El Paso: (915) 996-9798

Practice Areas

Employment related issues including:

Wrongful termination is a general term that is used for any illegal termination. Many terminations may be morally or ethically wrong but not illegal. You should have a board certified employment lawyer review your case to see if your wrongful termination was an illegal termination.
Age discrimination involves treating someone (an applicant or employee) less favorably because of his age. This is true in both hiring and employing. If you can do the job your age should not prohibit you from obtaining or keeping a job. If your employer is treating you bad or fired you because you are over 40 years of age then you may have a claim for age discrimination.

The Age Discrimination in Employment Act (ADEA) only forbids age discrimination against people who are age 40 or older. It does not protect workers under the age of 40. It is not illegal for an employer to favor an older worker over a younger one, even if both workers are age 40 or older.

Discrimination can occur when the victim and the person who inflicted the discrimination are both over 40.
An employer may not discriminate against an employee because of a disability if that employee can do the essential functions of his or her job with or without reasonable accommodation. If you can do your job but your employer perceives you as a disabled employee and terminates or discriminates against you, you may have a claim. Also if you can do your job but you need a reasonable accommodation and your employer refuses your request for an accommodation you may have a claim. Many workers who are injured on the job can do the job with a reasonable accommodation of light duty. If your employer refuses your light duty restrictions you may have a claim of Disability Discrimination.
For many types of discrimination (race, color, disability, age, national origin, gender or sexual harassment) an employee must file a claim with the U.S. Equal Employment Opportunity Commission (EEOC). The EEOC is a Federal Agency of the U.S. Government that will investigate your claim of discrimination. Once the EEOC completes the investigation they will usually issue a right to sue letter which gives you the right to file a lawsuit. There are strict time limits so you should seek an attorney immediately. Also, most EEOC "right to sue letters" give you 90 days to file a suit. Even if you are after the 90 days you should seek an attorney because an attorney may be able to help you even if you are past the 90 day deadline.
Defamation occurs when one person publishes a false statement that tends to harm the reputation of another person. Written defamation is called libel. Spoken defamation is called slander. If your employer says something that is false about you to someone else such as a prospective employer then you may, under some situations, have a claim for defamation. Your employer does have some defenses depending on the circumstances that the statements were made. Roger Davie can evaluate your defamation/libel/slander claim.
Gender or Sex discrimination involves treating someone (an applicant or employee) unfavorably because of that person's sex (Male Female). Generally, it is illegal to fire/not hire someone because they are a male or female.

Sex discrimination also can involve treating someone less favorably because of his or her connection with an organization or group that is generally associated with people of a certain sex.
Pregnancy discrimination involves treating a woman (an applicant or employee) unfavorably because of pregnancy, childbirth, or a medical condition related to pregnancy or childbirth.
Employees have a right to work in an environment that is free from sexual harassment. This is true for both men and women. Generally to prevail in a claim for sexual harassment the sexual harassment needs to be either severe or pervasive. If you were fired for sexual harassment or just feel that you are being harassed because of sexual harassment you should consult an attorney.
In today's modern world many employees work through an employment agency or a staff leasing agency. If you have a valid claim of discrimination against your employer you may have one against the employment agency or staff leasing agency as well. You can have more than one employer under Texas law and the employer who gives you your paycheck is not always determinative of who is your employer.
Harassment or Hostile Working Environment are words that are often used by employees to describe what is happening to them wrongly in the work place. There is generally no independent claim for Harassment or Hostile Work Environment. There is however a claim if there is a hostile work environment or harassment because of race, color, national origin, religion, age or other illegal discrimination. You should check with a competent employment attorney to determine if the harassment is the type that could lead to a wrongful termination claim.
It is illegal for an employer to discriminate against an employee because of race. The first employment laws passed by Congress were designed to protect individuals from race discrimination. Race discrimination involves treating someone (an applicant or employee) unfavorably because he/she is of a certain race or because of personal characteristics associated with race (such as hair texture, skin color, or certain facial features). Color discrimination involves treating someone unfavorably because of skin color complexion.

Race/color discrimination also can involve treating someone unfavorably because the person is married to (or associated with) a person of a certain race or color or because of a person's connection with a race-based organization or group, or an organization or group that is generally associated with people of a certain color.

Discrimination can occur when the victim and the person who inflicted the discrimination are the same race or color.
National origin discrimination involves treating people (applicants or employees) unfavorably because they are from a particular country or part of the world, because of ethnicity or accent, or because they appear to be of a certain ethnic background (even if they are not).

National origin discrimination also can involve treating people unfavorably because they are married to (or associated with) a person of a certain national origin or because of their connection with an ethnic organization or group.

