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

Aug 25, 2020 | By Micheal Zimmerman | Read Time: 2 minutes | Child Injury

Holding schools accountable for harassment

When parents bring their kids to school, they expect that their children will be able to learn in a safe environment. As more and more cases of cyber bullying and harassment are mentioned in the news, however, it’s possible that parents shouldn’t assume that their children will be secure within academic confines. If you have visited the practice area page of our website, you know that the Texas legislature has passed bills designed to protect students and hold responsible parties liable for this type of intimidation. Most parents whose children are being targeted by other students will feel it necessary to keep school officials accountable for their indifference to an established pattern of harassment. When repeated contact with administrators provides no satisfactory resolution, parents may feel that their only course of action is to file suit against schools. Before taking this step, however, parents will need to consider the obstacles that may prevent them from winning in court. School immunity may prevent parents from receiving satisfaction in a case’s resolution. Some schools are protected from lawsuits by the town or city in which the school is located. If school officials acted according to the school’s best practices, they may be shielded from a lawsuit. This isn’t to say that any attempt to right a wrong at school will be defeated in court. In order to establish the best case possible, parents should follow these steps: 1. Document every incident with specific details, such as the time, date and location of the offense. 2. Record interaction with school staff including teachers, social workers and administrators. 3. Contact parents of classmates. It may be possible that other children are being targeted as well. Documentation helps parents and their attorneys lay the groundwork for a successful claim if repeated instances of indifference are revealed. Maintaining a record of incidents may not stop the aggressive actions immediately; however, accounting for every incident enhances the quality of the claim. Parents who are concerned about their child’s safety are advised to seek the counsel of a knowledgeable attorney to discuss the best course of action to take.

Aug 25, 2020 | By Micheal Zimmerman | Read Time: 2 minutes | Child Injury

Water parks and summer amusement rides can injure your child

Water parks, traveling carnivals and amusement park rides are all popular places for families during the warmest months in Texas. Since the kids are off from school, it is easier than usual to pack your family up and go spend a day hitting up some water slides or roller coasters. Although these trips can be a source of treasured family memories and a great break from the monotony of summer months out of school, they can also be a source of both severe physical injuries and emotional trauma to children. Part of what makes amusement parks and carnival rides so thrilling is the sense of controlled danger they produce. Unfortunately, with bad set up or improper maintenance, the danger can go from being theoretical to a very real risk that could impact your family for many years to come. Sometimes, places you visit for fun can prove to be anything but that if your child gets hurt. Make an official report if there is any malfunction or injury On rides with multiple operators, the park may have safeguards in place that allow them to detect malfunctions immediately. Certain rides also have cameras that capture the more dangerous moments, often intended as tourist mementos. The cameras can also serve as a form of documentation when something goes wrong or someone winds up hurt. Even if there are cameras or attendants, don’t just move on with your day if your kid gets hurt. You should never assume that the people working will make a record of the malfunction unless you report a potential injury. Making a report means that there will be a record at the amusement park or with the management of the fair or water park of what happened to you and your child. That way, if an injury becomes more severe in the future, you can prove that it started when you first attended the park. Injuries to children may require expensive medical care From broken bones to head injuries, the kinds of wounds and injuries people can suffer at water parks or similar amusement facilities can prove to be serious. For small children, those injuries can require years of medical assistance. Since children are still growing, injuries that would be minor for adults can have more significant implications for younger victims. At the same time, children do tend to heal and bounce back quickly. However, visible wounds, especially on the face, can lead to permanent scarring and therefore require intensive intervention to minimize the long-term repercussions for your child and family. That care can often be far more expensive than what you are capable of covering on your own. That is why you want to connect the injury to the facility where your child got hurt in order to seek compensation on their behalf.

