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

Aug 25, 2020 | By The Zimmerman Law Firm, P.C. | Read Time: 2 minutes | Car Accidents

Crash along I-35 claims lives of teenage sisters from Frisco

Two Frisco, Texas, sisters were killed recently when a pickup truck ran into a sedan carrying the family. The sisters, ages 18 and 16, were riding in a Honda being driven by their father along the Interstate 35 access road in Kyle, Texas, between Austin and San Antonio. The driver of a Dodge pickup truck, a 61-year-old man, was arrested after he allegedly tried to run from the scene, according to police. Also riding in the car were the girls’ sister, age 12, and a family friend. The father, the friend and his younger daughter all were transported to the hospital with injuries that weren’t thought to be life-threatening. Everyone in the car was wearing a seat belt, according to a local official. The driver of the pickup truck was arrested and booked on two counts of an accident involving death and three counts of an accident involving injury. He was sent to the Hays County Jail on $250,000 bond. More charges could be filed after toxicology results are complete. The driver of the pickup truck, according to county records, has been arrested on driving while intoxicated charges twice before – one in 2003 and again in 2010. The girls were students at Wakeland High School in Frisco, and the school community was in mourning. The school district issued a statement that read, in part, that the “community is heartbroken to learn of the sudden passing of two of our students.” Tributes to the sisters poured in on social media, and it’s clear they left a lasting impression on their community. For their father and sister, the recovery period from their physical and emotional injuries will be long, and the family’s medical and funeral expenses likely will be large. Any way the financial or physical pain can be eased will be helpful to this family.

Aug 25, 2020 | By The Zimmerman Law Firm, P.C. | Read Time: < 1 minute | Car Accidents

You will be shocked by how many deaths fog causes

It is clear that the weather has a huge impact on driving conditions. Flooding washes out roads, high winds wreak havoc with semi trucks and trailers, heavy rain leads to slick pavement and hydroplaning, and the occasional Texas snowfall gives many drivers a challenge they have never had to deal with before. However, one serious hazard that many people overlook is fog. Reports claim that fog leads to 31,385 crashes every single year. In those accidents, 11,812 people suffer injuries. Staggeringly, those accidents also take 511 lives. These are yearly averages, so the real results vary a bit from one year to the next, but the impact is incredible. More than 500 people die because of fog annually. To give you some sense of comparison, most people are far more afraid of a tornado than fog. However, tornadoes only kill 109 people every year. People also worry about flooding, but it only takes an average of 75 lives every year. They cancel outdoor events like football games for lightning, but lightning is only linked to 33 annual deaths. This is not to take away from the dangers of lightning, flooding or tornadoes. They must all be taken seriously, as they are. Still, looking at the numbers shows that we should probably spend a lot more time planning for car accidents in the fog, as it causes many deadly accidents. Have you been injured in a car accident or have you lost a loved one in a tragic crash? If so, make sure you know all of the legal options you have.

Aug 25, 2020 | By The Zimmerman Law Firm, P.C. | Read Time: 2 minutes | Child Injury

Compensation is available for children hurt this holiday season

Many individuals enter into the holiday season intending to create new family memories together. Many people are left with not-so-fond memories when the season comes to a close though. Some individuals find it difficult to envision seeing the holidays in a positive light again because their child was injured or killed in a senseless accident. There were at least 192,000 children that were seen in hospital emergency rooms for toy-related injuries in 2012 according to Safe Kids Worldwide (SKW). At least 3,270 children were transported to the emergency room after having suffered some type of injury from broken ornaments or decorations. Another 136,314 children suffered burn injuries that same year. SKW notes that parents can greatly minimize their child’s risk of injury this season by making sure that they carefully weigh their choices when buying toys for them. Moms and dads should check to make sure that the product that they’re buying is age-appropriate. Parents should avoid buying products with small button batteries and other removable parts. These may pose a choking risk. SKW notes that a toy may be appropriate for one child in the home, but dangerous for a younger sibling. Another tip that SKW recommends is making sure that all Christmas lights are turned off when the family goes to bed for the evening. The child safety advocacy organization also warns parents to keep an eye on the water levels for Christmas trees. If pine needles aren’t properly hydrated and become warm from the lights on the tree, then this can cause a fire. SKW recommends keeping hot liquids away from a child’s reach to keep them safe from burns. They also point out that it’s important for any ornaments or decorations that are breakable to be kept higher up on the tree or otherwise out of reach to children. Everyday life is dangerous. New decor can be hard for children and adults to get accustomed to. It’s as everyone is getting used to it being around that most accidents occur. If your son or daughter has been hurt due to a product malfunction or someone else’s negligence, then you should protect your child now! An attorney in Waco will ask about what led up to you or your child’s injury to understand who was liable for the incident. They will then advise you of your right to file suit in your Texas case.