Discrimination can occur when the victim and the person who inflicted the discrimination are of the same national origin.
If you were fired, not hired, not promoted or discriminated against because of your religious beliefs then you may have a claim against that employer. Also if you were denied a job because the hiring person wanted to only hire someone of his or her own religion, you may have a claim. Also, your employer is sometimes required to accommodate your reasonable religious beliefs. For example some employers may be required to allow you not to work on Saturday or a Sunday if that is part of your sincerely held religious beliefs. Each religious discrimination case must be evaluated by a competent employment lawyer to determine if the employer's actions violate the law. Religious discrimination involves treating a person (an applicant or employee) unfavorably because of his or her religious beliefs. The law protects not only people who belong to traditional, organized religions, such as Buddhism, Christianity, Hinduism, Islam, and Judaism, but also others who have sincerely held religious, ethical or moral beliefs.

Religious discrimination can also involve treating someone differently because that person is married to (or associated with) an individual of a particular religion or because of his or her connection with a religious organization or group.
The Family and Medical Leave Act (FMLA) provide certain employees with up to 12 weeks of unpaid, job-protected leave per year. It also requires that their group health benefits be maintained during the leave.

FMLA is designed to help employees balance their work and family responsibilities by allowing them to take reasonable unpaid leave for certain family and medical reasons. It also seeks to accommodate the legitimate interests of employers and promote equal employment opportunity for men and women.

FMLA applies to all public agencies, all public and private elementary and secondary schools, and companies with 50 or more employees. These employers must provide an eligible employee with up to 12 weeks of unpaid leave each year for any of the following reasons:

- For the birth and care of the newborn child of an employee
- For placement with the employee of a child for adoption or foster care
- To care for an immediate family member (spouse, child, or parent) with a serious health condition
- To take medical leave when the employee is unable to work because of a serious health condition.

Employees are eligible for leave if they have worked for their employer at least 12 months, at least 1,250 hours over the past 12 months, and work at a location where the company employs 50 or more employees within 75 miles. Whether an employee has worked the minimum 1,250 hours of service is determined according to FLSA principles for determining compensable hours or work.

Time taken off work due to pregnancy complications can be counted against the 12 weeks of family and medical leave. Special rules apply to employees of local education agencies.
The federal minimum wage for covered nonexempt employees is $7.25 per hour effective July 24, 2009. The federal minimum wage provisions are contained in the Fair Labor Standards Act (FLSA). It is illegal to fire, fail to promote or otherwise discriminate against an employee who complains or questions his payment of minimum Wage.
It violates the law to not pay employees their lawfully earned wages. In fact some states (Texas) have made the nonpayment of wages a criminal act under some certain conditions.
An employer who requires or permits an employee to work overtime is generally required to pay the employee premium pay for such overtime work. Employees covered by the Fair Labor Standards Act (FLSA) must receive overtime pay for hours worked in excess of 40 in a workweek of at least one and one-half times their regular rates of pay. The FLSA does not require overtime pay for work on Saturdays, Sundays, holidays, or regular days of rest, unless overtime hours are worked on such days.

The FLSA, with some exceptions, requires bonus payments to be included as part of an employee's regular rate of pay in computing overtime.

Extra pay for working weekends or nights is a matter of agreement between the employer and the employee (or the employee's representative). The FLSA does not require extra pay for weekend or night work or double time pay. It should be noted that there are exceptions to overtime pay for some industries. This is especially true for Truck Drivers and those in the Trucking industry.

It is illegal to fire, fail to promote or otherwise discriminate against an employee who complains or questions his / her Overtime Pay.
It is illegal to retaliate against an employee who files a complaint of discrimination for race, color, disability, age, national origin, gender or sexual harassment. This is true even if it is found that the discrimination did not occur. For example, it is illegal for an employer to refuse to promote an employee or fire the employee because she filed a charge of discrimination with the EEOC or a lawsuit for discrimination, even if EEOC or the Court later determined no discrimination occurred. This protects employees who file claims of discrimination in good faith. Also, anyone who is a witness in a discrimination case or investigation may have the same protection from being retaliated against by an employer.
Section 451 of the Texas Labor Code makes it impermissible to retaliate against an employee for filing a workers' compensation claim. Likewise, under New Mexico law an employer may not retaliate against an employee for filing a workers' compensation claim. If an employee believes that he or she may have been terminated because they filed a workers' compensation claim that employee should seek legal advice.

El Paso, Texas construction workers and the dangers they face in the workplace

There is some level of risk of suffering occupational injuries and illnesses in nearly every profession and field throughout Texas, and New Mexico. For some, however, the danger may be greater. According to the Occupational Safety and Health Administration, or OSHA, the construction industry has a higher average fatal injury rate than that of all other industries. This is because of the hazards that construction workers face in the workplace.

