The Law Offices of Miller & Bicklein, P.C.The Law Offices of Miller & Bicklein, P.C2024-03-13T14:19:43Zhttps://www.mblaw.org/feed/atom/WordPress/wp-content/uploads/sites/1303683/2021/02/cropped-site-icon-1-32x32.pngOn Behalf of The Law Offices of Miller & Bicklein, P.C.https://www.mblaw.org/?p=570372024-02-02T07:57:22Z2024-02-02T07:57:22ZSome injuries may be immediately apparent, while others can take time to manifest.
Spinal cord injuries
Spinal cord injuries are among the most severe consequences of car wrecks. They occur when there is damage to the spinal cord or nerves at the end of the spinal canal. This often results in permanent changes in strength, sensation and other body functions below the injury site. These injuries can range from partial to complete, with varying degrees of paralysis, including paraplegia or quadriplegia. The impact of such injuries extends beyond physical impairment. A person with this injury may need long-term rehabilitation and lifestyle adjustments.
Amputations
Amputations in car wrecks can occur either traumatically during the accident or as a surgical necessity afterward due to severe limb damage. Losing a limb is a life-changing event that significantly impacts a person's mobility and ability to perform everyday activities. Recovery often involves physical rehabilitation and psychological adjustment. Many amputees require prosthetics to regain a level of independence.
Internal bleeding
Internal bleeding is a less visible but equally dangerous injury that can occur in car wrecks. It can be caused by blunt trauma or a penetrating injury. Symptoms may not be immediately apparent, so car wreck victims must receive prompt medical evaluation. Untreated internal bleeding can lead to organ failure, shock and death.
Brain injuries
Brain injuries, including concussions and traumatic brain injuries (TBIs), are common in car wrecks. They can range from mild concussions with short-term effects to severe TBIs that can result in long-term cognitive, physical and emotional impairments. Symptoms of a brain injury can include headaches, confusion, memory problems and changes in personality or behavior. The long-term impact of a brain injury can vary greatly and may require extensive rehabilitation.
Victims of these injuries will likely have considerable financial damages. They can seek compensation if a negligent party caused their harm. Because time is limited to do this, seeking legal assistance promptly is often a good idea.]]>On Behalf of The Law Offices of Miller & Bicklein, P.C.https://www.mblaw.org/?p=570382024-01-05T06:36:04Z2024-01-05T06:36:04Zthree categories: visual, cognitive and manual. Understanding these is critical for drivers and anyone who’s on the roads.
Visual distractions
This type involves anything that takes your eyes off the road. It could be as simple as checking a GPS device, glancing at a text message or looking at a billboard. Even seemingly harmless actions like checking your appearance in the mirror can momentarily divert your attention, increasing the risk of an accident.
Cognitive distractions
These are distractions that take your mind off driving. Engaging in a deep conversation, whether with a passenger or on a hands-free device, can be a significant cognitive distraction. Even when your eyes are on the road, your mind may not fully process your driving environment.
Manual distractions
These distractions involve taking your hands off the wheel. Eating, drinking, adjusting the radio or climate controls or reaching for something in the car all fall into this category. Manual distractions compromise your ability to steer and react quickly. Even a brief moment with one hand off the wheel can significantly reduce your control, especially in emergencies.
Even drivers who are fully attentive to the road are at risk of being involved in a distracted driving crash if other drivers aren’t paying attention. These crashes can be significant, and victims may require medical care. They may be in a strong position to seek compensation for the financial impacts of the wreck from the at-fault distracted driver in question. As a result, seeking legal guidance under these circumstances is generally wise.]]>On Behalf of The Law Offices of Miller & Bicklein, P.C.https://www.mblaw.org/?p=490102023-12-14T07:19:57Z2023-12-19T07:19:29ZOver the decades, pickup trucks have been getting larger. It’s very trendy right now for people to buy oversized pickup trucks, such as the Toyota Tundra or the Chevy Silverado. These may have the same names as older versions of these vehicles, but comparing them to past generations shows that the current trucks are much larger. Additionally, people sometimes put lift kits on their trucks to make them even higher than they are with the stock options.
