Category: Blog

Child car seat safety tips that you need to know:

• The legal requirements for car seats.
• What type of seat is appropriate for your child’s age and weight?
• Where should your child sit in the car?
• No winter coats.

Child car seat safety can be a matter of life and death. Motor vehicle crashes are a leading cause of death for young children. Young children who are properly positioned and secured in a seat suitable for their height and weight have a considerably greater chance of surviving a car crash.

The CDC reports that the use of child car seats in passenger vehicles reduces the risk of death or injury to children 3 years of age or younger by 71-82%, and booster seats reduce the risk of serious injury to children between the ages of 4 and 8 by 45%.

Car Seat Safety Tips for Infants

The best child car seat safety tips for infants are to keep kids 3 years of age or younger in rear-facing seats for as long as possible. Only once they have outgrown the seat manufacturer’s maximum weight and height limits should a child be moved to a forward-facing seat.

Forward-Facing Child Car Seat Safety Tips

To maximize safety, kids should use a forward-facing seat that is equipped with a harness and tether until they reach the height and weight maximum limits set by the manufacturer, which may occur around 7 years of age.

Boosters’ Seats

Once a kid has outgrown their forward-facing seat, child car seat safety best practices require that the kid use a belt-positioning booster seat until he or she is tall enough to safely use a vehicle’s manufacturer-installed lap/shoulder seat belts.

Child Car Seat Safety Tips for Seat Belts

Child car seat safety best practices permit children to graduate to wearing seat belts once they have outgrown boosters, which typically occurs when the child reaches 4’9” and/or is 8 years of age or older. Like adults, children should use both lap and shoulder belts to ensure the most reliable protection. It is important to remember that for a seat belt to fit properly and provide the protection it is designed to provide, the lap belt must fit snugly on a child’s upper thighs and the shoulder belt should fit across the shoulder.

Having Kids Ride in The Rear Seat

Child car seat safety experts agree that young kids should ride in the rear seats of vehicles until they reach the age of 13, because the force of front-seat air bags is particularly dangerous for kids under the age of 13.

Remove Children’s Winter Coats

Experts recommend that kids should not wear their winter coats while secured in their car seats because it can leave the harness too loose to protect children in the event of a car crash. The seat’s harness should fit tightly to the child’s body, approximately at the armpit level. To keep children both safe and warm, you can drape a blanket and/or a child’s winter coat over the top of the child once he or she has been safely secured in his or her seat and the harness has been securely fastened. If you or your child have been injured in a car crash and you have questions about your legal rights, you can call for a consultation with one of our experienced motor vehicle accident attorneys.

A broken hip is a devastating injury. Getting full strength and motion back can take as long as a year. During that time, the patient may endure multiple surgeries, physical therapy, and significant mobility limitations. Elderly patients are especially prone to hip fractures. A lawsuit against the responsible party may be warranted when a slip-and-fall accident leads to a broken hip.

Slip-And-Fall Accidents in Texas

Slip-and-fall accidents fall within the scope of premises liability, a legal standard that holds property owners and other responsible parties (like tenants) responsible to varying degrees for injuries that occur on their property. The rules governing such a situation depend on the location of the injury and its specific cause.

Homeowners and residential tenants owe a duty to visitors to take reasonable steps to ensure that visitors are not injured by hazards on their properties. The reasonableness of the steps taken by a homeowner to address a hazard will vary according to the facts of the case. For example, a homeowner may or may not be required to warn visitors if a walkway is slippery during rainy weather. Businesses that are open to the public are held to a higher standard of care than homeowners are. They are required to keep their premises reasonably safe for use. Unlike a homeowner, a business needs to take affirmative steps to ensure that its facilities are free of hazards. Textbook slip-and-fall cases usually involve things like poorly maintained stairs, a failure to clean up a spill, or inadequate safety precautions around dangerous conditions like broken floor tiles.

Damages Recoverable for Broken Hips

A plaintiff who has suffered a broken hip in a slip-and-fall accident that resulted from the defendant’s negligence can often recover compensation for the damages associated with the injury. Damages include medical expenses, lost wages, transportation costs, short-and long-term modifications to a home, and physical therapy. Damages can also include compensation for pain and suffering, loss of enjoyment, and other personal consequences of the injury. Someone injured in a slip-and-fall accident has two years to file a lawsuit in Texas. Victims of someone’s negligence should consult an attorney right away. Quite often, there are important pieces of evidence, essential witnesses, and time-sensitive strategies that need to be addressed as soon as possible following the accident.

For several years, The Valenzuela Law Firm, PC has represented clients in personal injury cases. Our attorneys are available for consultations to discuss your injury and your options for filing a lawsuit. Through our contact page, we can be reached at any time to schedule an appointment or ask us to call you.

The National Highway Traffic Safety Administration reports that the frequency of traffic fatalities is three times greater at night. Even though only 25% of all driving occurs at night, it accounts for more than 50% of all traffic deaths. During the fall and winter, it gets dark earlier, and the weather can be treacherous. In addition, there are generally more large commercial trucks transporting and delivering goods in anticipation of the holiday season. Driving at night between October and February can be more dangerous than at other times of the year.