According to an NBC 5 Dallas-Fort Worth report, two workers were killed in separate incidents on the same construction site in Argyle recently. A 36-year-old worker died following the collapse of a metal frame for an indoor practice facility. Less than a week later, a 22-year-old man was killed in an accident involving an 18-wheeler. Although details have not been confirmed, it appears that his foot became trapped underneath the large vehicle’s rear axle as it was being driven. Unfortunately, these are just two of the many work-related deaths that occur on construction sites each year. In El Paso, Texas this past February, 2015 a Midwest Steel, Inc. employee died at the new William Beaumont Army Medical Center construction site following a work-related accident.

Common construction site hazards

Although there are strict regulations in place, construction sites can be hazardous work environments. Some of the most common dangers construction workers face on the job in El Paso, Texas and Las Cruces, New Mexico include the following:

  • Scaffolding and trench collapses
  • Being Crushed by falling materials
  • Electric shock
  • Injuries from loading and unloading trailers
  • Falls from significant heights
  • Fork Lift Accidents-Including being struck by a Fork Lift
  • Getting stuck in or struck by equipment
  • Heavy Equipment Accidents
  • Neglecting to use the appropriate personal protective equipment
  • Tripping and falling from construction material
  • Burns caused by equipment and material

Furthermore, using tools, such as jackhammers, and performing certain tasks may result in repetitive motion injuries for construction workers.

How can work-related injuries and deaths be prevented?

While some construction accidents are unavoidable, there are steps that people can take to reduce their risk for injury while working at construction sites. Construction workers may prevent falls by using the correct personal protection equipment, as well as by using scaffolds and ladders safely. Furthermore, covering, securing and labeling floor openings may also help prevent workers from falling. OSHA points out that locating utilities and being alert to electrical hazards can help people avoid electric shocks while working at construction sites.

In addition to wearing the proper personal protection equipment, construction workers should also wear high-visibility clothing. This may help them avoid getting struck by equipment or vehicles at the worksite. Additionally, avoiding positioning themselves in between moving or fixed objects may aid in preventing struck by equipment accidents. Construction workers should also ensure that trenches and excavation sites have the proper protective systems in place before entering them. However it is the responsibility of the employer to provide a safe place to work with proper safety training and proper workplace warnings for dangerous conditions.

Working with an attorney

When construction workers in Texas and New Mexico are injured on the job, they are generally entitled to compensation for their medical expenses, lost wages, and pain and suffering. In some cases, however, navigating the state’s workers’ compensation process may be difficult. As such, those who have suffered occupational injuries may benefit from consulting with an attorney. A lawyer may explain their rights, as well as help guide them through the claims filing process. Also, it is important to talk with a knowledgeable employment attorney. When you are injured on the job there are many employment laws that must be navigated. These include the Family Medical Leave Act (FMLA), Disability Law, OSHA regulations, Workers’ Compensation, Employment Retirement Insurance and Security Act (ERISA). Also, many times in Texas your employer may not actually carry Texas Workers’ Compensation but may have their own work injury benefit plan. In this case you may have claims against your employer for workplace injuries. Also in many workplace injuries there may be third parties who may have liability to an injured worker for their injuries. If your employer does have Texas Workers’ Compensation then you generally cannot sue your employer for injuries you sustain in the course and scope of their employment (this is known as the Texas Workers’ Compensation bar). However if they have their own work injury benefit plan they may still have liability. Also when your doctor releases you to return to work on light duty, your employer may have an obligation to accommodate your light duty status and take you back to work. To navigate these intricate and related statutes you may need an experience employment lawyer.  

If you are hurt at work or a loved one was killed in a work injury you should consult Mr. Roger Davie to determine what your legal rights are.

Construction Falls

Hazards at significant heights or on the ground are inherent on construction sites. Workers put their well-being at risk while trusting that safety at their workplace is a top priority. When negligence occurs by an employer, co-worker, contractor or subcontractor, a sudden fall can occur, resulting in injuries that not only end careers, but also lives.

With the goal of maximizing rightful compensation following a construction trip and fall, we often take on the complexity of multiple, simultaneous legal actions to cover medical expenses, lost wages, pain and suffering, and other damages that result from an accident.

Skilled And Compassionate El Paso Lawyers For Construction Worker Fall Injuries

Roger Davie is Board Certified in Employment Law by the Texas Board of Legal Specialization and is an expert in Construction Accidents.  Construction accidents  involve workers compensation, personal injury and employment law.  Roger Davie has the knowledge to help employees and others injured in construction accidents in the El Paso, Texas and Las Cruces, New Mexico  area.  Roger Davie will work hard to identify the party responsible and pursue compensation through the appropriate channels.