Aug 25, 2020 | By The Zimmerman Law Firm, P.C. | Read Time: 2 minutes | Car Accidents

Why do Wrong-Way Crashes Occur and How Can You Prevent Them?

In a semi-rural city like Waco, it seems that there’s a story on the news about a head-on crash almost every week. This isn’t surprising. According to the National Highway Traffic Safety Administration, these crashes are most common in rural areas. They account for 13% of all fatal accidents. These types of collisions often result in significant injuries and deaths. They can be prevented though. These types of crashes most commonly occur when a motorist crosses over the center line and into the direction of an oncoming car on a highway. They also occur on interstates too. These head-on collisions happen when a motorist inadvertently makes a turn onto the wrong highway off-ramp. Cars are often in the process of decelerating as they get off the interstate. It’s seldom a positive thing when they crash into slow-moving cars. Motorists can avoid wrong-way crashes like these by being more observant of street signs and markings on the pavement. Turn arrows that are pointing in the wrong direction from the one you’re traveling in should send a message to you that you need to turn around. You should take time to look twice at any red signs as they’re there to warn you of potential dangers in your path. If you come upon a vehicle that’s heading in the wrong direction, then you should let off the gas and apply your brake. You should begin sounding your horn to alert the motorist of their error. You should also start turning your headlights on and off to try to get their attention. When it appears that a collision is imminent, you should do your best to steer to the right of the vehicle coming at you. If necessary, then you should drive it into the nearest ditch, shoulder or parking lot to get away from them. There are many reasons that motorists leave their lane and travel into oncoming traffic. Some do so because they’re driving so fast that they lose control of their car. Others do so because they fall asleep or drive under the influence of alcohol. These also occur when a motorist attempts to avoid road obstacles or to illegally pass others. If a Texas driver has injured you in such a crash, then a car accidents attorney can advise you of your right to compensation for your injuries.

Aug 25, 2020 | By The Zimmerman Law Firm, P.C. | Read Time: 2 minutes | Car Accidents

How Does Comparative Negligence After a Car Crash Affect You?

Many people assume that only one person can be responsible for a car crash. In reality, the contributing factors that lead to a significant automobile collision can be very complex. Even situations that seem straightforward may have complicating factors that aren’t obvious on the surface. Everything from the condition of a vehicle to the health and attentiveness of both drivers can contribute to a collision. Sometimes, one driver makes a major mistake like merging into traffic or heading the wrong way on a one-way street. When one person seeks compensation after a crash, they generally need to prove that the other party is responsible for the accident that occurred. Sometimes, the other party can raise the defense that the liability was split between both drivers. This legal concept is known as comparative negligence, and you need to understand it if you hope to seek compensation for a motor vehicle accident. Comparative negligence assigns a percentage of fault Comparative negligence (or comparative liability) assigns each driver or entity involved in a crash a percentage of the responsibility for the accident. Texas is one of many states in which an individual who is 51% or higher responsible for a crash cannot seek compensation. However, individuals who bear as much as 49% of the culpability for a collision can bring a personal injury lawsuit against the other party in the crash. The amount of compensation that someone can recover will reflect a reduction based on their percentage of comparative liability. Insurance companies try to get you to implicate yourself Comparative liability can save someone responsible for a crash a lot of money. That financial impact can also pass on to the insurer of the responsible driver. In the wake of a major crash, insurance adjusters may speak to the victim in the hopes of mitigating their liability. Insurance representatives may ask for a recorded statement and then ask leading questions. Things that the victim says innocently could implicate them in some manner and result in an assignment of comparative liability. Attorneys representing a driver who causes a crash may also take steps to get the other parties involved in the crash to admit some degree of responsibility. The risk of accidentally implicating yourself when the crash is clearly the fault of another driver is one of many reasons why you should definitely talk with a personal injury attorneyafter a crash. Not only can they advise you of your rights to see compensation, but they can also help protect you against making mistakes that could impact your ability to get the compensation you deserve.