But this is a very dangerous trend. People who drive these vehicles often do feel safe while doing so, in part because of the vehicle's height and weight. But the reality is that these vehicles are highly dangerous and they put everyone else on the road at significant risk.
An increase in fatality odds
One way to look at this issue is to consider the fact that an oversized pickup truck is 159% more likely to cause a fatal accident where the fatality is suffered by someone in the other vehicle.In other words, there is always the chance that an accident will result in a fatality, even if it is just two small passenger sedans. But if one of these oversized pickup trucks hits a sedan, then it is vastly more likely that the person in the passenger car will be injured or killed, even if the person in the pickup truck is not hurt.These trucks are also incredibly dangerous for pedestrians and children. Due to their height, they often have massive blind spots that can hide vehicles or groups of children. People get injured in parking lots or when they are trying to cross the street. Cyclists are also often hidden in these blindspots and may suffer fatal injuries in a collision.Unfortunately, the oversized pickup truck trend doesn’t seem to be fading, so everyone is going to have to deal with these significant risks. Those who have been injured by negligent pickup truck drivers need to know how to seek financial compensation.
]]>On Behalf of The Law Offices of Miller & Bicklein, P.C.https://www.mblaw.org/?p=490092023-11-30T07:43:28Z2023-12-05T07:43:02ZDisability benefits can leave a gap
Most employees who get hurt on the job in Texas can file a claim for workers' compensation benefits. Those benefits can help pay for someone's treatment expenses. If someone has to change professions or take a leave of absence, they can also seek disability benefits.
Unfortunately, disability pay often can't meet the needs of well-compensated blue-collar workers. At most, workers can receive up to 100% of the average weekly wage in Texas. That wage will likely be substantially lower than the average weekly wage of the injured oil and gas employee. Additionally, certain types of disability benefits only qualify a worker for 70% of the average weekly wage across the state.
Workers hurt in transportation incidents or due to defective machinery might be able to pursue a third-party claim in addition to a basic workers' compensation benefits claim. A successful third-party lawsuit can close the gap between what a worker has lost and what workers' compensation will cover.
Recognizing that oil and gas professionals often need more than state benefits can offer may inspire those struggling after a recent on-the-job injury to seek legal guidance accordingly.]]>On Behalf of The Law Offices of Miller & Bicklein, P.C.https://www.mblaw.org/?p=490082023-11-22T06:07:44Z2023-11-27T06:07:13Zfar longer to stop than passenger cars. A standard car may need around 300 feet to stop, or the length of a football field. On average, a fully loaded semi-truck traveling at highway speeds might require approximately 400 feet to 600 feet to come to a complete stop under normal driving conditions. This distance is considerably longer than that of a passenger car due to a truck's size and weight.
Factors affecting a semi-truck's stopping distance
Drivers need to be aware of these significant stopping distances when driving around trucks, as this knowledge can impact one’s safety. Some considerations include:
Weight: Heavier trucks carrying a substantial load require more distance to stop compared to lighter trucks.
Speed: Higher speeds result in longer stopping distances. The faster a truck is moving, the more distance it will need to stop safely – this is part of the reason why trucks sometimes have lower speed limits on the interstate.
Road Conditions: Slick roads can massively increase stopping distances for all vehicles, including semi-trucks. Drivers must be wary of rain, snow, sleet, ice and hail.
Brake Condition: The condition of the truck's braking system plays a crucial role. Well-maintained brakes are essential for effective stopping. Trucking companies are sometimes liable for accidents when trucks haven’t been maintained correctly.
Driver Reaction Time: The time it takes for a truck driver to realize that they need to slow down or stop, combined with the time it takes for them to actually press down on the brakes, makes up their reaction time. The Federal Motor Carrier Safety Administration (FMCSA) prohibits handheld device use in part to keep drivers alert so that they can react quickly.