Mr. Davie is a dedicated advocate to hard-working professionals and their loved ones, addressing all of their needs, both immediate and long into the future. Whether a construction worker is temporarily or permanently unable to work or grieving family members are facing an uncertain future without a primary wage-earner, the need for legal representation is paramount to pursue justice for victims of negligence.

Contact Roger Davie who is a Construction Worker Injury Lawyer.

If you were injured in a construction fall in El Paso, Texas, las Cruces, New Mexico or a surrounding areas, contact Roger Davie at 915-838-1100

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Many employers will claim that you cannot sue them or make a claim against them because you are an independent contractor as opposed to an employee. While it is true that independent contractors do not always have the same rights as employees the determination of whether or not you are an independent contractor is not a decision of your employer but the nature of your job. Calling you an independent contractor or paying you as an independent contractor does not necessary make you an independent contractor. Whether you are an independent contractor usually depends on the control over the details of your work that your employer has. Every case is unique and very fact specific and you should seek legal advice from a competent employment lawyer regarding this issue.

Scaffolding Accidents

In spite of requirements by the Occupation Safety and Health Administration (OSHA) to follow strict safety protocols on construction sites, construction companies, contractors, subcontractors and third parties often fall short of those standards. Hard-working construction professionals and their family members are the ones who bear the brunt of this negligence when a worker falls from unstable or broken scaffolding.

Putting Clients First When Safety Comes Second

For a majority of construction workers, using a scaffold is part of their daily responsibilities. While inherent risks exist in scaffold work, outside factors can play a role in a dangerous and deadly fall, including:

Poorly inspected or uninspected scaffolding

Overloaded scaffolding

Scaffolding with manufacturing or design defects

Failure of specific scaffold parts

Lack of or defective safety equipment

Falling debris

Roger Davie is Board Certified in Employment law in Texas and has the expertise  in the areas of  OSHA, workers' compensation and third-party liability laws, Roger Davie can take on the most complex of scaffolding accident cases. Identifying the party responsible is the first step. From there, he fights to maximize compensation for medical expenses, lost wages, and pain and suffering.

Some workers cannot return to work and earning a living. Many families are left grieving the death of a loved one and facing an uncertain financial future. Roger Davie understands that these types of injury claims combine legal complexities with emotionally charged issues. With compassion and dedication, we remain at the side of our clients while pursuing the best outcome.

Contact Our El Paso Scaffolding Accident Attorneys

If you were injured in a construction accident in El Paso, Texas or Las Cruces, New Mexico or the surrounding area contact Roger Davie at 915-838-1100

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Forklift Accidents

If you or a family member has been injured in a forklift accident, retaining Roger Davie, P.C., provides you access to a skilled, dedicated and compassionate Texas attorney recognized within the legal industry. Construction site accident claims are complex and require representation based on a foundation of legal knowledge, specifically Occupation Safety and Health Administration (OSHA).

Forklifts, formally known as powered industrial trucks, come in many forms. Standard lift trucks use the forks to lift and tilt, raising loads onto pallets. Boom/telescoping forklifts are used for lifting loads to heights exceeding 40 feet.

The Need For Safety To Prevent Forklift And Crane Accidents

Operation of any type of forklift requires in-depth training and certification. After becoming certified, the operator must maintain the highest standards of safety under OSHA requirements. Specifically, operators must control their speed, prevent the forklift from falling over or striking other workers, and carry a properly braced and manageable load.

Tip-overs, crashes and ejections are often the result of careless operation. Sudden turns can result in the forklift and its load falling over. Speeding without paying attention to surroundings can result in catastrophic and deadly collisions.

Forklift accidents can also be caused by poor maintenance or a forklift being used when it is old and worn. A forklift missing vital safety features such as backup mirrors, alarms and horns puts everyone on a construction site at risk.

If you have been injured because of a defective forklift or a negligent operator, you have the right to seek compensation through your employer's benefit plan, nonsubscriber insurance or a third-party personal injury claim. Roger Davie is more than equipped to take on more complex cases that involve more than one claim against multiple parties.

Contact Roger Davie who, as a Board Certified Texas Employment lawyer who has handled many forklift cases and con protect your rights.

If you were injured in a forklift accident, contact our law firm at915-219-5059.

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Loading Dock Accidents

From malls to grocery stores  to warehouses in the El Paso, Texas and New Mexico area to the major businesses throughout Texas have loading docks. While providing convenience in the shipping of larger merchandise and machinery, dangers exist to hard-working employees that put them at risk of loading dock and forklift injuries.

Skilled, Seasoned And Industry Respected Attorneys Fighting For Your Rights.

