San Antonio Legal Blog

Are you one of the many workers who make a living on the Texas oil fields? Then you will likely know that it is an extremely dangerous industry, and an endless list of threats could cause severe injuries and even fatalities. Along with the challenging working conditions, faulty equipment and negligent actions of others could leave you without an income and mountains of medical bills.

The many different hazards of your job range from environmental and basic structural hazards, to the dangers posed by chemical exposure. Safety authorities say working on onshore oil rigs pose above-average risks of nonfatal injuries, and the most common hazards are fire, machinery, falls, falling tools and fatigue.

Liability claims are all about assigning who is to blame. In the case of truck accidents in San Antonio, that may seem fairly obvious: the truck driver. Yet given that driving their semi-trucks and tractor-trailers is a function of truckers' employment, one then might ask if the companies that employ them might be responsible, as well. In some cases, this may be a moot point, as some truckers operate as independent contractors who contract with motor carriers. Yet in those cases where a driver is employed by a carrier, the question should be asked in the wake of a collision. 

The legal principle of respondeat superior maintains that employers can be held responsible for the actions (even negligent actions) of their employees. Yet according to the Cornell Law School, there is no nationwide standard governing the application of this principle. It states that different states apply various testing methods to determine if respondeat superior is applicable to a case. One of these is the characteristics test, which rules that if an action is associated closely enough with the general duties of one's employment, then it is deemed to be a common characteristic of that job and thus part of an employer's expectations of an employee. 

Texas highways and roadways can become quite congested, especially during peak rush hours of the day. Drivers are often forced to wait in traffic, and as a result, may become agitated and impatient. Whether they are rushing home from work or are running late to an important work meeting, drivers would like to get to their destination as quickly as possible. It is no surprise that more than 80 percent of motorists in Texas and across the country admit to driving aggressively. Aggressive driving, or road rage, is a contributing factor to at least 56 percent of fatal car accidents in the country, according to AAA.

When motorists are able to spot the signs of an aggressive driver, they may be able to quickly alert law enforcement of the problem and help to avoid a fatal accident from occurring. Motorists should be on the lookout for the following hazardous driving behaviors:

•          Running traffic signals and failing to stop at traffic signs and pedestrian crosswalks
•          Erratic lane changing, between other vehicles in a reckless fashion
•          Excessive horn honking and yelling at other motorists
•          Speeding, cutting off other vehicles and blocking cars from switching lanes
•          Following too closely behind another vehicle

Accidents at work can have very serious consequences, especially when the spinal cord is damaged. You may experience life-long complications because of your injuries, including chronic pain and impairment. The Mayo Clinic offers the following information on injuries to the spinal cord and their effects.

When it comes to causes, auto accidents are linked to half of all spine injuries occurring each year. Falls also have an impact on the health of the spine, and 15 percent of injuries are caused by falls. Other possible causes include sports injuries, assaults, alcohol consumption, and diseases. Certain people, such as the elderly, also have a greater chance of experiencing this type of injury.