is your employer liable for your car accident injuries?

What happens if you’re in a wreck, through no fault of your own, while you’re driving a car for work? Do you have to hope the other driver has insurance? Is your insurance company required to cover your losses? Is any part of the damage your employer’s responsibility? In short — it’s complicated. If you’re making deliveries for your boss or running errands, drive a company car or get reimbursed for your mileage, there’s a strong possibility that you do have the right to claim workers’ compensation for any injuries you suffer, as well as for and lost wages. Such is the case even if you also file a personal injury lawsuit against the other driver or have your own insurance to cover your bills. A lot depends on exactly what you were doing when you got into the accident. For example, perhaps you work at a car lot and a customer wanted to buy a Kia Soul in green but you only had silver on the lot. You call another lot owned by your boss and found a green Kia. You caught a ride over to the other dealership and were driving the Kia back to close the deal. But, you make a quick detour to pick up your son’s prescriptions at a local pharmacy so you can save time on the way home simply because you were close by. That’s when the accident happens. Your employer can argue that you were on your own time when the accident occurred and the worker’s comp insurer can deny your claim. On the other hand, if your employer called you and told you to head through a drive-thru on your way back to grab lunch for the office, that’s running an errand for your employer and you should be compensated. There are a lot of “shades of gray” in workers’ comp claims. Don’t let your workers’ compensation claim be denied because you don’t know your rights.