Do not let your employer's doctor minimize your injuries. Do not accept a settlement that does not reflect the full extent of your pain and suffering and lost wages. If you have been injured while working on a loading dock and denied medical benefits or financial compensation, take immediate action and contact Roger Davie, P.C. Also if you are injured while delivering to a another companies loading dock, contact texas Board Certified Employment lawyer Roger Davie.

Employers who benefit from the convenience of loading docks must take measures to ensure the safety of their employees. Docks that are high off the ground and have 18-wheel trucks backing in continually make for a high-risk environment. Injuries and death can occur from falling off the dock or truck bed, accidents involving forklifts, or a worker trapped between a truck and the dock. These injuries can occur to the employees of the company responsible for the loading dock as well as delivery persons and truck drivers making deliveries. 

The Occupational Safety and Health Administration (OSHA)has specific requirements regarding loading docks. Owners must have trailer restraints to prevent the truck from prematurely moving away from the dock. Employers also have aresponsibility to train employees properly and within OSHA standards.

Falling short of those responsibilities could lead to injury and death.

Roger Davie has handled many loading dock cases  in the El Paso, Texas and Las Cruces New Mexico area and has the expertise to protect you and loved ones who are involved in a loading dock accident.

Contact Our El Paso Loading Dock Accident Attorneys

If you have been injured in a loading dock accident, contact Roger Davie as soon as possible. Don't wait until your benefits are denied.

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Oilfield Accidents

Many El Paso residents have gone to the Midland Odessa Hobbs Carlsbad area to obtain jobs in the oilfield industry. The high-risk nature in the drilling of crude oil, shale oil, gas and other minerals puts hard-working El Paso and Las Cruces, New Mexico residents at risk of serious injuries. If an accident does occur, medical benefits and financial compensation are often denied and employers' doctors claim fitness to work when the opposite is true. Even when a settlement is offered, the amount does not come close to reflecting the medical costs, lost wages, and pain and suffering.

Also you may be injured by the negligence of an employee of another company who is not your employer.

Roger Davie is an industry-recognized and award-winning lawyer who will fight to even the odds his clients face when negligence results in serious injuries and death.

Protecting The Rights Of Texas Oil Rig Workers and those in the oil production industry.

Increased oil production in Texas, and New Mexico has led to an increase in drilling rig accidents and the severity of the injuries suffered by workers. Equipment fails when pressure builds up from various types of extraction, including hydraulic fracking. Production is fast-paced in a work environment that lacks the proper safeguards to protect employees.

It goes without saying that oil production is already a dangerous line of work. When the safety of workers comes second to profits, Occupational Safety and Health Administration (OSHA) requirements are not enforced and workers suffer injuries that range from severe burns to loss of limbs to life-threatening internal injuries.

Simply stated, Roger Davie will see all injury cases through until the end, regardless of how he ethically finds that end. In fact, his willingness to try cases combined with his skills are well-known throughout the legal community. As a Texas Board Certified Employment Lawyer Roger Davie has the expertise to reprint you or your loved ones in oil industry related accidents.  Regardless of the venue, Roger Davie will pursue maximum compensation based on your immediate and long-term needs.

Contact Roger Davie

If you have been hurt on the job or fired in El Paso or Las Cruces, contact Roger Davie as soon as possible. Don't wait until your benefits are denied. 

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Burn Injuries

Burn injuries go beyond physical damage. While injuries and scarring may be a part of the victim's physical appearance, emotional scars run far deeper. Victims of fire, electrocution and exposure to chemicals face unique challenges that require skilled and seasoned legal counseling the El Paso and Las Cruces, New Mexico area.

Roger Davie is an experienced Lawyer in handling burn cases.  Roger Davie has been practicing laws since 1985 and is a Texas Board Certified Employment lawyer.

Injured At Work? We Handle All Types Of Injury And Wrongful Termination Claims.

If you have been severely burned or exposed to chemicals in anexplosion, you need legal counsel who can take on the complexities of a burn injury claim. While you recover, we work hard on identifying the negligent party and the entire scope of your medical needs. In addition to immediate medical treatment and possible surgeries, skin grafts, plastic surgery and even psychological counseling may be necessary in the future.

Pursuing the rightful compensation may come through one or more injury claims, including third-party liability, Occupation Safety and Health Administration (OSHA), or workers' compensation. Roger Davie is skilled in pursuing all avenues to maximize the compensation you are entitled to.

Contact Our El Paso Burn Injury Lawyers

If you have suffered fire-related or chemical burns at work,contact workplace injury lawyer Roger Davie at 915-838-1100.

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Roger Davie is an avid cyclist and represents cyclists who have been injured. If you have been injured on a bicycle call Roger Davie at 915 838-1100.