Aug 25, 2020 | By The Zimmerman Law Firm, P.C. | Read Time: 2 minutes | Truck Accidents

How do truck accidents commonly happen?

Truck accidents are highly destructive to property, and they often result in catastrophic and fatal injuries when they happen on Texas roads. For this reason, every Texas motorist needs to take great care when driving close to a big rig on the road. Additionally, truck drivers also need to be cautious and follow all truck driving rules and traffic standards. To help Texas motorists avoid getting into a crash, let’s take a look at how car drivers commonly cause truck accidents: — Operating a car in a truck’s no-zone: The “no-zone” is the areas around the truck — including the front, back and sides — where the truck driver can’t see you. — Making your lane change too fast: Big trucks simply cannot react as fast as a nimble and agile car. As such, drivers need to make sure that they don’t drive erratically around a big rig. — Merging mistakes: Again, trucks are not as agile as automobiles, and car drivers need to be careful whenever a truck is merging into traffic, or whenever a car is merging into traffic where trucks are present. — Dangerous passing habits: Car drivers need to be able to see ahead of them before they take the risk of passing. Without sufficient visibility, a head-on crash with a semi-truck could easily happen. — Driving in between two big trucks: Cars should never try to squeeze between two big trucks as it could result in a collision between the trucks, and that collision could also involve the more vulnerable motor vehicle driver. — Parking your disabled vehicle too close to passing traffic: Always be sure to give passing traffic plenty of room and move off the shoulder as far as possible. By staying aware of the above information, car drivers can avoid a lot of the most common semi-truck accidents. However, a negligent or unlawful truck driver could still cause a fatal or injurious crash. If you or a family member has been injured in such a collision, a personal injury attorney can assist you in pursuing financial compensation in civil court. Source: FindLaw, “Common Causes of Truck Accidents,” accessed May 11, 2017

Aug 25, 2020 | By The Zimmerman Law Firm, P.C. | Read Time: < 1 minute | Child Injury

Property Owners May Be Liable for Trespassing Children

A child trespasses on a neighbor’s property while the neighbor is out of town. The child is seriously injured. Afterward, the parents confront the property owner, saying they intend to sue over the injury. They have medical bills to pay. Is this possible? Is the owner protected by the fact that the child should never have been on the property in the first place, or is he or she still liable? The answer can be complex, and every case is different, but there are certainly situations where the owner could be liable, even though the child was trespassing. One of the most common is when there is an attractive nuisance on the property. An attractive nuisance is something that is clearly and inherently dangerous, but which also may attract young kids. One oft-cited example is a swimming pool. For instance, perhaps the neighbor child was just three years old. He or she doesn’t understand property lines and trespassing laws. The pool, meanwhile, doesn’t have a fence around it or a gate. It’s not covered. The child can easily just walk onto the property and fall into the pool. Property owners need to be aware of dangers and take rational steps to protect young kids who may be too young to protect themselves. If an older child climbs a fence, the owner may not be liable, having done all that was possible. If the owner does nothing and leaves an exposed risk, though, a lawsuit may result from any accident. It’s important for parents to know their legal options when children are injured, as medical bills can be very high and some injuries can change the course of a child’s life.

Aug 25, 2020 | By The Zimmerman Law Firm, P.C. | Read Time: 2 minutes | Child Injury

How common are playground injuries?