Due to their longer stopping distances, it's crucial for semi-truck drivers to maintain a safe following distance and to drive defensively so that they can more effectively anticipate and mitigate potential hazards on the road. Additionally, passenger vehicle drivers should be aware of a semi-truck's limitations and avoid cutting in front of them or making sudden stops in their path to better prevent accidents from occurring.]]>On Behalf of The Law Offices of Miller & Bicklein, P.C.https://www.mblaw.org/?p=490072023-11-21T06:56:26Z2023-11-24T06:55:36ZThere are two separate rules for physician selection
The details about an employer's insurance coverage determine what options an injured worker has. If the insurance company providing coverage has a healthcare network, the injured worker must select a physician who is part of that network.
The only likely exception would be emergency treatment received immediately after an incident. All ongoing care will need to be through an in-network provider. There will typically be an assortment of physicians who participate with a specific network, and the final choice is up to the patient. Employers and insurance providers can suggest specific professionals but don't have the authority to choose on behalf of the injured worker.
If the insurance company or a self-insured employer does not participate in a network, then the worker can choose essentially any doctor that they wish. However, they will want to check to ensure that the doctor is not one of the physicians in Texas who refuses to accept workers' compensation cases. In scenarios in which a patient changes their mind about their doctor, possibly because of how a physician manages their case, they will need to receive authorization from the Division of Workers' Compensation to switch their care to a different position.
For many workers, the ability to choose one's own doctor is important, as those selected by employers may feel a sense of loyalty to the company, not to the patient. Learning about the rights that workers have when they require treatment for a job-related health condition can help people to make informed choices about their rights and options under the law.]]>On Behalf of The Law Offices of Miller & Bicklein, P.C.https://www.mblaw.org/?p=490062023-11-16T08:58:41Z2023-11-21T08:58:30ZPrincipales causas de accidentes de camiones
La mayoría de los accidentes de camiones son evitables. Con el aumento del tráfico de camiones, también crece el riesgo de accidentes que causan lesiones graves. Conductores fatigados, distracciones, mantenimiento inadecuado, carga mal asegurada y piezas defectuosas son factores comunes y prevenibles que desencadenan tragedias en las carreteras (enlace en inglés).
Estadísticas impactantes
Los camiones desempeñan un papel importante en la economía del país. Sin embargo, esta importancia económica viene acompañada de un riesgo de colisiones debido a su gran tamaño, la larga distancia de frenado y las largas jornadas laborales de los conductores.
En el 2020, el exceso de velocidad fue la causa más común de colisiones fatales de camiones, contribuyendo al 7.3% de los accidentes mortales. La fatiga e inatención del conductor ocuparon el segundo lugar, representando el 5.2% de las colisiones mortales (enlace en inglés).
Una consideración importante es que, en el 2021, el 72% de las víctimas mortales en accidentes con camiones grandes no fueron ocupantes de estos vehículos, subrayando la vulnerabilidad de quienes comparten la carretera con estos gigantes de la carretera.
En el complicado mundo de los accidentes de camiones, encontrar el camino hacia la justicia puede parecer abrumador. En caso de un accidente, un abogado con experiencia debe investigar lo ocurrido para identificar las causas, así como manejar todos los aspectos legales, permitiéndole enfocarse en su recuperación.
Un abogado con experiencia en lesiones personales puede ser su aliado para enfrentar este evento y buscar un futuro más justo para quienes han sufrido a causa de la negligencia.]]>On Behalf of The Law Offices of Miller & Bicklein, P.C.https://www.mblaw.org/?p=490042023-11-15T07:33:15Z2023-11-20T07:33:00ZIf you have been injured at work in Texas and suffered a permanent disability, you may be entitled to lifetime injury benefits (LIBs). These workers' compensation benefits provide 75% of your average weekly wage for life, with a 3% annual increase. A successful claim can help you cover your medical expenses, lost income and living costs.
But how do you know if you qualify for LIBs? And what can you do if your claim for these benefits fails? You can find answers to some of your questions below.