What are the bicycle rules that apply to all cyclists in Texas?
All bicyclists must operate under Texas Motor Vehicle Laws while on public roadways, including stopping at stop signs, yielding to pedestrians in crosswalks, displaying proper illumination, and riding with the traffic flow on designated "One way" streets in designated bicycle lanes. University Police offers bicycle engraving services free of charge.
1.Bicycles should only be operated on streets, roadways, bike paths, routes and areas specifically designated for bicycle riding.
2.Bicycles and other non-motorized devices shall not be ridden into bicycle racks. Always dismount up arrival to the rack and place your bike in an available space.
3.All rules and procedures herein are applicable to all non-motorized devices.
4.In a shared-use area, the bicyclists shall pass cautiously, after giving audible notice of passing to the pedestrian or bicyclists they are passing.
5.A bicycle is a vehicle and a person operating a bicycle has the rights and duties applicable to a driver operating a vehicle. All laws and signs that regulate the movement of vehicles upon the roadway also apply to bicycles. Therefore, a bicyclist should obey all traffic laws, signs, and signals. This includes stopping at all stop signs and all stop (red) lights.
6.A person operating a bicycle on a roadway who is moving slower than the other traffic on the roadway shall ride as near as practicable to the right curb or edge of the roadway.

However there are exceptions to this law. Under the following conditions the law allows bicyclists to take the full lane of travel when: i.The person is passing another vehicle moving in the same direction.
ii.The person is preparing to turn left at an intersection or onto a private road or driveway.
iii.When there are unsafe conditions on the roadway, including fixed or moving objects, parked or moving vehicles, pedestrians, animals, or surface hazards that prevents the person from safely riding next to the curb or edge of the roadway.
iv.The lane is of substandard width (less than 14 feet in width and not having a designated bicycle lane adjacent to that lane) making if unsafe for a bicycle and a motor vehicle to safely travel side by side.

7.A person operating a bicycle on a one-way roadway with two or more marked traffic lanes may ride as near as practicable to the left curb or edge of the roadway.
8.Persons operating bicycles on a roadway may ride two abreast. Persons riding two abreast on a laned roadway shall ride in a single lane. Persons riding two abreast may not impede the normal and reasonable flow of traffic on the roadway. Persons may not ride more than two abreast unless they are riding on a part of a roadway set aside for the exclusive operation of bicycles.
9.A person operating a bicycle shall ride only on or astride a permanent and regular seat attached to the bicycle.
10.A person may not use a bicycle to carry more persons than the bicycle is designed or equipped to carry.
11.A person operating a bicycle, coaster, sled or toy vehicle or using roller skates may not attach either the person or the bicycle, coaster, sled toy vehicle, or roller skates to a streetcar or vehicle on a roadway.
12.A person operating a bicycle may not carry any object that prevents the operator from keeping a least one hand on the handlebars.
13.Bicyclists must use hand signals to signal their intent to stop, turn left, or turn right. The bicyclist must use the following signals. a.Stop – Extend the left hand and arm downward
b.Left Turn – Extend the left hand and arm horizontally
c.Right Turn – Extend the left hand and arm upward, or extend the right hand and arm horizontally.

14. Every bike must be equipped with a brake capable of making a braked wheel skid on dry, level, clean pavement.
15.A person may not operate a bicycle at nighttime unless the bicycle is equipped with the following.a. Headlamp – a lamp on the front of the bicycle that emits a white light visible from a distance of at least 500 feet in front of the bicycle.
b.Red Reflector/Red Lamp – A bicycle must be equipped with either a red reflector which is visible from a distance of 300 feet from the rear of the bicycle, or a red lamp visible from a distance of 500 feet from the rear of the bicycle.



Surface Transportation Assistance Act (STAA)

Many truck drivers in El Paso, Texas and Las Cruces New Mexico do not realize that they have protection if they report safety violations or refuse to take a load under unsafe conditions cannot be retaliated against. Truck drivers have rights under the STAA Act. Under this statute.

What kind of activities are covered by STAA?

1. Refusals to drive when you are is tired or the load is unsafe.

2. Making a complaint to the United State Department of Transportation USDOT about violations, or possible violations, of commercial vehicle safety regulations.

3. Making a complaint to your employer about violations, or possible violations, of commercial vehicle safety regulations.

4. Testifying at a union grievance hearing or arbitration hearing where the subject of the hearing involves violations, or possible violations, of commercial vehicle safety regulations.