The dangers associated with night driving and large trucks are present all year round. Here are some of the issues to consider when driving at night around large commercial vehicles.

• Blind Spots

The drivers of tractor-trailer trucks typically have reduced visibility due to blind spots. The primary blind spots are along the right front quarter, at the left rear corner, and directly behind the vehicle. If you are unable to see the driver’s side-view mirror on a semi-truck, you are likely in one of their blind spots.

• Right Turns

A vehicle’s rear wheels have a shorter path, making them more likely to hit curbs during turns. Large trucks need a wider distance to execute a turn. Therefore, you often see tractor-trailer drivers swerve to the left before turning right. You should avoid passing trucks on the right when approaching intersections to prevent yourself from getting caught between the truck and a curb.

• Passing

Don’t pass a truck while it is backing up. The driver may be unable to see you. Pass trucks on the left-hand side and remember to maintain your speed. Make sure you allow adequate space between yourself and the tractor-trailer before changing lanes back in front of a truck, since trucks require a lot of distance to slow down.

• Mirrors

Make sure your mirrors are properly positioned to minimize blind spots. From the driver’s seat, you should have some visibility of the left rear corner of the car. Be sure to keep your exterior mirrors clean so they don’t obstruct your vision.

• Oncoming Car Headlights

Avoid staring directly into the headlights of oncoming vehicles. Adjust your rear-view mirror to dim the bright headlights of vehicles approaching you from the rear.

Immediately After an Accident

Stay at the scene. Stop your vehicle as soon as you can do so safely. Every state requires drivers to stop after an accident if it’s safe to do so. Fleeing the scene of an accident could lead to criminal charges, even if the accident wasn’t your fault.

Pull over to safety. If it’s possible, pull your vehicle off the road to a safe place. If other cars can, they should also be moved to the side of the road.

Turn off your car. Be sure that every vehicle involved in the accident has been turned off. This will help to reduce any potential risks from fire.

Take stock. Your adrenaline is likely pumping. Take a minute to calm yourself after the shock of the accident. Calming down will help you get your thoughts together.

Check for injuries. Injuries are your first concern for yourself, passengers, and then anyone else involved in the accident. Even if there are only minor injuries, make a note, as people may try to claim them later.

Call us Today for a Case Evaluation

If you have been injured in an accident involving a large truck at night, you may be entitled to compensation. For a consultation with an experienced truck accident attorney, call The Valenzuela Law Firm, PC today or contact us online.

If you have been injured in an accident like a car accident or a workplace injury accident, you may want to contact a Texas personal injury attorney to file a claim against the individual who is at fault. Filing a legal claim will give you the opportunity to get compensated for property damage, lost wages, pain and suffering, medical treatment, and various other damages that you may be legally entitled to.

Although most personal injury lawsuits are settled by insurance companies, a few cases do end up going to trial. It is crucial for you to know what to expect should this happen with your claim.

The Diverse Components of a Personal Injury Claim

When cases go to court, they go through various steps, from start to finish. A jury will need to be selected in many personal injury cases. A jury can be composed of 12 or fewer individuals who are selected and questioned by the judge. The judge will ask numerous questions of the selected individuals to see their personal views on various case types and to learn more about them personally. Questioning a juror helps a judge determine if a person is a good candidate or if they have certain biases.

After a jury is selected, the case will move to trial. Trials for personal injury claims typically start with opening statements. The prosecution and the defense will each be allotted time to make an opening statement in support of their legal claim. Typically, a Texas personal injury attorney supporting the victim will give their opening statement first because they have the burden of proof.

The Burden of Proof

To file a successful claim against an at-fault party, the claimant must clearly demonstrate the burden of proof. After opening statements are heard, the next step is to present the evidence. Personal injury attorneys in Texas will generally call witnesses to testify to back up the evidence presented during the trial. Some witnesses can be individuals who personally witnessed an incident occur, doctors, financial experts, or even experts who re-create the scene of the incident.

After the claimant’s attorney presents all the relevant evidence, the defense is given an opportunity to present evidence of their own. Defense attorneys can call witnesses and present documentation to support their argument against the claimant. After both sides present their evidence, each side will be given the opportunity to cross-examine witnesses.

After witnesses are cross-examined, both sides will begin their closing arguments. The defense and plaintiff are both given one final chance to try and persuade the jury to get a favorable outcome. The jury will then deliberate in a separate room and come to their own conclusion or verdict. Personal injury cases, like car accidents, are usually deliberated rather quickly. In some cases, it can take several days. Once a verdict is reached, the jury informs the judge, and then they present the verdict to both parties.

Our Personal Injury Attorney Can Help You

If you were injured in an accident, it is imperative to contact an experienced personal injury attorney in Houston, Texas to assist you with your claim. The attorneys at The Valenzuela Law Firm, have extensive experience helping victims achieve the highest and best results for their claims.

