On the automobile accidents front, there’s good news and bad news. The good news is that the rate of traffic accidents nationwide continues to steadily decline. The bad news is that the rate of car accidents in San Antonio has not—a statistic law enforcement officials are working very hard to lower.

Nationally, the U.S. Department of Transportation reported a 3% decline in fatalities attributable to automobile accidents in 2010—the most recent data available—to 32,788 cases, down from 33,808 the prior year. This downward trend has been holding steady since the middle part of the 20^th century, with modern cars’ safety features, such as impact crumple zones and sensing systems, largely credited for the decline.

Modern manufacturing improvements collectively contributed to a 25% drop in car accident fatalities since 2005. Also credited for this drop are aggressive public awareness campaigns warning of the dangers of drunk driving or texting while driving. This is very good news from a national standpoint. However, car accidents in San Antonio continue to occur at a rate many of us living here would like to see lowered.

Overall, in Bexar County—of which San Antonio is the seat—in 2010, there were more than 32,900 automotive accidents. More than half of those were non-injury crashes. However, over 13,000 others were wrecks that resulted in injury. Broken down further, nearly 3,500 of car accidents in San Antonio and the rest of Bexar County were in the serious injury category, with roughly 150 proving fatal.

By any measure, statistics related to car accidents in this region are sobering. Given those statistics, there is, unfortunately, a pretty good chance you’ll be involved in a car wreck in San Antonio—ranging from either a minor fender-bender to a car accident resulting in injury.

If you find yourself in the unfortunate position of having been involved in a car accident, you will need reliable representation to guard your best interests. Among those on the legal team at de la Riva & Associates are attorneys specializing in personal injury and general litigation law.

Car accidents in San Antonio have led many a San Antonio citizen to the courtroom. However, achieving victory in a case related to a car wreck depends entirely on the quality of your legal representation. Since its founding in 2005, de la Riva & Associates has established itself as one of the city’s most respected firms, given its customer-driven approach to clients.

Our firm also has distinguished itself with its attorneys’ knowledge of the entire breadth of Texas law and beyond. Our roster includes clients not only throughout Texas, but also across the United States, Mexico, Canada, and beyond. In paying attention to our customers’ needs with empathy and compassion, we do not compromise our aggressiveness and tenacity in the courtroom.

Our managing partner, Isabel de la Riva, distinguished herself early on as the type of aggressive lawyer you need on your side when faced with personal injury as a result of a car accident. A graduate of the prestigious St. Mary’s Law School in San Antonio, she received her Juris Doctorate there and emerged with magna cum laude honors. During her law school education, she received several awards for her advocacy skills—including as a finalist in the American Trial Lawyers Association Mock Trail and the Novice Mock Trial.

Ms. de la Riva has set this advocacy tone as a key part of the corporate culture at her namesake law firm. Let de la Riva & Associates be your advocates in the courtroom. Call (210) 224-2200 or contact us at info@delariva.com if you’re ever in need of top-ranked legal representation. You can also visit our website at delarivalaw.com, and don’t forget to “like” us on Facebook!

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In most personal injury cases, damages are classified as “compensatory,” meaning that they are intended to compensate the injured plaintiff for what was lost due to the accident or injury. A compensatory damages award is meant to make the injured plaintiff “whole” again from a monetary standpoint (to the extent possible).

Here is a rundown of the different types of compensatory damages that are common in many personal injury cases.

Medical treatment. A personal injury damages award almost always includes the cost of medical care associated with the accident—reimbursement for treatment you’ve already received and compensation for the estimated cost of medical care you’ll need in the future because of the accident.

Income. You may be entitled to compensation for the accident’s impact on your salary and wages—not just income you’ve already lost, but also the money you would have been able to make in the future, were it not for the accident. In personal injury ‘legalese,’ a damage award based on future income is characterized as compensation for an accident victim’s “loss of earning capacity.”

Property loss. If any vehicles, clothing, or other items were damaged as a result of the accident, you’ll likely be entitled to reimbursement for repairs or compensation for the fair market value of the property that was lost or damaged.

Pain and suffering. You may be entitled to get compensation for pain and serious discomfort you suffered during the accident and in its immediate aftermath—also for any ongoing pain that can be attributed to the accident.

Emotional distress. Usually linked to more serious accidents, emotional distress damages are meant to compensate a personal injury plaintiff for the psychological impact of an injury—including fear, anxiety, and sleep loss. Some states consider emotional distress as part of any “pain and suffering” damage that is awarded to a personal injury plaintiff.

Loss of enjoyment. When injuries caused by an accident keep you from enjoying day-to-day pursuits like hobbies, exercise, and other recreational activities, you may be entitled to receive “loss of enjoyment” damages.

Loss of consortium.  In personal injury cases, “loss of consortium” damages typically relate to the impact the injuries have on the plaintiff’s relationship with their spouse—the loss of companionship or the inability to maintain a sexual relationship, for example. Some states also consider the separate impact on the relationship between a parent and their child when one is injured. In some cases, loss of consortium damages are awarded directly to the affected family member rather than to the injured plaintiff.