School will be back in session is just a matter of weeks here in Waco. If you have young kids, then one of their favorite times of the day likely is when they can take a break from their classes and head outside for recess. Sadly, playgrounds are the one place where kids are most apt to get hurt while at school. According to Nationwide Children’s Hospital, at least 213,000 children are treated in hospital emergency rooms every year here in Texas and across the rest of the United States. Most of the kids seen in hospitals range in age from five to 12. They’re often seen for injuries resulting from a fall. They often present with cuts or bruises, sprains and broken bones. Arms are the body part most commonly affected in these schoolyard incidents. Parents and teachers alike can help kids avoid getting hurt on playgrounds. They can do so by taking the time to inspect the equipment for damage or grounds for debris before allowing their kids to play on it. They can also encourage the children under the care to abstain from placing their hands or other body parts in gaps or places where they may get caught or pinched. They can remind them to hold on to handlebars and to remain behind guardrails as well. Caregivers should try to keep their children from taking any straps, ropes or any other strings into a play area. These can cut off circulation if a body part becomes caught up in them. They can even cause them to choke. A child who wears a helmet into a playground area can suffer the same fate. Parents and teachers should also discourage kids from playing along steep, rocky embankments, nearby tree roots or anywhere where the pavement may be in ill-repair. These can all pose tripping hazards. They should instead report these dangers to the appropriate authorities to be addressed. Teachers, parents and caregivers are seldom responsible for a single child. They instead often have several to watch over. This is why they must constantly scan the area around them for potential hazards that may injure a child. Educators or caregivers who fail to do this may be sued for negligence. A child injury attorney can also advise you of your right to sue a school for damages, especially if their inattentiveness resulted in your loved one getting hurt.

Aug 25, 2020 | By The Zimmerman Law Firm, P.C. | Read Time: < 1 minute | Premises Liability

Working too Long Can Increase the Risk of Injury

Do you often find yourself staying late at the office? Do you pride yourself on your ability to put in long hours when needed? While dedication is impressive, you should know that doing this does increase the odds that you will suffer an injury at work. This could be an ergonomics-related injury from failing to give your body a break from those daily tasks — even the simple ones, like working on your computer. To see the role that this played, researchers gave a survey to more than 12,500 workers who often put in extended hours. These are the results: Male workers with frequent or chronic back pain: 30 percent. Female workers with frequent or chronic back pain: 41 percent. Male workers with frequent or chronic wrist pain: 16 percent. Female workers with frequent or chronic wrist pain: 27 percent. Although that was just one part of the study, it already paints a pretty clear picture of the risks involved. The researchers also said that sleep deprivation may lead to tendon, ligament and muscle injuries. They found that most workers who had night shifts did not even get six hours of sleep per night. That lack of sleep, combined with repetitive motion, put these workers at serious risk. People often overlook repetition injuries, focusing instead on sudden events like slip-and-fall accidents or falls from ladders. While these things are dangerous and deserve consideration, workers also have to know that merely staying at work too long, too often, can lead to serious pain and the need for medical treatment. When this happens, they also need to know what legal options they have.

Aug 25, 2020 | By The Zimmerman Law Firm, P.C. | Read Time: 2 minutes | Motorcycle Accidents

Tips to Avoid Distracted Drivers On Your Next Motorcycle Ride

Riding through Texas on a motorcycle is one of the greatest pleasures in life. Once you make it out of the city limits of Waco, you have endless miles of open road available. Unfortunately, like with most things, riding a motorcycle comes with risk. The weather can suddenly change, causing the roads to become dangerous. A deer can leap out in front of you and cause you to lose control. And, the most dangerous, are the cars and trucks cruising down the street, operated by drivers that think multitasking behind the wheel is a good idea. In general, cars and trucks are the greatest threat to you every time you climb on your bike. While it is not always possible to avoid a collision with a reckless driver, there are things you can do to reduce your chances of being in an accident. For some tips to avoid distracted drivers, read below. Stay to the right By staying to the right on a two-lane road, even when you come to a stop, you can give yourself enough room to avoid a collision with distracted driver. When people are playing with the radio, checking their phones or engaging in other activities, they tend to drift. By avoiding the middle of the lane and staying to the right, you can create a nice cushion between yourself and oncoming traffic. Avoid multi-lane highways Yes, I-35 might be the quickest way out of town, but those multi-lane highways can be nothing but trouble. You will have cars coming at you from multiple directions and it is likely that fewer than half of those drivers will see you, even if they are not distracted. If possible, take the back roads out of town and take the chance of having one of those winding ranch roads all to yourself. Light it up The best thing you can do to avoid becoming a victim of a distracted driver is to make yourself as visible as possible. This might mean wearing a brightly colored jacket with reflective panels instead of your standard black leathers, or it could mean giving in to that secret temptation to buy the crazy colored helmet you have been eyeing in the shop. Also, do not be afraid to use those high-beams. It might irritate drivers, but at least they will see you. In addition to the above tips, be extra careful when a vehicle is coming at you from the side or pulling out from a parking lot. Always assume that you are invisible to every single individual operating a car or truck. Doing so will make you more cautious and keep you safe.