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Corpus Christi Personal Injury Attorney Blog

Feds May Require Mining Companies to Reveal Fracking Chemicals

Hydraulic fracturing (or "fracking" as it is popularly known) is an innovative technique that has allowed mining companies to reach rich, previously inaccessible oil and natural gas deposits. At a fracking site, water laced with sand and a cocktail of chemicals is injected deep underground, creating a web of fissures in subterranean rock formations. The cracks allow oil and gas to flow freely, making for easy extraction.

Some of the fracking fluid is removed from spent mines and disposed of offsite - but a large portion remains locked safely within the earth, at least according to mining companies. Despite industry assurances, the potential for chemical spills into groundwater supplies has caused widespread concern.

Road Safety a Major Concern in Areas Near Eagle Ford Shale

The roads in Corpus Christi, Texas, and nearby areas are suffering the side effects of hydraulic fracturing. The heavy equipment and frequent use of the roads leading to the Eagle Ford Shale formation mean extreme wear and tear. When this combines with the potential for fatigued truck drivers, residents and workers alike face a dangerous situation.

Hydraulic Fracturing's Toll on the Roads

The hydraulic fracturing process (also known as "fracking") requires significant amounts of heavy materials such as water, which weighs 8.3 pounds per gallon. In most cases, the water and other materials are brought to the wells by truck. In fact, one well can add the equivalent of 8 million car trips to the roads leading back and forth. The trucks travel over roads that have not been designed for such intense use, causing damage such as narrow patches of road, drop-offs at the edges and potholes.

Local and state governments are ill prepared to pay for the damage to the roads or to rebuild a new network of stronger roads. Industry has not paid for all the damage the trucks have caused. While both the private and public sectors are studying the problem and seeking solutions, many of the roads remain in dangerously poor repair.

Truck Accident Dangers in the Oil and Gas Industry

A crude oil tank explosion caused a three-alarm blaze at a biodiesel plant in Galveston, Texas. Boiling crude oil fed the fire and required 35 firefighters to contain the flames. The accident produced dense smoke leading to closure of nearby roadways for over four hours.

Smoke on the roadways is just one way the oil industry can create dangers on U.S. highways. According to the U.S. Department of Transportation's Office of Hazardous Materials Safety, there were almost 15,000 incidents related to transporting hazardous materials in 2011. The incidents ranged from improper loading to rollover accidents and totaled over $100 million in damages.

Oil Tank Explosion Injures Three, Raises Safety Concerns

In Pearshall, Texas, about fifty miles away from San Antonio, an explosion from an oil tank sent flames into the sky as clouds of smoke billowed from the disposal well site. The fire burned for over an hour and has left many to wonder what caused the fiery blaze that injured three people.

This question has proven difficult to answer, as the evidence is unclear as to what caused the oil tank to explode. One likely explanation is that workers were welding near storage tanks. Welding involves metals, high heat and cutting, which sometimes emits sparks that can ignite flammable substances such as oil and gas

The decision to weld near explosive substances has raised concerns among safety officials, including the Occupational Health and Safety Administration, which is the federal agency empowered to require employers to keep workplaces safe.

Texas Unlikely to Act Soon to Ban Cell Phone Use While Driving

In Texas, 46 fatal traffic accidents involved cell phone use by drivers in 2010, a dramatic increase over the 2006 count of 31 fatalities. Responding to similar trends nationwide, the National Transportation Safety Board (NTSB) recently recommended that states act to ban almost all use of cell phones while driving. The concern is that drivers distracted by calls or texting may be more likely to have accidents.

Research shows that in 2010 over 3,000 fatalities occurred nationwide in accidents involving distracted drivers. Further, at any given time during daylight hours an estimated thirteen million drivers on the nation's highways are using handheld devices. To illustrate their concern, the NTSB cited an example of an accident caused by driver distraction where a texting teenager smashed into a slow-moving tractor-trailer. The resulting chain reaction collision involved two school buses, killing the teenager and a student and injuring dozens.

Pedestrian Dangers and Legal Remedies

Walking is good for your health. It is something nearly everyone can do, and it helps people see things and develop relationships that cannot be done while driving.