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Immigration lawyers represent people who are trying to obtain United States citizenship by working in cooperation with strict guidelines for legal entrance into the country. The lawyers at de la Riva & Associates will explain all the available options thoroughly, and will help you fill out the necessary forms for available avenues of action. It takes a deep knowledge of the system to work it toward one’s advantage. An experienced immigration attorney can do just that. In Texas, a state that has the second largest population of illegal immigrants in the United States after California, immigration law has become a monumental issue affecting a huge number of families, and a qualified San Antonio immigration attorney is an important tool for these families.

The United States has historically allowed a large number of immigrants to enter the country, and from 2000-2010, roughly 14 million people immigrated to the United States, mostly from Mexico, India, the Philippines, and China. The rate of immigration continues to increase despite stricter policies that arose after 9/11. There may be as many as 1.5 million illegal immigrants entering the United States every year, and over 8% of children born belong to illegal parents. In the country, illegal immigrants face discrimination and inadequate economic opportunity. A San Antonio immigration attorney searches for and finds avenues to help a person overcome these obstacles and enter the workforce on more equal footing, with the dignity and respect every person deserves.

During the naturalization process, a lawyer follows certain steps to help individuals and their families, including filling out all proper documents and helping with any language barriers. A background check will be given, and fingerprints taken. Then there will be an interview with immigration personnel (your immigration attorney can be present at this meeting if desired), and a written test that demonstrates the applicant’s knowledge of basic United States government. The lawyers at de la Riva & Associates are aware of processes and rights you may not have been able to study. Engaging the services of a San Antonio immigration attorney is a necessary step to gain citizenship with as little anxiety as possible.

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A contract ensures that two or more parties are legally responsible for certain provisions. The rules listed in the contract are mutually agreed upon, and any breaches of the contract can result in a lawsuit. Contracts are especially important when companies work together to exchange goods and services; in instances where a company may lose much-needed capital due to the negligence of another, a contract is necessary for the latter company’s proper behavior. Breach of contract lawsuits support the viability of contractual agreements by ensuring that companies pay claimants for any loss of profit, depending on the type of breach of contract.

An illustrative example of a breach of contract lawsuit is the incorrect replacement of pipes. If a plumber replaces pipes in a home and uses a different type of pipe than was promised—let’s say plastic instead of cast iron—then a breach of contract is apparent. In this case, the company must make up for the home’s loss in value. If the plastic pipes lower the value of the home by a few thousand dollars, then the company must give this amount to the homeowner, as well as the cost of litigation.

A rather influential example of breach of contract law is the very first one in its history: Hadley vs. Baxendale, all the way back in 1854. In this case, a miller, Hadley, and his partner used a steam engine to clean grain. This was a time when it was no longer necessary for millers to employ a large number of workers; newly invented machines made up the difference. The millers had recently acquired a steam engine that enabled them to work alone. But a crankshaft of the engine broke and they sent for a replacement. The repairmen requested they send the broken crankshaft so they could make sure they made one of the correct size, and the deliverers (Baxendale), hired by Hadley, failed to deliver the broken shaft to the repairmen in time. The millers were unable to work during this time, their sole means of production unusable.

A lawsuit was filed against the deliverers; however, Baxendale argued that since he did not know that late delivery of the part would cost Hadley and his partner revenue in terms of down time, he could not be held accountable for the losses. Though a jury initially sided with Hadley, upon appeal, a judge ruled in favor of Baxendale, setting a precedent for breach of contract lawsuits that generally unforeseeable repercussions (or those that were not stipulated in advance) should not cause a defendant to be liable for the incurred damages or losses.

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San Antonio recently introduced laws against the use of cellular devices by people who are under 18 and learning to drive. There are also bans on using cell phones while driving near schools, and most recently, lawmakers instituted a ban on texting while driving, put into effect in the early months of 2011. Since its beginnings, widespread texting has become a danger to drivers. About 385 billion text messages were sent during the first half of 2008, while 790 billion text messages were sent during the same period in 2009 and the number of text messages sent  has continued to climb. With the introduction of new laws against cell phone use while driving in San Antonio, it has become important to provide legal services to those who must pursue a text message lawsuit.

Texting while driving is comparable to drunk driving—and sometimes even more harmful! A test of novice drivers found that they looked away from the road 400% more times when they were texting than when they were not. A person looks away for approximately 4.6 seconds to process a text message, during which time your car could travel the equivalent of a football field while traveling on a highway. In fact, 28% of car accidents can be blamed on the use of cellular devices. There is no doubt that texting while driving is extremely risky behavior.

Perhaps the most telling example of a texting incident is the recent Chatsworth train collision. In 2008, the engineer for a passenger train was texting and missed a red light, resulting in a fatal head-on collision with a freight train. It must not become socially acceptable to behave in such a reckless manner, which is why law firms like de la Riva & Associates work to emphasize the danger of cell phone use on the road. These laws must become status quo. Be careful of those cars that drift out of the lane, that swerve as if they were drunk: it could result in a fatal accident, made all the more tragic because it is preventable. If you have been the victim of such an accident, call de la Riva & Associates for help with your text message lawsuit.

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