Traumatic brain injuries are typically very serious injuries that can take a long time to heal or learn to live with if they are a permanent part of your life. The effects of a brain injury on your life can vary depending on the seriousness of the trauma. An example is Cognitive Deficiencies is a term that describes impairment in and individual’s mental process. This can require Cognitive therapy and may keep you from keeping or getting a job. They can also cause emotional effects and negative psychological effects on families.

An investigation will take place if a brain injury has been caused by negligence. Figuring out what caused the slip and fall as quickly as possible is one of the most important elements of your claim. This is because, to determine liability, you must find out who was responsible and how they were acting recklessly. You must be able to prove that the owner of the property should have known about the dangerous condition. Conditions that may have led to your accident could include ice, water, oil, power cords, loose carpeting, inadequate lighting, and so much more.

Understanding Head Trauma

Unfortunately, many assume that once a person has been sent home, there is nothing else to worry about. This can be a very dangerous assumption, since any significant trauma to the head can have delayed symptoms that are subtle and debilitating and can last months or even years after the original accident.

Severe symptoms of traumatic brain injury require immediate medical care and can include:

• Persistent headaches
• Balance problems
• Intermittent nausea
• Excessive sleepiness
• Slurred speech
• Vomiting
• Confusion

Concussion vs. Brain injury

There’s a growing recognition in the United States of the seriousness of brain injuries. For instance, fans of team sports like football and hockey have probably noticed how schools and professional leagues have created new rules and protocols dealing with concussions. But it’s worth noting the difference between a concussion and a brain injury.

A traumatic brain injury, also called a TBI, is any injury to the brain resulting from a blow to the head or body. It can be just an impact, or it can involve penetration of the brain tissue. TBIs range in seriousness from mild to moderate to severe. Symptoms can be anything from headaches, tingling in the hands, or the feeling of pins and needles after a head injury, to permanent brain damage and loss of vision, and can even be deadly. People can experience traumatic brain injury symptoms years later.

A concussion is a type of traumatic brain injury where brain function is affected by a jarring blow or collision to the head or body. The brain is jostled back and forth in the skull, which can damage brain cells and alter brain chemistry. Some refer to a concussion as a mild TBI, though often such a head injury has delayed symptoms too.

Bringing a Legal Claim

Whether or not you can bring a legal claim depends on many circumstances, like who caused it, where it happened, and more. If you sustained your fall on a business property, then the owner of the property could be held liable for causing the dangerous condition or failing to stop it from happening. As many victims will tell you, there are many benefits to filing a brain injury lawsuit. If your injury has negatively affected your life and you now require long-term care, have lost your means of income, and suffer from emotional stress, a lawsuit may be your best option. However, you should consider this before the statute of limitations runs out on your case. Speak to somebody as soon as you discover you have sustained a life-changing brain injury and get the help you deserve.

A personal injury case can be an unfamiliar experience for most people, which is why they turn to an attorney to guide them through the process. Although recent statistics show working with a lawyer helps plaintiffs in accident cases recover more compensation on average than people without representation, not all attorneys are created equal. Some attorneys don’t meet their clients’ expectations, or a case needs a fresh set of eyes.

Here are some frequently asked questions and answers about how and why you would change your attorney in a personal injury case.

COMMON FAQs

1. Can I Switch My Personal Injury Lawyer During the Case?

Yes. You can switch your personal injury lawyer at any time during your case for any reason. You have the right to terminate your lawyer’s services without any notice. If you feel it is in your best interest to change lawyers, you have the right to choose another attorney to represent you without needing to provide notice or even talk to your old lawyer.

Most personal injury cases are handled on contingency fees where attorneys get paid after a financial recovery is secured. This means the attorney fee you pay will not increase if firms are changed and that attorneys who work on your case and are entitled to a portion will split one payment between them.

2. Why Would I Get a New Injury Lawyer?

People change attorneys in their personal injury and workers’ compensation cases for many reasons. It is often due to personality conflict, poor communication, missed deadlines, unprofessional conduct, conflicting advice, and lack of experience with the case. Nonetheless, this does not exhaust the list of reasons why you would need to change your attorney.

At the Valenzuela Law Firm, we understand that most people don’t know how personal injury cases work. It’s why we take the time to help clients understand the legal process, their rights and available options, and what they can expect as their case progresses.

3. What is the Process for Changing a Lawyer?

The most important thing is to do your research and ask for referrals for new potential attorneys. Schedule a consultation with a new lawyer you’re considering hiring and know what questions to ask a potential lawyer to learn about their experience. You can also bring case records to your consultation with a new lawyer so they can see what your case entails and where it is currently at in the process.

Choose your new attorney before terminating your old one. Choosing a new lawyer first can help minimize delays and make the transition a smooth one. Your new lawyer can equally help review your existing agreement, terminate your relationship with your former lawyer in writing, inform the necessary parties of new counsel, and collect your case files.

Switching your attorney may sound like a significant change, but it can sometimes be the best decision for a case. By knowing your rights and working proactively to vet potential candidates, you can effectively change your lawyer during a personal injury case and continue fighting for the compensation you deserve. If you are looking for a new attorney or fresh eyes for your case, contact us today!