5. Refusing to drive a commercial vehicle when impaired due to illness or fatigue.

6. Refusing to drive a vehicle that exceeds highway weight restrictions.

7. Refusing to violate hours-of-service regulations.

8. Refusing to drive a vehicle with defective lamps, leaky exhaust systems, inadequate brake pressure or adjustment.

9. Refusing to violate speed limits.

10. Refusing to drive in hazardous weather.

11. Insisting on thoroughly inspecting equipment to make sure it is safe to operate.

12. Refusing to falsify a log book.

You are protected even if you are wrong as long as you make the complaint in good faith.

The above are just some examples, the law is to be read broadly to protect commercial truck drivers from retaliation.

What are the procedures to file a complaint if you are a commercial truck driver and you believe you have been retaliated against?

First you must file a claim with the Occupational Safety and Health Administration.("OSHA") within 180 days. (you should file your complaint as soon as the retaliation takes place -- don't rely on any grievance or internal procedures to necessarily toll the limitations - You should seek competent employment lawyer immediately to help you with this procedure) However, You can file your complaint here: https://www.osha.gov/pls/osha7/eComplaintForm.html You should first try and file your complaint with the local OSHA office where your are working. OSHA has 60 days to review your complaint (they may take longer). Once OSHA makes a decisions (in your favor or not in your favor) either party has 30 days to appeal to the Administrative Law Judge and request a hearing. Copies of the complaint must be mailed to the Chief Administrative law Judge (ALJ), the Administrator and the opposing party. A hearing should take place within 30 days unless the parties want to agree to a delay in this time to conduct discovery. Either party can appeal the ALJ decision to the Court of Appeals (for New Mexico this is the 10th Cir. and for Texas this would be the 5th Cir.) within 60 days.

What damages can I be awarded if I win?

1. reinstatement,

2.back pay,

3. front pay,

4.compensatory damages for such items as emotional distress and loss of reputation,

5. interest on damages; and,

5 attorney fees and costs including expert fees and other cost to bring the claim.

There is a $250,000 cap on the damages.

This can be a complicated procedure but is something that should be in known by all commercial truck drivers inthe El Paso and Las Cruces area. An experienced wrongful termination lawyer can advise you on the STAA law . Also there may be other laws as well as the STAA law which can provide you benefits. It is important to see a board certified labor and employment lawyer in Texas if you have a legitimate claim of wrongful termination or whistle-blower violation.

This covers the basics of Wrongful Death law in New Mexico

  1. How do you bring a wrongful death lawsuit in New Mexico?

    New Mexico is like several other states that require you to bring an action through a Personal Representative. A Personal Representative is authorized to act on behalf of the Deceased Estate pursuant to NMSA ? 41-2-3.

  2. Is a Personal Representative for wrongful death claim the same as for probate?

    No. A Personal Representative is not required to proceed pursuant to the Probate Code and the Probate Code. The Wrongful Death Statue in New Mexico governs the appointment of a Personal Representative. (NMSA ? 41-2-3 ). In fact, many times (but always) the administrator of the estate under the Probate Code may be a different person than the Personal Representative under the New Mexico Wrongful Death Act.

  3. What is the purpose of a Personal Representative in a Wrongful Death Action?

    The Court in Chavez v. Regents of The University of New Mexico, 103 N.M. 606, 609 (1985) stated that purpose of a Personal Representative was "to centralize the claims and to prevent multiple and possibly contradictory lawsuits." Therefore to sue for wrongful death in New Mexico a Personal Representative is necessary and required.

  4. Who can act as a Personal Representative?

    New Mexico seems to be fairly open to who can serve as the Personal Representative under the wrongful death act. It could be a surviving wife, or adult child or parent. However, in New Mexico an attorney is often appointed to be the Personal Representative. The attorney is bound by the certain ethics rules and as an Officer of the Court is beholden to certain rules. Judges often approve the appointment of an attorney to act on behalf of the wrongful death beneficiaries as an efficient way to make sure all beneficiaries are protected.

  5. What are the duties of a Personal Representative?

    New Mexico Rule of Civil Procedure 1-105 puts several requirements on a Personal Representative:
    First, the Personal Representative must give certain notices to the all known statutory relatives. This notice must contain:
    (1) the name of the personal representative of the estate and the name, number, and email address of the personal representative's lawyer;
    (2) a statement that the personal representative understands the legal
    requirement that the personal representative must act only in the best interests of all statutory
    beneficiaries of the decedent's estate;
    (3) instruction to the statutory beneficiaries that they shall provide the
    personal representative or the personal representative's lawyer with current contact information
    so that they may be notified of matters in the pending action;
    (4) a statement that all statutory beneficiaries will be timely notified of any
    and all trial settings, dismissals, settlements, and verdicts obtained on behalf of the decedent's
    (5) a statement that all statutory beneficiaries will be specifically advised of
    any proposed distribution of proceeds under the Wrongful Death Act prior to any distribution of
    the proceeds; and
    (6) a statement that, prior to the distribution of any proceeds of a wrongful
    death estate, if any controversy exists or arises concerning distribution that requires a court
    hearing, all statutory beneficiaries will be notified of the hearing and will be entitled to attend.