Who is eligible?
Lifetime injury benefits may be available to employees who suffer specific severe and permanent injuries in the workplace. These injuries include:
Losing the use of one or both hands or feet
Losing sight in both eyes
Suffering a spinal cord injury that causes complete and permanent paralysis of one or more appendages (arms and legs)
Suffering a traumatic brain injury that results in incapacitating neurocognitive disorders
Suffering third-degree burns over an extensive part of the body
Suffering third-degree burns over one or both hands and the face
If you have any of these injuries, you may be eligible for LIBs. However, you must prove you suffered the injury while performing your work duties.
What should you do if your claim fails?
You have the right to appeal if the insurance carrier denies your request for LIBs. As you might expect, this is a complicated process that involves documentation, evidence-gathering and possible meetings with the insurance carrier. Legal guidance can help you meet the eligibility requirements for your LIB claim and ensure you make no filing errors.]]>On Behalf of The Law Offices of Miller & Bicklein, P.C.https://www.mblaw.org/?p=489772023-10-30T07:16:49Z2023-11-02T07:15:56ZWhile any car accident can be catastrophic, one type in particular can be especially dangerous -- the underride crash.
It's essential to understand why these types of crashes are so devastating, how they happen, and how you may be able to prevent them.
What is an underride crash?
An underride crash occurs when a smaller vehicle, such as a car or motorcycle, slides underneath the trailer of a much larger vehicle, like a semi-truck. In 2021, more than 400 people died due to an underride crash. There are several reasons why this type of accident usually results in severe injuries or fatalities, including:
Size disparity: The massive size of a semi-truck means that a smaller vehicle can get wedged underneath. The force of the collision causes the car's roof to collapse.
Ineffective safety features: Passenger vehicles have multiple safety features to protect the occupants in a collision with another car. However, these same features aren't activated when a car slides under a truck.
Speed: Most underride crashes happen on the highway, where vehicles drive fast. The speed the vehicle slides under the truck and becomes wedged amplifies the force of the collision.
These accidents usually happen when the larger vehicle is making a turn, stops suddenly, or even if it's parked and the smaller vehicle cannot stop in time to avoid collision.To prevent these types of accidents from occurring, semi trucks have rear guards to prevent cars from sliding underneath in a rear-end collision. Still, trucking companies need to do more. Several senators have repeatedly put forth legislation requiring semi-trucks to have underride guards on the side, but the bill hasn't made it any further.Victims who survive underride crashes typically suffer from life-changing injuries. Compensation can help provide financial security while they recover.]]>On Behalf of The Law Offices of Miller & Bicklein, P.C.https://www.mblaw.org/?p=489762023-10-12T05:55:33Z2023-10-17T05:55:14ZIf you get injured on the job, you know that you need to report that injury to your employer. This is an important step in seeking workers’ comp benefits. The company needs to know that you were injured on the job, and as much information as can be provided is beneficial, especially in showing that the injury was work-related and didn’t happen at home.
But are there any important deadlines that you need to be aware of? Could an oversight or a missed deadline mean that you aren’t able to seek the benefits you both need and deserve?
The law provides 30 days
Under state law, you do get 30 days to report your injury. Not doing so can harm your chances of getting benefits.Additionally, the law says that you have 30 days from the time that you knew your injury was connected to your employment. There are some injuries that are not immediately apparent, and the signs and symptoms may only become clear days or even weeks into the future. Of course, there are many other injuries that are obvious immediately, meaning that the 30 days would start as soon as the accident occurred.All this being said, it is important to note that waiting longer to report the injury can sometimes complicate your claim. If you get hurt at work and report it the same day, while you’re still on the job, your employer knows about the situation the entire time. Even if you wait a single day and report the injury the next morning, that could open the door for accusations that you were hurt while you weren’t actually on the clock. As such, it’s usually best to report the injuries as soon as they happen, even though the law gives you 30 days.Seeking workers’ comp can be complicated. Make sure you know what steps to take.]]>