However, pedestrians face unique hazards from other vehicles on the road. This is especially true in urban areas, on weekends and during the evenings. According to the National Highway Traffic Safety Administration (NHTSA), 72 percent of all pedestrian fatalities occur in urban areas. Nearly one-half (48 percent) of all pedestrian fatalities occur on Friday, Saturday, and Sunday (16, 17, and 15 percent respectively), and a majority of such accidents (70 percent) happen at night (between 4 p.m. and 4 a.m.). The state of Texas was one of the top four states in the nation for pedestrian accidents. In 2009, (the latest year for available statistics) nine fatal accidents involving pedestrians occurred in Corpus Christi.

The Most Dangerous Holidays for Driving

Everyone knows how important it is to drive carefully on New Year's Eve. But what isn't obvious is how deadly other, seemingly more mundane, holidays can be.

In Texas and beyond, revelers who celebrate with alcohol can put everyone else on the road at risk. This is especially true as the cost of flying has gone up and the economy has gone down, and more people are using their cars to travel long distances.

How the Holidays Stack Up

Perhaps surprisingly, Thanksgiving is the deadliest driving holiday. This is in part due to heightened road congestion, aggressive driving and driver fatigue. It is also caused by drinking and driving: Thanksgiving is, for many, a holiday of excesses. Some drivers prolong that excess when they get behind the wheel. During the Thanksgiving weekend of 2006, 623 U.S. drivers and passengers were killed.

FMCSA Delays New Hours-Of-Service Rules Again

The Federal Motor Carrier Safety Administration (FMCSA) has missed for a second time its revision to the Hours of Service (HOS) regulation, as reported by Trucker.com. After prolonged litigation forced the FMCSA to revisit its rulemaking process, in December of 2010 they issued the proposed revision.

The final rules were originally set to be issued on July 26, 2011 and were then postponed to October 28, 2011. The agency announced it would miss that deadline, and according to Trucker.com, one day later said had completed the proposed regulations and had sent them to the Office of Management and Budget (OMB).

While no timeline was mentioned, it could take two to three months for OMB to complete their review.

Collapsed Offshore Platform Crane Kills Worker

The details are few and investigation is ongoing, but for the family of an unidentified man, life will never be the same.

In the early morning hours of August 16, workers on a shallow-water oil and gas production platform in the Gulf of Mexico were transferring a heaving piece of equipment from the platform to a workboat. Suddenly the crane collapsed, triggering a tragic series of events that resulted in the death of one worker.

What happened? That is the question The Bureau of Ocean Energy Management, Regulation and Enforcement (BOEMRE) and the worker's employer, Energy Resource Technology, are trying to answer. However, the operator's report filed with the BOEMRE may provide clues critical to the investigation.

According to the report, the boom hoist cable apparently failed. This failure led to the crane buckling and, eventually, to the worker receiving a fatal blow.

Bastrop County Complex Fire Leaves Homes, Lives in Ruin

More than 1,500 homes destroyed, two fatalities and perhaps $150 million in insured losses. That's the latest toll from the Bastrop County Complex fire, just one of the wildfires that has scorched Texas for weeks. The Texas Forest Service reports that the fire is now 95 percent contained, and with celebrity visits and fundraisers, efforts are turning toward recovery and reconstruction.

Officials have declared that the fire broke out after high winds knocked dead trees onto nearby power lines. In the midst of a severe drought - the hottest, driest summer ever recorded in Texas - electrical sparks set off a series of fires that eventually spread across more than 330,000 acres. The Insurance Council of Texas estimated that the total insured losses statewide could reach $500 million; the damage to Texas' massive agricultural industry could be over $5 billion.

Some families who lost their homes have filed a lawsuit against Bluebonnet Electric Cooperative, the company responsible for the power lines, arguing that Bluebonnet should have removed the dead trees and trimmed the branches around the power lines. The families say the company was negligent and owes them money for their damaged property, physical impairment and mental anguish. The company denies the allegations of wrongdoing, asserting that the trees were on private property and outside its right-of-way.

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The attorneys at Herrman & Herrman, P.L.L.C. serve clients throughout Texas, with a concentration on South Texas and the Rio Grande Valley, including Corpus Christi, McAllen, Victoria, Edinburg, Brownsville, Laredo, Sinton, Kingsville, Alice, Refugio, Harlingen, Falfurrias, Hidalgo County, Nueces County, Kleberg County, Cameron County, Webb County, Starr County, Brooks County, Duval County, Jim Wells County, Refugio County and San Patricio County.

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