Aug 25, 2020 | By Micheal Zimmerman | Read Time: 2 minutes | Car Accidents

Study claims teens are not the most dangerous drivers

Teen drivers are often stereotyped as the worst drivers on America’s roads. They’re inexperienced, detractors say, so they make mistakes that could have easily been avoided. They go on their phones too much, leading to distraction. They’re willing to take risks, like speeding and even racing their cars. They grow out of these activities as they grow up, but, from ages 16 to 20, they present a real risk on the highways. Certainly, things like inexperience and risk-taking are dangerous, but a new study shows that we may be a bit too hard on teens. It claims that millennials are actually the most dangerous drivers in America. Dangerous activities The study relies, in part, on simply asking drivers to admit what types of mistakes they make. The AAA Foundation for Traffic Safety put the survey together. It says that millennials between 19 and 24 years old admitted to running red lights, speeding, or texting and driving at a stunning rate. A full 88.4 percent said they had done so in the last 30 days. You may note that millennials range in age from 20 to 36, so the study also looked at drivers ranging from 25 to 39 years old. They said they had done the same things — texting and driving, speeding or running red lights — at a rate of 79 percent. That put them square in second place as the most dangerous drivers, even above teens. Reports say that means that millennials as a whole are the “most reckless generation on the road.” Reported activities It’s important to note that the surveys pull their information not from arrest records or accident statistics, but from self-reported activities. This way, they include instances where a driver made a critical error — like texting while blowing through a red light — but was lucky enough not to get caught and not to cause an accident. There is, of course, the chance that people would lie about their mistakes or fail to remember instances that would count. However, this is generally a reliable way to get information since there’s no negative consequence to telling the truth. Where did teens rank? If teens have been unfairly cast as the most dangerous drivers, you may wonder where they did rank. For those between 16 and 18 years old, they ranked third overall. The admitted to the same dangerous habits at a rate of 69.3 percent. As it turns out, the three youngest age groups all combine to pose the biggest threat on the roads. Your options after a crash Regardless of your age, it’s very important to understand the risks. Make sure you know what options you have after another driver causes an accident.

Aug 25, 2020 | By Micheal Zimmerman | Read Time: 2 minutes | Child Injury

Seat belts can save Texas children’s lives

Countless kids are injured while riding aboard school buses in the U.S. each year. Fortunately, the number of those hurt in Texas has dropped in recent years. This has happened in large part due to the passing of a state law that requires all large school buses to be equipped with seat belts. Yet, accidents still happen. While they can curb injury rates, the seat belts have to be worn correctly to be effective in preventing injuries. A study recently conducted by the NBC at an engineering facility in Indiana revealed just how dangerous not wearing a seat belt can be. They simulated a collision in which some of the child-sized crash dummies were buckled in whereas others weren’t. At least three out of seven of the unbuckled dummies were sent flying out of their seats when their school bus traveled 35 miles per hour down a highway ramp. One of those three dummies ended up colliding with another passenger. Another one of them flew into the aisle and rammed its neck into another seat. All the belted dummies remained securely in their seats. Federal lawmakers have yet to pass legislation that would require all states to equip their school buses with seat belts. They’ve generally cited the National Highway Traffic Safety Administration (NHTSA) research when asked why they haven’t passed such legislation. The NHTSA contends that school bus seat belts are unnecessary as their seats provide compartmentalization. They noted that this is all that’s necessary to keep them safe. A senator from Illinois who just this year proposed the School Bus Safety Act argues that all school buses should come equipped with automatic braking systems and data recorders. She notes that they should also feature three-point seat belts as well. Parents might expect that their children’s school districts will do what’s in the kids’ best interests. But this isn’t always the case, as school districts may cut corners. They cram more kids in buses than they should and then leave a single driver to monitor them. In Texas, they may have delayed installing required seat belts as well. Seat belts can save your child from getting hurt. If their caregiver’s or some other motorist’s negligence resulted in them getting hurt in a crash, parents can reach out to a personal injury attorney who can advise how administrative law and due process works here in Texas.

Aug 25, 2020 | By Micheal Zimmerman | 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 Micheal Zimmerman | 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 Micheal Zimmerman | 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 Micheal Zimmerman | 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 Micheal Zimmerman | 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 Micheal Zimmerman | 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