  6. Who are the "Statutory Beneficiaries" of the New Mexico Wrongful Death Act?

    A. if there is a surviving spouse and no child, then to the spouse;
    B. if there is a surviving spouse and a child or grandchild, then one-half to the surviving spouse and the remaining one-half to the children and grandchildren, the grandchildren taking by right of representation;
    C. if there is no husband or wife, but a child or grandchild, then to such child and grandchild by right of representation;
    D. if the deceased is a minor, childless and unmarried, then to the father and mother who shall have an equal interest in the judgment, or if either of them is dead, then to the survivor;
    E. if there is no father, mother, husband, wife, child or grandchild, then to a surviving brother or sister if there are any; and
    F. if there is no kindred as named in Subsections A through E of this section, then the proceeds of the judgment shall be disposed of in the manner authorized by law for the disposition of the personal property of deceased persons.

  7. What are the Damages in a New Mexico Wrongful Death Action?

    Loss of economic earnings, loss of enjoyment of life, hedonic damages, pain, suffering, agony, funeral expenses, medical expenses and punitive damages for the conduct that is malicious, reckless, willful, and/or wanton.

  8. What are hedonic damages:

    Hedonic damages are the damages for the enjoyment of life that is lost by the deceased. In other words it is the loss of all the deceased will miss because of death. This includes things like seeing a child grow up, seeing children married and having children. The loss of the vacations with family and friends. A hedonic expert can sometimes be utilized in litigation by a wrongful death attorney in New Mexico.

  9. What is the Statute of Limitation for Wrongful Death in New Mexico?

    The general rule is that it is three years. But this can depend of who is the defendant. For example if the defendant is the government then the limitations can be reduced significantly and certain notice provision may be required. It is always safer to immediately engage a New Mexico Wrongful Death attorney who is knowledgable so that your rights can be protected.

  10. Can an employer be sued for Wrongful Death in New Mexico:

    As a general rule an employer who carries workers' compensation insurance is protected by what is called the "workers' compensation bar" from lawsuits. This does not seem fair but the idea is that because workers' compensation is a "no fault" system and the employers; workers' compensation carrier must pay benefits even if the employer is not at fault or negligent for the injury or death to the employee. However the Supreme Court of New Mexico has stated that under some extremely limited circumstance a deceased or injured employee may still be able to sue his employer of damages. This exception is known as the "Delgado" exception or "Delgado cause of action" based upon the legal case of Delgado vs. Phelps Dodge. A New Mexico Wrongful Death lawyer will have to evaluate if your case meets with the requirements of Delgado.

Wrongful Death claims in Texas in employment differ from other states in two specific ways.  

(1) In Texas even if your employer may not carry workers compensation.  Most states do not allow an employer not to have workers' compensation, but in Texas many of the largest employers do not carry workers' compensation.  This means that if your Texas employer has no Texas Workers' Compensation Coverage or their own Occupation Injury Plan, the employer can still be sued if they are negligent in causing the injury or death.  If they have Texas Workers' Compensation they are protected from a lawsuit even if they are negligent, except as noted below.

(2) If an employee is killed by the gross negligence of their employer then their spouse and children can sue and collect punitive damages.  This is because the Texas Constitution specifically allows such lawsuits. In this regard The Workers' Compensation Act states: 


(a) Recovery of workers' compensation benefits is the exclusive remedy of an employee covered by workers' compensation insurance coverage or a legal beneficiary against the employer or an agent or employee of the employer for the death of or a work-related injury sustained by the employee.

(b) This section does not prohibit the recovery of exemplary damages by the surviving spouse or heirs of the body of a deceased employee whose death was caused by an intentional act or omission of the employer or by the employer's gross negligence.

(c) In this section, "gross negligence" has the meaning assigned by Section 41.001, Civil Practice and Remedies Code.

Gross negligence is more than just negligence.  To win this type of lawsuit your lawyer must prove by "clear and convincing evidence" that: 

(A) which when viewed objectively from the standpoint of the actor at the time of its occurrence involves an extreme degree of risk, considering the probability and magnitude of the potential harm to others; and

(B) of which the actor has actual, subjective awareness of the risk involved, but nevertheless proceeds with conscious indifference to the rights, safety, or welfare of others.

It should always be remembered that even if a loved one is killed or injured they still have a claim against any third-parties who were not their employer and were negligent in causing their injury.